Texan Link LLC
Terms and Conditions
These terms are between you and Texan Link LLC (“Texan Link”, “we”, “us”), a Texas limited liability company. They come in three parts:
- Part A covers using this website. If you only visit the site, this is the part that applies to you.
- Part B covers project work we do for clients.
- Part C covers everything else, including which law applies.
Our Privacy Policy explains how we handle personal information. You can reach us at texanlinkllc@gmail.com.
Part A: Using this website
A1. Agreeing to these terms
By using texanlink.com you agree to Part A. If you do not agree, please do not use the site.
A2. What the site is
The site describes what we do. It is not an offer that you can accept, it has no accounts, and nothing on it forms a contract by itself. The project builder on the home page only writes a draft brief in your browser. We do not receive it unless you choose to email it to us.
A3. Acceptable use
Please do not attack, probe or overload the site, try to get around how it works, misuse it to harm others, or copy it in bulk. If you find a security problem, tell us at texanlinkllc@gmail.com (see our security contact) and give us a reasonable chance to fix it before you share it.
A4. Our content
The text, design and code of this site belong to Texan Link LLC, except for third-party parts that come under their own licenses (for example, the typefaces, which are used under the SIL Open Font License). You may link to the site and print our policies for your records. Please ask before reusing our wording, design or code for a commercial purpose.
A5. Other companies
Names of other companies that appear on this site, such as Amazon Web Services, Google and Square, belong to their owners. We use them only to describe services we use. We are not affiliated with them and they do not endorse us.
A6. General information only
Descriptions of our services and typical timelines are general. What we agree for your project is in your written quote (see Part B). Nothing on this site is legal, tax, accounting or other professional advice.
A7. No warranty for the website
THE WEBSITE AND EVERYTHING ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT THE LAW ALLOWS. WE DO NOT PROMISE THAT THE SITE WILL BE AVAILABLE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
A8. Limit of liability for the website
TO THE MAXIMUM EXTENT THE LAW ALLOWS, TEXAN LINK LLC IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS, DATA OR GOODWILL. THIS DOES NOT LIMIT LIABILITY THAT THE LAW DOES NOT ALLOW US TO LIMIT, SUCH AS LIABILITY FOR FRAUD OR INTENTIONAL MISCONDUCT.
Part B: Project work
B1. How work is agreed
We do work under a written quote or statement of work (a “Quote”), which you accept in writing. Email or an electronic signature counts, and Texas law (the Uniform Electronic Transactions Act, Chapter 322 of the Texas Business and Commerce Code) gives them the same effect as ink. The Quote and these terms together are the agreement for that project. If they differ, the Quote controls for that project.
We do not start work until you have accepted the Quote.
B2. Quotes and prices
We do not publish a price list, because every project is different. Each Quote is priced for its project. Prices are in US dollars unless the Quote says otherwise. A Quote is valid for the period it states, or for 30 days if it states none.
Texas sales tax is added to invoices where the law requires it. Whether tax applies, and to how much of an invoice, depends on the kind of work, and we show it on the invoice.
B3. Changing the plan
If you want something different from what the Quote describes, ask us. We will tell you in writing what it does to the price and timeline, and we make the change only once you agree in writing.
B4. What we need from you
Good results depend on timely answers, content and decisions from you. If they arrive late, dates and prices may change. You are responsible for the accuracy of the text, images, logos, data and other material you give us, and you confirm that you have the right to use it and to let us use it for your project.
B5. Paying us
Any deposit or milestone payments are set out in the Quote. Invoices are due on the date stated on the invoice, or within 30 days of the invoice date if none is stated. We may pause work while an invoice is overdue. A late fee applies only if the Quote or invoice says so. Refunds, if any, are governed by the Quote.
B6. Who owns what
- The finished work. When you have paid the Quote in full, you own the deliverables we made specifically for you, and we assign our rights in them to you. Until then, ownership stays with us and you may use work in progress only to review it.
- Our tools. We keep our own pre-existing tools, code libraries, templates and know-how. Where they are part of your deliverables, we give you a non-exclusive, perpetual, worldwide, royalty-free license to use them as part of those deliverables.
- Other people’s parts. Open-source and third-party components stay under their own licenses, which we will point out to you where they matter.
- Your material. What you gave us stays yours.
B7. Showing our work
We may show the finished work and your name in our portfolio, unless you ask us in writing not to.
B8. Other costs
Domains, hosting, software licenses, stock images and fonts, app-store fees and payment-provider fees are separate from our fees. Unless the Quote says we will pay them and bill you, you pay them directly. Those services are governed by their providers’ terms.
B9. Timelines
Dates in a Quote are our good-faith estimates unless the Quote says a date is fixed. We are not responsible for delay caused by late input from you, by third parties, or by events outside our control.
B10. Reviewing and fixing
Please review deliverables promptly and tell us in writing about anything that does not match the Quote. We will correct work that does not match it. A warranty or support period applies only if the Quote states one. Anything beyond that, including ongoing support and new features, is separate work under a new Quote.
B11. Confidentiality
Each of us will keep the other’s non-public information confidential, use it only for the project, and share it only with people who need it and are bound to keep it confidential too. This does not cover information that is public through no fault of ours, that we already had or learned independently, or that the law requires us to disclose.
B12. Contractors
We may use contractors on your project. We stay responsible for the work, and they are bound to keep your information confidential and to assign their work to us so that we can assign it to you.
B13. Your data, backups and access
Unless the Quote includes backups or hosting, you are responsible for backing up your own data and content. We use the credentials and access you give us only for your project, and we stop using them when the project ends.
B14. No other warranties
EXCEPT AS EXPRESSLY STATED IN YOUR QUOTE, OUR WORK IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT THE LAW ALLOWS. WE DO NOT PROMISE THAT SOFTWARE WILL BE FREE OF ERRORS OR RUN WITHOUT INTERRUPTION.
We are not your lawyers or tax advisers. We do not advise you on whether your website or software meets legal requirements that apply to your business, such as accessibility, privacy or sales-tax rules. You should get advice on those from a qualified professional.
B15. Limit of liability for project work
TO THE MAXIMUM EXTENT THE LAW ALLOWS, TEXAN LINK LLC’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO A PROJECT, WHATEVER THE LEGAL THEORY, IS LIMITED TO THE FEES YOU PAID US FOR THAT PROJECT IN THE 12 MONTHS BEFORE THE CLAIM AROSE. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. THIS DOES NOT LIMIT LIABILITY THAT THE LAW DOES NOT ALLOW US TO LIMIT, SUCH AS LIABILITY FOR FRAUD OR INTENTIONAL MISCONDUCT.
B16. Claims about your material
IF A THIRD PARTY MAKES A CLAIM THAT MATERIAL YOU GAVE US, OR HOW YOU USE OUR WORK IN A WAY WE DID NOT AGREE TO, INFRINGES OR VIOLATES THEIR RIGHTS, YOU WILL DEFEND AND COMPENSATE US FOR THAT CLAIM. This does not apply to claims caused by our own negligence or misconduct.
B17. What we will not do
We may decline or stop work that would be illegal, would infringe someone’s rights, or is meant to harass, deceive or harm others or to spread malware. If we stop for that reason, you pay for the work done up to that point.
B18. Ending a project
Either of us may end a project by written notice. You pay for the work done and any costs we cannot cancel up to the date of notice. When we have been paid, we hand over the completed work.
B19. Events outside our control
Neither of us is responsible for failing to do something because of events outside our reasonable control, such as natural disasters, power or internet failures, or the actions of governments, but payment obligations for work already done remain.
Part C: General
C1. Texas law and courts
Texas law governs these terms and any dispute about them or about our work, without regard to its conflict-of-laws rules. Before either of us starts a court case, we will each try in good faith to resolve the matter by talking for at least 30 days after written notice of the problem. Any claim must then be brought in the state or federal courts located in Texas, and you and we agree to their jurisdiction.
C2. Changes to these terms
The version and effective date are at the top of this page. A change applies to your use of the website from the date it takes effect. For project work, the terms in effect when you accepted the Quote apply to that project unless we both agree otherwise in writing.
C3. Notices
We may give notice to the email address you used to contact us or that appears in the Quote. You may give notice to texanlinkllc@gmail.com. An email counts as written notice.
C4. The rest of the legal basics
- These terms and the Quote are the whole agreement about a project and replace anything said earlier.
- If part of these terms cannot be enforced, the rest still applies.
- If we do not insist on something right away, we have not given up the right to insist on it later.
- You may not transfer your rights under these terms without our written consent.
- We are independent businesses. Neither of us is the other’s employee, partner or agent.
- No one else has rights under these terms.
C5. Contact
Questions about these terms: texanlinkllc@gmail.com.