These Terms of Service ("Terms") govern your use of the New Trail Design LLC website at newtraildesign.com ("Site") and any services we provide to you ("Services"). By using our Site or engaging our Services, you agree to these Terms. Please read them carefully.
New Trail Design LLC is a custom software design and development studio based in Greensburg, Indiana. We build custom web applications, mobile-ready software, and related digital products for clients. We are a single-operator LLC.
Our Services include custom software design and development, hosting and backend infrastructure management, and ongoing maintenance and support. The specific scope of Services for any engagement is defined in a separate written agreement (our client contract) signed before work begins.
These Terms of Service govern your use of our website and general relationship with New Trail Design LLC. Your specific project deliverables, timelines, and obligations are governed by your signed client contract, which takes precedence in the event of any conflict.
Submitting our project intake form does not constitute a binding agreement or guarantee of services. It is an expression of interest. A project begins only when both parties have signed a written agreement and the deposit has been received.
We reserve the right to decline any project inquiry at our discretion without obligation to provide a reason.
A non-refundable deposit is required before any work begins. The deposit amount is defined in your client contract. Payment of the deposit constitutes acceptance of the project scope and agreement to begin work.
The remaining balance of any build fee is due upon completion and delivery of the project, unless otherwise specified in your contract.
Clients on a hosting or maintenance plan are billed annually. The annual amount is equal to the monthly rate multiplied by 12, invoiced once per year due on January 1st. Invoices are sent via Square with 14-day and 1-day advance reminders. Failure to pay within 30 days of the due date may result in suspension of hosting or maintenance services.
Invoices unpaid after 30 days may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services for accounts with outstanding balances.
Deposits are non-refundable. If a project is cancelled after work has begun, you are responsible for payment proportional to the work completed. Annual plan payments are non-refundable once the service period has begun.
New Trail Design LLC retains full ownership of all code, designs, and other work product until final payment has been received in full. Upon receipt of full payment, ownership of the custom-built portions of your project transfers to you, subject to any third-party licenses noted below.
Projects may incorporate open-source libraries, frameworks, fonts, or other third-party components. These remain subject to their respective licenses and are not transferred as part of your project deliverable. We will make reasonable efforts to use components with permissive licenses.
Unless you request otherwise in writing, we reserve the right to display your completed project in our portfolio and case studies, and to reference our work together in marketing materials.
All delivered projects include a 30-day warranty period from the date of launch. During this period, we will fix bugs or issues that arise from our code at no additional charge. This warranty is void if the code is modified by you or any third party after delivery.
Our Services rely on third-party providers including Square, Google Firebase, and Cloudflare. We are not responsible for downtime, data loss, or service interruptions caused by these providers. Uninterrupted service cannot be guaranteed beyond our direct control.
To the fullest extent permitted by law, New Trail Design LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of our Services. Our total liability to you for any claim shall not exceed the total amount paid by you to us in the 12 months preceding the claim.
You are solely responsible for any content, data, images, or materials you provide to us for use in your project. We are not responsible for inaccuracies, legal issues, or damages arising from client-provided content.
Work is performed according to the scope defined in your signed contract. Requests for features or changes outside that scope may be subject to additional fees and timelines. We will communicate any scope changes and associated costs to you before proceeding with out-of-scope work.
Access to the New Trail Design client portal is provided for project management and communication purposes. You are responsible for keeping your portal credentials confidential. You may not share your portal access with unauthorized third parties. We reserve the right to revoke portal access at any time.
Either party may terminate a project engagement with written notice. In the event of termination, you remain responsible for payment for all work completed up to the termination date. We reserve the right to terminate services for non-payment or breach of these Terms or your contract.
These Terms are governed by the laws of the State of Indiana, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Decatur County, Indiana.
We may update these Terms from time to time. We will notify existing clients of material changes by email. Continued use of our Services after any changes constitutes your acceptance of the updated Terms.
Questions about these Terms? Contact us:
New Trail Design LLC
Greensburg, Indiana
tyler@newtraildesign.com
New Trail