Legal
Terms & Conditions.
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and La Effe Digital LLC (“Company,” “we,” “us,” or “our”), a Single-Member Limited Liability Company organized under the laws of the State of New Mexico, United States (Entity ID: 0008095411), governing your access to and use of laeffedigital.com (the “Site”) and any services we provide (the “Services”).
By accessing the Site, submitting an inquiry, entering into a service agreement, or purchasing any Service, you represent that you have read and understood these Terms and agree to be bound by them in their entirety. If you do not agree, you must immediately cease use of the Site and refrain from engaging our Services.
These Terms are subject to change at our sole discretion. The most current version will always be posted on this page. Continued use of the Site or Services after any modification constitutes acceptance of the revised Terms.
2. Services Overview
La Effe Digital LLC provides the following categories of Services:
- Custom Software Development: Design, architecture, and development of web applications, APIs, backend systems, and custom software solutions.
- Web Design and Development: Design and development of websites, landing pages, and web presences.
- SaaS and Digital Product Engineering: End-to-end development of subscription-based platforms and digital products.
- Website Care Plans: Monthly subscription-based website management and maintenance services.
- E-commerce Development: Development and integration of e-commerce platforms and payment systems.
- Technology Consulting: Strategic advisory, architecture review, technical due diligence, and CTO-as-a-Service engagements.
- SEO and Digital Marketing Services: Search engine optimization, analytics setup, and digital growth strategy.
The specific scope, deliverables, timeline, and pricing for each engagement are governed by a separate written Service Agreement, Proposal, or Statement of Work (“SOW”) executed between the parties. In any conflict between these Terms and a signed SOW, the SOW shall prevail for that specific engagement.
3. Website Care Plans — Subscription Terms
3.1 Plan Description
Website Care Plans are monthly subscription services providing ongoing website management and maintenance. Available plans, features, and pricing are described at laeffedigital.com/maintenance. Prices are in USD and may vary by region.
3.2 Billing and Auto-Renewal
Subscriptions are billed monthly in advance on the date of initial sign-up. Subscriptions automatically renew each month unless cancelled before the next billing date. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until cancellation.
3.3 Cancellation
You may cancel your subscription at any time by contacting us at info@laeffedigital.com before your next billing date. Cancellation takes effect at the end of the current billing cycle. We do not provide prorated refunds for partial months unless required by applicable law.
3.4 Plan Changes
Upgrades take effect immediately with prorated billing for the remainder of the current cycle. Downgrades take effect at the start of the next billing cycle.
3.5 Fair Use
Content edits included in Care Plans are subject to fair use. A “content edit” is a single, clearly defined change to existing content on an existing page. Creating new pages, redesigning sections, or structural changes are not included and will be quoted separately.
4. Client Project Engagements
4.1 Proposals and Agreements
All project-based engagements commence with a written proposal or SOW specifying scope, deliverables, milestones, timeline, and fees. No work will begin until the proposal is accepted in writing and the required deposit is received.
4.2 Scope and Change Requests
Any request for work outside the agreed scope constitutes a Change Order, which must be agreed upon in writing and may result in additional fees and timeline adjustments.
4.3 Client Obligations
You agree to provide timely access to required materials, content, assets, and accounts; designate an authorized point of contact; review and provide feedback within agreed timeframes; and cooperate reasonably with our team. Delays caused by your failure to meet these obligations may result in timeline extensions and additional fees.
5. Payment Terms
5.1 Project-Based Work
Our default payment structure is 50% non-refundable deposit before work commences and 50% upon project completion. Invoices are payable within 14 calendar days of issuance. Milestone-based payment schedules may be arranged for projects over $5,000.
5.2 Late Payments
Invoices not paid within the specified period are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance. We reserve the right to suspend all active work and withhold delivery of files until all outstanding amounts are paid in full.
5.3 Taxes
All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such taxes associated with your purchase of Services, excluding taxes on our income.
5.4 Refunds
Deposits for project-based work are non-refundable. Monthly subscription fees are non-refundable for the current billing period. We do not offer refunds based on subjective dissatisfaction once work has commenced in accordance with the agreed scope.
6. Intellectual Property
6.1 Work Product Ownership
Upon receipt of full payment, all custom work product created specifically for you is assigned to you as work-for-hire or by written assignment. Until full payment is received, all work product remains the exclusive property of La Effe Digital LLC.
6.2 Background IP
We retain all rights to our pre-existing intellectual property, proprietary frameworks, tools, and methodologies. To the extent any Background IP is incorporated into your deliverables, we grant you a non-exclusive, perpetual, royalty-free license to use such Background IP as incorporated only.
6.3 Client-Provided Materials
You represent and warrant that any content, materials, or third-party intellectual property you provide to us are owned by you or that you have the necessary rights. You agree to indemnify us against any claims arising from your provision of such materials.
6.4 Portfolio Rights
Unless expressly restricted in writing, we reserve the right to display completed work in our portfolio and promotional materials. To opt out of portfolio inclusion, notify us in writing at info@laeffedigital.com.
7. Confidentiality
Each party agrees to treat as confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. Neither party will disclose Confidential Information to third parties without the other's prior written consent, except as required by law or necessary to enforce these Terms. Confidentiality obligations survive termination for a period of three (3) years. We are happy to execute a mutual NDA upon written request.
8. Acceptable Use Policy
You agree to use the Site and our Services only for lawful purposes. You must not:
- Use the Site or Services in violation of any applicable law or regulation
- Engage us to create content or software that is illegal, defamatory, or infringing of third-party rights
- Introduce malware, viruses, or any other malicious code
- Attempt to gain unauthorized access to any portion of the Site or our servers
- Scrape or harvest content from the Site without express written permission
- Impersonate any person or entity or misrepresent your affiliation
Violation of this Acceptable Use Policy may result in immediate termination of your access without notice or refund, and may be reported to law enforcement authorities.
9. Warranties and Disclaimers
9.1 Our Warranties
We represent and warrant that we have the authority to enter into these Terms, our Services will be performed in a professional and workmanlike manner consistent with industry standards, and to our knowledge, our work product will not infringe any third-party intellectual property rights.
9.2 Disclaimer of Additional Warranties
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LA EFFE DIGITAL LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE CALENDAR MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify, and hold harmless La Effe Digital LLC from and against any and all claims, liabilities, damages, losses, costs, and attorneys' fees arising out of or relating to your violation of these Terms, your use of the Site or Services, or materials you provide to us that infringe third-party rights.
12. Force Majeure
Neither party shall be liable for any delay or failure to perform obligations (except payment obligations) caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, government action, or failure of third-party infrastructure. If a force majeure event continues for more than 60 days, either party may terminate the affected engagement upon written notice, with fees payable proportionate to work completed.
13. Term and Termination
13.1 Termination for Cause
Either party may terminate a service engagement immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 calendar days of written notice, or becomes insolvent.
13.2 Termination for Convenience
You may terminate a project engagement for convenience at any time upon written notice. In such case, you will pay for all work completed up to the termination date, and the deposit is non-refundable. We may terminate for convenience with 30 days' written notice.
13.3 Effect of Termination
Upon termination, all licenses granted to you are revoked (except for work product for which full payment has been received), each party shall return or destroy the other's Confidential Information upon request, and all accrued payment obligations survive termination.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Informal Resolution
Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 calendar days from written notice of the dispute.
14.3 Binding Arbitration
If informal resolution fails, any dispute shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Albuquerque, New Mexico or via videoconference.
14.4 Class Action Waiver
YOU AND LA EFFE DIGITAL LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. All disputes must be brought on an individual basis only.
15. General Provisions
These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between you and La Effe Digital LLC with respect to the subject matter hereof. If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary or severed without affecting the remaining provisions. No failure or delay by either party to exercise any right constitutes a waiver. You may not assign these Terms without our prior written consent. The parties are independent contractors — nothing in these Terms creates a partnership, joint venture, or employment relationship.
16. DMCA — Copyright Infringement
If you believe any content on the Site infringes your copyright, please submit a written notice to info@laeffedigital.com containing: identification of the copyrighted work; identification of the allegedly infringing material; your contact information; a statement of good faith belief that the use is not authorized; a statement under penalty of perjury of your authority to act; and your physical or electronic signature. We will investigate valid DMCA notices and respond in accordance with applicable law.
17. Contact Us
For questions, concerns, or legal notices regarding these Terms, please contact us:
Legal Contact
La Effe Digital LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, USA
Email: info@laeffedigital.com