Terms of Service

Last updated: January 18, 2026

This Terms of Service (“Agreement”) is entered into by Forthgoing (“we,” “us,” or “our”) and you (“you,” “Client,” or “user”). It governs your use of our services (“Services”), including custom web development, UX/UI design, branding, and related offerings, as well as your access to our website at https://forthgoing.com (including any client portals or payment gateways).

By engaging our Services, signing a Quote or Statement of Work, or using our website, you agree to be bound by this Agreement.

Questions or concerns? If you do not agree with these terms, please do not engage our Services. For questions, contact us at hello@forthgoing.com.

Summary of Key Points

This summary highlights the main terms, but it is not a substitute for the full Agreement. Please review the complete terms below.

• Services: Premium, founder-level and senior-level web development, design, branding, and post-launch support as detailed in your Quote/SOW. Learn more
• Payments: Typically 50% upfront, 50% on completion (or milestones). Retainers, subscriptions, or hourly rates for ongoing work. Late payments incur fees. Learn more
• Revisions & Timelines: 5-10 revision rounds included; additional rounds charged. Delays caused by you may extend timelines and incur fees. Learn more
• Ownership: You own final deliverables upon full payment; we retain rights to reusable tools/code and portfolio usage (unless restricted by NDA). Learn more
• Post-Launch Support: 3 months included for bug fixes and minor tweaks; additional support billed separately. Learn more
• Liability: Capped at fees paid; no liability for indirect or consequential damages. Learn more
• Termination: Either party may terminate with notice or for cause; you pay for work completed. Learn more

1. What Services Do We Provide?

In Short: We deliver high-performance, growth-driven digital products with founder-level and senior-level execution.

Our Services include custom web development, full-stack development, UX/UI design, product design, branding, creative/motion design, e-commerce development (Shopify, Webflow, Framer, WordPress), mobile apps, cloud/DevOps, and marketing execution - as specified in your signed Quote or Statement of Work (“Quote/SOW”).

We emphasize modern technologies (React, Next.js, Astro.js, TypeScript, Tailwind, GSAP, Framer Motion), performance optimization, accessibility (WCAG 2.1 AA+), SEO, and conversion-focused design. All work is tailored, end-to-end, and delivered at premium quality.

The Quote/SOW is incorporated into this Agreement by reference and governs the specific scope of each project.

2. How Do We Structure Projects and Payments?

In Short: Projects typically require 50% payment upfront and 50% on completion (or as agreed in milestones). Ongoing work may be billed via retainers, subscriptions, or hourly rates.

• Projects begin upon your acceptance of the Quote/SOW and receipt of the initial payment.
• Standard project payment: 50% upfront, balance on completion (or per agreed milestones).
• Ongoing or separate services: Billed via retainers, monthly subscriptions, or hourly rates.
• All fees are in USD and payable via Stripe or PayPal.
• Late payments accrue 1.5% monthly interest and may incur collection costs.
• You are responsible for providing accurate billing information; changes may incur additional fees.

Final deliverables and ownership transfer occur only after full payment.

3. Revisions, Timelines, and Client Responsibilities

In Short: We include 5-10 revision rounds. You must provide timely feedback, content, and approvals.

• Included revisions: 5-10 consolidated rounds (submitted in writing). Additional revisions are billed at our hourly rate.
• Timelines: As estimated in the Quote/SOW. Delays caused by late client feedback, content, or approvals may extend timelines and incur additional fees.
• Client responsibilities: Provide all necessary content, approvals, access, and materials in a timely manner; indemnify us for claims arising from your provided materials.

We may pause or suspend work if you are unresponsive for an extended period.

4. Intellectual Property and Ownership

In Short: You own the final deliverables upon full payment. We retain rights to reusable tools/code and may use the project in our portfolio (unless restricted by NDA).

Upon full payment:

• You own the final creative deliverables (custom designs, branding, content, and the website as built).
• We retain ownership of all pre-existing or reusable code, frameworks, templates, design systems, and tools (e.g., base setups for Framer, Webflow, or Next.js).
• You receive a perpetual, non-exclusive license to use all delivered materials for your business purposes.

We may showcase the project in our portfolio and marketing materials (anonymized if required by NDA). Third-party elements (plugins, stock assets, etc.) remain subject to their respective licenses, and you assume responsibility for ongoing licensing and fees after handover.

5. Post-Launch Support

In Short: 3 months of included support for bug fixes and minor tweaks; additional work is billed separately.

We provide 3 months of post-launch support starting on the launch date, covering bug fixes and minor adjustments (at our reasonable discretion). Major changes, new features, or ongoing maintenance are billed hourly or under a separate agreement.

6. Warranties and Disclaimers

In Short: We warrant professional execution but provide no guarantees of business results.

We warrant that Services will be performed in a professional manner, substantially conform to agreed specifications, and be original to the best of our knowledge. All other warranties, express or implied (including merchantability or fitness for a particular purpose), are disclaimed. We do not guarantee traffic, conversions, revenue, rankings, or any specific business outcomes. Third-party platforms and tools are provided “as-is.”

7. Limitation of Liability

In Short: Our liability is capped at the fees paid; we are not liable for indirect or consequential damages.

To the maximum extent permitted by law, our total liability shall not exceed the fees paid under the relevant Quote/SOW (or the last 12 months for retainers/subscriptions). We shall not be liable for any indirect, consequential, special, incidental, or punitive damages (including lost profits, data loss, or business interruption), even if advised of the possibility.

8. Indemnification

In Short: You indemnify us for claims arising from your content; we indemnify you only for our gross negligence or willful misconduct.

You agree to indemnify, defend, and hold us harmless from any claims arising from materials or content you provide (e.g., IP infringement, defamation). We agree to indemnify you solely for claims caused by our gross negligence or willful misconduct.

9. Termination and Cancellation

In Short: Either party may terminate with notice or for cause; you pay for all work completed.

• Either party may terminate for convenience with 30 days’ written notice or for material breach (with a 15-day cure period).
• We may terminate immediately for non-payment.
• Upon termination: You pay for all completed work and accepted milestones; retainers/subscriptions are pro-rated. We will deliver current deliverables (no refunds for paid work).

10. Confidentiality and Force Majeure

In Short: We protect each other’s confidential information. Delays due to uncontrollable events are excused.

Both parties agree to maintain the confidentiality of disclosed information. We are independent contractors, not partners or employees. Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, pandemics).

11. Governing Law and Dispute Resolution

In Short: California law applies; disputes resolved in Los Angeles courts.

This Agreement is governed by the laws of the State of California, without regard to conflict of laws principles. Exclusive jurisdiction and venue for any disputes shall be the state or federal courts in Los Angeles County, California.

12. Other Important Terms

In Short: Standard legal protections.

• No waiver of rights unless in writing.
• This Agreement (including incorporated Quote/SOW) constitutes the entire agreement; amendments must be in writing.
• If any provision is held invalid, the remainder remains in effect.
• This Agreement also applies to your use of our website, portals, and payment gateways.

13. How Can You Contact Us?

For questions about this Agreement, please contact:

Forthgoing
Los Angeles, California, USA
hello@forthgoing.com

We may update this Agreement from time to time by posting a new version on our website. Your continued use of our Services or website after any update constitutes acceptance of the revised terms.