← By The Mark LLC

Terms of Service

Effective September 21, 2026

1. Who we are

By The Mark LLC ("By The Mark," "we," "us") is a limited liability company organized under the laws of the State of Texas, located in Harker Heights, Texas. These Terms govern the services we provide to a client ("you") and the use of this website.

2. Services

We provide web and software development, audiovisual system design and installation, podcast and video production, and social media content production and management. The specific services, deliverables, schedule, and price for any engagement are set out in a written scope, proposal, statement of work, or invoice (each, an "Order"). An Order together with these Terms forms the agreement between us. If an Order conflicts with these Terms, the Order controls for that engagement.

3. Quotes and acceptance

Quotes and proposals are valid for thirty (30) days unless stated otherwise. Work begins when you accept an Order in writing, which includes acceptance by email, and, where required, pay the deposit named in that Order.

4. Fees and payment

Fees are stated in United States dollars and are exclusive of applicable taxes, third party fees, and pass through costs such as hosting, domain registration, software licenses, stock media, equipment, and travel. Third party costs are either billed to you directly by the vendor or invoiced by us at cost.

• Project work. Typically invoiced as a deposit of up to fifty percent (50%) at kickoff, with the balance due on delivery, unless the Order provides a different schedule.
• Hourly work. Billed at the rate stated in the Order and invoiced monthly in arrears.
• Retainers. Invoiced monthly in advance for the coming service period.

Invoices are due Net 15 from the invoice date unless the invoice states otherwise. We accept major credit and debit cards and bank transfer (ACH). Card and bank payments are processed by Stripe, Inc. We do not receive or store your full payment card details.

5. Late payment

Undisputed amounts not paid when due may accrue a late charge of one and one half percent (1.5%) per month, or the maximum rate permitted by Texas law if lower. We may suspend work and withhold deliverables on an account that is more than fifteen (15) days past due, after giving you written notice. You are responsible for reasonable costs of collection.

6. Cancellation and refunds

Because our services are custom professional work performed for a specific client, the following applies unless an Order says otherwise.

• You may cancel an engagement at any time with written notice. You remain responsible for all work performed and all non recoverable third party costs incurred through the effective date of cancellation.
• Deposits are applied to work performed. Any portion of a deposit that exceeds the value of work performed and costs incurred at the time of cancellation is refunded to you within fifteen (15) business days.
• Retainer fees are not refundable for a service period that has already begun. You may cancel a retainer for any future period with thirty (30) days written notice.
• Equipment, hardware, licenses, and other third party goods purchased on your behalf are subject to the return policy of the supplier and are not otherwise refundable.
• If we fail to deliver work that materially conforms to the Order, and we do not correct it within a reasonable period after you notify us in writing, you may cancel and receive a refund of amounts paid for the non conforming work.

To request a cancellation or refund, email skyleleach@gmail.com. We respond to billing questions within two (2) business days.

7. Revisions and change requests

Each Order states the revisions included. Work that falls outside the agreed scope, including added features, added deliverables, or repeated direction changes, is quoted separately and begins only after you approve it in writing.

8. Your responsibilities

You agree to provide the content, access, approvals, site access, and decisions we reasonably need, on a timely basis. Delays caused by missing materials or approvals may shift the schedule and, where they cause us to reserve unused time, may affect price. You represent that any material you supply does not infringe the rights of a third party and that you have the right to let us use it for the engagement.

9. Ownership

On our receipt of payment in full for an engagement, you own the final deliverables produced specifically for you under that Order. We retain ownership of our pre existing materials, tools, libraries, templates, and general know how, and we grant you a perpetual, non exclusive license to use those items as incorporated in the deliverables. Third party components, including open source software, stock media, and licensed fonts, remain subject to their own licenses. Until payment in full is received, we retain all rights in the deliverables.

10. Portfolio use

We may identify you as a client and display non confidential samples of the work in a portfolio, on a website, or in a proposal, unless you ask us in writing not to.

11. Confidentiality

Each party agrees to protect the other party's non public business information disclosed in connection with an engagement, to use it only for that engagement, and not to disclose it to others except to personnel and contractors who need it and are bound to comparable obligations. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

12. Subcontractors

We may use qualified subcontractors. We remain responsible for their work under these Terms.

13. Warranty and disclaimer

We will perform services in a professional and workmanlike manner consistent with industry standards. For software and website deliverables, we will correct reproducible defects that materially depart from the Order and that you report in writing within thirty (30) days of delivery, at no additional charge. Installed equipment carries only the warranty offered by its manufacturer.

Except as stated in this section, services and deliverables are provided "as is," and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that a website or system will be uninterrupted or error free, and we are not responsible for the acts, outages, or policy changes of third party platforms and vendors.

14. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to an engagement, even if advised of the possibility. Our total aggregate liability arising out of or related to an engagement will not exceed the total amount you paid us under the Order giving rise to the claim during the twelve (12) months preceding the event.

15. Indemnity

You agree to indemnify and hold us harmless from third party claims arising out of content or materials you supplied, your use of the deliverables in a manner not contemplated by the Order, or your violation of law or of a third party's rights.

16. Termination

Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days of written notice. Section 6 governs the financial effect of termination. Sections 9, 11, 13, 14, 15, and 18 survive termination.

17. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disaster, utility or network failure, labor disruption, supply shortage, or government action. Schedules are extended accordingly.

18. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. The exclusive venue for any dispute is the state or federal courts located in Bell County, Texas, and each party consents to that jurisdiction.

19. Changes to these Terms

We may update these Terms. The version in effect on the date an Order is accepted governs that engagement. The current version is always posted on this page with its effective date.

20. Contact

By The Mark LLC
Harker Heights, TX 76548
skyleleach@gmail.com