Additional Policies

A Guide to Our Legal Policies

Estimates & Contracts

    Estimates provided to prospects will be honored for 30 days from the date of issue. After that time, a new estimate may be requested by the client. Contracts that have been drafted but not yet signed by the client will only be considered valid within 30 days of the delivery date. If the client fails to sign the contract within this time frame, the estimate will no longer be valid and a new estimate may be requested.


    If we are unable to communicate with a client on a project for a duration of at least seven days (7) by phone or email during any portion of the project, the project will be canceled without prior notice. In such an event, the provisions of the Refunds and Payments Policy will apply.

    Point of Contact & Training

    To ensure effective communication and efficient project management, Giant requires the Client to designate a single Point of Contact for the duration of the Contract. The Point of Contact shall be responsible for clarifying design requirements, key features, usability, and maintenance issues and shall be available to respond to questions arising from the project within 24 hours on workdays, subject to reasonable exceptions. The Point of Contact must have the authority to make project-related decisions.

    Giant shall not be responsible for providing training on the use or maintenance of the work provided unless such training has been explicitly included in the scope of the project as agreed upon by both parties in writing. The Client agrees that Giant is being hired to perform all aspects of the project and shall not be required to collaborate with any other contracted designers, coders, or internal personnel of the Client.

    In the event that the Client fails to designate a single Point of Contact or if the Point of Contact is unavailable to respond to questions within the specified time frame, this may be deemed a material breach of the Contract and may be grounds for immediate cancellation of the project. The provisions of the Refunds and Payments Policy shall apply in the event of cancellation.

    Business Relationships

    This Website may provide links or references to third-party websites and resources. Giant makes no representations, warranties, or other commitments whatsoever about any such websites or resources. A link to a third-party website does not imply endorsement of the content or use of such website or its owner by Giant.

    Giant shall not be a party to or responsible for any transactions entered into between the Client and any third parties, even if the Client learned of such parties through a link on a Giant website. The Client acknowledges and agrees that Giant is not responsible for the availability of such external sites or resources and shall not be liable for any content, services, products, or other materials available from those sites or resources.

    The Client is solely responsible for protecting themselves and their information from viruses, worms, Trojan horses, and other potentially destructive programs when accessing third-party websites. Giant shall not be held responsible for any loss or damage incurred by the Client as a result of accessing third-party websites.

    Linking to this Site

    The Client shall not link to this website without obtaining prior written consent from Giant, except as otherwise permitted in accordance with the following terms and conditions:

    The link and the pages activated by the link shall not:

    • Create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
    • Misrepresent the relationship between the Client and Giant;
      Implied that Giant approves or endorses the Client, their website, or their service or product offerings;
    • Present false or misleading impressions about Giant or otherwise damage the goodwill associated with the Giant name or trademarks.

    The Client agrees that as a condition of being permitted to link to this website, they shall immediately remove all links to it and cease using any Giant trademark if Giant, at its sole discretion, terminates permission to link to it.

    The Client agrees to indemnify and hold harmless Giant for any damages or losses resulting from the Client’s unauthorized linking to this website or the Client’s breach of the terms and conditions set forth in this section.

    Web Site Design Credit

    All Giant custom web design clients shall display a “Powered by Giant” link in the footer of every page of their website. This provision shall be non-negotiable and the Client agrees to this requirement as a condition of hiring Giant to work on their website. The Client acknowledges that the “Powered by Giant” link may not be removed without the prior written consent of Giant and that removal may only be obtained by paying Giant a fee of $2500.

    In the event that the Client has a new layout designed for their site by a company other than Giant, the Client shall immediately remove the “Powered by Giant” credit from their website. The Client shall be solely responsible for ensuring compliance with this provision and shall indemnify and hold harmless Giant for any damages or losses resulting from the Client’s failure to comply with this provision.

    Copyright & Ownership for Design Work

    Throughout the course of any project and upon its completion, Giant retains full rights and ownership of all custom designs, programming, proprietary materials, and related files created for the Client unless an alternative arrangement is expressly agreed upon within these terms. This section outlines the conditions applicable to all design works and files, regardless of their intended use for online platforms or hosting:

    • Modification and Access Rights: Giant reserves the right to modify, restrict access to, or enhance any design files and proprietary materials due to reasons including, but not limited to, non-compliance with the agreed terms, security concerns, or financial delinquency. Should the Client become delinquent in payments, Giant may suspend the provision of design services or access to files until the account is settled and compliant.
    • Proprietary Rights, Software, and Licensing: All designs, whether intended for digital use or physical production and all software or dynamic templates used in the creation of these designs are the exclusive property of Giant. This includes all intellectual property rights in the materials produced, highlighting that such proprietary data and software cannot be shared, replicated, or distributed without Giant’s explicit written consent. Unauthorized use or disclosure may lead to legal actions, including but not limited to injunctive relief, to protect Giant’s interests.
    • Ownership and Use of Design Files: Giant maintains ownership of all design files, including preliminary drafts, working files, and finished products, unless a specific agreement to the contrary is made. This ownership extends beyond the duration of the project, ensuring that Giant’s proprietary rights are protected indefinitely.
    • Provision of Working Files: For valued, long-standing clients, Giant may, at its discretion, provide backups or copies of working files as a courtesy. This action is meant to facilitate ongoing collaboration and does not constitute a transfer of ownership or rights.
    • Usage Restrictions: Any design files or proprietary materials provided to the Client are for the Client’s use only within the scope defined by the project and must not be distributed or used by unauthorized parties. Violations of these terms will prompt Giant to take appropriate legal action to rectify damages and enforce the agreement.
    • Intellectual Property and Confidentiality: Giant’s provision of design services does not imply a transfer of intellectual property rights, except where explicitly agreed. Clients are required to maintain the confidentiality of all proprietary materials and information, using them solely for the project’s intended purposes as outlined in these terms.
    • Acknowledgment of Design Limitations: Design works created by Giant are to be used as agreed, with limitations on their application outside the United States unless previously authorized by Giant in writing. This ensures respect for the proprietary techniques and materials used in the creation process.

    Website User Access and Permissions

    • Scope of Access: The User’s access to the Services provided under this Agreement is limited strictly to the level and scope of access purchased as defined in the Service Package (the “Authorized Access”). The User is not entitled to any features or resources beyond those in the Authorized Access.
    • Administrative Access: The User acknowledges and agrees that administrative-level access to the Services’ hosting environment or website (“Admin Access”) is expressly prohibited and shall not be provided at any time. The User shall have no capability to make any changes to the hosting environment that could affect the underlying infrastructure, other users, or the overall integrity of the Services.
    • Blog Access: If the User has purchased a Service Package that includes creating and hosting a blog (“Blog Access”), the User shall be granted the necessary permissions to manage and publish content to their blog within the confines of the provided platform and tools. Blog Access is subject to the terms and conditions of this Agreement and is limited to the User’s blog as hosted by the Service Provider.
    • Gallery Access: Similarly, if the User’s Service Package includes access to a digital image gallery (“Gallery Access”), the User is permitted to upload, manage, and display images within the parameters set by the Service Provider. Gallery Access, like Blog Access, is confined to the functionalities provided and does not extend to any administrative functionalities.
    • No Unauthorized Access: The User agrees not to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or any server used by the Service Provider, by hacking, password “mining,” or any other illegitimate means.
    • Compliance with Terms: The User shall use the Services strictly by the terms of the Authorized Access. Any use of the Services outside the scope of the Authorized Access, as detailed in this Agreement and the accompanying Service Package description, is a breach of this Agreement and may result in suspension or termination of the User’s Account and access to the Services.
    • Modification of Access: The Service Provider reserves the right to modify, enhance, or restrict the User’s access at any time due to non-compliance, security concerns, or any other reason deemed necessary by the Service Provider in the pursuit of maintaining service integrity and security. Furthermore, in the event that the User is delinquent in payment or owes Giant any fees, Giant reserves the right to suspend hosting or any other services provided until the User’s account is settled and no longer considered non-compliant. Such suspension will continue until the outstanding amount is fully paid, thereby restoring the account to compliant status and resuming normal service provisions.
    • Proprietary Rights, Software, and Licenses: Giant retains sole and exclusive ownership of all rights, title, and interest in and to the website, including but not limited to the designs, which are created using software that employs dynamic templates for site creation, functionality, code, software, and related files (“Proprietary Data”). Giant owns, has created, or has obtained the necessary licenses for all software and templates used to power and design the website, which the Client is authorized to use while the site is owned and hosted by Giant. This Proprietary Data, including the dynamic templates and associated software, is considered confidential and proprietary information of Giant, protected under applicable intellectual property laws.

      The Client acknowledges that the Proprietary Data, software, and any files generated using the dynamic templates shall not be shared, distributed, replicated, or provided to the Client or any third party for any reason unless expressly authorized in writing by Giant. Specifically, files created in the software that uses dynamic templates to design the sites will never be shared with the Client. Unauthorized use or disclosure of Proprietary Data, software, licenses, or template-generated files may cause irreparable harm to Giant, for which monetary damages would be insufficient. Therefore, Giant is entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, to prevent any unauthorized use or disclosure.

    Website Release Agreement Requirement

    In providing access to specific site functionalities or transferring the site to the client’s control, Giant requires the client to sign a Website Release Form. This form is crucial for delineating responsibilities post-transfer or post-access, ensuring a clear legal understanding that:

    • Liability Release: By signing the Website Release Form, the client acknowledges that Giant is released from any liability related to the site’s workmanship, performance, or any other web-related issues that may arise after the transfer or access is granted. This release covers all aspects of the site’s operation, including but not limited to performance issues, security vulnerabilities, and functionality concerns.
    • Responsibility for Damages and Repairs: Post-transfer, any required repairs, modifications, or maintenance to the site will be undertaken by Giant at the client’s request and will be billed at Giant’s current hourly rate. The client accepts that these services are outside the scope of any previous agreements and acknowledges their responsibility for any costs incurred as a result.
    • Comprehensive Acknowledgment: The execution of the Website Release Form signifies the client’s comprehensive understanding and agreement to these terms, marking their assumption of responsibility for the ongoing maintenance and performance of the site following the completion of Giant’s direct involvement.

    Site Transfer Provisions

    • Transfer Conditions: Clients wishing to transfer their site to another hosting service must acknowledge that certain plugins and software integral to its functionality are licensed exclusively to Giant and are not transferable. Giant retains ownership of all proprietary designs, software, and related files for creating and operating the site. Prior to any transfer, Giant will deauthorize and uninstall any such plugins and software to comply with licensing agreements and protect proprietary technologies.
    • Transfer Process: Transferring a site includes a comprehensive review to ensure all proprietary and licensed elements are appropriately handled. Giant will assist in preparing the site for transfer, which may involve modifications to ensure the site’s functionality outside of Giant’s hosting environment.
    • Transfer Fee: The site transfer service requires a flat fee of $2,500. This fee does not cover the administrative, technical, and legal efforts necessary to facilitate the transfer, including the reauthorization of plugins and software and the preparation of the site for a new hosting environment. This does not include any time to help with the transfer, helping with licenses or any other tech work that can be expected for this proicess. Giant will provide a quote and bill at the current hourly rate.
    • Client Responsibilities: Post-transfer, the client assumes full responsibility for the site, including compatibility checks with the new hosting environment and managing the site’s operation within that environment. Clients are encouraged to discuss potential impacts and requirements with their new host in advance.
    • Compliance with Licensing: The client’s responsible for ensuring that any new plugins or software installed post-transfer comply with licensing laws and are legally obtained for use. Giant will provide guidance on alternative solutions where necessary.


    The Client acknowledges and agrees that the services purchased from Giant are provided “as is” and without warranty of any kind. Giant shall not be liable for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the Client, including, without limitation, lost profits, business interruption, loss of data, or other losses directly resulting from the use of the website, services, and/or goods provided to the Client. The entire risk as to the quality and performance of the web design is with the Client.

    No Guarantees

    Giant makes no representations or guarantees with respect to the amount of traffic to the Client’s site or interest generated in the Client’s site. Giant makes no representations or guarantees regarding an increase in Client sales or top listing in any search engine or directory. Giant shall use its best efforts to perform under the contract but makes no representation or guarantee that the site will be accessible by all browsers and operating systems. Giant shall test the site on browsers no older than one (1) year from the date of contract and does not guarantee that the site will work or look the same using older browsers or operating systems. The Client shall be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. The Client agrees to indemnify and hold Giant harmless against all claims concerning these matters.

    International Customers

    Giant is happy to accept projects from customers outside of the United States but requires full payment for all projects prior to the beginning of the project via credit card. This provision shall be non-negotiable.

    Mitigation of Disputes

    In the event of any dispute arising out of or related to this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, they agree to submit the dispute to mediation in San Juan County, Washington. If the parties are unable to resolve the dispute through mediation, they agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Juan County, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law.


    The Client acknowledges and agrees that in the course of performing services under this agreement, Giant may come in contact with or become familiar with information that the Client considers confidential. In recognition of the confidential nature of such information, Giant hereby agrees to maintain the confidentiality of all such information and not to disclose it to any third party except as required by law or as authorized in writing by the Client.

    Giant shall take all reasonable measures to protect the confidentiality of such information, including, but not limited to, using the same degree of care to protect the confidential information as it uses to protect its own confidential information of a similar nature.

    This provision shall survive the termination of this agreement and shall remain in full force and effect for a period of three (3) years after the termination of this agreement.

    Acknowledgment and Agreement by Payment

    • Payment as Acceptance of Terms: The Client acknowledges that by making any payment to Giant in relation to the services provided, they are expressly acknowledging and agreeing to all the terms and conditions outlined in this agreement. This includes but is not limited to, the terms regarding copyright and ownership, confidentiality, use of proprietary materials, and limitations on liability
    • Informed Consent: The act of payment signifies the Client’s informed consent to the agreement as a whole, including their understanding of and agreement to comply with all its stipulations, restrictions, and requirements as set forth by Giant.
    • Prior to making a payment, the Client is responsible for thoroughly reviewing the agreement and seeking clarification on any points as necessary. Payment made without such review does not exempt the Client from the obligations and responsibilities outlined in this agreement.
    • Each payment made by the Client will be taken as evidence of their ongoing acceptance of the agreement terms, including any amendments or updates that may have been made to the agreement up to the point of each payment.

    Changes to Additional Policies

    We reserve the right to change these Additional Policies at any time. We will not notify you when we make changes to Additional Policies.

    If you have any questions about these terms, please contact us at


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