Table of Contents
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Merkaba Web Portals ("Company," "we," "us," or "our"), governing your use of our website at designmywebsitenow.com and any associated landing pages, funnels, forms, or digital properties (collectively, the "Site"), as well as any services we provide to you.
By accessing or using the Site, submitting any form, clicking any advertisement, opting in to SMS communications, entering into a service agreement with us, or making a payment, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Site and our services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
Merkaba Web Portals provides premium web design, web development, digital marketing strategy, branding, and related creative services to individuals and businesses. Services are provided pursuant to a separate written agreement (Statement of Work, Proposal, or Contract) executed between you and us.
These Terms govern your general use of our Site and digital touchpoints — including advertising funnels, lead generation pages, intake forms, and SMS communications — in addition to any client services agreement you execute with us.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. Service availability is subject to the terms of individual client agreements.
You must be at least 18 years of age to use this Site, engage our services, or consent to receive SMS messages. By using the Site, you represent and warrant that you are 18 or older and have the legal capacity to enter binding contracts in your jurisdiction.
If you are between 13 and 17 years of age, you may only use the Site under the supervision and with the consent of a parent or legal guardian. Users under 13 are strictly prohibited from using this Site or providing any personal information.
Our services are available only to persons who can lawfully enter into contracts under applicable law. By using our services, you represent that you are not prohibited from doing so under any applicable law or regulation.
IMPORTANT — READ CAREFULLY BEFORE OPTING IN TO SMS.
By providing your phone number and checking the SMS consent checkbox on any of our forms, advertisements, or landing pages, you expressly consent and agree to the following terms.
Merkaba Web Portals operates an SMS messaging program to communicate with prospects and clients regarding our web design and digital marketing services. Messages may include:
We obtain your express written consent before sending any marketing or promotional text messages, consistent with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and implementing regulations at 47 C.F.R. § 64.1200. Consent is obtained through an affirmative opt-in action (such as checking an unchecked checkbox) that includes the following disclosures:
You may revoke your consent and opt out of SMS communications at any time by replying STOP to any text message you receive from us. Upon receipt of your STOP command, we will send you a single confirmation message and you will receive no further messages. Your opt-out will be processed within 24 hours.
You may also opt out by contacting us at admin@designmywebsitenow.com with "SMS Opt-Out" in the subject line and your phone number in the body.
Reply HELP to any message for assistance. You will receive a response with contact information and instructions. You can also contact us directly at admin@designmywebsitenow.com.
Standard message and data rates may apply to all SMS messages sent to and from our program. Contact your wireless carrier for details about your plan.
Message frequency varies. Promotional messages are sent no more than 4 times per month. Transactional and project-related messages may be sent more frequently based on active project activity.
Participating carriers include but are not limited to: AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, U.S. Cellular, and MetroPCS. Carriers are not liable for delayed or undelivered messages. Wireless carrier support for SMS programs is not guaranteed by all carriers.
Consent to receive SMS messages is never a condition of purchasing any goods or services from Merkaba Web Portals. You may engage our services without providing a phone number or consenting to SMS.
Our SMS program complies with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and applicable carrier guidelines. We maintain records of all opt-in consents, including the date, time, form source, IP address, and exact consent language presented. These records are retained for a minimum of 4 years.
Our SMS campaigns are registered with The Campaign Registry (TCR) under applicable 10-digit long code (10DLC) or toll-free messaging regulations. All campaigns include an approved use case and comply with carrier content filtering policies. Prohibited content (spam, phishing, illegal substances, SHAFT content prohibited by CTIA) is never transmitted through our program.
We run advertising campaigns on Meta platforms (Facebook and Instagram) that may direct you to landing pages on our Site. By clicking on a Meta advertisement, you agree to Meta's own Terms of Service and Data Policy in addition to these Terms.
When you submit a lead form — whether embedded in a Meta ad or on our Site — you are providing information to Merkaba Web Portals and expressly consenting to:
When you submit a contact or inquiry form — online or via a Meta Lead Ad — you may be contacted by Merkaba Web Portals via:
Email follow-ups comply with the CAN-SPAM Act. Every marketing email includes: (a) accurate "From" identification, (b) a clear subject line, (c) our physical address, and (d) a clear and conspicuous opt-out mechanism. Opt-out requests are honored within 10 business days.
Any advertising performance metrics, case studies, or results described on our Site or in our advertisements represent past results and are not a guarantee of future performance. Web design and marketing outcomes depend on numerous factors outside our control, including your market, competition, product-market fit, and advertising spend.
Our advertising funnels may direct users to custom landing pages. These pages are part of the Site and are governed by these Terms and our Privacy Policy. Information submitted on landing pages is processed as described in Section 4 (SMS Terms) and our Privacy Policy Section 5 (SMS Communications).
All services are invoiced and paid pursuant to the written agreement (Contract or Proposal) executed between you and Merkaba Web Portals. Standard payment terms are:
We accept payment via:
All card payments are processed by Stripe, Inc., a third-party PCI DSS-compliant payment processor. We do not store your payment card data. By making a payment, you agree to Stripe's Terms of Service.
The deposit paid at signing is non-refundable once project work has commenced. "Project work has commenced" means any design, development, research, or communication work has been performed by Merkaba Web Portals following deposit receipt.
If Merkaba Web Portals is unable to begin or complete the project for reasons within our control, your deposit will be refunded in full.
Balance payments for completed deliverables are non-refundable. Disputes regarding deliverable quality must be raised in writing within 7 days of delivery.
All refunds, if applicable, are issued via the original payment method within 10 business days.
Accounts overdue by more than 14 days may be subject to a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend or withhold delivery of completed work pending receipt of outstanding payments.
All content on the Site — including but not limited to text, graphics, logos, design elements, code, animations, and the overall look and feel — is owned by or licensed to Merkaba Web Portals and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works of our proprietary content without our express written permission.
Upon receipt of full payment, Merkaba Web Portals assigns to the Client all rights, title, and interest in the custom website design and content created specifically for that Client under the executed project agreement, excluding:
Until full payment is received, all deliverables remain the property of Merkaba Web Portals.
Unless you request otherwise in writing prior to project completion, Merkaba Web Portals retains the right to display completed work in our portfolio, on our Site, on social media, and in marketing materials. We will not display any confidential information or content you designate as confidential.
Our websites may incorporate open-source libraries, Google Fonts, Unsplash images, or other third-party components. Each such component is used in accordance with its license. Client assumes responsibility for maintaining any required licensing for third-party components used in their delivered site.
You represent and warrant that:
You grant Merkaba Web Portals a limited, non-exclusive license to use your content solely to perform the project services described in your agreement. We will not use your content for any other purpose without your permission.
You are solely responsible for the content published on your website following delivery. Merkaba Web Portals is not responsible for any claims, damages, or losses arising from content you publish.
You agree not to use the Site or our services to:
We reserve the right to terminate your access to our services immediately, without notice, for violation of these prohibited use terms.
Our Site and services integrate with or link to third-party platforms and services, including but not limited to:
Your use of these third-party services is subject to their own terms of service and privacy policies. We are not responsible for the practices, content, availability, or security of third-party services. Links to third-party websites on our Site do not constitute an endorsement of those sites.
Specifically, we do not warrant that:
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply only to the extent permitted by law.
Our total cumulative liability to you for any claims arising under or related to these Terms or our services shall not exceed the greater of: (a) the total fees paid by you to Merkaba Web Portals in the 12 months preceding the claim, or (b) one hundred dollars ($100).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitation applies to the extent permitted by law.
You agree to indemnify, defend, and hold harmless Merkaba Web Portals and its owners, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.
Before initiating any formal dispute process, you agree to first contact us at admin@designmywebsitenow.com and provide a written description of the dispute and your desired resolution. We will attempt to resolve the dispute informally within 30 days.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our services — including any question regarding existence, validity, or termination — shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English.
YOU AND MERKABA WEB PORTALS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations. Small claims court actions are also exempted from mandatory arbitration.
Notwithstanding the foregoing, you retain the right to pursue individual TCPA claims in small claims court or before the Federal Communications Commission (FCC). The class action waiver applies to TCPA claims pursued outside of small claims court.
These Terms shall be governed by and construed in accordance with the laws of the United States of America and the state in which Merkaba Web Portals is principally located, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the federal and state courts located in that state.
For users located outside the United States: these Terms do not override any mandatory consumer protection laws that apply in your jurisdiction that cannot be waived by contract. Nothing in these Terms excludes rights you may have under applicable local law.
We reserve the right to terminate or suspend your access to the Site or our services, with or without notice and without liability, for any reason, including violation of these Terms, non-payment, or conduct that we determine is harmful to us, other users, or third parties.
If you terminate a project agreement, the terms of that agreement govern the consequences of termination, including any amounts owed for work completed to date.
Upon termination, all licenses granted to you under these Terms immediately terminate. Sections that by their nature should survive termination (including Sections 7, 11, 12, 13, 14, and 15) shall survive.
We may update these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Site or our services after the effective date of any updated Terms constitutes your acceptance of the updated Terms.
We encourage you to review these Terms periodically. If you do not agree to the updated Terms, you must discontinue use of the Site and services. Prior versions of these Terms are available upon request.
Changes to SMS program terms will be communicated via text message and posted here. Continued use of the SMS program after notice constitutes acceptance of updated SMS terms.
If you have questions about these Terms, want to exercise any rights described herein, or need to submit a formal dispute or legal notice:
Merkaba Web Portals
Website: designmywebsitenow.com
Email: admin@designmywebsitenow.com
For SMS opt-out, reply STOP to any text. For SMS help, reply HELP.
For legal notices, use "Legal Notice" as your email subject line.
For TCPA / SMS inquiries specifically, use "TCPA Inquiry" as your email subject line.
These Terms were last reviewed and updated on June 11, 2026. If you are reading this after that date, please verify that this remains the current version at designmywebsitenow.com/terms-and-conditions.