The agreement
By using this site, creating an account, or engaging us for a project, you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorized to bind that company. If you do not agree, please do not use the site.
Worthy is operated by Esposito Enterprises LLC d/b/a Worthy, based in New York, United States. In these terms, "we" and "us" mean that company, and "you" means the person or company using the site or engaging us.
We offer our services to clients in the United States. We do not target or market them elsewhere, and the site is not intended for use outside the United States. You are welcome to contact us from anywhere, but if you do, you are responsible for whether using our services is permitted where you are. Nothing in these terms takes away any right your local consumer law gives you that cannot be signed away.
Your account
You must give accurate information when you register, and keep it current. You are responsible for what happens under your account, so keep your password to yourself and tell us promptly at [email protected] if you think someone else has access. Every sign-in also requires a code we email you, so keep access to that inbox secure.
You must be at least 18, or old enough to enter a binding contract where you live. We may suspend or close an account that breaches these terms, is used to abuse the service, or is used unlawfully.
Acceptable use
When using this site, you agree not to:
- Break the law, or use the site to help someone else break it.
- Upload malware, or attach files intended to damage or compromise a system.
- Attempt to gain access to accounts, servers, or data that are not yours.
- Probe, scan, or stress-test our infrastructure without our written permission.
- Scrape or bulk-harvest content from the site by automated means.
- Post content that is unlawful, harassing, defamatory, or infringes someone else's rights.
- Impersonate anyone, or misrepresent who you are or who you work for.
Quotes and projects
Prices shown on this site are starting points, not offers. Package pricing indicates where a tier begins; the price for your build depends on scope, and custom work is quoted individually. Nothing on this site is a binding quote.
A project begins when we send you a written quote covering scope, price, and timeline and you accept it. That quote, together with these terms, is the agreement for the work. Where the quote and these terms conflict, the quote wins for that project.
Work outside the agreed scope is a change, not an oversight. We will quote it separately before starting it, so nothing is billed as a surprise.
Timelines assume you get us what we need — content, access, approvals, and feedback — reasonably promptly. Delays on that side move the delivery date, and we will tell you when that happens rather than let a date quietly slip.
Payment
Your quote sets out the full price of the project. Unless your quote says otherwise, the project is paid in full before development begins, and we start work once payment has cleared.
Quoted prices exclude taxes, which are added where applicable, and exclude third-party costs such as domain registration, hosting, paid plugins, stock photography, and fonts. We will tell you about those before committing you to them.
Where we have agreed to bill something after delivery, such as hosting, setup, or later changes, and that invoice is significantly overdue, we may pause that ongoing work after telling you first. We will not delete or withhold your existing site as leverage.
Delivery and approval
We share progress as we build — previews, screenshots, and updates in your ticket — so you can see the work taking shape and raise anything before it is finished. That ticket history is the record of what we sent you and when.
When the site is ready we tell you it is complete and ask you to confirm it. Approving it, launching it, or using it live counts as acceptance of the delivered work. If you do not raise anything within 14 days of us telling you the site is complete, the work is treated as accepted.
Delivery means the finished site and its source code have been handed over to you, or the site has been deployed for you. Hosting, domains, and any later changes are separate from delivery and are agreed on their own terms.
Refunds
Your payment reserves a block of our time and takes it off the market for other clients, and that cost is real whether or not the project then goes ahead.
All payments are final and non-refundable. Because the project is paid in full before development begins, your payment is not returned if you later cancel, change your mind, stop responding, or decide not to launch the site. If you cancel part-way through, we will hand over the work completed up to that point, but no part of what you have paid is refunded.
Because a website is a bespoke service rather than a stock item, we do not offer refunds, exchanges, or credit under any circumstances — including a change of mind, a project you decide not to launch, or a result you hoped for that we did not promise in writing. If you believe our work is defective, tell us: the promise in “What we promise, and what we don’t” is to put it right, and repairing the work is the only remedy we offer. We do not give money back in its place.
Pre-made sites are sold as finished builds. Once we have transferred the files or deployed the site to you, that sale is final.
Who owns what
Once you have paid in full for a project, you own the source code we wrote for it, and the delivered design. That transfer takes effect on final payment.
You keep ownership of everything you give us — your logo, copy, images, and data. You confirm you have the right to give it to us, and you allow us to use it for the purpose of building and running your project.
We keep ownership of our own general-purpose tools, libraries, and internal components that predate your project or are reused across clients. Your project includes a license to use those as part of the delivered work, for as long as you use it. Third-party open-source components stay under their own licenses.
Unless you ask us not to, we may show the finished work in our portfolio and name you as a client. Tell us in writing and we will leave it out.
Content you upload
You are responsible for what you upload to tickets and to your account, and you must have the right to upload it. Please do not send us passwords, payment card numbers, or government identification through a ticket — it is not the right channel for those.
We may remove content that breaches these terms or the law. We are not obliged to monitor what you upload, and we do not claim ownership of it.
What you are responsible for
You are responsible for the material you give us. By supplying text, images, logos, fonts, video, or data, you confirm you have the right to use it and to let us publish it on your behalf.
You are responsible for what your site says and for whether it meets the rules that apply to your business — licensing, advertising standards, accessibility obligations, industry regulation, and any consumer or privacy law that governs how you handle your own customers. We build what you ask for; we are not your compliance adviser, and nothing on this site is legal advice.
If a third party brings a claim against us because of material you supplied, or because of how you have used what we built, you agree to cover the costs and damages we reasonably incur in dealing with it.
Where a project depends on your input — content, feedback, approvals, access to accounts — timelines assume you provide it promptly. Delays on your side move the schedule, and do not entitle you to a refund.
Third-party services
Projects usually rely on services we do not control — hosting, domain registrars, payment processors, email delivery, and any API your site integrates with. Those services have their own terms, their own prices, and their own outages. We will choose sensible providers and set them up properly, but we are not responsible for their failures or for changes they make to their pricing or terms.
What we promise, and what we don't
We will carry out our work with reasonable skill and care, to a professional standard. If something we built breaks because of a defect in our work, tell us and we will fix it.
Beyond that, the site and the service are provided as they are. We do not promise the site will be uninterrupted or error-free, that it will meet every expectation you have not told us about, or that a website will produce any particular business result — traffic, rankings, or revenue.
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.
Limits on liability
Subject to the paragraph above, our total liability arising out of or relating to a project is limited to the total amount you paid us for that project in the 12 months before the claim arose.
Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data, or goodwill, even if that loss was foreseeable.
You are responsible for keeping your own backups of content and data you provide, unless your quote includes a backup service.
Any claim arising out of a project must be brought within twelve months of the date the work was delivered. After that, the claim is time-barred as between us, to the extent the law allows.
These limits apply however a claim is framed — in contract, in negligence, or otherwise — and they survive the end of our agreement. They are a deliberate allocation of risk that is reflected in what we charge.
Force Majeure
1. Excused Performance
Neither Party shall be held liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Events”):
- Acts of God or nature (including fire, flood, earthquake, storm, or other natural disasters);
- War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
- Government order, law, or actions, including local, state, or federal mandates, closures, or declarations of emergency;
- National or regional emergency, strikes, labor disputes, or carrier delays;
- Widespread internet outages, telecommunications failures, major cyberattacks (including ransomware or distributed denial-of-service attacks), infrastructure breakdowns, or prolonged utility power failures; and
- Epidemics, pandemics, or public health crises (including, but not limited to, COVID-19 or subsequent variants).
2. Obligations of the Impacted Party
The Impacted Party shall give notice within five (5) business days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
3. Termination Right
In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section, either Party may thereafter terminate this Agreement upon five (5) business days’ written notice. In the event of such termination, Client shall pay Web Design Company for all Services rendered and milestones completed up to the effective date of the Force Majeure Event.
Ending the agreement
You can close your account at any time from your account settings. You can end a project in progress by telling us in writing; we will hand over the work completed up to that point, and the payment you have already made is not refunded.
We may end a project by telling you in writing if you breach these terms and do not fix the breach within 14 days of us asking. The sections on ownership, payment owed, liability, and governing law survive the agreement ending.
Governing law
These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. The state and federal courts located in New York have exclusive jurisdiction over any dispute, and we each submit to those courts. If you are a consumer in a country whose law gives you the right to bring a claim in your local courts, or to the protection of your own country's law, this paragraph does not take that right away.
Before starting formal proceedings, we both agree to try to resolve the dispute by talking to each other first — email [email protected] and we will engage properly.
General
If any part of these terms turns out to be unenforceable, the rest stays in force. If we do not enforce something straight away, we have not given up the right to enforce it later. You may not transfer your rights under these terms without our written consent; we may transfer ours if the business is sold, provided your rights are not reduced.
These terms, plus any quote we have both agreed, are the whole agreement between us and replace any earlier discussions.
We may update these terms. If a change materially affects your rights, we will tell account holders directly and update the date at the top of this page. Continuing to use the site after a change means you accept the updated terms.
Contact
Questions about these terms go to [email protected]. A real person answers.