Terms of Service of DP1 DESIGN LLC, New Orleans
This page contains the official terms of service of DP1 DESIGN LLC, a digital marketing agency founded in 2001 and located at 141 Allen Toussaint Blvd. #244, New Orleans, LA 70124. It covers scope of services, payment terms, intellectual property, results disclaimers, termination, and Louisiana governing law. Contact (504) 247-4345 or support@dp1design.com.
Acceptance of terms
By accessing dp1design.com or engaging DP1 DESIGN LLC (“DP1 DESIGN,” “we,” “us”) for services, you (“Client,” “you”) agree to these Terms of Service. If you engage us on behalf of a company, you represent that you have authority to bind that company. If a signed proposal, statement of work, or master services agreement between us conflicts with these terms, the signed document controls for that engagement.
Scope of services
DP1 DESIGN provides digital marketing services including website design and development, search engine optimization (SEO), AI search optimization (GEO/AEO/LLM SEO), and advertising management. The specific deliverables, timeline, and fees for each engagement are defined in a written proposal or statement of work (“SOW”) that both parties approve. Work outside an approved SOW - additional pages, extra revision rounds, new campaigns - is quoted separately before we begin it.
Client responsibilities
Good work requires cooperation. You agree to:
- Provide content, brand assets, credentials, and approvals we reasonably request, within the timelines in the SOW
- Designate a point of contact authorized to give feedback and approvals
- Ensure that materials you supply do not infringe any third party’s rights and comply with applicable law
- Maintain your own accounts (domain registrar, hosting, Google Business Profile, ad platforms) unless the SOW says otherwise
- Review deliverables promptly - deliverables are deemed accepted 10 business days after delivery if no written feedback is received
Delays in providing materials or approvals may extend timelines correspondingly.
Payment terms
Fees are set in each SOW. Unless the SOW states otherwise: project work is invoiced with a deposit before work begins and the balance on delivery; monthly retainers are invoiced in advance and due on receipt. Invoices unpaid 15 days past the due date accrue a late charge of 1.5% per month (or the maximum allowed by law, if lower), and we may pause work until the account is current.
Third-party costs are passed through, not marked up into our fees: advertising spend (Google, Meta, and other platforms), hosting, domains, premium plugins and licenses, stock assets, and third-party tools are billed to you directly or reimbursed at cost. Ad spend is always paid from your own platform accounts or funded in advance.
No guarantee of specific rankings or AI citations
We are good at what we do, and we are honest about what nobody controls. Search engines and AI models - Google, Bing, ChatGPT, Perplexity, Claude, Gemini, and others - are independent third parties. Their algorithms, indexes, and training processes change without notice and are outside our control. Accordingly:
- We do not guarantee any specific search ranking, traffic level, AI citation, AI answer placement, or revenue outcome
- Historical results and case studies describe past engagements and do not promise similar results for you
- We commit instead to the work itself: the deliverables, methodology, testing, and reporting defined in your SOW, executed with professional skill
Any provider who guarantees a #1 ranking or a ChatGPT citation is selling you something they cannot deliver.
Intellectual property
You own your final deliverables upon full payment. Once an engagement’s invoices are paid in full, all rights in the final approved deliverables - designs, site code created specifically for you, and written content - transfer to you. Until full payment, deliverables remain the property of DP1 DESIGN and are licensed for review only.
DP1 DESIGN retains ownership of its pre-existing tools, frameworks, templates, processes, and know-how, which are licensed to you as embedded in the deliverables. Third-party components (fonts, plugins, stock imagery) remain governed by their own licenses. We also retain the right to display completed work in our portfolio and case studies; if an engagement is confidential, tell us in writing and we will keep it off the shelf.
Confidentiality
Each party will keep the other’s non-public business information confidential - including strategy, analytics, pricing, credentials, and customer data - and use it only for the engagement. This obligation survives termination for three years, and indefinitely for trade secrets. It does not apply to information that is public through no fault of the receiving party or that must be disclosed by law (with notice where permitted).
Termination
Either party may terminate an ongoing engagement with 30 days’ written notice. On termination, you pay for all work performed and third-party costs incurred through the effective date, and we deliver work product completed and paid for as of that date. Either party may terminate immediately for a material breach that remains uncured 15 days after written notice. Sections on payment, IP, confidentiality, liability, and indemnification survive termination.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special, or punitive damages - including lost profits, lost revenue, or lost data - arising from these terms or the services. DP1 DESIGN’s total aggregate liability for any claim is limited to the fees you paid us in the six (6) months preceding the event giving rise to the claim. These limits do not apply to a party’s indemnification obligations, breach of confidentiality, or liability that cannot be limited by law.
Indemnification
You will defend and indemnify DP1 DESIGN against third-party claims arising from materials you supply, your products and services, or your violation of law. We will defend and indemnify you against third-party claims that deliverables we created (excluding your materials and third-party components) infringe a U.S. copyright or trademark, provided you notify us promptly and let us control the defense.
Governing law
These terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law rules. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Orleans Parish, Louisiana, and both parties consent to that venue. Before filing anything, both parties agree to attempt good-faith resolution - a phone call solves most things.
Changes to these terms
We may update these terms from time to time. The effective date above always reflects the current version, and updated terms apply to website use immediately and to engagements beginning after the update. Signed SOWs continue under the terms in effect when they were signed unless both parties agree otherwise.
Contact
- DP1 DESIGN LLC
- 141 Allen Toussaint Blvd. #244, New Orleans, LA 70124
- Phone: (504) 247-4345
- Email: support@dp1design.com
Terms of Service - frequently asked questions
Do I own my website and content when the project is done?
Yes. Once all invoices for an engagement are paid in full, ownership of the final approved deliverables - the designs, the site code we created specifically for you, and the written content - transfers to you. DP1 DESIGN retains only its pre-existing tools, frameworks, and templates, which are licensed to you as part of the deliverables, and third-party items like fonts and plugins stay under their own licenses.
Does DP1 DESIGN guarantee first-page rankings or AI citations?
No, and no honest agency can. Google, ChatGPT, Perplexity, Claude, and Gemini are independent third parties whose algorithms and models change without notice. What we guarantee is the work itself: the specific deliverables, methodology, monthly testing, and reporting defined in your statement of work, executed with professional skill. Our case studies show what that work has achieved, but past results do not promise identical outcomes.
How do payments and third-party costs work?
Project work is invoiced with a deposit up front and the balance on delivery; monthly retainers are invoiced in advance. Third-party costs such as ad spend, hosting, domains, and software licenses are passed through at cost - ad spend is paid from your own platform accounts or funded in advance, so you always see exactly what goes to the platforms versus what pays for our work.
How do I end an engagement with DP1 DESIGN?
Either party can end an ongoing engagement with 30 days written notice - an email to support@dp1design.com is fine. You pay for work performed and third-party costs incurred through the effective date, and we hand over all completed, paid-for work product. There are no long-term lock-ins and no cancellation penalties beyond paying for work actually done.
Questions before we get started?
Read something here you want clarified? Ask. We’d rather answer a hard question up front than surprise a client later.
(504) 247-4345 · support@dp1design.com · New Orleans, LA