Terms of Service

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MANAGED WEBSITE SERVICES AGREEMENT
Version dated September 1, 2026

This Managed Website Services Agreement (the “Agreement”) is entered into between Workbook Creative Inc. doing business as SiteDesignWorks (“SDW”) and the individual or entity identified in the applicable order, proposal, service plan, or order confirmation (“Client”). Client may be an individual artist, illustrator, photographer, designer, performer, writer, maker, freelancer, sole proprietor, studio, nonprofit, partnership, company, or other organization. By signing, checking an acceptance box, submitting an order, paying an invoice that references this Agreement, or using the Services after receiving this Agreement, Client agrees to be bound by it. If Client is an entity, the person accepting this Agreement represents that the person has authority to bind Client. The Services are generally offered for portfolio, promotional, professional, artistic, freelance, nonprofit, or commercial use. If Client acquires the Services primarily for personal, family, or household purposes, Client retains all nonwaivable consumer rights, and this Agreement applies only to the extent permitted by applicable law.

AUTOMATIC RENEWAL NOTICE: Unless an Order states otherwise, recurring Services renew automatically each month until canceled. Client authorizes SDW to charge the payment method on file for each renewal. Cancellation must be received before the next billing date to avoid the next recurring charge.

1. Definitions
“Client” includes an individual creative professional as well as a sole proprietorship, studio, nonprofit, partnership, company, or other organization identified in an Order.
“Client Content” means text, images, logos, video, audio, trademarks, product information, data, and other materials supplied, uploaded, selected, or directed by Client.
“Order” means an order form, proposal, service plan, invoice, checkout page, or written order confirmation accepted by Client and SDW that identifies the Services, fees, and any plan-specific terms.
“Platform” means the hosted content-management system, website builder, hosting infrastructure, software, templates, networks, and related technologies used to provide the Services, whether operated by SDW or by one or more third parties.
“Provider Materials” means the Platform and all software, templates, themes, components, layouts, configurations, code, processes, documentation, tools, know-how, and other materials owned by or licensed to SDW or its providers, excluding Client Content.
“Services” means the managed hosted website, website setup or customization, CMS access, hosting, support, and any related services expressly identified in an Order.

2. Agreement Structure and Scope
This Agreement governs every Order. The Order defines the purchased plan, fees, billing schedule, included features, storage or usage limits, and any project-specific deliverables. Services not expressly included in an Order are excluded and may require a separate quote or additional charge.

If an Order conflicts with this Agreement, the Order controls only as to the specific conflicting business term. This Agreement otherwise controls. Marketing statements, demonstrations, samples, and oral discussions do not expand the Services unless incorporated into an accepted Order.

3. Managed Website Service
Depending on the Order, SDW may provide website creation or customization, access to a hosted CMS or website editor, hosting, SSL, routine Platform maintenance, and technical support. The Services are access to and operation of a managed hosted website; they are not merely a lease of server space.

Plan features may be subject to technical, storage, bandwidth, user, page, product, or other limits stated in the Order or imposed by the Platform. Client does not receive server, database, FTP, source-code, or administrative Platform access unless the Order expressly states otherwise.

4. Website Setup, Development, and Launch
If website setup or development is included, Client shall timely provide accurate content, instructions, approvals, credentials, and other materials reasonably needed for the work. Delays by Client may delay completion or launch and do not postpone charges unless the Order expressly states otherwise.

The Order defines the included pages, features, revision rounds, and deliverables. Requests outside that scope are additional work. Client is responsible for reviewing all content, prices, links, contact details, legal notices, and functionality before authorizing launch. Client’s launch approval, publication of the website, or commercial use of the website constitutes acceptance of the delivered setup, subject to correction of any material failure to match the written Order that Client reports promptly.
Unless the Order states otherwise, setup, design, migration, content-entry, and similar one-time fees become nonrefundable after SDW begins work because time and resources are reserved and performed for Client.

5. Third-Party Platform and Providers
SDW may use third-party providers for the CMS, website builder, hosting, CDN, SSL, forms, analytics, image processing, email delivery, payment connections, maps, scheduling, social feeds, APIs, and other functionality. SDW is not required to identify or disclose its white-label or upstream providers except where required by law.

Third-party services are governed by their own technical limits, acceptable-use rules, privacy practices, availability, and terms. Their features, interfaces, pricing, requirements, and availability may change or end without SDW’s control. Client authorizes SDW to configure and use those providers as reasonably necessary to deliver the Services.

6. Platform Changes, Migration, and Discontinuance
SDW may modify hosting infrastructure, replace or change Platform providers, substitute substantially similar services, migrate websites, or alter technical configurations when reasonably necessary for security, reliability, legal compliance, provider requirements, or continued commercial operation. SDW will use commercially reasonable efforts to avoid unnecessary material disruption.

If a provider discontinues a material service, materially changes its terms or pricing, prohibits white labeling, or makes continued service commercially impractical, SDW may migrate the website, modify affected features, offer a substitute plan, or discontinue the affected Service. If SDW discontinues a recurring Service without cause and cannot offer a reasonably comparable substitute, Client may cancel that Service and receive a prorated refund of prepaid recurring fees for the unused period.

7. Client Content and Ownership
As between Client and SDW, Client retains its rights in original Client Content. Client grants SDW and its service providers a nonexclusive, worldwide, royalty-free license during the Service term to host, copy, reproduce, resize, adapt, process, transmit, back up, and display Client Content as reasonably necessary to provide, maintain, secure, and support the Services.

Client represents and warrants that it owns Client Content or has all permissions needed for SDW to use it as contemplated by this Agreement. Client remains responsible for the accuracy, legality, quality, and appropriateness of Client Content and for retaining original copies of it.

8. Provider Materials and License
SDW and its licensors retain all rights in Provider Materials. Subject to Client’s payment and compliance with this Agreement, SDW grants Client a limited, nonexclusive, nontransferable, revocable right to use the Provider Materials only through the Services and only for Client’s own website during the active Service term.

Client may not copy, resell, sublicense, reverse engineer, extract, distribute, create derivative products from, or use Provider Materials outside the Services. No ownership of the Platform, templates, software, source code, configuration, or SDW tools transfers to Client. Ownership of any separately purchased custom creative deliverable transfers only if the applicable Order expressly states that it transfers and Client has paid all related fees.

9. Website Portability and Export
Client understands that the website is created and operated through a hosted proprietary or third-party Platform. The complete website may not be downloadable, exportable, transferable, or capable of operation on another host or provider. Platform templates, code, configurations, databases, and proprietary components are not deliverables and need not be provided at cancellation or termination.

Before the Service ends, Client may request a commercially reasonable copy of available Client Content in a format supported by the Platform. SDW does not guarantee that all content, design, formatting, product data, form data, or functionality can be exported. Substantial extraction, conversion, migration, or transfer assistance may be charged at SDW’s then-current rate.

10. CMS Access and Client Modifications
If included in the Order, SDW will provide CMS access subject to plan limits and Platform capabilities. Client is responsible for activity performed through its accounts and for changes made by Client or its authorized users, including deleted content, broken layouts, incorrect settings, links, files, products, or prices.

SDW may charge for investigation, repair, restoration, or retraining made necessary by Client changes, misuse, or failure to follow instructions. SDW may restrict or temporarily disable editing access if reasonably necessary to protect the website, Platform, Client, SDW, or third parties.

11. Client Responsibilities
Client shall provide timely cooperation; review and approve work; maintain accurate contact and billing information; keep copies of original content; comply with laws and provider rules; test important website functions; monitor customer communications; and promptly report suspected errors or unauthorized access.

Client is solely responsible for Client’s creative or professional practice, advertising claims, products, services, commissions, prices, fulfillment, customer or collector relationships, and decisions made based on the website. SDW is not Client’s attorney, accountant, tax adviser, payment processor, accessibility consultant, or regulatory compliance provider unless a separate written agreement expressly states otherwise.

12. Additional Work and Authorizations
Routine Platform maintenance is not the same as Client-requested website changes. Content entry, image editing, layout changes, new pages, redesign, integrations, troubleshooting of Client changes, training, migration, and other work outside the Order may be billed separately.

Client may authorize additional work by email, signed change order, or another communication that reasonably identifies the request and approval. Unless a fixed price is agreed, additional work is billed at SDW’s then-current rates.

13. Fees, Billing, and Taxes
Client shall pay the setup fees, recurring fees, usage charges, and other amounts stated in the Order. All amounts are in U.S. dollars. Client authorizes SDW and its payment processor to charge the payment method on file according to the Order, including recurring renewal charges, approved additional work, applicable taxes, and disclosed reactivation or late fees.

Client shall keep a valid payment method on file and promptly update expired or changed information. Except where required by law or expressly stated in the Order, fees are nonrefundable. Client is responsible for sales, use, excise, and similar taxes arising from the Services, excluding taxes based on SDW’s net income.

14. Automatic Renewal and Cancellation
Unless the Order states a different term, recurring Services begin on the billing date stated in the Order and automatically renew month-to-month until canceled. Client expressly authorizes each recurring charge. The first period may be prorated if stated in the Order; later billing periods are not prorated.

Client may cancel by emailing info@sitedesignworks.com. The request must identify Client and the website or account being canceled. Cancellation is effective at the end of the current paid billing period unless SDW confirms an earlier date. To avoid the next recurring charge, SDW must receive the request before the next billing date. Already charged recurring fees are not prorated or refunded except where required by law.

Stopping use of the website, transferring a domain, removing a payment method, or disputing a charge does not itself cancel the Service. SDW will provide renewal notices, reminders, and cancellation methods to the extent required by applicable law.

15. Price and Plan Changes
SDW may change recurring fees or plan terms by giving at least 30 days’ notice to the email address on file. Unless Client cancels before the effective date, the change applies beginning with the first renewal on or after that date. SDW may pass through new or increased taxes, government charges, or usage-based third-party fees as permitted by law and disclosed to Client.

Changes required to address law, security, abuse, provider requirements, or urgent technical risks may take effect sooner when reasonably necessary.

16. Failed Payment, Suspension, and Reactivation
If a payment is declined, reversed, disputed, overdue, or otherwise not received, SDW may retry the charge, suspend the website or CMS access, stop work, and withhold support or deliverables until all amounts are paid. Client remains responsible for charges incurred before suspension and for recurring charges that accrue until the Service is properly canceled or terminated.

Reactivation is not guaranteed and may depend on website availability, Platform retention, payment of all outstanding amounts, and payment of a reactivation fee at SDW’s then-current rate. Repeated failures, chargebacks, or violations may result in permanent termination.

17. Termination by SDW
SDW may suspend or terminate Services immediately for nonpayment, chargeback, fraud, illegal activity, security risk, abuse, material breach, excessive resource use, violation of provider rules, or conduct reasonably likely to harm SDW, the Platform, or others. When the breach can reasonably be cured, SDW may provide an opportunity to cure but is not required to do so where prompt action is needed.

SDW may discontinue a Service or terminate this Agreement without cause on at least 30 days’ notice. If SDW ends a prepaid recurring Service without cause before the paid period ends, SDW will refund the unused portion of that recurring fee. Setup fees, completed work, third-party charges, and amounts otherwise earned are not refunded.

18. Effect of Cancellation or Termination
At the effective end of Service, Client’s license and access rights end, and SDW may disable the website, CMS, forms, integrations, and related Services. The domain may continue to resolve to a disabled or unavailable website until Client changes DNS.

Client must request and retrieve any available Client Content before the effective termination date. SDW may, but is not required to, retain available Client Content for a limited period following termination, subject to Platform availability. Client should not rely on such retention and remains responsible for requesting and retrieving Client Content before termination. SDW and its providers may permanently delete the website, account, backups, form submissions, and stored data at any time after termination, subject to applicable law. SDW has no duty to maintain an inactive website or provide an export after termination.

Termination does not relieve Client of payment obligations incurred before termination. Provisions that by their nature should survive, including ownership, payment, disclaimers, liability limits, indemnification, and dispute terms, survive.

19. Backups and Data Retention
Any backups maintained by SDW or a Platform provider are for operational continuity or disaster recovery and are not a customer archival service. Backup frequency, retention, and restoration capability may vary, and no particular backup or restoration is guaranteed.

Client shall retain original copies of Client Content and other important creative, professional, and transaction records. SDW may charge for attempted restoration. SDW is not responsible for loss of data that Client could reasonably have retained independently, subject to the limitations and nonwaivable obligations stated in this Agreement.

20. Domain Names and DNS
Unless an Order expressly states otherwise, Client is responsible for registering, owning, renewing, and maintaining its domain name and accurate registrant contact information. Nonrenewal, registrar holds, DNS errors, nameserver changes, transfer locks, account compromise, and third-party registrar actions may interrupt the website and are outside SDW’s control.

If SDW assists with DNS or domain settings, Client authorizes those changes and shall provide accurate access. Client should keep the domain registered in Client’s name and maintain independent access to the registrar account. Domain registration fees and transfers are separate unless included in the Order.

21. Browser, Device, and Display Compatibility
SDW will use commercially reasonable efforts to support current major browsers and common screen sizes at the time of launch. Rendering, typography, spacing, animation, and functionality may vary among browsers, operating systems, devices, display settings, accessibility tools, extensions, and future software versions.

Pixel-perfect consistency, compatibility with obsolete or uncommon software, and forward compatibility with future technology are not guaranteed. Compatibility work outside the agreed scope may be charged separately.

22. Availability, Maintenance, and Support
Services may be unavailable because of scheduled maintenance, emergency maintenance, Platform or hosting outages, CDN or DNS failures, Internet conditions, cyberattacks, provider changes, Client actions, or other causes. No specific uptime service-level agreement applies unless an Order expressly provides one.

SDW will use commercially reasonable efforts to address issues within its control during its normal support process. References to managed service or monitoring do not promise uninterrupted active human monitoring, immediate response, or continuous availability. Support scope, channels, and hours may be limited by the Order.

23. Third-Party Integrations
Integrations and embedded services may stop functioning, change appearance, require new credentials or fees, or become incompatible when a provider changes its service, API, policy, or security requirements. SDW does not guarantee that a third-party integration will remain available or unchanged.

Client is responsible for third-party accounts, subscriptions, licenses, credentials, and compliance with their terms unless the Order states otherwise. Work needed to repair, replace, or reconfigure an integration because of third-party changes may be billed separately.

24. Forms, Email, and Message Delivery
Website forms and email notifications are convenience features. SDW does not guarantee that any submission, notification, or email will be delivered, received, retained, correctly routed, or free from spam filtering. Delivery may be affected by recipient servers, DNS, SMTP, authentication standards, spam filters, security policies, full mailboxes, Client settings, user error, and third-party providers.

Client shall regularly test important forms, monitor the designated receiving mailbox and any available form-submission area, maintain current recipient addresses, and use an alternative contact method for time-sensitive or high-value communications. Unless expressly included in an Order, SDW does not provide or support Client’s professional email service.

25. E-Commerce
Client is solely responsible for products and services offered; descriptions and claims; pricing; inventory; taxes; shipping; refunds; licenses; age restrictions; sanctions; consumer disclosures; payment-processor and merchant accounts; fraud screening; customer service; disputes; and compliance with laws applicable to Client’s commerce.

Client shall regularly test checkout, payment, tax, shipping, confirmation, and fulfillment workflows. SDW is not a bank, merchant processor, tax provider, or seller of Client’s goods or services and does not control approval, settlement, holds, chargebacks, or outages of payment services. E-commerce and payment failures are subject to the disclaimer and liability provisions below.

26. Privacy, Cookies, and Legal Compliance
Client is responsible for determining and satisfying legal requirements applicable to the website and Client’s artistic, professional, nonprofit, or commercial activities, including privacy notices, terms of use, cookie disclosures or consent, marketing consent, industry notices, data-subject rights, record retention, and communications rules. Client is also responsible for honoring the promises made in Client’s policies.

SDW may provide sample language or technical tools as a convenience, but does not provide legal advice or warrant that any template, banner, setting, or website complies with every law applicable to Client. If Client requires a data-processing agreement or special privacy controls, they must be agreed in writing before Client submits covered data.

27. Accessibility
Unless expressly included in an Order, accessibility auditing, remediation, monitoring, legal analysis, certification, and conformance to any particular standard are not included. Client is responsible for determining accessibility obligations applicable to the website or Client’s activities and for supplying accessible content, captions, transcripts, alternative text, and instructions where needed.

No website can be guaranteed to remain compliant across all content, technologies, user agents, assistive technologies, and changing legal standards. Accessibility work requested by Client may require a separate scope and fee.

28. Security and Credentials
SDW and its providers may use reasonable administrative and technical safeguards, but no website, account, network, or transmission method is completely secure. SDW does not warrant that the Services are hack-proof, vulnerability-free, or immune from malware, unauthorized access, data loss, or attack.

Client shall protect passwords and access links, use unique strong credentials and multifactor authentication where available, limit authorized users, remove former users, secure its own devices and email accounts, and promptly report suspected compromise. Client is responsible for activity through its credentials unless caused by SDW’s breach of a nonwaivable legal duty.

Client shall not use the Services to collect or store payment-card data, Social Security numbers, protected health information, financial account credentials, or other highly regulated or sensitive data unless the Order expressly permits that use and the parties agree to required safeguards. Client should use compliant third-party payment or data services rather than transmitting sensitive data through ordinary forms.

29. Acceptable Use
Client shall not use the Services for unlawful, fraudulent, deceptive, abusive, or infringing activity; malware, phishing, credential theft, unsolicited bulk messaging, malicious code, attacks, or security testing without authorization; content or conduct that violates applicable law or third-party rights; or use that unreasonably burdens or threatens the Platform or others.

Client shall comply with Platform and provider acceptable-use policies. SDW may refuse, remove, restrict, or disable content or Services when reasonably necessary to investigate or prevent harm, respond to a legal or provider request, protect security, or enforce this Agreement. SDW is not obligated to pre-screen Client Content.

30. Intellectual Property Complaints
SDW may remove or disable allegedly infringing content and may request evidence of Client’s rights. Client shall promptly cooperate with infringement complaints concerning Client Content. Repeat or serious infringement may result in suspension or termination. Nothing in this section requires SDW to adjudicate ownership disputes.

31. Search Engines, Discovery Services, and Results
Unless expressly included in an Order, search-engine optimization, paid advertising, analytics analysis, conversion optimization, and ongoing content marketing are not included. Even when related work is included, SDW does not guarantee indexing, rankings, visibility, traffic, inquiries, sales, revenue, conversions, or treatment by search engines, AI systems, directories, social platforms, or other discovery services.

Search and discovery providers independently change their algorithms, policies, displays, and indexing decisions. Website launch, redesign, migration, domain changes, and third-party actions may affect visibility.

32. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PLATFORM, WEBSITE, INTEGRATIONS, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT FOR ANY EXPRESS WARRANTY IN AN ORDER, SDW DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SDW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, COMPATIBLE WITH EVERY SYSTEM, OR THAT DEFECTS OR THIRD-PARTY FAILURES WILL BE CORRECTED. NO ADVICE OR INFORMATION CREATES A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT OR AN ORDER.

33. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SDW AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, SALES, GOODWILL, BUSINESS OPPORTUNITY, USE, OR DATA; COST OF SUBSTITUTE SERVICES; OR CLAIMS ARISING FROM WEBSITE DOWNTIME, FORMS, EMAIL, E-COMMERCE, THIRD-PARTY SERVICES, SECURITY INCIDENTS, SEARCH VISIBILITY, OR CLIENT CONTENT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SDW’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AFFECTED SERVICE, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE RECURRING AND OTHER SERVICE FEES ACTUALLY PAID BY CLIENT FOR THE AFFECTED SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCLUDING ANY PASS-THROUGH THIRD-PARTY CHARGES, TAXES, AND FEES FOR CUSTOM PROJECT WORK UNRELATED TO THE CLAIM.

The limitations apply to the fullest extent permitted by law, and allocate risk reflected in the fees. They do not exclude liability for SDW’s fraud or willful misconduct or any liability that cannot lawfully be excluded or limited. If applicable law does not allow a particular exclusion or limitation, it applies only to the greatest extent permitted. To the extent permitted by law, any claim arising out of or relating to the Services must be brought within one year after the claim accrued.

34. Client Indemnification
To the extent permitted by law, Client shall defend, indemnify, and hold harmless SDW and its owners, employees, contractors, affiliates, licensors, and service providers from third-party claims, demands, proceedings, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from Client Content; Client’s artwork, products, services, commissions, professional or commercial activities, advertising, or instructions; Client’s breach of this Agreement; Client’s violation of law or third-party rights; or unauthorized use of the Services by Client or its users.

SDW will give reasonably prompt notice of a covered claim and reasonable cooperation at Client’s expense. Client may control the defense with qualified counsel, but may not settle a claim in a manner that admits fault by, imposes nonmonetary obligations on, or fails to fully release an indemnified party without SDW’s written consent.

35. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor disruption, utility failure, Internet or telecommunications failure, cloud or SaaS outage, hosting or CDN failure, DNS failure, cyberattack, DDoS attack, government action, embargo, or provider failure. This section does not excuse Client’s obligation to pay amounts already due.

36. Notices
Client notices to SDW and cancellation requests under this Agreement must be sent to info@sitedesignworks.com. Legal notices may also be sent to P.O. Box 1756, Burlingame CA 94011.

SDW may send notices to the email address associated with Client’s account, or by another electronic method Client has used with SDW. Client is responsible for keeping its contact information current. Notice by email is effective when sent unless the sender receives a delivery-failure notice; cancellation is effective only as stated in Section 14.

37. Changes to this Agreement
SDW may update this Agreement for future renewal periods by giving at least 30 days’ notice of a material change. Unless Client cancels before the effective date, continued use or renewal after that date constitutes acceptance. Changes required by law, security, provider requirements, or to address abuse may take effect sooner when reasonably necessary.

A change to an individual Order or project scope must be accepted through a written or electronic authorization by both parties.

38. Assignment
Client may not assign or transfer this Agreement, an Order, or access to the Services without SDW’s prior written consent. SDW may assign this Agreement or any Order in connection with a merger, reorganization, financing, sale of assets, sale of the business, or transfer to an affiliate or successor. Subject to these limits, the Agreement binds and benefits the parties and their permitted successors and assigns.

39. Independent Contractors and No Third-Party Beneficiaries
The parties are independent contractors. This Agreement does not create a partnership, joint venture, fiduciary, employment, franchise, or agency relationship. Neither party may bind the other except as expressly stated. There are no third-party beneficiaries except the SDW parties expressly protected by the warranty, liability, and indemnification provisions.

40. Electronic Acceptance and Records
Electronic signatures, checkbox acceptance, online orders, email approvals, payment of referenced invoices, and electronic records have the same effect as paper originals and handwritten signatures to the extent permitted by law. The parties may execute Orders in counterparts and electronic copies.

41. Entire Agreement and Order of Precedence
This Agreement and accepted Orders constitute the entire agreement concerning the Services and replace prior or contemporaneous proposals, discussions, representations, and agreements on that subject. Client is not relying on any promise not contained in them.

The order of precedence is: (1) a signed amendment expressly identifying the provision it changes; (2) the applicable Order for project-specific business terms; and (3) this Agreement. Purchase-order terms supplied by Client do not modify this Agreement unless SDW expressly accepts them in writing.

42. Severability, Waiver, and Cumulative Remedies
If a provision is held invalid or unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions remain effective. A waiver must be in writing and applies only to the specific instance stated. Failure or delay in enforcement is not a waiver. Rights and remedies are cumulative unless this Agreement expressly states otherwise.

43. Governing Law and Venue
California law governs this Agreement without regard to conflict-of-law rules. The state and federal courts located in San Mateo County, California have exclusive jurisdiction and venue over disputes arising from or relating to this Agreement, and each party consents to those courts. Nothing prevents either party from seeking appropriate temporary or injunctive relief in a court with jurisdiction.

44. Headings and Interpretation
Headings are for convenience only. “Including” means “including without limitation.” Singular and plural forms include each other as context requires. This Agreement will not be construed against either party as drafter. If Client accepts on behalf of an entity, references to Client include that entity and its authorized users.