Who we are
FLOCKFACTOR LLC is a limited liability company registered in Ohio, United States, trading as FlockFactor. In these terms, "we" and "us" mean FLOCKFACTOR LLC, and "you" means the person or business using this site or engaging us for work. Reach us at mike@flockfactor.com; our mailing address is available on request.
Using this site
We publish flockfactor.com to describe what we do and to show work we have done. We keep it accurate, but we do not promise that every page is complete or current, and nothing on it is an offer or a quotation by itself. Apart from the hosting plans shown on the home page, prices, timings and scope come from a proposal written for your project.
The words, images, layout and code of this site belong to us. Please do not copy them. Client names, logos and screenshots remain the property of those clients and are shown to identify work we carried out.
Enquiries
Writing to us does not create a contract and does not commit either of us to go ahead. We will treat what you send as confidential, as described below, and use it to answer you. What we hold and for how long is set out in our privacy page.
How projects work
Before work starts we send a proposal that sets out what we will build, what it costs, when it is due and what we need from you. Work begins when you accept that proposal in writing, and the proposal governs the project. If anything in it conflicts with this page, the proposal wins.
Changes are normal. If you ask for something outside the agreed scope, we will tell you what it adds in cost and time before we do it, and it becomes part of the project once you agree in writing.
What we need from you
Projects run on decisions and material, so we will need:
- one person who can approve work and answer questions;
- copy, images, logos and anything else you want used, and the right to use them;
- access to the accounts we need, such as your domain, hosting or app store;
- feedback and approvals within the timeframes in the proposal.
If those are delayed, dates move by at least the length of the delay, and we will tell you when that happens. You confirm that anything you give us is yours to use and does not infringe anyone else's rights.
Fees and payment
Fees, the payment schedule and any deposit are set out in the proposal for your project, and that document is the agreement between us on money. Invoices are payable by the date shown on them. We may pause work on overdue invoices after telling you first, and we may charge reasonable costs of recovery. Quoted amounts exclude any sales tax or duties, which are added where they apply.
Who owns the work
Once a project is paid for in full, the finished deliverables are yours, including the design and the code we wrote specifically for you. Until then, we keep ownership of everything we have produced, and any material we have handed over is licensed to you only for review.
We keep ownership of the tools, components, libraries and techniques we bring to the work and reuse across projects, along with drafts and concepts you did not select. None of that affects your ownership of the finished result.
Third party parts
Projects usually include things we do not own, such as fonts, plugins, hosting, domains and app store accounts. They stay under their own licences and terms, and those costs are normally billed to you or bought in your name. We will tell you what a project needs before we commit you to it. We are not responsible for a third party service changing its terms, its prices or its availability.
Showing the work
We may show work we have made for you in our portfolio, in presentations and on social media, including screenshots, a link and a short description, unless we agree otherwise in writing before the project ends. If some of the work should stay private, tell us and we will keep it out.
Confidentiality
Each of us will keep the other's non public business information private and use it only for the project. That does not apply to information that is already public, that we already knew, that we receive from someone else who is free to share it, or that we have to disclose by law.
We are happy to sign a nondisclosure agreement case by case. Send yours before we get into the detail, or ask us and we will send a short one.
Launch, faults and care
We test what we build and we stand behind it. If something we built does not work as agreed, tell us and we will fix it. Any period of free fixes after launch, and any ongoing care, hosting or support, is described in the proposal. Work that falls outside it, such as new features, changes you make yourself, or problems caused by a third party service, is quoted separately.
We cannot promise that any software is free of every fault or that a service will never go down, and we do not control search rankings, app store approvals or the results a site produces for your business.
What we do not promise
We warrant that we will carry out the work with reasonable skill and care, and that it will match what the proposal describes. Beyond that, everything we provide is supplied as is: we give no other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non infringement, to the fullest extent the law allows.
Limits of responsibility
Neither of us is responsible to the other for indirect or consequential losses, including lost profit, lost revenue, lost data or lost business opportunity. Our total responsibility for a project is limited to the fees you paid us for that project.
Nothing here limits responsibility that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.
Material you give us
You confirm that the copy, images, logos, data and anything else you give us is yours to use and does not break anyone else's rights or the law. If a claim is brought against us because of material you supplied or instructions you gave, you will cover our reasonable costs and any damages from it, provided we tell you promptly and let you take part in handling it.
Events outside our control
Neither of us is responsible for delay or failure caused by something genuinely outside our control, such as illness, natural events, war, strikes, or the failure of a third party service or platform we both rely on. If that happens we will tell you quickly and agree new dates. If it lasts more than 60 days, either of us may end the project as set out below.
Ending a project
Either of us may end a project in writing. If you end it, you pay for the work completed up to that point and for any third party costs already committed, and any deposit covering that work is not returned. If we end it, we will hand over the work completed and refund anything you have paid for work not done.
The sections on ownership, confidentiality, showing the work, limits of responsibility and law continue to apply after a project ends.
Law and disputes
These terms are governed by the laws of the State of Ohio, United States, and the courts of Ohio have exclusive jurisdiction. Before starting any formal claim, we both agree to talk: write to the other side describing the problem and what you want, and give us 30 days to sort it out.
The rest
- Acceptance. Accepting a proposal in writing, including by email, counts as signing it, and brings these terms into the agreement.
- The whole agreement. The proposal and these terms are the entire agreement between us and replace anything said beforehand.
- If part fails. If any part of these terms cannot be enforced, the rest still stands.
- Waiver. Not enforcing something once does not give up the right to enforce it later.
- Assignment. Neither of us may hand the agreement to someone else without the other's written consent, except to a buyer of the whole business.
- Subcontractors. We may bring in trusted specialists for parts of a project. We remain responsible to you for their work.
- Independent businesses. We work as an independent contractor, not as your employee, partner or agent.
- Notices. Formal notices are sent by email to mike@flockfactor.com and to the address you give us in the proposal, and count as delivered the next business day.
Changes to these terms
We may update this page as the business changes. The version that applies to your project is the one in force when you accepted the proposal, and the effective date at the top shows when this version was published.
Effective 21 September 2026 · FLOCKFACTOR LLC · mike@flockfactor.com