The short version
Use the site for what it’s for. Everything we build for you is yours once it’s paid for. Every job gets a written quote before it starts. We’ll do the work properly and fix it if it doesn’t do what the quote said. Either of us can end a recurring service with 30 days’ notice, and when it ends you get everything back. If we ever disagree, we talk first, and Colorado law applies.
1. Who we are
Foothills Digital is a trade name of Lucky Duck Works LLC, a Colorado limited liability company, of 9249 S Broadway, Suite 200-324, Highlands Ranch, CO 80129, United States. These terms are between you and Lucky Duck Works LLC (“we”, “us”). “You” means whoever is using the site or buying from us, and if you’re doing that for a business, the business too.
Questions go to hello@foothillsdigital.com. Formal legal notices go to legal@foothillsdigital.com or to the postal address above.
2. What these terms cover
Two things: your use of foothillsdigital.com, and any work we do for you until a signed agreement, such as a master services agreement or a statement of work, takes over. Where a signed agreement and these terms disagree, the signed agreement wins. Every time.
3. Using this website
You’re welcome to read it, share it and link to it. Please don’t try to break it, probe it for weaknesses without our written permission, scrape it at volume, or present it as your own.
The words, design and code of this site are ours, unless they’re credited to someone else. Platform and product names belong to their owners, and naming a platform we work with doesn’t mean a partnership, except with Sentrello, where we say so.
The site explains what we do; it isn’t advice for your particular situation. Nothing here creates a client relationship. That starts with a quote you accept.
Pages marked Illustrative example describe the kind of work we do. They aren’t accounts of real clients, and they say so at the top.
Links to other sites are there because they’re useful. We don’t control those sites and aren’t responsible for them.
We work to keep the site up and accurate, but we can’t promise it will always be available or error-free.
4. The contact form and the newsletter
Send us real details, and only your own. How we handle what you send is in our privacy policy. If you subscribe to the newsletter, you can unsubscribe any time with the link at the bottom of every issue.
5. Quotes and payment
We don’t publish prices, because we don’t sell packages. Every engagement gets its own written quote, whether it’s a one-off project or a recurring managed service billed monthly or annually. A quote is valid for 30 days unless it says otherwise, and work starts when you accept it in writing.
Unless your quote or agreement says otherwise:
- invoices are due within 30 days;
- recurring services are billed in advance, for the month or year ahead;
- prices don’t include sales tax, which is added where the law requires it;
- if you think an invoice is wrong, tell us within 15 days of receiving it and pay the part that isn’t in question while we sort out the rest.
If an invoice is more than 30 days overdue, we may pause the work, but only after telling you in writing at least 10 days ahead.
Travel for on-site work outside routine visits is quoted up front. You won’t find it on an invoice you didn’t expect.
6. What we need from you
Access, mostly: accounts, credentials, a person who can answer questions, and the decisions only you can make. If we’re waiting on any of those, the schedule moves with them, and we’ll tell you when it does.
You confirm that you have the right to let us use anything you give us to work with, such as content, logos, data and accounts, and that the work you ask for is lawful.
7. Who owns the work
You do, once it’s paid for. Code, configuration, documentation and runbooks written for you belong to you, and they live in your repositories and your cloud accounts from the start. Open-source components keep their own licenses. Our own pre-existing tools and know-how stay ours, and you get a permanent, royalty-free license to use whatever of them ends up inside your deliverables.
8. Confidentiality
We keep your information confidential and use it only to do your work. You do the same with anything of ours that’s marked confidential or obviously is. Neither of us has to keep secret what was already public, already known, or required by law to be disclosed. This lasts beyond the end of the engagement.
9. Your data
Where we handle personal information on your behalf, a data processing agreement sets out how, and it’s part of your agreement with us. Our privacy policy covers what this website collects.
10. Our promise about the work
We’ll do the work with reasonable skill and care, in line with good industry practice. If something we delivered doesn’t do what the quote said it would, tell us within 30 days of delivery and we’ll fix it at no charge.
Beyond that promise, and as far as the law allows, the work and this website come without other warranties, whether express or implied. One thing we’ll say plainly, because security is part of what we do: no system can be made impossible to attack. We work to make yours hard to break into and quick to recover, and we can’t promise that nothing will ever get through.
11. Limits on liability
As far as the law allows:
- Neither of us is responsible to the other for indirect or consequential losses, such as lost profits, lost revenue or lost data, even if we knew they were possible.
- Our total liability for any work is limited to what you paid us for that work in the 12 months before the claim arose.
- If you’re only using this website and haven’t bought anything from us, our total liability to you is limited to $100.
None of these limits apply to fraud, gross negligence, willful misconduct, death or personal injury, a breach of confidentiality, your obligation to pay for work done, or anything else the law doesn’t allow to be limited.
12. Ending an engagement
Either of us can end a recurring service with 30 days’ written notice. You can stop a project at any time, and you pay for the work done up to that point. We can end an engagement if an invoice is more than 30 days overdue, or if either of us breaks these terms and doesn’t put it right within 15 days of being told.
When it ends, we hand over everything: repositories, credentials, runbooks and diagrams. Leaving shouldn’t need a project.
13. Things outside anyone’s control
Neither of us is responsible for a delay caused by something we couldn’t reasonably control, such as a natural disaster, a widespread outage at a provider, or an act of government. Whoever is affected tells the other as soon as they can and gets things moving again as soon as possible.
14. If we disagree
Tell us, and we’ll both try in good faith to sort it out within 30 days before anyone goes to court. If that doesn’t work, these terms are governed by the law of the State of Colorado, and any dispute goes to the state courts in Douglas County, Colorado, or the United States District Court for the District of Colorado. Nothing here takes away rights the law gives you that can’t be signed away.
15. The rest
- We work as an independent business, not as your employee or agent.
- Neither of us can transfer these terms to someone else without the other’s agreement, except that we may transfer them to a company that takes over our business, such as when Foothills Digital becomes its own LLC. We’ll tell you if that happens.
- If a court finds part of these terms unenforceable, the rest still applies.
- Not enforcing a term straight away doesn’t mean giving it up.
- These terms, with any quote you’ve accepted and any signed agreement, are the whole agreement between us about the work.
16. Changes
When we change these terms, the date at the top of this page changes too. Changes apply to your use of the site from then on. For work, the version that applies is the one in force when you accepted the quote, unless we both agree in writing to move to a newer one.