Terms of Service

1. Who you are dealing with

The Collective at Red Iron LLC, a limited liability company operating from San Diego, California. We, us and the house mean that company. You means the person or organization buying from us or using this site.

You can reach us by text or phone at (619) 403-8753 or by email at adam@redironcollective.com. There is no contact form and no ticket queue.

2. What we sell, and what we do not

We run two lines, and they are different arrangements. Read the one that applies to you.

Websites (the Studio). Custom coded websites, open to anyone. You pay for these.

League storefronts. Free managed spirit wear stores, offered to youth baseball and softball leagues only. The league pays nothing.

Two limits are part of the offer rather than fine print, and neither is negotiable:

• We do not fulfill orders for e-commerce website clients. If you buy an e-commerce website, we design, build and host it. You hold the inventory, pack the orders, ship them, and carry returns. We never touch a garment.
• We do not open storefronts for businesses, brands, ministries, schools or commands. If you are one of those, what we can build you is a website, at the published rates.

A few storefronts opened before the league only rule and are still running. Those continue under the agreements they were opened on, and nothing in this document changes them. This section describes what we offer today, not what we have ever offered.

3.1 Website prices

Prices are as published on the rate sheet at collectivebuilt.com/rates:

A custom or e-commerce build is quoted after we understand the scope. “From $2,500” is a floor, not an estimate of your project.

Website rates may change with 30 days notice. A price you have already agreed and paid does not change under you.

3.2 Site Care and Hosting

Every website we build or take on carries Site Care and Hosting at $49/mo on a 12 month minimum term. It begins at checkout. After 12 months it continues month to month and you can cancel anytime.

It covers hosting and SSL kept current, security patches and platform updates, uptime monitoring, domain setup (registration billed at cost), and a person who knows your build when you need something changed.

Stripe bills this monthly, so the 12 month minimum is a contractual term rather than something the card charge enforces. If you cancel before the 12 months are up, the remaining months of the term are still due. We invoice that balance once. If it is still unpaid 30 days later we may take the site offline until it is settled.

Your site, your content and your domain remain yours throughout, and section 3.3 still applies. We will hand over what we hold for you once the balance is settled, and we will not hold a domain you own against an unpaid invoice.

3.3 What you own, and what we own

When the build is paid for in full, you own your site: its content, your brand, your copy, your images, and the right to keep running it.

We retain ownership of the underlying tools, components, techniques and non client specific code we bring to every build and reuse across clients. You do not acquire rights in those beyond using them as part of your site.

You keep everything you supply. You warrant that you have the right to supply it, which is covered in section 5.

3.4 Your responsibilities

A build needs things from you: content, images, approvals, and access to your domain. We cannot hold a schedule against a client we are waiting on.

If we have asked you for something we need and 90 days pass with no response, we may close the project and invoice the work completed to that point. We will write to you at least once before we do it, and a reply inside those 90 days restarts the clock.

4.1 League storefronts: eligibility

Storefronts are offered to youth baseball and softball leagues only. We may decline any application, and eligibility is our determination.

4.2 What it costs

Nothing. No setup cost, no monthly fee, no inventory to buy, and no minimums.

4.3 The split, and what net revenue means

The league keeps 20 percent of the net revenue on every sale. Our 80 percent pays for production, fulfillment, shipping, and service.

Net revenue is the merchandise total on an order after any discount, not including shipping or sales tax. The league's 20 percent is calculated on that figure.

4.4 Payouts

Payouts are made every Monday, automatically, through Stripe, and through Stripe only. Each statement is reconciled to the cent. There is nothing to invoice.

A league needs its Stripe account connected before the first payout can land. We cannot pay out by check, transfer or any other route.

Refunds issued after a payout are netted against the next payout. They are never invoiced back to the league.

4.5 Sales tax and merchant of record

We are the merchant of record. We collect, file and remit sales tax where it is required. It is our name on the filings, not the league's.

4.6 Tax reporting

Royalty recipients receive a Form 1099 at $600 or more in a calendar year. We do not name a specific 1099 form type here, because the right form depends on how the recipient is set up. The one you receive will say which it is.

We need a completed Form W-9 from the league, or from the person or entity it designates to receive payouts, before we can pay out at that level. Send it when you connect Stripe rather than in December.

4.7 Artwork rights and indemnity

The league owns its name, its logo and its artwork. Those stay entirely the league's.

The league warrants that it owns or holds the rights to all artwork it submits, and indemnifies The Collective at Red Iron LLC against infringement claims arising from that artwork. That indemnity is not capped, and section 8 does not limit it.

We may decline any submission, and we may remove a product or a piece of artwork at any time, including mid season, if a rights complaint is raised about it. Doing that is not a breach of this agreement by us. We will tell the league what came in and why we acted, and we will put the product back if the complaint is resolved.

The print ready production files we build to reproduce that artwork are ours.

4.8 Ending the arrangement

Either party may end the arrangement with 30 days notice. The final payout is made on the next Monday cycle. Orders already placed are fulfilled.

5. Your content and your warranties

For both lines: you warrant that anything you send us is yours to send, and that our using it as you have asked will not infringe anyone's rights. You indemnify us against claims that it does.

We may decline or remove any content or artwork.

6. Payment

Website payments are taken through Stripe at checkout. League payouts are made through Stripe. We do not store your card details; Stripe does. See the privacy policy for what we hold and who else touches it.

7. What we do not promise

We build and host carefully, and we do not promise the impossible:

• No uptime guarantee. We monitor uptime and act on it. We do not warrant that any site is available without interruption, and we are not responsible for outages at hosting providers, registrars, payment processors or other services outside our control.
• No search ranking promises. We do not sell rankings and we do not promise them. We build sites properly and that is the whole claim.
• No sales projections. Nothing on our site or in a conversation is a prediction of what a store or a site will earn.

8. Limitation of liability

To the fullest extent the law allows:

• Our total liability is capped at the greater of (a) the fees you actually paid us in the 12 months before the claim, or (b) $100. That cap is the total across all claims taken together, not a fresh cap for each one. The $100 floor is there so the cap is never zero, which matters for the league storefront program, where the league pays us nothing.
• We are not liable for indirect, incidental, special or consequential loss, including lost profits, lost revenue, lost sales, lost goodwill, and lost or corrupted data, even if we were told that kind of loss was possible.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. This section does not limit the indemnities you give us in sections 4.7 and 5.

9. Governing terms and changes

The rate sheet at collectivebuilt.com/rates is canonical for prices, tiers, and the terms of the league storefront program. Where this document and the rate sheet disagree on one of those, the rate sheet wins and this document is stale. That is a deliberate arrangement: the rate sheet is what we publish, what we quote from, and what a client reads before they buy.

Everything else here governs on its own, including sections 5, 7, 8 and 10. A rate sheet does not set warranties, liability or governing law, and ours does not try to.

We may update these terms. Material changes to website rates carry 30 days notice. The league program's 30 day notice provision is in section 4.8. The date at the top of this page is when it last changed.

10. Governing law and disputes

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules.

Any dispute arising out of these terms or the work goes to the state or federal courts located in San Diego County, California, and both of us agree to that venue.

Small claims are carved out. Either of us may bring a qualifying claim in small claims court instead, and nothing above prevents it.

There is no arbitration clause here and no class action waiver. Before any of that, text or call (619) 403-8753. Nearly everything is a conversation.

11. Contact

The Collective at Red Iron LLC, San Diego, California. Text or call (619) 403-8753, or email adam@redironcollective.com.