Terms of Service

Hampton Roads Website Design provides professional web design, development, and digital strategy services to businesses in the Hampton Roads region and beyond. Our services include, but are not limited to:

• Custom website design and development
• Mobile-responsive optimization
• On-page SEO implementation
• Content strategy and copywriting
• Website maintenance and support
• Digital consulting and strategy

The scope of work for each project will be defined in a separate written agreement or proposal provided by Hampton Roads Website Design prior to project commencement.

To ensure successful project completion, the client agrees to:

• Provide timely feedback and approval on design concepts and deliverables
• Supply all necessary content, images, logos, and brand materials in a timely manner
• Communicate project requirements clearly and respond to requests within agreed timeframes
• Ensure that all provided content does not infringe on third-party intellectual property rights
• Maintain accurate contact information and designate a primary project contact
• Review deliverables thoroughly and report any issues within the agreed revision period

Delays in providing feedback or content may result in extended project timelines. Hampton Roads Website Design is not responsible for delays caused by client inaction or late submission of materials.

Payment terms for services will be outlined in the project proposal or service agreement. Unless otherwise specified:

• A 50% deposit is required to initiate project work
• The remaining balance is due upon project completion and delivery
• Invoices are due within 15 days of receipt
• Late payments may incur a 1.5% monthly interest charge
• All fees are quoted in USD unless otherwise specified

Hampton Roads Website Design reserves the right to suspend work or withhold deliverables if payment is not received by the agreed due date. Projects will not be considered complete or delivered until payment in full has been received.

The number of revisions included in your project will be specified in your service agreement. Generally:

• Included revisions cover changes to design, layout, and copy within the original project scope
• Revisions must be requested in writing within 10 business days of initial delivery
• Additional revisions beyond the included amount will be billed at our standard hourly rate
• Scope changes or additions requested after project commencement may incur additional fees

Major changes to project scope will require a new proposal and revised timeline. Hampton Roads Website Design reserves the right to pause work if revisions exceed the agreed scope or timeline.

Upon receipt of full payment, the client receives ownership of the final website design and custom code created specifically for their project. However:

• Hampton Roads Website Design retains ownership of all pre-existing templates, frameworks, and tools used in development
• The client retains ownership of all content, copy, images, and materials they provide
• Hampton Roads Website Design retains the right to display the completed project in our portfolio and case studies (unless confidentiality is requested in writing)
• Third-party components and open-source libraries used in the project remain subject to their original licenses

The client agrees not to reverse-engineer, decompile, or attempt to extract proprietary code or systems developed by Hampton Roads Website Design for use in other projects without written permission.

Either party may terminate a project agreement with written notice. Cancellation terms are as follows:

• If cancelled before work begins: deposit is refundable minus a 10% administrative fee
• If cancelled during active development: client is responsible for all work completed to date plus 25% of remaining project cost
• If cancelled after 50% of work is complete: no refund is issued; client pays for work completed
• Cancellation must be submitted in writing to be valid

Upon project termination, Hampton Roads Website Design will provide all completed work and deliverables, subject to full payment of invoiced amounts. Source files and work-in-progress materials may be withheld until payment is received in full.

To the fullest extent permitted by law, Hampton Roads Website Design shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunity
• Damages arising from the client's misuse or modification of the website after delivery
• Third-party claims related to client-provided content
• Website downtime or performance issues caused by client's hosting provider or third-party services

The total liability of Hampton Roads Website Design for any claim arising from these terms shall not exceed the total amount paid by the client for services. This limitation applies regardless of the legal theory (contract, tort, or otherwise) on which the claim is based.

Hampton Roads Website Design warrants that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will be free from malware and major defects at the time of delivery
• The website will function as specified in the project agreement on modern browsers

However, we do not warrant that:

• The website will be error-free or uninterrupted
• Specific search engine rankings or traffic levels will be achieved
• Third-party integrations or services will function as expected
• The website will be compatible with all devices, browsers, or future technologies

EXCEPT AS EXPRESSLY STATED, HAMPTON ROADS WEBSITE DESIGN PROVIDES SERVICES ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

Unless otherwise agreed:

• The client is responsible for selecting and maintaining web hosting
• Hampton Roads Website Design can recommend hosting providers but does not guarantee their performance
• Post-launch maintenance and updates are not included in the initial project fee
• Optional maintenance plans are available at additional cost
• Security updates, backup management, and server maintenance are the responsibility of the hosting provider

If Hampton Roads Website Design provides hosting or maintenance services, the terms and pricing will be specified in a separate service agreement.

The client is solely responsible for:

• The accuracy, legality, and originality of all content provided
• Ensuring content does not infringe on copyright, trademark, or other intellectual property rights
• Maintaining backups of all website data and content
• Complying with all applicable laws regarding data privacy and user information
• Obtaining necessary consents and permissions for any personal data collected through the website

Hampton Roads Website Design is not responsible for the legality or accuracy of client-provided content. The client indemnifies and holds Hampton Roads Website Design harmless from any claims arising from the client's content or data.

Both parties agree to maintain the confidentiality of proprietary information shared during the project, including:

• Business strategies and financial information
• Proprietary code and technical specifications
• Client lists and customer data
• Marketing plans and pricing strategies

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Hampton Roads Website Design may use anonymized case studies and portfolio examples of completed work unless the client requests otherwise in writing.

The client agrees to indemnify, defend, and hold harmless Hampton Roads Website Design from any claims, damages, or costs (including attorney fees) arising from:

• Client-provided content or data that infringes third-party rights
• The client's use or misuse of the website after delivery
• The client's violation of applicable laws or regulations
• Third-party claims related to the client's business or operations

Similarly, Hampton Roads Website Design will indemnify the client for claims arising from defects in our original code or services, provided the client has not modified the work without our authorization.

In the event of a dispute, the parties agree to:

• First attempt to resolve the issue through good-faith negotiation
• If negotiation fails, submit the dispute to mediation before pursuing legal action
• All disputes shall be governed by the laws of the Commonwealth of Virginia
• Any legal action must be brought in the state or federal courts located in Norfolk, Virginia

The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and court costs.

These terms and conditions are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Both parties consent to the exclusive jurisdiction of the state and federal courts located in Norfolk, Virginia for any legal proceedings.

Hampton Roads Website Design reserves the right to update or modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our services following any changes constitutes acceptance of the new terms. Clients will be notified of significant changes via email when possible.

If any provision of these terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

For questions about these terms or to report legal concerns, please contact us at: