Terms of Service

Effective Date: April 30, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE WEBSITE DESIGN AGENCY (WEBSITEDA.COM) WEBSITE, OR BY PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITE OR SERVICES.

Welcome to Website Design Agency (WebsiteDA.com) (“Website Design Agency (WebsiteDA.com),” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at https://websiteda.com (the “Site”), and all related digital marketing, development, hosting, and consulting services offered by Website Design Agency (WebsiteDA.com) (collectively, the “Services”). These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Website Design Agency (WebsiteDA.com).

1. Acceptance of Terms

By accessing the Site, creating an account, signing a Service Agreement or Statement of Work (SOW), making a payment, or otherwise utilizing any of our Services, you represent and warrant that: (a) You have read, understood, and agree to be bound by these Terms, as they may be amended from time to time. (b) You are at least 18 years of age and have the legal capacity and authority to enter into a binding agreement. (c) If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, and you agree to be bound by these Terms on behalf of that entity.

Your continued use of the Site or Services after any modifications constitutes your acceptance of the revised Terms.

2. Definitions

“Service Agreement” or “Statement of Work (SOW)”: A separate document detailing the specific Services to be provided, deliverables, timelines, fees, and other project-specific terms, which incorporates these Terms by reference.
“Client Content”: Any text, images, logos, data, or other materials provided by you to Website Design Agency (WebsiteDA.com) for use in connection with the Services.
“Deliverables”: The specific outputs, such as websites, reports, campaign setups, or code, created by Website Design Agency (WebsiteDA.com) for you as specified in a Service Agreement or SOW.
“Intellectual Property Rights”: All patents, copyrights, trademarks, trade secrets, database rights, and other proprietary rights recognized in any jurisdiction.
“Confidential Information”: Non-public information disclosed by one party to the other, marked as confidential or reasonably understood to be confidential, including business strategies, client lists, technical data, and pricing.

3. Scope of Services

Website Design Agency (WebsiteDA.com) provides a range of digital marketing and development services, which may include, but are not limited to:

Custom website design, development, and maintenance.
Search Engine Optimization (SEO) strategy and implementation.
Pay-Per-Click (PPC) advertising campaign management (e.g., Google Ads, social media ads).
Website hosting, performance monitoring, and security services.
Artificial Intelligence (AI) tool integration, automation, and consulting.
Content creation and marketing strategy.
Social media management and marketing.
Email marketing services.

The specific Services, deliverables, timelines, and fees for your project will be detailed in a mutually agreed-upon Service Agreement or SOW. In case of any conflict between these Terms and a Service Agreement/SOW, the terms of the Service Agreement/SOW shall prevail for that specific project.

4. Account Responsibility

If the Services require you to create an account (e.g., for client portal access), you are solely responsible for:

Providing accurate, current, and complete account information.
Maintaining the confidentiality and security of your account credentials (username and password).
All activities that occur under your account, whether or not authorized by you.

You agree to notify Website Design Agency (WebsiteDA.com) immediately of any suspected or actual unauthorized use of your account or any other breach of security. Website Design Agency (WebsiteDA.com) is not liable for any loss or damage arising from your failure to comply with these obligations.

5. Payment Terms

Fees: Fees for Services are outlined in the applicable Service Agreement or SOW. Unless otherwise specified, fees are quoted in United States Dollars (USD).
Payment Schedule: Payment schedules (e.g., upfront deposit, milestones, monthly retainers) will be specified in the Service Agreement or SOW. Invoices are due upon receipt unless otherwise stated.
Payment Methods: We accept payments via approved electronic methods as indicated on our invoices or Service Agreements (e.g., credit/debit cards via secure gateway, ACH/bank transfer).
- Credit/Debit Cards: Processed securely through a third-party payment gateway. Subject to the gateway’s terms.
- ACH / Bank Transfer: Must clear before services commence or continue, unless otherwise agreed in writing. You are responsible for any bank fees incurred.
Late Payments: Payments not received by the due date may incur late fees at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, on the outstanding balance.
Taxes: You are responsible for all applicable taxes (e.g., sales, use, VAT) associated with the Services, excluding taxes based on Website Design Agency (WebsiteDA.com)’s net income.
Service Suspension: Failure to make timely payments may result in the suspension or termination of your Services without liability to Website Design Agency (WebsiteDA.com).

6. Refund Policy

Website Design Agency (WebsiteDA.com) maintains a strict No Refund Policy. Due to the custom nature of our Services and the resources allocated upon project commencement, all payments made to Website Design Agency (WebsiteDA.com) are final and non-refundable once work has begun, access to resources has been granted, or Deliverables have been provided. We encourage clients to ask any questions and fully understand the scope of work before initiating any Service Agreement or making payment. This policy applies regardless of whether the project is completed, terminated early by either party, or if you are unsatisfied with the results (subject to warranty provisions herein).

7. Client Obligations

To enable Website Design Agency (WebsiteDA.com) to provide the Services effectively, you agree to:

Provide accurate, complete, and timely information, materials (Client Content), and feedback as requested.
Provide necessary access to relevant accounts, systems, or platforms required to perform the Services.
Appoint a primary contact person authorized to make decisions and provide approvals on your behalf.
Respond to communications and requests for approval within reasonable timeframes (typically 2-3 business days unless otherwise specified).
Ensure that all Client Content provided does not infringe upon the Intellectual Property Rights or privacy rights of any third party and complies with all applicable laws.
Comply with all applicable laws regarding your business operations, website content, and data collection.

Failure to meet these obligations may result in delays, additional costs, or suspension/termination of Services.

8. Intellectual Property Rights

Client Content: You retain all ownership rights to your Client Content. You grant Website Design Agency (WebsiteDA.com) a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute the Client Content solely as necessary to perform the Services.
Website Design Agency (WebsiteDA.com) Pre-Existing IP: We retain all ownership rights to our pre-existing materials, software, tools, and intellectual property (“Website Design Agency (WebsiteDA.com) IP”).
Deliverables: Upon full and final payment, we grant you a worldwide, perpetual, non-exclusive, royalty-free license to use the final, approved Deliverables for your internal business purposes. This license does not grant you the right to resell or sublicense the Deliverables without our express written permission and excludes any underlying Website Design Agency (WebsiteDA.com) IP.
Third-Party Materials: Any third-party materials used are subject to their respective licenses.
Ownership Retention: Until full payment is received, all rights, title, and interest in and to the Deliverables remain with Website Design Agency (WebsiteDA.com).

9. Confidentiality

Both parties agree to maintain the confidentiality of the other party’s Confidential Information and not to disclose it to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms. This obligation survives the termination of these Terms.

10. Restrictions on Use

You agree not to use the Services or Deliverables for any illegal purpose, resell or commercially exploit them without our written consent, attempt to reverse-engineer proprietary software, or remove any proprietary notices.

11. Warranties and Disclaimers

Service Warranty: Website Design Agency (WebsiteDA.com) warrants that the Services will be performed in a professional and workmanlike manner. Your sole remedy for a breach of this warranty is the re-performance of the non-conforming Services, provided you notify us in writing within thirty (30) days.
Disclaimer of Outcome Guarantees: WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES REGARDING SPECIFIC RESULTS, such as search engine rankings, website traffic increases, or revenue growth, as these depend on factors beyond our control.
Disclaimer of Other Warranties: EXCEPT FOR THE LIMITED SERVICE WARRANTY ABOVE, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Third-Party Services: We are not responsible for the performance, availability, or policies of third-party platforms (e.g., Google, Facebook, hosting providers).

12. Limitation of Liability

Exclusion of Indirect Damages: IN NO EVENT SHALL WEBSITE DESIGN AGENCY (WEBSITEDA.COM) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA.
Cap on Direct Damages: OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT.
Basis of Bargain: The parties acknowledge that these limitations of liability form an essential basis of the bargain between the parties.

13. Indemnification

You agree to indemnify, defend, and hold harmless Website Design Agency (WebsiteDA.com) from any and all claims, liabilities, and expenses arising out of or in connection with: (a) your breach of these Terms; (b) your Client Content; (c) your use of the Services or Deliverables in violation of any law or third-party right.

14. Termination

Termination by Client: You may terminate your relationship by providing written notice, subject to terms in your SOW. No refunds will be issued.
Termination by Us: We reserve the right to suspend or terminate your access to the Services if you breach any material term (including failure to pay), engage in fraudulent or illegal conduct, or become insolvent.
Effect of Termination: Upon termination, your right to use the Services will cease. You must pay all outstanding fees. Confidentiality, IP, Limitation of Liability, and Indemnification clauses shall survive termination.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the revised Terms on the Site. Your continued use of the Services after the effective date constitutes your acceptance of the changes.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance (except for payment obligations) due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, or natural disasters.

17. Miscellaneous

Entire Agreement: These Terms, together with any SOW, constitute the entire agreement between you and Website Design Agency (WebsiteDA.com).
Severability: If any provision is found to be invalid, the remaining provisions shall continue in full force.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term.
Assignment: You may not assign your rights without our consent. We may assign our rights without restriction.
Notices: Notices shall be in writing and sent by confirmed email to the addresses specified herein.
Relationship of Parties: The relationship is that of independent contractors, not a partnership or agency.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

Website Design Agency (WebsiteDA.com), Legal Department

Email: [email protected]

Website: https://websiteda.com