Terms and Conditions

BuildaWebUSA.com Web Design Services

Last Updated: 05-09-2025

1 Acceptance and Binding Agreement

By engaging our services, requesting a quote, making any payment, or communicating with us regarding web design services, Client agrees to be bound by these Terms and Conditions in their entirety. These terms supersede all previous agreements, proposals, or representations, whether oral or written.

2 Scope of Services and Deliverables

2.1 Services are limited strictly to what is explicitly outlined in the written project proposal. Any work outside this scope requires separate written agreement and additional compensation.

2.2 We reserve the right to modify project scope, timeline, or deliverables at our sole discretion based on technical requirements, feasibility, or business considerations.

2.3 Client acknowledges that web development involves inherent uncertainties and we make no guarantees regarding specific outcomes, performance metrics, or business results.

3 Payment Terms and Financial Obligations

3.1 All payments are due according to the schedule specified in the project proposal. Late payments incur a 5% monthly service charge.

3.2 No refunds will be provided for any reason once work has commenced, regardless of project completion status.

3.3 Client remains liable for full project cost even if they choose to terminate the project early.

3.4 Additional costs for scope changes, revisions beyond agreed limits, or extended timelines are due immediately upon invoice.

4 Intellectual Property and Ownership

4.1 All work product remains our exclusive intellectual property until final payment is received in full.

4.2 We retain perpetual rights to use any techniques, concepts, or general knowledge gained during the project for other clients.

4.3 Client grants us unlimited rights to use the completed project in our portfolio, marketing materials, and case studies.

4.4 Any pre-existing intellectual property we bring to the project remains our exclusive property.

5 Client Responsibilities and Warranties

5.1 Client warrants they have full authority to enter this agreement and provide all necessary approvals.

5.2 Client must provide all required content, materials, and feedback within specified timeframes. Delays caused by Client may result in additional charges and extended timelines.

5.3 Client is solely responsible for backup of their website and data. We are not liable for any data loss.

5.4 Client warrants that all provided content is legally owned by them and does not infringe on third-party rights.

6 Limitation of Liability and Disclaimers

Our total liability for any claims arising from this agreement shall not exceed the total amount paid by Client for the specific project. We disclaim all warranties, express or implied.

We are not liable for:

Loss of profits, revenue, or business opportunities
Data loss or corruption
Third-party actions or website downtime
Search engine ranking changes
Compatibility issues with future technology updates
Cybersecurity breaches or hacking attempts

Client acknowledges that websites may experience technical issues and we cannot guarantee 100% uptime or error-free operation.

7 Indemnification

Client agrees to indemnify, defend, and hold harmless our company, its officers, employees, and contractors from any claims, damages, losses, or expenses (including attorney fees) arising from:

Client's use of the delivered website
Content provided by Client
Client's breach of these terms
Third-party claims related to the project

8 Revisions and Change Requests

8.1 The project includes one round of revisions. Any additional revisions beyond this will incur extra charges, billed at our standard hourly rates.

8.2 Revision requests must be provided in writing with specific, actionable feedback.

8.3 Major changes to approved designs or functionality constitute scope changes requiring additional payment.

9 Project Timeline and Delays

9.1 Timeline estimates are approximations only and not guaranteed delivery dates.

9.2 We are not liable for delays caused by circumstances beyond our reasonable control.

9.3 Rush orders require 50% additional fee and are subject to availability.

10 Termination

10.1 We may terminate this agreement immediately for non-payment, breach of terms, or unreasonable Client behavior.

10.2 Upon termination by either party, Client remains liable for all work completed and expenses incurred.

10.3 No refunds will be provided upon termination regardless of the reason.

11 Dispute Resolution

11.1 All disputes must first be addressed through good-faith negotiations.

11.2 If litigation becomes necessary, Client agrees that:

Exclusive jurisdiction lies in Florida, Orlando courts
Client is responsible for our attorney fees if we prevail
Claims must be brought within one (1) year of the dispute arising
Client waives right to jury trial and class action participation

11.3 Client agrees to binding arbitration under American Arbitration Association rules as an alternative to litigation.

12 Force Majeure

We are not liable for any delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or global pandemics.

13 General Provisions

13.1 These terms are governed by the laws of Orlando, excluding conflict of law principles.

13.2 If any provision is deemed unenforceable, the remainder of the agreement remains in full effect.

13.3 Failure to enforce any provision does not waive our right to enforce it later.

13.4 These terms may only be modified in writing, signed by both parties.

13.5 The Client shall not transfer or assign this Agreement, in whole or in part, to any other party without obtaining our prior written consent.

14 Additional Protections and Warranties

Technology and Compatibility

Client acknowledges that web technologies evolve rapidly and future compatibility cannot be guaranteed
We are not responsible for ensuring compatibility with future browsers, devices, or technology standards
Client assumes responsibility for ongoing maintenance, updates, and security after project delivery

Third-Party Services

We are not liable for failures, changes, or discontinuation of third-party services integrated into Client's website
Client is responsible for maintaining all third-party service accounts, licenses, and subscriptions
Any costs associated with third-party services are Client's responsibility

Content and Legal Compliance

Client warrants that their website content complies with all applicable laws and regulations
We are not responsible for legal compliance, accessibility standards, or regulatory requirements
Client assumes all liability for content, privacy policies, and terms of service on their website

Performance and Results

We make no guarantees regarding website traffic, search engine rankings, conversion rates, or business outcomes
Client acknowledges that website success depends on many factors beyond our control
Any performance estimates or projections are opinions only and not warranties

Confidentiality

Both parties agree to maintain confidentiality of proprietary information
This obligation survives termination and continues for five years
Breach of confidentiality may result in immediate damages and injunctive relief

15 Acknowledgment and Acceptance

15.1 Client acknowledges they have read, understood, and agree to be bound by these terms and conditions in their entirety.

15.2 Client confirms they have had adequate opportunity to review these terms with legal counsel if desired.

15.3 Client understands that these terms are comprehensive and heavily favor our position as the service provider.

15.4 Client agrees that the consideration provided under this agreement is adequate and sufficient.

15.5 By proceeding with our services, Client demonstrates their acceptance of all risks and limitations outlined herein.

ACCEPTANCE

By engaging our services, making any payment, or signing any related documents, Client agrees to these terms and conditions.

This agreement shall be binding upon Client's heirs, successors, assigns, and legal representatives. These terms represent the complete agreement between the parties and may not be contradicted by any prior or contemporaneous communications.

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Website Design Questionnaire

1. Business Understanding

2. Website Objectives

3. Website Functionality

4. Design Preferences

5. Content Requirements

6. Project Details

7. Additional Information