Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client," "you"), and Tampa Bay Website Design ("we," "us," or "our"), concerning your access to and use of the tampabaywebsitedesign.com website, as well as any custom website design, search engine optimization (SEO), web hosting, and digital management services we provide. By engaging our services, you agree to be bound by these Terms.

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2. Project Scope & Revisions

Specific deliverables, timelines, and the scope of work for your project will be outlined in a separate, formal Proposal, Invoice, or Statement of Work (SOW).

• Scope Creep: Any requests or feature additions falling outside the agreed-upon SOW will require a separate quote and may extend project timelines.
• Revisions: Web design projects include a specified number of revision rounds as defined in your SOW. Revisions beyond this limit will be billed at our standard hourly rate.

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3. Client Responsibilities & Delays

To ensure project success, the Client agrees to:

• Provide all necessary branding assets, text content, logos, and images promptly, unless content creation is explicitly included in the SOW.
• Ensure that any materials provided to us do not infringe upon the copyrights, trademarks, or intellectual property rights of any third party.
• Project Delays: If a project is stalled for more than thirty (30) days due to a lack of feedback or missing content from the Client, we reserve the right to pause the project and invoice for all work completed up to that date. Restarting a stalled project may incur a reactivation fee.

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4. Payments, Late Fees & Refunds

All project fees will be detailed in your SOW or invoice. Custom website projects typically require a non-refundable upfront deposit before work begins.

• Final Launch: The remaining balance is strictly due upon project completion and must be paid in full prior to the final site launch or transfer of files.
• Late Payments: For recurring services (such as SEO or Website Care Plans), we reserve the right to suspend services, take down hosted sites, or withhold files if invoices remain unpaid beyond 15 days of their due date.
• Refunds: Due to the custom nature of web design and digital marketing, all payments are non-refundable once work has commenced.

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5. Intellectual Property Rights

Upon final payment in full, the Client assumes ownership of the final website design, layout, and client-provided content. However, Tampa Bay Website Design retains ownership of all underlying code, custom scripts, open-source software, and third-party tools utilized to build the site. We reserve the right to display screenshots, links, and graphics of your completed project in our portfolio and marketing materials.

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6. SEO and Marketing Disclaimer

While we utilize industry-best practices for Search Engine Optimization (SEO), Tampa Bay Website Design does not guarantee specific search engine rankings, traffic volumes, or financial returns. Search algorithms are controlled entirely by third-party companies (e.g., Google), and rankings fluctuate continuously. We are not liable for any drops in ranking or penalties incurred due to algorithm updates or prior client actions.

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7. Third-Party Software & Hosting

Our websites frequently rely on third-party software, content management systems (like WordPress), plugins, and hosting servers. We are not responsible or liable for any downtime, data loss, security breaches, or site failures caused by third-party plugin updates, hosting outages, malicious hacking attempts, or software obsolescence, unless the client is actively enrolled in our Website Care and Management plan.

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8. Service Interruptions & Force Majeure

We do not guarantee that your website will be available or accessible 100% of the time. Websites are inherently subject to downtime due to scheduled maintenance, localized server outages, cyberattacks, or widespread cascading failures of global internet infrastructure, content delivery networks (CDNs), domain name registrars, or web hosting facilities.

Tampa Bay Website Design shall not be held liable for any service interruptions, whether temporary or permanent, caused by factors outside of our direct, reasonable control (Force Majeure). Under no circumstances shall we be responsible or liable for any lost revenue, lost profits, missed business opportunities, or any other damages resulting from your website being inaccessible, offline, or functioning improperly for any reason whatsoever.

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9. Limitation of Liability & Indemnification

• Limitation of Liability: Under no circumstances shall Tampa Bay Website Design be held liable for any direct, indirect, incidental, consequential, or special damages, including lost profits or lost data, arising out of the use or inability to use the website or services. In all events, our total liability shall strictly not exceed the total amount paid by the Client to us for the specific project in question.
• Indemnification: The Client agrees to indemnify, defend, and hold harmless Tampa Bay Website Design against any claims, damages, or lawsuits (including attorney fees) arising from content, images, or materials provided by the Client that infringe upon copyright or trademark laws.

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10. Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action, lawsuit, or proceeding related to our services, contracts, or these Terms shall be brought exclusively in the local or federal courts located in Pinellas County, Florida. The prevailing party in any dispute shall be entitled to recover its reasonable attorney's fees and legal costs.

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11. Contact Us

If you have any questions or require clarification regarding these Terms of Service, please contact us at: