Terms and Conditions
Privacy
Your use of this website is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect personal information. By using this website, you acknowledge that you have had the opportunity to review our Privacy Policy.
Website Content
All content appearing on this website, including text, graphics, logos, icons, images, software, layouts, source code (where applicable), and other materials, is the property of Web Designer Express or its licensors and is protected by applicable intellectual property laws.
No content may be copied, reproduced, distributed, modified, or used for commercial purposes without our prior written permission, except as permitted by law.
Acceptable Use
You agree not to:
- Use the website for any unlawful purpose.
- Attempt to gain unauthorized access to our systems or servers.
- Interfere with the operation or security of the website.
- Upload malicious code, viruses, or other harmful software.
- Use automated tools to scrape, harvest, or collect information from the website without our written authorization.
- Submit false, misleading, or fraudulent information through our forms.
We reserve the right to restrict or terminate access for violations of these Terms.
Estimates and Proposals
Any estimate, quotation, or proposal provided by Web Designer Express is based on the information available at the time it is prepared.
Changes in project scope, requested functionality, content, third-party services, or client requirements may result in revised pricing, timelines, or deliverables.
A project is not considered accepted until both parties have agreed to the scope of work.
Client Responsibilities
Clients are responsible for:
- Providing accurate information.
- Supplying content, images, logos, and other project materials.
- Ensuring they have the legal right to use all submitted materials.
- Reviewing deliverables within a reasonable time.
- Maintaining backup copies of content provided to us unless otherwise agreed.
Project delays caused by missing information or delayed approvals may extend delivery schedules.
Third-Party Services
Projects may incorporate products or services provided by third parties, including but not limited to:
- Domain registrars
- Website hosting providers
- Payment processors
- Content delivery networks
- Email service providers
- Mapping services
- Social media platforms
- Search engines
- AI or automation tools
We are not responsible for interruptions, policy changes, pricing changes, security incidents, or service availability relating to third-party providers.
Website Hosting
If Web Designer Express provides website hosting services, we will use commercially reasonable efforts to maintain service availability.
However, uninterrupted operation cannot be guaranteed.
Scheduled maintenance, software updates, hardware failures, Internet outages, cyberattacks, force majeure events, and failures involving third-party infrastructure may temporarily affect availability.
Domain Registration
If we register or manage a domain name on your behalf:
- Registration remains subject to the policies of the applicable domain registrar.
- Clients are responsible for renewal fees unless otherwise agreed in writing.
- Failure to renew may result in suspension or loss of the domain name.
- Domain ownership remains subject to registrar records and applicable policies.
Payment
Unless otherwise agreed in writing:
- Deposits may be required before work begins.
- Final deliverables may be withheld until outstanding balances have been paid.
- Invoices are due according to the payment terms specified in the proposal or invoice.
- Failure to pay may result in suspension of services.
Ownership of Deliverables
Unless otherwise agreed in writing, ownership of final project deliverables transfers to the client only after all applicable fees have been paid in full.
Web Designer Express retains ownership of:
- Internal development tools
- Proprietary processes
- Reusable programming libraries
- Templates
- General know-how
- Pre-existing intellectual property
Open-source software remains subject to its respective licenses.
Client Materials
Clients represent that they have all necessary rights and permissions to use any content, trademarks, logos, images, videos, fonts, software, or other materials provided for use in a project.
Clients agree to indemnify Web Designer Express against claims arising from materials supplied by the client.
Disclaimer of Warranties
This website and our services are provided on an "as is" and "as available" basis to the extent permitted by applicable law.
While we strive to provide reliable services, we do not guarantee that the website or services will always be uninterrupted, error-free, secure, or compatible with every browser, device, or third-party platform.
Limitation of Liability
To the fullest extent permitted by applicable law, Web Designer Express shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost business opportunities, loss of data, business interruption, or loss of goodwill, arising from or relating to the use of this website or our services.
Where liability cannot legally be excluded, it shall be limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Web Designer Express, its owners, employees, contractors, and affiliates from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your violation of these Terms;
- Your misuse of the website;
- Your infringement of another party's rights; or
- Materials or content you provide to us.
External Links
Our website may contain links to third-party websites for your convenience.
We do not control and are not responsible for the content, policies, products, services, or practices of third-party websites.
Changes to These Terms
We may update these Terms and Conditions from time to time.
The revised version will become effective when posted on this website unless otherwise stated.
Continued use of the website after updated Terms are posted constitutes acceptance of those changes.
Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.
Any legal action arising from these Terms shall be brought in a court of competent jurisdiction located in the State of Florida, unless applicable law requires otherwise.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any written proposal or agreement applicable to specific services, constitute the entire agreement regarding your use of this website and supersede prior understandings relating to the same subject matter.