Terms of Service

Hampton Roads Web Design ("Company," "we," "us," or "our") agrees to provide web design, development, SEO, and related digital marketing services ("Services") to you ("Client," "you," or "your") as outlined in the project proposal or statement of work ("SOW").

By engaging our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please do not engage our services.

All Services will be performed in a professional and timely manner according to industry standards. The specific scope of work, deliverables, timeline, and fees will be detailed in the project proposal provided to you.

Project Fees: Project fees are due as outlined in the proposal. Unless otherwise agreed in writing, a deposit of 50% is required upon project initiation, with the remaining balance due upon project completion or as specified in the SOW.

Payment Methods: We accept bank transfers, credit cards, and checks. All payments should be made to Hampton Roads Web Design.

Late Payments: Invoices are due within 30 days of invoice date. Late payments may result in a 1.5% monthly interest charge on the outstanding balance or suspension of services.

Retainer Services: If you have engaged us for ongoing support or maintenance, retainer fees are due on the first of each month. Failure to pay may result in suspension of services.

Additional Costs: Any work outside the agreed scope will be billed at our standard hourly rate of $85–$150 per hour, depending on the service. We will notify you of additional costs before proceeding with out-of-scope work.

Client-Owned Content: All content provided by you, including text, images, logos, and other materials, remains your property. You grant us a license to use this content solely for the purpose of creating and maintaining your website.

Company-Created Work: All original designs, code, layouts, graphics, and other creative work created by Hampton Roads Web Design ("Deliverables") are owned by the Company until full payment is received. Upon receipt of final payment, ownership of the Deliverables transfers to you.

Pre-Existing Materials: Any pre-existing templates, frameworks, libraries, or tools used in creating your website remain the property of their respective creators and are subject to their applicable licenses.

Third-Party Assets: Any third-party fonts, stock images, plugins, or other licensed materials used in your project are subject to their respective license agreements. You are responsible for ensuring compliance with those licenses.

Use Restrictions: You may not reproduce, distribute, or resell the Deliverables without our written consent. You may not use the work for competing purposes or transfer it to a competitor without explicit permission.

Content Provision: You are responsible for providing all necessary content, images, copy, and materials needed for the project in a timely manner. Delays in providing content may delay project completion.

Feedback and Approvals: You agree to provide timely feedback and approvals during the project. We will provide a reasonable window for feedback (typically 3–5 business days). Delays in providing feedback may extend the project timeline.

Legal Compliance: You warrant that all content provided is original, does not infringe on any third-party rights, and complies with all applicable laws. You are responsible for obtaining any necessary permissions or licenses for third-party content.

Accuracy of Information: You are responsible for the accuracy and legality of all information provided to us, including business details, contact information, claims, and testimonials.

Access and Credentials: You agree to provide necessary access to domain registrars, hosting providers, email accounts, and other systems required to complete the project. You are responsible for maintaining the security of these credentials.

Disclaimer: The Services are provided "as is" without warranties of any kind, express or implied. We do not guarantee specific search rankings, traffic levels, or lead generation results.

SEO Results: While we employ industry best practices for SEO, search engine rankings depend on numerous factors beyond our control, including algorithm updates, competitor activity, and market conditions. We do not guarantee first-page rankings or specific traffic increases.

Maximum Liability: Our total liability for any claim arising out of or relating to these terms or the Services shall not exceed the total fees paid by you in the 12 months preceding the claim.

Excluded Damages: In no event shall Hampton Roads Web Design be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

Third-Party Services: We are not responsible for the performance, reliability, or availability of third-party services, hosting providers, domain registrars, or other external systems.

Project Cancellation: If you wish to cancel a project, you must provide written notice. Cancellation fees will be assessed based on the stage of completion and work performed.

Refund Policy: Refunds are not available for completed work or Services already rendered. If a project is cancelled before completion, you will be charged for all work completed to date plus any out-of-pocket expenses incurred.

Retainer Cancellation: Ongoing retainer services may be cancelled with 30 days' written notice. No refunds will be issued for partial months or unused retainer hours.

Non-Refundable Deposits: Project deposits are non-refundable if the project is cancelled by the Client after work has begun.

Post-Launch Support: We offer a 30-day post-launch support period to address critical bugs and issues directly related to our work. This support is included in the project fee.

Ongoing Maintenance: After the initial support period, ongoing maintenance, updates, and support are available through our maintenance and support packages. These services are billed separately.

Hosting and Domain Management: We can assist with hosting and domain management, but these services are typically provided by third-party providers. You are responsible for paying hosting and domain renewal fees directly to those providers.

Security Updates: We recommend keeping your website, plugins, and software updated. While we can assist with updates, you are responsible for ensuring your website remains secure and compliant.

Confidential Information: Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including business strategies, financial information, and technical details.

Permitted Disclosures: We may disclose your project as a case study or portfolio example unless you request otherwise in writing. We will not disclose sensitive business information without your consent.

Third-Party Vendors: We may share necessary information with third-party vendors (hosting providers, domain registrars, etc.) to complete the Services. These vendors are bound by confidentiality agreements.

Good Faith Negotiation: If a dispute arises, both parties agree to attempt to resolve the matter through good faith negotiation before pursuing legal action.

Mediation: If negotiation fails, either party may request mediation. Both parties agree to participate in mediation in good faith before pursuing litigation.

Governing Law: These terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

Jurisdiction: Both parties consent to the exclusive jurisdiction of the courts located in Virginia Beach, Virginia for any legal proceedings.

Arbitration Option: Either party may elect to resolve disputes through binding arbitration rather than litigation. Arbitration will be conducted in accordance with the American Arbitration Association (AAA) rules.

Scope Creep: The Services are limited to the scope outlined in the project proposal. Any changes or additions to the scope must be documented in writing and may result in additional fees and timeline adjustments.

Change Requests: Change requests will be evaluated and quoted separately. We will not proceed with out-of-scope work without your written approval and agreement on additional costs.

Timeline Impact: Scope changes may impact the project timeline. We will provide updated timelines for any approved changes.

Termination by Client: You may terminate the engagement with 30 days' written notice. You will be responsible for payment of all work completed to date.

Termination by Company: Hampton Roads Web Design may terminate the engagement if: (a) you fail to pay invoices within 60 days of due date, (b) you violate these terms, or (c) you provide false or misleading information that affects our ability to perform the Services.

Effect of Termination: Upon termination, all work completed will be delivered, and you will pay all outstanding invoices. Any work in progress will not be completed unless additional fees are agreed upon.

No Warranty of Results: We do not guarantee specific business results, including sales, leads, conversions, or revenue. Website performance depends on numerous factors beyond our control.

Website Availability: While we strive to maintain high uptime, we do not guarantee 100% website availability. Downtime may occur due to hosting issues, updates, or external factors.

Third-Party Services: We are not responsible for the performance or reliability of third-party services, including hosting providers, email services, or payment processors.

Disclaimer of Warranties: Except as expressly stated, all Services are provided "as is" without warranties of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose.

Entire Agreement: These Terms of Service, along with the project proposal and any executed SOW, constitute the entire agreement between the parties and supersede all prior negotiations, representations, and agreements.

Amendments: These terms may be modified at any time by Hampton Roads Web Design. Continued use of our Services constitutes acceptance of modified terms.

Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will continue in effect.

No Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment: You may not assign these terms or your rights and obligations without our written consent. We may assign these terms to a successor or affiliate.

Independent Contractors: Hampton Roads Web Design and its team members are independent contractors, not employees of the Client.

For questions about these Terms of Service or to report a concern, please contact us at: