Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Chosen6 Digital Agency ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all services including but not limited to web design, web development, SEO services, digital marketing, content creation, and related consulting services.

2. Services Description

Web Design & Development

• Custom website design and development
• Responsive design for mobile and desktop devices
• Content management system integration
• E-commerce platform development (Shopify, WooCommerce)
• Website maintenance and updates

SEO & Digital Marketing

• Search engine optimization (SEO)
• Local SEO for Miami businesses
• Content marketing and creation
• Social media management
• Pay-per-click (PPC) advertising management
• Conversion rate optimization

Additional Services

• Brand identity and logo design
• Marketing automation setup
• Analytics and reporting
• Consulting and strategy development

3. Service Agreement and Proposals

Project Proposals

All projects begin with a detailed proposal that includes:

• Scope of work and deliverables
• Project timeline and milestones
• Total project cost and payment schedule
• Client responsibilities and requirements
• Terms specific to the project

Contract Execution

Services commence only after both parties have signed the project proposal or service agreement. Electronic signatures are considered valid and binding. Any changes to the agreed scope must be documented in writing and approved by both parties.

4. Payment Terms

Payment Schedule

• Project-Based Work: 50% deposit required to begin work, remaining balance due upon completion
• Monthly Retainers: Payment due in advance on the first of each month
• Hourly Services: Invoiced monthly with net 15-day payment terms
• Rush Projects: May require full payment upfront

Accepted Payment Methods

• Credit cards (Visa, MasterCard, American Express)
• ACH bank transfers
• PayPal
• Wire transfers (for international clients)
• Business checks (with prior approval)

Late Payments

Invoices not paid within the specified terms will incur a late fee of 1.5% per month (18% annually) on the outstanding balance. We reserve the right to suspend services for accounts more than 30 days past due.

5. Client Responsibilities

Content and Materials

• Provide all necessary content, images, and materials in a timely manner
• Ensure all provided content is original or properly licensed
• Review and approve deliverables within agreed timeframes
• Provide access to necessary accounts, platforms, and systems

Communication and Feedback

• Respond to requests for information within 48 hours during business days
• Provide clear, specific feedback on deliverables
• Designate a primary point of contact for the project
• Attend scheduled meetings and calls

Technical Requirements

• Provide hosting credentials and access when required
• Maintain current backups of existing websites
• Ensure domain name ownership and control
• Install required software or plugins as directed

6. Intellectual Property Rights

Client-Owned Content

You retain ownership of all content, trademarks, and materials you provide to us. By providing content, you grant us a non-exclusive license to use, modify, and display such content solely for the purpose of providing our services.

Work Product Ownership

Upon full payment of all fees, you will own the final deliverables created specifically for your project, including:

• Custom website designs and code
• Logo designs and brand materials
• Written content created for your project
• Custom graphics and images

Retained Rights

We retain ownership of:

• Our proprietary methodologies, processes, and tools
• Template designs and reusable code components
• General knowledge and experience gained
• The right to use completed work in our portfolio and marketing materials

Third-Party Assets

Some projects may include third-party assets (stock photos, fonts, plugins) that require separate licensing. We will clearly identify these assets and their licensing requirements.

7. Project Timelines and Deliverables

Timeline Estimates

Project timelines are estimates based on the agreed scope and assume timely client feedback and content delivery. Typical project timelines:

• Simple Websites: 2-4 weeks
• Custom Websites: 4-8 weeks
• E-commerce Sites: 6-12 weeks
• SEO Campaigns: 3-6 months for significant results

Delays and Extensions

Timelines may be extended due to client delays, scope changes, or unforeseen technical challenges. We will communicate any potential delays promptly and work to minimize their impact.

8. Revisions and Changes

Included Revisions

Each project includes a specified number of revision rounds:

• Logo Design: 3 rounds of revisions
• Website Design: 2 rounds of revisions per page
• Content Creation: 2 rounds of revisions

Additional Revisions

Revisions beyond the included amount will be charged at our standard hourly rate of $150/hour. Major scope changes may require a new proposal and additional contract.

Change Requests

All change requests must be submitted in writing and approved before implementation. Changes may affect project timeline and cost.

9. Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. We provide:

• 30-day warranty on website functionality after launch
• Bug fixes for issues directly related to our work
• Technical support during the warranty period

Disclaimers

We do not warrant:

• Specific search engine rankings or traffic levels
• Compatibility with future browser updates or third-party changes
• Uninterrupted website operation or freedom from all errors
• Specific business results or revenue increases

Third-Party Services

We are not responsible for the performance, availability, or changes to third-party services, platforms, or tools used in your project.

10. Limitation of Liability

Liability Cap

Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific services that gave rise to the claim.

Excluded Damages

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption
• Third-party claims or actions

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures of third-party services.

11. Termination

Termination by Client

You may terminate services at any time with written notice. Upon termination:

• You are responsible for payment of all work completed to date
• We will provide all completed deliverables
• Deposits are non-refundable
• Monthly retainers are non-refundable for the current month

Termination by Company

We may terminate services if:

• Payment is more than 30 days overdue
• You breach these Terms
• You fail to provide necessary materials or feedback
• The working relationship becomes untenable

Post-Termination

Upon termination, both parties' obligations cease except for payment obligations and confidentiality requirements, which survive termination.

12. Confidentiality

Mutual Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our relationship, including:

• Business strategies and plans
• Financial information
• Customer lists and data
• Technical specifications and processes

Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was known prior to disclosure
• Is required to be disclosed by law
• Is independently developed

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

Dispute Process

In the event of a dispute, the parties agree to:

1. First attempt to resolve the matter through direct negotiation
2. If unsuccessful, engage in mediation with a mutually agreed mediator
3. If mediation fails, resolve disputes through binding arbitration in Miami, Florida

Jurisdiction

Any legal proceedings shall be conducted in the state and federal courts located in Miami-Dade County, Florida.

14. General Provisions

Entire Agreement

These Terms, together with any signed proposals or service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

Modifications

These Terms may only be modified in writing, signed by both parties. We may update these Terms for future projects by posting revised terms on our website.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any successor entity.

15. Contact Information

For questions about these Terms of Service or to discuss your project needs, please contact us: