Palm Beach Web Development LLC (trading as Palm Beach Digital)
These Terms and Conditions apply to all proposals, projects, and ongoing services provided by Palm Beach Digital.
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"Agency" means Palm Beach Web Development LLC, trading as Palm Beach Digital.
"Client" means the individual or business entity named in the accepted Proposal.
"Project" means the design, development, and/or related services described in the accompanying Proposal.
"Agreement" means this document together with the accepted Proposal.
Signing and returning the Proposal constitutes the Client's full acceptance of these Terms and Conditions. Work will not commence until the signed Proposal and deposit payment have been received.
The Project scope is defined in the accompanying Proposal. Any features, pages, or functionality not explicitly listed are not included.
If additional requirements are identified during scoping or development, the Agency will issue a revised quotation before proceeding.
The Client acknowledges that the quoted price is based on the initial specification and may be revised if the scope changes materially.
The Client agrees to:
Delays caused by late content or approvals may extend the project timeline; the Agency accepts no liability for such delays.
Timelines are estimates provided in good faith and commence from receipt of the deposit and initial content.
Timelines may be affected by Client response times, third-party services, or agreed scope changes.
The Agency will communicate any material delays promptly.
All custom code, designs, and creative assets produced under this Agreement remain the intellectual property of the Agency until full payment has been received.
Upon receipt of full payment, ownership of the custom deliverables transfers to the Client.
The Agency retains the right to reuse underlying frameworks, libraries, and development methodologies in future projects.
The Client warrants that all content, images, and materials supplied are owned by or licensed to the Client, and indemnifies the Agency against any third-party intellectual property claims.
Both parties agree to keep all project-related information, strategies, and materials confidential.
The Agency will not disclose Client business information to third parties without prior written consent, except where required by law.
Where hosting or ongoing services are included, fees and terms will be outlined in the Proposal.
Monthly recurring fees commence on the date the website is launched (the "Billing Start Date") and will recur on the same calendar date each month thereafter.
If the launch date falls on a day that does not exist in a given month (e.g. the 31st), the billing date for that month will fall on the last day of that month.
Monthly fees are billed in advance at the start of each billing cycle.
Either party may terminate ongoing services by providing a minimum of 2 months' written notice. Notice must be submitted in writing via email to the Agency's registered contact address.
The termination date will be the end of the billing cycle following the expiry of the 2-month notice period. The Client remains liable for all monthly fees due during the notice period.
Upon termination, the Agency will provide reasonable assistance to migrate the website or deliverables to a new provider; migration fees may apply.
Where PPC or ad management services are provided, ad spend is paid directly to the relevant platform (e.g. Google, Meta) by the Client. The Agency applies no markup on ad spend.
The Agency warrants that all work will be carried out with reasonable skill and care.
The Agency does not guarantee specific search engine rankings, conversion rates, or advertising results.
The Agency's total liability under this Agreement shall not exceed the total fees paid by the Client for the Project.
The Agency is not liable for indirect, consequential, or loss-of-profit damages.
Either party may terminate this Agreement with 14 days' written notice.
Upon termination, the Client is liable for all work completed to date, billed on a pro-rata basis.
The deposit is non-refundable if the Client terminates after work has commenced.
Termination of the one-time Project does not automatically terminate any ongoing monthly services, which are governed separately under Section 9.
This Agreement is governed by the laws of the State of Florida, United States. Any disputes shall be subject to the exclusive jurisdiction of the courts of Palm Beach County, Florida.
These Terms and Conditions, together with the accepted Proposal, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.