Terms of Service

Scope of Services:

1. Ortiz Design and Development agrees to provide website design, development, and related services as outlined in the project proposal, contract, or statement of work ("SOW") agreed upon by both parties. The scope of Services may include, but is not limited to, website design, coding, testing, and deployment. Any additional services beyond the agreed-upon scope will require a separate agreement or amendment and may incur additional fees.
2. The specific details of the services, including pricing, timelines, and deliverables, will be agreed upon in a separate written agreement or project proposal.

Client Responsibilities:

1. Provide all necessary content, materials, and information (e.g., text, images, logos) in a timely manner and in the formats specified by Ortiz Design and Development.
2. Respond promptly to requests for feedback, approvals, or additional information.
3. Ensure that all materials provided do not infringe on third-party rights, including intellectual property or privacy rights. Failure to meet these responsibilities may result in project delays, additional costs, or termination of the project at our discretion.

Project Delivery and Revisions:

1. Timeline: Project timelines will be outlined in the SOW. Delays caused by the Client (e.g., late submission of materials) may extend deadlines without penalty to Ortiz Design and Development.
2. Revisions: The Client is entitled to a specified number of revision rounds as outlined in the SOW (typically two rounds unless otherwise agreed). Additional revisions beyond this limit may incur extra charges at our standard hourly rate.
3. Completion: The project is considered complete upon delivery of the final files or website launch, as agreed in the SOW, and Client approval (or lack of response within 7 business days of delivery).

Intellectual Property:

1. Ownership: Upon full payment, the Client will own the final website design and deliverables as specified in the SOW, excluding any proprietary tools, frameworks, or third-party assets used by Ortiz Design and Development.
2. Our Rights: We retain ownership of all preliminary designs, concepts, code libraries, or tools developed by us that are not part of the final deliverables. We reserve the right to showcase the project in our portfolio, marketing materials, or website unless otherwise agreed in writing.
3. Client Materials: The Client warrants that all materials provided to us are owned by the Client or that the Client has the legal right to use them. The Client indemnifies us against any claims arising from the use of such materials.

Payment Terms:

1. Fees: Project fees and payment schedules will be detailed in the SOW. A deposit (typically 50% of the total fee) is required before work begins, with the balance due upon project completion or as otherwise agreed.
2. Late Payments: Payments not received within 7 days of the due date will incur a late fee of 1.5% per month on the outstanding balance. Work may be paused until payment is received.
3. Additional Costs: Any costs for third-party services (e.g., hosting, domain registration, stock images) are the Client’s responsibility unless included in the SOW.

Confidentiality:

1. Both parties agree to keep confidential any proprietary or sensitive information shared during the project, including business plans, trade secrets, or personal data, unless required by law or with written consent. This obligation survives the termination of these Terms.

Limitation of Liability:

1. Ortiz Design and Development will perform Services with reasonable care and skill. However:
2. We are not liable for indirect, incidental, or consequential damages, including lost profits or data, arising from the use of our Services.
3. Our total liability shall not exceed the fees paid by the Client for the specific project
4. We are not responsible for issues caused by third-party services (e.g., hosting providers) or Client modifications to the delivered work.

Termination:

1. By Either Party: Either party may terminate the project with written notice if the other party breaches these Terms and fails to remedy the breach within 14 days.
2. By Us: We may terminate the project immediately if the Client fails to make payments or provides materials that violate third-party rights.
3. Effect of Termination: Upon termination, the Client will pay for all work completed up to that point. Any prepaid fees for uncompleted work will be refunded, minus outstanding balances.

Governing Law and Dispute Resolution:

1. These Terms shall be governed by the laws of The United States of America. Any disputes arising from these Terms will first be addressed through good-faith negotiation. If unresolved, disputes will be submitted to mediation or arbitration in Arkansas, USA before pursuing legal action, unless otherwise required by law.

Amendments:

1. We reserve the right to update these Terms at any time. Clients will be notified of significant changes in writing. Continued use of our Services after such changes constitutes acceptance of the amended Terms. Project-specific amendments must be agreed upon in writing by both parties.

Extra:

1. If you have any questions or concerns regarding these Terms, please contact us at ortizdesignanddevelopment @gmail.com.
2. By using our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

Updated: March 22, 2025