Terms & Conditions

Last Updated: March 3, 2025

1. Introduction and Acceptance

Welcome to Brittney de la Rosa – Website Design (the “Site”). By accessing or using our Site, you agree to be bound by these Terms and Conditions (“Terms”), as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not use the Site.

These Terms govern not only your use of the Site but also, where applicable, any services provided by Brittney de la Rosa (“we,” “us,” or “our”), including website design and development services under our separate design agreement. In such cases, the provisions below relating to service engagement apply in addition to the specific contract terms.

2. Definitions
  • “User” or “You” means any visitor, customer, or client accessing or using the Site.
  • “Services” refers to website design and development services provided by us, as detailed in any separate agreement.
  • “Content” includes all text, images, graphics, logos, and other materials on the Site.
  • “Third-Party Services” means any external websites, tools, or resources linked from our Site.

 

3. Use of the Website
3.1 General Use and User Obligations
  • You agree to use the Site only for lawful purposes and in a manner that does not infringe or restrict the rights of any third party.
  • You agree not to engage in activities that may harm the Site’s functionality or interfere with other users’ access.
  • You are responsible for maintaining the confidentiality of any account information if you register with us.
3.2 Acceptable Use Policy
  • You shall not use the Site to distribute or post material that is illegal, defamatory, abusive, or otherwise objectionable.
  • You shall not attempt to gain unauthorized access to the Site, its systems, or user data.

 

4. Website Design and Development Services (For Clients)

If you are engaging us for website design and development services, the following apply:

4.1 Services Provided
  • We will design and develop a custom website using WordPress and Elementor on our subdomain, and upon final payment, transfer the website to your domain.
  • The Scope of Work, including all deliverables and any additional services, is detailed in your separate contract.
4.2 Project Scope, Timeline, and Revisions
  • We will deliver a fully functional website as outlined in the project proposal.
  • The project will follow a timeline for design drafts, reviews, and launch. Delays caused by the Client (e.g., late feedback or failure to supply content) may extend the timeline.
  • A set number of revision rounds are included; additional revisions will incur extra charges.
4.3 Payment Terms
  • The total cost for the design and development services is detailed in your proposal, as well as design contract, with a 50% deposit due upon signing the design contract and the remaining 50% due upon project completion, prior to domain transfer.
  • If payments are delayed beyond 7 days, we reserve the right to suspend services or withhold the website transfer.
4.4 Ownership & Intellectual Property (Design Services)
  • Ownership of the website design and all work produced remains with us until full payment is received.
  • Upon full payment, you will have full ownership of the completed website and its content, and we reserve the right to display the work in our portfolio.

 

5. Intellectual Property Rights
  • All content and design elements on the Site are protected by copyright and other intellectual property laws.
  • Unless otherwise expressly granted, you are granted a limited, non-exclusive, and non-transferable license to view and use the content solely for personal, non-commercial purposes.
  • You agree not to copy, distribute, modify, or create derivative works without our prior written consent.

 

6. Disclaimers and Limitation of Liability
6.1 Disclaimers
  • The information provided on the Site is for general informational purposes only. We do not warrant that the content is accurate, complete, or up-to-date.
  • Any reliance on the Site’s content is at your own risk.
  • For our design services, we will make reasonable efforts to ensure functionality upon launch; however, we are not responsible for issues arising from third-party hosting, domain services, or integrations.
6.2 Limitation of Liability
  • To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site or the Services.
  • Our total liability in any claim shall not exceed the total amount paid by you for the services rendered.

 

7. Third-Party Links and Content
  • Our Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of any third-party sites.
  • Inclusion of any link does not imply endorsement by us of the linked website.

 

8. Privacy and Data Protection
  • Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
  • By using the Site, you consent to the collection and processing of your data as described in our Privacy Policy.

 

9. Governing Law and Dispute Resolution
  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
  • Dispute Resolution: In the event of any dispute arising under these Terms, the Parties agree to first attempt an amicable resolution through negotiation. If a resolution cannot be reached, disputes may be submitted to mediation or binding arbitration in the courts located in Chesterfield County, VA.

 

10. Modifications and Termination
10.1 Modifications
  • We reserve the right to update or modify these Terms at any time. Any changes will be posted on the Site with an updated effective date.
  • Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms.
10.2 Termination
  • We may suspend or terminate access to the Site at our discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users.
  • For Services contracts, termination by either Party shall be governed by the terms set forth in the separate design agreement.

 

11. Additional Provisions
11.1 Accessibility Compliance
  • We commit to making our website accessible and will use reasonable efforts to comply with applicable accessibility standards (e.g., WCAG 2.1). However, we do not guarantee full compliance.
11.2 SEO and Website Testing
  • We will implement basic SEO measures (e.g., meta tags, alt text) on our website. No guarantees regarding search engine ranking are made.
  • We conduct website testing for functionality, browser compatibility, and mobile responsiveness. Minor post-launch issues may be resolved outside the scope of these Terms.
11.3 Post-Launch Changes and Maintenance
  • Significant changes or updates requested after launch may incur additional fees. Minor adjustments during a 30-day grace period post-launch may be provided at no extra charge.
  • Ongoing website maintenance and support will be subject to separate agreements.
11.4 Third-Party Services & Licensing
  • If our Site integrates with third-party services (e.g., payment processors, plugins), you acknowledge that such services are governed by their own terms and that we are not liable for their performance.
  • Any licensed third-party software or content used on the Site remains subject to the terms set forth by the respective licensors.
11.5 Client’s Intellectual Property (For Design Services)
  • For Clients engaging our design services, you retain ownership of all content you provide. You represent and warrant that you have the rights to use such content.
  • You are solely responsible for ensuring that any content provided does not infringe on the rights of third parties.

 

12. Entire Agreement and Severability
  • These Terms, together with our Privacy Policy and any separate agreements for Services, constitute the entire agreement between you and us regarding the use of our Site and our Services.
  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

 

13. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Brittney de la rosa
Scroll to Top