Terms of Service

1. Company Information

Espitia Digital LLC is a Florida limited liability company based in Weston, Broward County, Florida. Contact: support@espitiadigital.com.

2. Relationship to Project Agreements

Site content about packages, pricing, timelines, and deliverables is general information only and is not a binding offer. A paid project is governed by the written proposal, SOW, invoice terms, or other agreement we issue and you accept (the “Project Agreement”).

If there is a conflict between these Terms and a Project Agreement, the Project Agreement controls for that project. These Site Terms still govern your use of the Site itself.

3. Eligibility and Acceptable Use

You must be at least 18 years old and able to form a binding contract to use the Site or hire us. You agree to use the Site only for lawful purposes and not to: attempt unauthorized access; interfere with Site security or operation; submit malware, spam, or deceptive content; scrape the Site in an abusive manner; or misrepresent your identity or authority.

We may suspend or restrict access to the Site for conduct we reasonably believe violates these Terms or creates risk for us or others.

4. Site Intellectual Property

The Site and its content—including text, design, graphics, logos, layout, code, animations, and branding—are owned by Espitia Digital or our licensors and protected by U.S. and international intellectual-property laws. You may not copy, modify, distribute, publicly display, or create derivative works from Site content without our prior written permission, except for limited personal viewing or fair use as allowed by law.

“Espitia Digital” and related marks are our trademarks. Client names and marks shown in portfolio examples remain the property of those clients.

5. Services, Scope, and Changes

Services may include custom website design and development and related consulting, content, or digital work described in your Project Agreement. Timelines (including typical 7–10 day ranges mentioned on the Site) are estimates and depend on timely client feedback, content, approvals, and third-party factors.

Changes outside the agreed scope (“change requests”) may require additional fees and revised timelines. We will confirm material scope changes in writing before performing billable out-of-scope work when practical.

6. Client Responsibilities

You agree to provide accurate business information, brand assets, copy, images, logins, and feedback needed for the project within agreed timeframes. Delays in providing materials or approvals may extend delivery dates without liability to us.

You represent that you own or have rights to use all materials you supply, and that those materials do not infringe third-party IP, privacy, publicity, or other rights. You are responsible for the legality of your business content and for any claims arising from materials you provide.

7. Fees, Deposits, and Payment

Fees, deposits, payment schedules, and refund rules are set in the Project Agreement or invoice. Unless otherwise agreed in writing: (a) a deposit may be required before work begins; (b) deposits are generally non-refundable once work has started; (c) invoices are due by the stated due date; and (d) we may pause work for overdue balances after notice.

Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Florida law, and you agree to pay reasonable collection costs if we must pursue unpaid fees. Prices exclude taxes unless stated otherwise; you are responsible for applicable taxes.

8. Intellectual Property in Client Deliverables

Until full payment of all fees due for a project, Espitia Digital retains all right, title, and interest in draft and final deliverables, and you receive only a limited license for internal review.

Upon full payment, and unless the Project Agreement states a different license model, we assign to you the rights in the final, accepted custom deliverables created specifically for your project (for example, custom page designs and custom code uniquely produced for you), excluding Background IP and third-party materials.

Background IP: We retain all rights in our pre-existing tools, frameworks, libraries, components, design systems, workflows, know-how, and non-client-specific code or assets (“Background IP”). Upon full payment, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use Background IP solely as embodied in the delivered work for your business website.

Third-party materials (fonts, stock images, plugins, themes, SaaS platforms, icons, open-source libraries, etc.) remain subject to their own licenses. You agree to comply with those licenses. We will identify material third-party dependencies in the Project Agreement or handoff notes when reasonably practical.

Portfolio rights: Unless your Project Agreement says otherwise, we may display completed work, screenshots, and your business name/logo in our portfolio, website, social media, and marketing after public launch.

9. Revisions, Acceptance, and Launch

Revision rounds included in a package are defined in the Project Agreement. Additional revisions may be billed at our then-current rates. You agree to review deliverables promptly. If you do not provide written objections within the review period stated in the Project Agreement (or within seven (7) days if none is stated), deliverables may be deemed accepted.

Launch may depend on your providing DNS access, hosting credentials, content finalization, and final payment as applicable.

10. Warranties and Disclaimers

For paid projects, we warrant that we will perform services in a professional and workmanlike manner consistent with ordinary industry practice. Except as expressly stated in a Project Agreement, the Site and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee uninterrupted Site access, specific Google rankings, lead volume, conversion rates, sales results, or other business outcomes. Those depend on many factors outside our control, including your offer, market, ads, operations, and follow-up.

11. Limitation of Liability

To the fullest extent permitted by law, Espitia Digital and its members, officers, contractors, and agents are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising from the Site or our services, even if advised of the possibility of such damages.

Our total aggregate liability for any claim relating to the Site or a project will not exceed the fees you actually paid us for the specific services giving rise to the claim during the three (3) months before the event. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Espitia Digital and its members, officers, contractors, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of: (a) materials you supply; (b) your misuse of the Site or deliverables; (c) your violation of these Terms or applicable law; or (d) your business operations and customer relationships.

13. Termination

Either party may terminate a project as provided in the Project Agreement. If none is stated: you may terminate for convenience by written notice and will pay for work performed and non-cancelable costs through the termination date; we may terminate or suspend for non-payment, material breach, or unlawful/abusive conduct after written notice and a reasonable cure period when cure is practicable.

Sections that by nature should survive (including IP, payment, disclaimers, limitation of liability, indemnity, and governing law) survive termination.

14. Third-Party Services and Links

The Site may link to third-party services such as WhatsApp. Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party content, availability, or practices.

Hosting, domains, email, payment processors, and other tools you purchase or manage for your own website are your responsibility unless expressly included in a Project Agreement.

15. Confidentiality

Each party agrees to keep confidential non-public business information received from the other in connection with a project and to use it only to perform under the Project Agreement, except for information that is public, independently developed, or required to be disclosed by law.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Exclusive venue for disputes lies in the state or federal courts located in Broward County, Florida, unless your Project Agreement specifies a different Florida venue. You consent to personal jurisdiction in those courts.

Before filing a lawsuit, the parties will attempt in good faith to resolve disputes informally for at least fifteen (15) days after written notice of the dispute.

17. Changes to These Terms

We may update these Terms by posting a revised version on this page with an updated “Last updated” date. Continued use of the Site after changes constitutes acceptance. For active paid projects, material changes to service terms will not retroactively alter a signed Project Agreement unless both parties agree in writing.

18. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. These Terms, together with the Privacy Policy and any Project Agreement, are the entire agreement regarding the Site and, as applicable, the services described here.

These Terms do not create a partnership, joint venture, or employment relationship.

19. Contact

Espitia Digital LLC · Weston, FL · support@espitiadigital.com