TERMS AND CONDITIONS
Last Updated: August 22, 2025
These Terms and Conditions ("Terms") govern your use of the services provided by Hailey Osborne Designs ("we," "us," or "our"), including but not limited to web design, web development, digital marketing, search engine optimization (SEO), social media management, and related services (collectively, "Services"). By engaging our Services or accessing our website www.haileyosbornedesigns.com, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree with these Terms, you should not use our Services.
1. Services
Scope of Services:
We will provide the Services as outlined in the project proposal, contract, or statement of work ("Agreement") agreed upon by both parties. The Agreement will specify the scope, deliverables, timeline, and fees for the Services.
Changes to Scope:
Any changes to the scope of Services must be agreed upon in writing. Additional work outside the original scope may incur extra fees, which will be communicated and approved before proceeding.
Client Cooperation:
You agree to provide all necessary materials, information, and feedback (e.g., content, images, or approvals) in a timely manner to enable us to perform the Services. Delays in providing materials may result in project delays, and we are not responsible for such delays.
2. Payment Terms
Fees:
Fees for Services will be outlined in the Agreement. Unless otherwise stated, all fees are quoted in USD.
Payment Schedule:
Payments are due as specified in the Agreement, typically requiring a deposit before work begins and the balance upon completion or according to a milestone schedule. Invoices are due within 14 days of issuance unless otherwise agreed.
Late Payments:
Late payments may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend Services or withhold deliverables until payment is received.
Refunds:
Deposits and fees paid for Services are non-refundable unless otherwise stated in the Agreement. If you terminate the Agreement prematurely, you remain responsible for payment for work completed up to the termination date.
3. Client Responsibilities
Content:
You are responsible for providing accurate, lawful, and non-infringing content for use in the Services. You warrant that you have the necessary rights or licenses for all content provided to us.
Compliance:
You agree to comply with all applicable laws, regulations, and third-party terms (e.g., social media platform policies) in connection with your use of our Services.
Approvals:
You are responsible for reviewing and approving deliverables in a timely manner. Failure to provide feedback within the agreed timeframe may result in project delays.
4. Intellectual Property
Ownership of Deliverables:
Upon full payment, you will own the final deliverables as specified in the Agreement (e.g., website design or marketing materials), subject to any third-party licensing restrictions. We retain ownership of all preliminary designs, drafts, or proprietary tools unless otherwise agreed.
Agency Rights:
We retain the right to use deliverables in our portfolio, marketing materials, or case studies unless otherwise agreed in writing. We may also use open-source or third-party tools, which are subject to their respective licenses.
Client Content:
You grant us a non-exclusive, royalty-free license to use, modify, and reproduce content you provide for the purpose of performing the Services.
5. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the Services, except as required by law or with prior written consent.
6. Warranties and Disclaimers
Service Warranty:
We warrant that our Services will be performed in a professional manner consistent with industry standards. We do not guarantee specific results, such as website traffic, search engine rankings, or sales, as these depend on factors beyond our control.
Third-Party Services:
We are not responsible for the performance or availability of third-party services (e.g., hosting providers, advertising platforms, or social media networks) used in connection with our Services.
Disclaimer:
Except as expressly stated, we make no warranties, express or implied, regarding the Services, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
7. Limitation of Liability
To the fullest extent permitted by law, our liability for any claim arising from these Terms or the Services is limited to the amount paid by you for the Services. We are not liable for indirect, consequential, or incidental damages, including but not limited to loss of profits, data, or business opportunities.
8. Termination
Termination by Either Party:
Either party may terminate the Agreement with written notice if the other party breaches these Terms and fails to remedy the breach within 14 days. You remain responsible for payment for Services rendered prior to termination.
Suspension of Services:
We may suspend Services if you fail to make payments or provide necessary materials as agreed.
9. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your content, your use of the Services, or your breach of these Terms, including any violation of third-party rights.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of Virginia, United States. Any disputes arising from these Terms will be resolved through negotiation or, if necessary, in the courts of Loudoun County.
11. Changes to Terms
We may update these Terms from time to time. The updated Terms will be posted on our website www.haileyosbornedesigns.com/terms-and-conditions with a revised "Last Updated" date. Continued use of our Services after changes constitutes your acceptance of the new Terms.
12. Contact Us
If you have questions about these Terms, please contact us at:
Hailey Osborne Designs
hailey@haileyosbornedesigns.com
Thank you for choosing Hailey Osborne Designs for your web design and digital marketing needs!