Website Design & Development Policy

eBurst Services Inc
Effective Date: October 25, 2025

This Website Design & Development Agreement (“Agreement”) is a legally binding contract between eBurst Services Inc, a Florida corporation (“Company,” “Developer,” “we,” “our,” or “us”), and any individual or entity purchasing services (“Client,” “you,” or “your”).

By purchasing services, remitting payment, approving a proposal, or permitting work to commence, Client irrevocably agrees to be bound by the terms below.

1. Scope of Services

Services are limited exclusively to the scope defined in the selected package or written proposal.

Any request outside the defined scope, including but not limited to additional functionality, integrations, redesign, structural changes, content modifications, or expanded features, shall constitute additional billable services at Company’s sole discretion.

The Company reserves the right to refuse or discontinue services that violate federal, state, or local law.

2. Payment Terms & Enforcement

2.1 Payment Obligation

All fees are due as outlined in the selected package or invoice. No ownership rights transfer until payment is made in full.

Failure to pay entitles Company to:

  • Suspend services
  • Disable website access
  • Remove website from hosting
  • Withhold delivery files
  • Pursue legal collection remedies

Client agrees to pay all reasonable collection costs, including attorney’s fees, court costs, arbitration fees, and interest at the maximum rate permitted by Florida law.

3. Ownership & Intellectual Property

3.1 Pre-Payment Ownership

Until full payment is received:

  • All designs, drafts, code, graphics, and materials remain the sole intellectual property of eBurst Services Inc.
  • Client receives no license, ownership interest, or usage rights.

3.2 Transfer Upon Full Payment

Upon full payment:

  • The website becomes the sole property of Client.
  • Company retains the right to display the project in its portfolio and marketing materials indefinitely.

No transfer occurs if payment is reversed, disputed, or charged back.

4. Completion & Launch

A website is deemed complete upon launch.

Launch is defined as:

  • Deployment to a live public domain, OR
  • Delivery to Client’s hosting server.

Upon launch:

  • Project obligations are fulfilled.
  • The build is considered accepted.
  • Any further modifications are billable services.

5. Revision Policy (Zero Tolerance)

All revision requests must be submitted in one consolidated written communication.

Piecemeal revision submissions will:

  • Be treated as separate revisions
  • Incur additional fees

If Client changes their mind, requests drastic design alterations, structural redesign, or scope changes after mock approval, such request shall constitute a new build, requiring a new agreement and payment.

6. Client Content Responsibility

Client is solely responsible for providing:

  • All written copy
  • Legal disclaimers
  • Compliance content
  • Product descriptions
  • Images and branding assets

6.1 Copywriting Fees

Copy written by Company is billed at $25 per 100 words per page.

6.2 AI-Generated Content

If Client uses AI-generated content:

  • Client assumes full responsibility for accuracy and compliance.
  • Company is not liable for inaccuracies or regulatory violations.

7. Stock Image Limitations

Included:

  • 20 stock images for Non-eCommerce sites
  • 50 stock images for eCommerce sites

Additional stock images: $5 per image.

8. Approval & Errors

Client must review and approve website prior to launch.

After approval and launch:

  • Company is not responsible for spelling errors.
  • Company is not responsible for grammatical errors.
  • Company is not responsible for factual inaccuracies.

Approval constitutes full acceptance.

9. Accessibility & Compliance

Websites are built following:

  • WAI guidelines
  • WCAG standards
  • Industry best practices

Company does not guarantee immunity from accessibility or regulatory claims due to future content changes or third-party integrations.

10. Federal & Regulatory Compliance

Services are subject to:

  • United States Federal Laws
  • Federal Rules and Regulations
  • DMCA
  • FTC Regulations
  • Applicable privacy and consumer protection laws

Client assumes full responsibility for ensuring their website content complies with all laws.

11. Chargeback & Payment Dispute Protection

Client expressly agrees:

  • Not to initiate chargebacks or payment reversals without first providing written notice and allowing Company 15 business days to cure any alleged issue.
  • Any chargeback initiated after services have begun or after delivery constitutes material breach of this Agreement.

If Client initiates a chargeback:

  • Ownership rights are immediately revoked.
  • Company may suspend or remove website access.
  • Client is responsible for all chargeback fees, administrative costs, attorney’s fees, and collection costs.
  • Client agrees to provide written confirmation withdrawing the chargeback.
  • Company may pursue legal remedies in Florida.

Fraudulent chargebacks may be reported to payment processors and appropriate authorities.

12. Limitation of Liability

To the maximum extent permitted by law:

Company shall not be liable for:

  • Lost profits
  • Loss of revenue
  • Business interruption
  • Regulatory fines
  • Indirect or consequential damages
  • Third-party lawsuits

Total liability shall not exceed the total amount paid by Client.

13. Indemnification

Client agrees to indemnify, defend, and hold harmless Company from all claims, damages, liabilities, regulatory actions, fines, or lawsuits arising from:

  • Client-provided content
  • Copyright or trademark infringement
  • Regulatory violations
  • False advertising
  • Product claims
  • Consumer disputes

This provision survives termination.

14. Governing Law & Exclusive Jurisdiction (Florida)

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Client expressly agrees that:

  • Florida law controls all disputes.
  • Venue shall be exclusively in Palm Beach County, Florida.
  • Client consents to personal jurisdiction in Florida courts and arbitration forums.

15. Mandatory Binding Arbitration & Class Action Waiver

Any dispute arising from this Agreement shall be resolved exclusively by binding arbitration conducted in Palm Beach County, Florida.

Arbitration shall:

  • Be administered pursuant to the rules of the American Arbitration Association (AAA).
  • Be conducted before a single arbitrator.
  • Be final and binding.

Client waives:

  • Right to jury trial
  • Right to participate in class actions
  • Right to consolidated or representative claims

Judgment upon arbitration award may be entered in any court of competent jurisdiction.

16. Severability

If any provision is found unenforceable, remaining provisions remain valid and enforceable.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions.

No modification is valid unless in writing and signed by both parties.

18. Acceptance

By purchasing services, submitting payment, approving a proposal, or allowing work to begin, Client acknowledges and agrees to this legally binding Agreement.