Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Poshtone ("Company," "we," "us," or "our") concerning your access to and use of our website and any related services (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Services.

2. Services Description

Poshtone provides web development, design, and digital marketing services, including but not limited to:

• Custom web application development
• Website design and development
• E-commerce solutions
• Search Engine Optimization (SEO)
• Digital marketing services
• Website maintenance and support
• Consulting and strategic planning

Specific services, deliverables, timelines, and pricing will be outlined in individual project proposals, statements of work, or service agreements.

3. User Eligibility

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account and Registration

Some features of our Services may require you to register for an account or provide information about yourself. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5. Project Engagement and Agreements

5.1 Proposals and Quotes

All project proposals and quotes are valid for 30 days from the date of issuance unless otherwise specified. Pricing is subject to change based on project scope modifications.

5.2 Project Scope

The scope of work for each project will be defined in a written agreement, proposal, or statement of work. Any changes to the agreed scope must be approved in writing and may result in additional fees and timeline adjustments.

5.3 Client Responsibilities

You agree to:

• Provide timely access to necessary materials, information, and resources
• Respond to requests for feedback and approvals within agreed timeframes
• Ensure you have rights to all content and materials you provide
• Designate a primary point of contact for the project

6. Payment Terms

6.1 Fees and Payment

Payment terms will be specified in your project agreement. Typically, we require:

• An initial deposit (usually 50%) before work commences
• Final payment upon project completion or as specified in milestones
• Payment within 15 days of invoice date unless otherwise agreed

6.2 Late Payments

Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate services for accounts with overdue balances.

6.3 Refunds

Deposits and payments for completed work are generally non-refundable. Refund eligibility will be determined on a case-by-case basis and may be subject to conditions outlined in your project agreement.

7. Intellectual Property Rights

7.1 Client-Provided Materials

You retain ownership of all materials, content, and intellectual property you provide to us. You grant us a license to use these materials solely for the purpose of delivering the agreed services.

7.2 Deliverables

Upon receipt of full payment, you will receive ownership rights to the final deliverables created specifically for your project, subject to the following:

• We retain rights to any pre-existing materials, tools, or frameworks used
• We retain the right to use general knowledge, techniques, and methodologies
• We may retain the right to use the work in our portfolio unless otherwise agreed
• Third-party components or software may be subject to their own licenses

7.3 Company Property

All rights in our website content, branding, logos, methodologies, and proprietary tools remain our exclusive property.

8. Confidentiality

Both parties agree to maintain confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation survives termination of the business relationship.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. For website development projects, we typically provide a warranty period for bug fixes and technical issues as specified in your agreement.

9.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific results, rankings, or traffic levels
• Warranties regarding third-party services, platforms, or integrations
• Guarantees of uninterrupted or error-free operation

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSHTONE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from third-party products, services, or platforms
• Any amount exceeding the fees paid for the specific service giving rise to the claim

11. Indemnification

You agree to indemnify and hold harmless Poshtone, its affiliates, and personnel from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms, (b) your violation of any law or rights of a third party, (c) content or materials you provide, or (d) your use of our Services.

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our Services or maintain a business relationship with us.

12.2 Termination

Either party may terminate a project or service agreement according to the terms specified in that agreement. Upon termination:

• You remain responsible for payment of services rendered
• We will deliver work completed to date (upon receipt of payment)
• Confidentiality obligations continue
• No refunds will be provided for non-refundable deposits or completed work

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after changes take effect constitutes acceptance of the modified Terms.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations.

14.2 Governing Law

These Terms are governed by the laws of the State of Virginia, United States, without regard to its conflict of law provisions.

14.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Virginia for resolution of any disputes.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and Poshtone regarding the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have questions about these Terms of Service, please contact us at: