Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you ("you," "Client") and Visual Works ("we," "our," "us"). By visiting visualworksmd.com, applying for a project, or paying an invoice, you agree to these Terms. If you do not agree, do not use our services.

2. Eligibility

You must be at least 18 years old and authorized to enter into a contract on behalf of yourself or the business you represent.

3. Services

Visual Works provides custom website design, development, and ongoing maintenance for local businesses. The scope of each engagement is defined in writing before work begins (via proposal, statement of work, or onboarding questionnaire).

4. Payment Terms

Flat-fee projects: a one-time fee is charged upfront via Stripe before work begins. Once the build has started (typically within 24 hours of payment), the fee is non-refundable.

Monthly retainers: billed in advance each month and may be cancelled at any time with 30 days' written notice. No partial-month refunds.

Late payments accrue interest at 1.5% per month or the maximum allowed by law. We may suspend services on accounts more than 14 days past due.

5. Deliverables & Timeline

We aim to deliver your initial website within a reasonable timeframe agreed on the intake call, after receiving your completed onboarding questionnaire and all necessary assets. Delays caused by missing client information, slow approvals, or third-party services extend the timeline accordingly.

6. Revisions

One round of revisions is included in the flat fee. Additional revisions are covered under an active monthly retainer or billed separately at our then-current rate. Out-of-scope requests (new pages, new features, brand changes) will be quoted before work begins.

7. Client Responsibilities

You agree to provide accurate information, timely feedback, and any required assets (logos, copy, product info, third-party logins) needed to complete the project. You represent that you own or have the right to use all content you provide to us.

8. Acceptable Use

We will not build, host, or maintain sites that promote illegal activity, hate speech, harassment, fraud, malware, adult content, or anything that infringes a third party's intellectual property. We reserve the right to refuse or terminate any project that violates this clause.

9. Intellectual Property

Upon full payment, you own all final website content and custom design assets produced specifically for your project. We retain ownership of underlying tools, components, frameworks, and code libraries we use across projects, and a perpetual license to display your finished site as part of our portfolio and case studies.

10. Third-Party Services

Your site may rely on third-party services (hosting, payment, email, analytics, etc.). You are responsible for their fees and for accepting their terms. We are not liable for outages, changes, or failures of any third-party service.

11. Warranty Disclaimer

Our services and the Site 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 that the Site will be uninterrupted, error-free, or completely secure.

12. Limitation of Liability

To the maximum extent permitted by law, Visual Works is not liable for any indirect, incidental, special, consequential, or punitive damages — including lost revenue, lost leads, lost profits, or business interruption — arising out of or related to your use of our services or the Site. Our total liability for any claim is capped at the fees you paid us in the 3 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Visual Works, its owners, and contractors from any claim or demand (including reasonable legal fees) arising out of your content, your use of our services, or your violation of these Terms or any law.

14. Termination

Either party may terminate a retainer with 30 days' written notice. We may terminate immediately for non-payment, abusive behavior, or breach of these Terms. Sections covering payment, IP, warranty disclaimer, liability, and indemnification survive termination.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Maryland, USA, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Maryland, and you consent to that jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date at the top of this page. Continued use of our services after changes constitutes acceptance.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

18. Contact

Questions? Email info@visualworksmd.com or call (240) 841-5264.

Visual Works — Laurel, MD, USA