Terms of Service

1. Agreement

These Terms of Service govern your use of pelagicinteractive.com and any services provided by Pelagic Interactive (“we”, “us”), a website design and development studio located in Port Salerno, Florida, United States. By using this website or engaging our services you agree to these terms.

2. Services

We provide website design, website development, redesigns and migrations, website performance and search optimisation, ongoing care and hosting plans, and copywriting and content services. The exact scope of any engagement is defined in a written proposal or statement of work, which is agreed by both parties before work begins. Where a proposal conflicts with these terms, the proposal governs.

3. Quotes and pricing

Prices published on this website are indicative starting points in United States dollars (USD) and exclude any applicable taxes. Your final price is fixed in your written proposal and does not change unless you request a change to the agreed scope, in which case we will issue a written change order before performing the additional work.

4. Payment terms

Unless your proposal states otherwise:

• A deposit of 50% of the project fee is due before work is scheduled.
• The remaining balance is due before the site is made live.
• Care plan fees are billed monthly in advance.
• Invoices are issued through Zoho Invoice and are payable by credit card, debit card, or ACH bank transfer. Invoices are due on receipt unless otherwise stated.
• Invoices unpaid after 30 days may accrue a late fee of 1.5% per month, or the maximum permitted by Florida law, whichever is lower. We may suspend work or hosting on overdue accounts after written notice.

5. Delivery

Our services are delivered digitally. There is no physical shipment. Typical project timelines are three to six weeks from the completion of discovery, and are stated in your proposal. Timelines depend on your timely provision of content, feedback, and approvals. Delays caused by outstanding client materials extend the schedule accordingly.

6. Client responsibilities

You agree to provide accurate information, to supply content and feedback within the timeframes set out in the project schedule, and to warrant that any text, images, logos, or other materials you supply do not infringe the rights of any third party. You are responsible for the accuracy of all content published on your website.

7. Intellectual property

Upon receipt of final payment, you own the design, custom code, and content produced for your website. We retain ownership of any pre-existing tools, libraries, and internal frameworks used to build it, and grant you a perpetual, non-exclusive licence to use them as part of your website. Third-party software, including WordPress, plugins, themes, fonts, and stock imagery, remains subject to its own licence. We reserve the right to display the completed work in our portfolio and marketing materials unless you ask us in writing not to.

8. Revisions

The number of revision rounds included is stated in your proposal. Additional revisions are billed at our then-current hourly rate, quoted before the work is performed.

9. Third-party services

Websites we build rely on third-party services including hosting, domain registration, WordPress, Elementor, and payment processors. We are not responsible for outages, price changes, or policy changes made by those providers.

10. Warranties and disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. For 30 days after launch we will correct, at no charge, any defect in our work that prevents the website from functioning as specified. Beyond that warranty, the website and this website are provided “as is”. We do not warrant uninterrupted or error-free operation, and we make no guarantee of any particular search ranking, traffic volume, conversion rate, or business result.

11. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to any engagement is limited to the total fees you paid us for that engagement in the twelve months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

12. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in the course of an engagement, and to use it only for the purpose of that engagement.

13. Termination

Either party may terminate an engagement with written notice. Cancellation and refund consequences are set out in our Refund & Cancellation Policy, which forms part of these terms.

14. Acceptable use of this website

You may not use this website to transmit unlawful, harassing, or malicious content, to attempt to gain unauthorised access to our systems, or to scrape or reproduce our content without permission.

15. Governing law

These terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. The exclusive venue for any dispute is the state or federal courts located in Martin County, Florida.

16. Changes

We may revise these terms. The revision date is shown at the top of this page. Continued use of the website after changes are posted constitutes acceptance of the revised terms.

17. Contact

Pelagic Interactive
[Street Address]
Port Salerno, FL 34992, United States
hello@pelagicinteractive.com
(772) 000-0000