TERMS OF USE

1. AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Jared Elejorde, operating as Digital Websphere (“we,” “us,” or “our”), regarding your use of the website at digitalwebsphere.com (the “Site”) and any web design, development, or related services we provide (collectively, the “Services”).

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.

2. USE OF THE SITE

2.1 Permitted Use

You may use the Site for lawful purposes only and in accordance with these Terms. You agree not to use the Site:
• In any way that violates applicable local, national, or international laws or regulations
• To transmit unsolicited commercial communications (spam)
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
• To attempt to gain unauthorized access to any portion of the Site or its related systems

2.2 Accuracy of Information

We strive to keep the information on the Site accurate and current, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or availability of the Site or its content.

3. INTELLECTUAL PROPERTY

All content on this Site — including but not limited to text, graphics, logos, images, design elements, and code — is the property of Digital Websphere or its content suppliers and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content on the Site without our prior written permission.

Portfolio items showcased on the Site may include work created for clients. Reproduction of client work remains subject to the terms of the applicable client service agreement.

4. CLIENT SERVICES & PROJECT WORK

4.1 Service Agreements

All web design, development, maintenance, and related services are governed by a separate written service agreement or project contract. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall prevail.

4.2 Client Responsibilities

Clients engaging our Services agree to:
• Provide accurate and timely information necessary to complete the project
• Review and provide feedback within agreed timelines
• Ensure they hold necessary rights to any materials provided for use in the project
• Pay all fees in accordance with the agreed payment schedule

4.3 Payment Terms

Unless otherwise specified in your service agreement:
• A deposit (typically 50%) is required before project work commences
• The remaining balance is due prior to final file delivery or site launch
• Late payments may result in a pause of services

All fees are quoted and payable in the currency specified in your project proposal.

4.4 Revisions and Scope

Project proposals include a defined scope of work and a specified number of revision rounds. Work requested beyond the agreed scope will be quoted and billed separately.

5. DISCLAIMERS

THE SITE AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee specific results from our Services, including but not limited to search engine rankings, traffic levels, or business outcomes.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Digital Websphere and Jared Elejorde shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising under these Terms shall not exceed the total amount paid by you to us for the specific Services giving rise to the claim in the three (3) months preceding the claim.

7. THIRD-PARTY TOOLS AND PLATFORMS

Our services may involve the use of third-party platforms, plugins, or tools such as WordPress, Elementor, WooCommerce, Hostinger, and others. We are not responsible for the availability, functionality, or changes to any third-party platforms. Your use of such platforms is subject to their respective terms of service.

8. WEBSITE MAINTENANCE SERVICES

Where ongoing website maintenance retainers are engaged, services are provided on a monthly basis and may include security updates, backups, content changes, and performance monitoring as specified in the retainer agreement. Maintenance services do not cover issues arising from third-party platform changes, client modifications, or circumstances beyond our control.

9. TERMINATION

We reserve the right to suspend or terminate your access to the Site or any Services at our sole discretion, without notice, for conduct we believe violates these Terms or is harmful to us, other users, or third parties.

Either party may terminate a service engagement in accordance with the terms of the applicable service agreement.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. For US-based clients, any disputes shall first be attempted to be resolved through good-faith negotiation.

Any disputes that cannot be resolved informally shall be submitted to binding arbitration or a court of competent jurisdiction in the Philippines, unless otherwise agreed in writing.

11. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised Effective Date. Your continued use of the Site following any changes constitutes acceptance of the revised Terms.

12. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. CONTACT INFORMATION

Digital Websphere
Operated by: Jared Elejorde
Contact: https://digitalwebsphere.com/contact/