Terms of Service
Effective Date: September 3, 2026
Welcome to the website of Robert B. McConnell / McConnell Web Studio (“we,” “us,” or “our”). By accessing or using this website, engaging our services, or entering into a project with us, you agree to these Terms of Service (“Terms”).
If you do not agree with these Terms, please do not use our website or services.
1. Our Services
We provide professional brand and digital strategy services, which may include:
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Brand strategy and positioning
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Brand messaging
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Visual identity and logo development
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Digital brand systems
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Website strategy
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UX/UI design
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Website design and development
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WordPress development
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E-commerce development
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Search engine optimization (SEO) foundations
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Digital consulting
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Website maintenance and support
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Other creative, strategic, and digital services agreed upon with the client
The specific services, deliverables, timeline, fees, and responsibilities for each project will be outlined in a proposal, statement of work, estimate, or separate agreement.
2. Project Agreements
Before beginning a project, we may provide a proposal, estimate, scope of work, or project agreement.
The project agreement will establish the specific terms of the engagement, including:
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Scope of services
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Deliverables
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Project timeline
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Fees and payment schedule
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Client responsibilities
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Number of revisions
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Third-party services or expenses
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Ownership and licensing terms
If there is a conflict between these Terms and a signed project agreement, the signed project agreement will control for that specific project.
3. Fees and Payment
All project fees will be communicated to the client before work begins.
Unless otherwise agreed in writing:
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A deposit or initial payment may be required before work begins.
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Remaining balances are due according to the payment schedule established in the project agreement.
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Payments are non-refundable once work has been completed or committed to the project, except where otherwise required by law or agreed in writing.
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Work may be paused if an invoice becomes overdue.
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We reserve the right to withhold final files, website launch, credentials, or other deliverables until outstanding balances are paid in full.
Additional work outside the agreed scope may be billed separately.
4. Scope Changes and Additional Work
Projects are based on an agreed scope.
Requests that materially change the project’s scope, functionality, strategy, content, design direction, or technical requirements may result in additional fees and/or changes to the project timeline.
Additional work will generally require client approval before proceeding.
5. Client Responsibilities
The client agrees to provide the information, content, materials, approvals, access credentials, and feedback reasonably necessary to complete the project.
The client is responsible for ensuring that materials supplied to us—including text, photographs, trademarks, logos, videos, documents, and other content—may legally be used for the project.
Delays caused by missing content, delayed feedback, unavailable approvals, or lack of access may affect the project timeline.
6. Content and Client Materials
Unless otherwise agreed, the client retains ownership of original materials provided by the client.
The client grants us permission to use those materials solely for the purpose of providing the contracted services.
The client represents that they have the necessary rights and permissions to provide such materials.
We are not responsible for claims arising from materials supplied by the client.
7. Intellectual Property
Upon full payment of all applicable fees, the client will receive the rights specifically granted in the applicable project agreement.
Unless otherwise stated in writing, we retain ownership of our pre-existing materials, processes, concepts, frameworks, templates, tools, code libraries, techniques, and know-how used in creating the project.
Third-party assets, software, fonts, plugins, stock photography, themes, applications, APIs, and other licensed materials remain subject to their respective licenses and terms.
We may retain the right to display completed work in our portfolio, website, social media, presentations, and other promotional materials unless the client requests otherwise in writing.
8. Website Development
For website projects, we may use third-party platforms and technologies such as WordPress, hosting providers, plugins, APIs, payment processors, analytics platforms, and other software.
Third-party platforms and services are subject to their own terms, pricing, availability, and policies.
We do not guarantee that third-party services will remain available, compatible, secure, or unchanged.
Unless specifically included in the project agreement, ongoing hosting, software subscriptions, plugin licenses, domain registration, security monitoring, maintenance, content updates, and third-party service fees are the client’s responsibility.
9. SEO and Performance
We may provide SEO strategy, technical foundations, content recommendations, or website optimization.
SEO results depend on numerous factors outside our control, including search engine algorithms, competition, industry conditions, content, backlinks, technical changes, and search behavior.
Therefore, we do not guarantee specific search rankings, traffic levels, leads, sales, or revenue.
Similarly, website performance can be affected by hosting, third-party software, content, traffic, devices, browsers, and network conditions. We do not guarantee a specific performance score unless expressly agreed upon in writing.
10. Revisions and Approvals
The number of revisions included in a project will be defined in the applicable project agreement.
Client feedback should be consolidated and provided within the agreed review period.
Significant changes requested after approval of a deliverable may be treated as additional work.
Once a deliverable has been approved, we may proceed to the next phase of the project.
11. Project Delays and Pauses
We will make reasonable efforts to meet agreed deadlines.
However, timelines may change due to:
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Delayed client feedback
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Missing content
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Changes to project scope
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Third-party delays
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Technical issues
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Unexpected circumstances
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Delays in approvals or decision-making
If a project is inactive for an extended period because of client delays, we may reschedule the project based on our availability and may require additional fees to restart the project.
12. Cancellation and Termination
Either party may request termination of a project subject to the terms of the applicable project agreement.
If the client terminates a project after work has begun, the client remains responsible for payment for work completed, time committed, approved expenses, and non-cancellable third-party costs incurred up to the termination date.
We may terminate or suspend services if the client fails to make required payments, materially breaches these Terms, or engages in abusive, unlawful, or inappropriate conduct.
13. Portfolio and Publicity
Unless otherwise agreed in writing, we may showcase completed work created for the client as part of our professional portfolio.
This may include screenshots, designs, logos, websites, case studies, descriptions of the project, and publicly available information about the client.
Confidential information will not knowingly be disclosed for promotional purposes.
14. Confidentiality
We will make reasonable efforts to protect confidential information provided by the client.
Confidential information does not include information that:
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Is publicly available;
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Was already known to us;
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Becomes publicly available through no fault of ours;
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Is independently developed;
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Is required to be disclosed by law.
Additional confidentiality obligations may be established through a separate confidentiality or non-disclosure agreement.
15. Third-Party Services
Projects may rely on third-party products and services.
These may include hosting providers, domain registrars, WordPress plugins, fonts, stock assets, payment processors, analytics services, email platforms, APIs, and other technology providers.
We are not responsible for outages, pricing changes, discontinued services, security incidents, policy changes, or other issues caused by third-party providers.
16. Website Use
You agree not to use this website:
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For unlawful purposes;
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To interfere with the operation or security of the website;
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To attempt unauthorized access;
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To distribute malicious software;
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To infringe intellectual property rights;
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To engage in fraudulent or abusive activity.
We reserve the right to restrict or terminate access to the website where appropriate.
17. Disclaimer
Our services are provided on a professional services basis.
We make reasonable efforts to provide high-quality strategic, creative, and technical services. However, we do not guarantee that our services will produce a particular business outcome, including a specific number of leads, customers, sales, revenue, search rankings, or return on investment.
Business results depend on numerous factors outside our control.
18. Limitation of Liability
To the maximum extent permitted by applicable law, we will not be liable for indirect, incidental, consequential, special, or punitive damages arising from the use of our website or services.
Our total liability relating to a project or service will not exceed the total amount actually paid to us by the client for the specific services giving rise to the claim, except where such limitation is prohibited by law.
19. Indemnification
To the extent permitted by law, the client agrees to indemnify and hold harmless our business and its owners, contractors, and representatives from claims, damages, liabilities, costs, or expenses arising from:
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Client-provided materials;
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Client’s unlawful use of the website or services;
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Client’s violation of these Terms;
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Client’s violation of third-party rights.
20. Force Majeure
We will not be responsible for delays or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet or infrastructure failures, cyber incidents, labor disruptions, illness, or failures of third-party service providers.
21. Governing Law
These Terms will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Any disputes arising from these Terms or our services will be handled in a court of competent jurisdiction as permitted by applicable law.
22. Changes to These Terms
We may update these Terms from time to time.
The updated version will be posted on this website with a revised effective date. Continued use of our website or services after changes become effective constitutes acceptance of the updated Terms, to the extent permitted by law.
23. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
24. Entire Agreement
These Terms, together with any applicable proposal, statement of work, project agreement, or other written agreement between us and the client, constitute the agreement governing the applicable services.
25. Contact
If you have questions regarding these Terms of Service, please contact:
Robert B. McConnell / McConnell Web Studio
Tampa, Florida, USA
Website: robertbmcconnell.com