Terms of Service

1. Agreement to Terms

1.1 Acceptance of Terms

By accessing, browsing, or using this website or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. You also agree to comply with all applicable local, state, national, and international laws and regulations.

1.2 Eligibility

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

1.3 Business Use

Our Services are intended for business and commercial use. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Provided

2.1 Scope of Services

Anfisa Breus provides professional WordPress development services, including but not limited to:

• Custom WordPress theme development
• WooCommerce e-commerce solutions
• Custom plugin development
• Website migration and hosting transitions
• Performance optimization and speed improvements
• SEO implementation and optimization
• Website maintenance and support
• Consultation and technical advisory services

2.2 Service Specifications

Specific details of the services to be provided will be outlined in a separate Project Agreement, Statement of Work (SOW), or similar document. The Project Agreement will specify deliverables, timelines, milestones, and acceptance criteria.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

2.4 Third-Party Services

Our Services may integrate with or require third-party services, platforms, or software. We are not responsible for the availability, functionality, or terms of service of any third-party providers. You are responsible for complying with any third-party terms and obtaining necessary licenses.

3. User Obligations

3.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating laws or regulations
• Infringing on intellectual property rights
• Transmitting malicious code or viruses
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting the Service
• Using the Service for fraudulent purposes
• Reverse engineering or attempting to extract source code

3.2 Content Requirements

You are responsible for providing all content, materials, and information necessary for project completion. This includes but is not limited to text, images, logos, brand guidelines, and access credentials. You represent and warrant that you have all necessary rights to the content you provide.

3.3 Timely Responses

You agree to provide timely feedback, approvals, and responses as outlined in the Project Agreement. Delays in your responses may result in project timeline extensions and may affect project pricing.

3.4 Hosting and Domain Management

Unless otherwise specified in the Project Agreement, you are responsible for obtaining and maintaining your own web hosting and domain name. You must provide necessary access credentials in a secure manner.

4. Payment Terms

4.1 Pricing and Quotes

All prices are quoted in United States Dollars (USD) unless otherwise specified. Quotes are valid for 30 days from the date of issuance unless otherwise stated. Prices do not include applicable federal, state, or local taxes unless explicitly stated.

4.2 Payment Structure

Payment terms will be specified in the Project Agreement and may include:

• Fixed Price Projects: Typically require 50% deposit upfront, with remaining balance due upon completion
• Hourly Projects: Billed weekly or bi-weekly based on time tracked
• Retainer Agreements: Paid monthly in advance
• Milestone-Based: Payments due upon completion of specified milestones

4.3 Payment Methods

We accept payment via bank transfer (ACH), wire transfer, major credit cards, PayPal, and other methods as agreed upon. Payment processing fees, if any, will be specified in the invoice.

4.4 Late Payments

Invoices are due within 15 days of issuance unless otherwise specified. Late payments may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue balances.

4.5 Disputed Charges

If you believe an invoice is incorrect, you must notify us in writing within 10 days of receipt. You are still required to pay any undisputed portions of the invoice on time.

4.6 Refund Policy

Deposits are generally non-refundable once work has commenced. Refunds for completed work are provided only at our sole discretion and only in cases of significant breach of contract on our part. Any refunds will be prorated based on work completed.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment of all fees due, you will own the custom work product specifically created for you, including custom code, designs, and content developed exclusively for your project. This ownership is transferred only after all invoices are paid in full.

5.2 Our Intellectual Property

We retain ownership of:

• Pre-existing code, frameworks, and libraries
• Proprietary tools and methodologies
• Reusable code components and templates
• General knowledge and techniques

5.3 Third-Party Components

Projects may incorporate open-source software, commercial themes, plugins, or other third-party components. These components remain subject to their respective licenses. You are responsible for complying with all third-party license terms.

5.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display your project in our portfolio, case studies, and marketing materials. We will provide you with advance notice and you may request removal at any time.

5.5 License to Use

We grant you a non-exclusive, non-transferable license to use any pre-existing intellectual property incorporated into your project for the purposes of operating your website or application.

6. Confidentiality

6.1 Confidential Information

Both parties may have access to confidential information during the course of our business relationship. Confidential information includes business plans, technical data, customer lists, financial information, trade secrets, and any information marked as confidential.

6.2 Protection of Information

Both parties agree to:

• Maintain confidentiality of all confidential information
• Use confidential information only for the purposes of fulfilling obligations under the agreement
• Limit disclosure to employees and contractors who need to know
• Return or destroy confidential information upon request or termination

6.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this agreement, (b) was rightfully known prior to disclosure, (c) is independently developed, or (d) must be disclosed pursuant to law or court order.

6.4 Data Security

We implement reasonable security measures to protect your data and confidential information. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right and authority to enter into this agreement
• Custom work will not infringe on third-party intellectual property rights
• We will use commercially reasonable efforts to meet agreed-upon specifications

7.2 Warranty Period

We provide a 30-day warranty on custom development work from the date of final delivery. During this period, we will fix bugs and errors in the custom code we developed at no additional charge. This warranty does not cover issues caused by modifications made by you or third parties, hosting issues, or third-party software.

7.3 Disclaimer of Warranties

7.4 Third-Party Warranties

Third-party products and services are subject to their own warranties and terms. We make no warranties regarding third-party products or services and disclaim all liability for issues arising from third-party components.

8. Limitation of Liability

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Security breaches or data loss
• Errors, mistakes, or inaccuracies in the Service
• System failures, downtime, or performance issues

8.1 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

8.2 Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

8.3 Time Limit for Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one (1) year after such claim arises; otherwise, your claim is permanently barred.

9. Indemnification

9.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Anfisa Breus, our contractors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content you provide that infringes on third-party rights
• Any negligent or wrongful conduct by you or your employees

9.2 Our Rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

10. Termination

10.1 Termination by Either Party

Either party may terminate an ongoing project with 15 days' written notice. Upon termination, you agree to pay for all work completed up to the termination date, including any non-refundable expenses incurred on your behalf.

10.2 Immediate Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Abusive or threatening behavior
• Upon your request

10.3 Effect of Termination

Upon termination:

• All outstanding invoices become immediately due and payable
• Your right to use the Service ceases immediately
• We will provide you with completed work for which you have paid in full
• We may retain copies of your data for legal compliance purposes
• Provisions that by their nature should survive termination shall survive

10.4 Post-Termination Assistance

Upon request and for an additional fee, we may provide reasonable assistance with transitioning to another service provider, including knowledge transfer and documentation.

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute informally by contacting us at hello@anfisabreus.com with a detailed description of the dispute.

11.2 Mediation

If informal resolution is unsuccessful within 30 days, the parties agree to participate in mediation before initiating arbitration or litigation. The mediation shall be conducted by a mutually agreed upon mediator, with costs split equally between the parties.

11.3 Arbitration

If mediation does not resolve the dispute, any remaining controversy or claim shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in [Your City/State], United States, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

11.4 Exceptions to Arbitration

Either party may seek injunctive relief in court for intellectual property infringement or misuse of confidential information without first engaging in mediation or arbitration.

11.5 Class Action Waiver

12. Modifications to Terms

12.1 Right to Modify

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be notified by posting the new Terms on this page and updating the "Last Updated" date.

12.2 Notice of Changes

For significant changes, we will provide at least 30 days' notice prior to new terms taking effect. Notice may be provided via email, website banner, or other reasonable means.

12.3 Acceptance of Changes

Your continued use of the Service after any modifications to the Terms constitutes acceptance of those changes. If you do not agree to the modified terms, you must discontinue use of the Service.

12.4 Current Version

It is your responsibility to review these Terms periodically. The most current version will always be posted on this page.

13. Miscellaneous Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law provisions.

13.2 Entire Agreement

These Terms, together with any Project Agreements, Statements of Work, and our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service and supersede all prior agreements and understandings.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

13.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

13.8 Electronic Communications

By using our Service, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service.

13.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Information

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