Bowers Digital Solutions

Terms of Service

Last updated: August 2025

Welcome to Bowers Digital Solutions. By using our services, you agree to these terms.

1. Service Agreement

This Terms of Service Agreement ("Agreement") is entered into between Bowers Digital Solutions LLC, operated by Daniel Bowers, located in Lynchburg, Virginia ("Provider") and the client ("Client") who purchases our services.

2. Scope of Work

The scope of work for each project is defined by the service purchased and any additional requirements specified during the consultation process. Any changes to the scope of work must be agreed upon in writing and may result in adjustments to the timeline and pricing.

3. Timeline and Project Management

While we make a good-faith effort to complete projects within estimated timelines, no specific deadlines are guaranteed. The timeline may be adjusted based on unforeseen delays, such as waiting for Client-provided materials or scope changes. We will communicate any significant timeline adjustments to the Client.

4. Ownership of Work

Ownership of the completed website and any associated resources will be transferred to the Client only after the website has been completed and posted, and full payment has been received. Until the website has been completed and posted, all work remains the intellectual property of the Provider.

5. Payment Terms

Payment is required upfront before work begins to ensure the Provider's time and effort are protected. All payments are non-refundable once work has commenced. Flexible payment options may be available upon request for larger projects.

6. Client Responsibilities

The Client agrees to provide all required content, branding materials, and information in a timely manner (1-2 business days) to avoid project delays. The Client will review and provide feedback on the work as needed. Failure to provide necessary materials may result in project delays or termination.

7. Limited Warranty and Liability

The Provider will make a good-faith effort to deliver functional and visually appealing websites. However, the Provider is not responsible for:

  • Third-party software failures (e.g., plugins, hosting providers, external services)
  • Website content provided by the Client
  • Issues arising from Client modifications after project completion
  • Downtime or performance issues related to hosting or domain services

Bowers Digital Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.

8. Termination of Agreement

Either party may terminate this Agreement:

  • By the Provider: If the Client fails to cooperate or provide necessary materials for the project. The Client will be given a 2-week grace period to fulfill obligations or resolve issues. If the Client fails to resolve the issue within this period, the Provider may terminate the Agreement.
  • By the Client: At any time before completion, provided written notice is given.

Termination Consequences: In the event of contract termination for any reason, the Client will not receive any completed or partially completed work, and Bowers Digital Solutions retains full ownership and rights to the work. The Provider reserves the right to use, modify, display, publish, or showcase the work in any manner, including but not limited to their portfolio, marketing materials, and as a publicly accessible website. The provider will not issue any refunds or financial compensation in the event of contract termination.

9. Intellectual Property

All content and materials available on our website are the property of Bowers Digital Solutions and are protected by applicable copyright and trademark law. Custom code, designs, and other deliverables become Client property only upon full payment and project completion.

10. Confidentiality

Both parties agree to keep confidential all sensitive business information shared during the course of this Agreement. This includes but is not limited to business strategies, proprietary information, and client data.

11. Dispute Resolution

Any disputes arising from this Agreement will first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, the dispute will be settled in accordance with the laws of the Commonwealth of Virginia. The parties agree to submit to the jurisdiction of the courts located in Virginia for the resolution of any such disputes.

12. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any changes by updating the date at the top of this page. Continued use of our services after changes constitutes acceptance of the new terms.

13. Entire Agreement

This Agreement constitutes the entire understanding between the Provider and the Client regarding the Services. Any modifications must be made in writing and signed by both parties.

14. Contact Us

If you have any questions about these Terms, please contact us at daniel@bowersdigitalsolutions.com.