Terms of Service

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. Our services are intended for licensed medical professionals, medical practices, and healthcare clinics.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials.

3.3 Account Security

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.

4.1 Service Agreements

Specific project details, deliverables, timelines, and fees will be outlined in individual service agreements or proposals. These agreements supplement and are subject to these Terms.

4.2 Pricing and Fees

All fees are stated in U.S. Dollars unless otherwise specified. Pricing may include:

• Initial design and development fees
• Monthly or annual hosting and maintenance fees
• Additional feature development costs
• Third-party service integration fees

4.3 Payment Terms

• Initial project fees typically require a 50% deposit before work begins
• Final payment is due upon project completion and before website launch
• Recurring fees (hosting, maintenance) are billed monthly or annually in advance
• Payment is due within 15 days of invoice date
• Late payments may incur a fee of 1.5% per month or the maximum allowed by law

4.4 Refund Policy

Deposits are non-refundable once work has commenced. Refunds for unused services may be considered on a case-by-case basis. Monthly recurring fees are non-refundable but services can be cancelled with 30 days' notice.

6.1 Client Content

You retain all rights to content you provide (text, images, logos, etc.). By providing content, you grant DigiSphere a license to use, modify, and display such content for the purpose of delivering our services.

6.2 Website Ownership

Upon full payment, you own the custom design elements and content of your website. However, DigiSphere retains rights to:

• Proprietary code, frameworks, and development tools
• Pre-existing templates or components
• General knowledge and techniques

6.3 Third-Party Components

Websites may include third-party software, plugins, or libraries subject to their own licenses. You agree to comply with all applicable third-party license terms.

6.4 Portfolio Rights

DigiSphere reserves the right to showcase your website in our portfolio and marketing materials unless you expressly request otherwise in writing.

7.1 Client Responsibility

As a medical practice or clinic, you are solely responsible for ensuring HIPAA compliance in your operations. DigiSphere provides website services but does not handle Protected Health Information (PHI) through standard website features.

7.2 Business Associate Agreement

If specific services require DigiSphere to access or handle PHI, a separate Business Associate Agreement (BAA) must be executed. Standard website services do not include PHI handling.

7.3 Secure Systems Recommendation

We strongly recommend using separate, HIPAA-compliant third-party systems for:

• Patient appointment scheduling
• Electronic health records (EHR)
• Patient portals
• Secure messaging with patients

8.1 Our Warranties

DigiSphere warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in our work reported within 30 days of project completion at no additional charge.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Services will be uninterrupted or error-free
• Defects will be corrected immediately
• The website will achieve specific ranking or traffic results
• Third-party services will remain compatible or available

11.1 Term

These Terms remain in effect for the duration of your use of our services and any ongoing service agreements.

11.2 Termination by Client

You may terminate ongoing services with 30 days' written notice. Termination does not relieve you of payment obligations for services already rendered or contracted.

11.3 Termination by DigiSphere

We may suspend or terminate services if:

• Payment is more than 30 days overdue
• You violate these Terms
• You use services for illegal or harmful purposes
• We discontinue services (with 60 days' notice)

11.4 Effect of Termination

Upon termination:

• You must pay all outstanding fees
• We will provide reasonable assistance transferring your website (fees may apply)
• You will receive copies of your content and data
• Hosting services will cease after the notice period

15.1 Informal Resolution

Before filing a legal claim, you agree to contact us to resolve disputes informally. We will attempt to resolve disputes in good faith within 30 days.

15.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, rather than in court. Arbitration will be conducted in [Your State/Location].

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or collective proceedings.

17.1 Entire Agreement

These Terms, along with our Privacy Policy and any service agreements, constitute the entire agreement between you and DigiSphere.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our written consent. DigiSphere may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

DigiSphere is not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, strikes, or internet infrastructure failures.