Terms of Service
Effective Date: November 2025
1. Agreement Overview
These Terms of Service ("Terms") govern your access to and use of services provided by Designed To Breakthrough LLC ("DTB"). By engaging DTB for digital, technical, or marketing services, you ("Client") agree to these Terms and any applicable Project Agreement or Proposal.
2. Scope of Services
DTB provides technology consulting, website design, digital branding, automation, and related services as detailed in signed contracts or project scopes. Custom deliverables, revisions, and milestones are defined per project.
3. Payments and Deposits
- A non-refundable deposit is required at project start unless otherwise stated.
- Balances are due upon delivery and before transfer of final assets.
- Accepted payments include Zelle, CashApp, Venmo, and PayPal.
- Late payments may incur a 5% late fee every 7 business days overdue.
4. Intellectual Property
- All deliverables remain DTB's property until full payment is received.
- Upon completion and payment, ownership transfers to the Client, excluding any reusable code libraries, frameworks, or internal DTB systems.
- DTB retains the perpetual right to display and discuss projects in portfolios, marketing materials, and case studies.
5. Confidentiality
Both Parties agree to maintain the confidentiality of all proprietary, client, and business information shared during the engagement. Confidentiality obligations remain active for five (5) years after project completion, except for publicly available materials.
6. Publicity & Marketing Rights
DTB reserves the right to reference, showcase, and publicly discuss completed work for marketing, educational, and portfolio purposes with or without prior written consent. Such references will maintain professional integrity and respect for client confidentiality.
7. Termination
- Either party may terminate services with written notice.
- Client-initiated termination forfeits the deposit.
- DTB-initiated termination refunds any unused client funds and delivers paid-for materials.
8. Limitation of Liability
DTB is not liable for indirect, consequential, or incidental damages resulting from project delays, third-party service interruptions, or misuse of deliverables post-transfer.
9. Indemnification
The Client agrees to indemnify and hold harmless DTB, its officers, and contractors from any claims, damages, or liabilities arising from the misuse of provided deliverables or violation of applicable laws.
10. Governing Law
These Terms are governed by and construed under the laws of the Commonwealth of Pennsylvania. Any disputes shall be resolved in a court of competent jurisdiction within the state.
11. Entire Agreement
These Terms, together with any signed proposal or Client Services Agreement, constitute the full and binding understanding between the Parties and supersede any prior agreements or communications.