Terms of
Service.

 

Last updated: June 3, 2025

Welcome! These Terms of Service (“Terms”) explain the rules for visiting, using, or buying anything from beamreachdesign.com (the “Site”). When you browse the Site, submit a form, or hire us for a project, you’re agreeing to follow these Terms, so please read them carefully.


1. Who We Are

Port and Starboard LLC doing business as Beam Reach Design (“Beam Reach,” “we,” “our” or “us”). We’re a Virginia‑based creative and technology studio that designs, builds, and hosts websites and related digital solutions.

2. Who You Are

“You” are anyone who visits the Site, downloads a resource, requests a quote, or becomes a client.

You confirm that you’re at least 18 years old (or the legal age of majority where you live) and able to enter a binding contract.


3. Using Our Site

Use the Site responsibly:

  • Don’t break the law. No malicious code, spam, or copyright infringement.
  • Don’t hack or scrape. No reverse engineering, data mining, or automated scraping.
  • Be truthful. If you fill out a form, the info you give must be accurate.
  • Respect our content. Everything on the Site (text, graphics, code) is our intellectual property. You may read, bookmark, and share links, but don’t copy or republish without permission.

4. Services & Projects

The Site lets you learn about—and sometimes buy—our creative and technology services. Any project you start will be governed by a separate Statement of Work (SOW) that both of us sign. The SOW sets the exact scope, timeline, and fees. If anything in an SOW conflicts with these Terms, the SOW controls for that project.

Payments

Unless the SOW says otherwise:

  • Deposits are non‑refundable.
  • Invoices are due on receipt. We may add 1.5 % per month (or the legal max) on late balances and pause work until invoices are current.

5. Domains, Hosting & Uptime

If we manage your domain or host your website:

  • Domains auto‑renew 30 days before expiration. Tell us at least 31 days ahead if you want to cancel a domain.
  • We target 99.9 % uptime each month. Planned maintenance doesn’t count toward downtime.
  • Your remedy for downtime (if any) is a service credit we decide at our sole discretion.

6. Third‑Party Tools & Links

We often integrate third‑party tools (WordPress, Google Workspace, AWS, etc.). Those platforms have their own terms, and you agree to follow them. We’re not responsible for what third parties do.

The Site may link to external websites. We don’t endorse or control those sites and aren’t liable for their content.


7. Your Content

If you upload or send us text, images, code, or other materials (“User Content”) you:

  1. Own it or have the right to use it.
  2. Grant us permission to store, process, back it up, and (when needed to deliver a project) reproduce, modify, or display it.
  3. Stay responsible for anything unlawful in it.

8. Disclaimers

  • The Site, its content, and any free resources are provided “as is.”
  • We can’t guarantee the Site will be uninterrupted, error‑free, or secure 100 % of the time.
  • We make no promises that viewing our Site will generate sales, improve SEO, or meet any other business goal.

9. Limitation of Liability

To the maximum extent allowed by law:

  • Direct damages are capped at the amount you paid us during the 3 months preceding any claim.
  • No indirect damages. We’re never liable for lost profits, lost data, or any consequential, special, or punitive damages.

10. Indemnity

If your actions—or your User Content—cause us legal trouble (for example, you upload copyrighted material you don’t own), you’ll defend and reimburse us for any losses, costs, or attorney fees.


11. Termination

We can suspend or terminate your access to the Site, or any project in progress, if you violate these Terms, fail to pay invoices, or do something illegal or harmful. You can stop using the Site at any time. Obligations that by their nature should survive (payments owed, IP licenses, disclaimers, limits of liability) will continue after termination.


12. Privacy Policy (Virginia & U.S. Compliance)

Your privacy matters. This Privacy Policy explains what personal information we collect, why we collect it, and how you can exercise your rights under the Virginia Consumer Data Protection Act (VCDPA) and other applicable U.S. laws.

12.1 Information We Collect

  • Information you provide: name, email, phone, company, project details, and any files you upload.
  • Automatic data: IP address, device type, browser, pages visited, and cookie identifiers.
  • Payment data: processed securely by our payment processor; we never store full card numbers.

12.2 How We Use It

  • To respond to inquiries and deliver quotes or services.
  • To improve the Site’s performance and user experience.
  • To send marketing emails (you can opt out any time).
  • To process payments and comply with legal obligations.

12.3 Sharing & Disclosure

We share data only:

  • With service providers who help us run the business (hosting, payment, analytics) under confidentiality agreements.
  • If required by law or to protect our rights.
  • With your consent.

12.4 Your Rights (VCDPA & U.S. law)

You may:

  • Access the personal data we hold about you.
  • Correct inaccurate data.
  • Delete certain data (with narrow legal exceptions).
  • Opt‑out of targeted advertising or the sale/sharing of personal data (we don’t sell data, but Virginia law still grants the right).

To exercise your rights, email privacy@beamreachdesign.com. We’ll verify your request and respond within 45 days.

12.5 Data Security & Retention

We use SSL/TLS encryption, least‑privilege access, and regular backups. We keep data only as long as needed for the purposes above or as required by law.


13. Cookie Notice

Cookies are small text files placed on your device. We use:

  • Essential cookies – keep the Site working (e.g., session caching).
  • Analytics cookies – help us understand site traffic (e.g., Google Analytics with IP anonymization).
  • Marketing cookies – only if you consent, to track campaigns.

You can control cookies:

  • Use the banner that appears on your first visit to accept or reject analytics/marketing cookies.
  • Adjust browser settings to delete or block cookies.
  • Opt out of Google Analytics with their browser add‑on.

Disabling cookies may affect some Site features but won’t block essential content.


14. Changes to These Terms & Policies

We’ll post updates here and change the “Last updated” date. If we make a material change (like adding new data uses), we’ll give 30 days’ notice (e.g., banner or email). Continued use means you accept the updates.


15. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict‑of‑law rules. Disputes will be settled in state or federal courts located in Virginia Beach, VA.


16. Contact Us

Questions, privacy requests, or DMCA notices? Reach us at:

Beam Reach Design
501 Virginia Beach Blvd, Ste D
Virginia Beach, VA 23451 USA
support@beamreachdesign.com
privacy@beamreachdesign.com (privacy inquiries)


Thanks for visiting Beam Reach Design. Now go build something great!