Website Service Terms

We will perform the work described in your Order using reasonable professional care. Only the pages, features, content, integrations, migrations, revisions, training, and other deliverables expressly listed are included. Copywriting, photography, logos, e-commerce setup, booking systems, search engine optimization, accessibility audits, advertising, and ongoing content changes are included only when specifically agreed.

A revision round means one consolidated set of reasonable changes to work presented for review within the agreed scope. The number of included rounds is stated in your Order; if omitted, we will confirm it in writing before work begins. New features, additional pages, redesigns after approval, and extra revision rounds may require additional fees and time. We will obtain your written approval of the additional scope and price or pricing method before doing chargeable extra work. Silence does not authorize an extra charge.

Your Order determines which payment arrangement applies:

• One-time project: You pay the agreed fixed price, either in full or through the deposit and milestone payments described in your Order.
• Installment purchase: A fixed project price is divided into a stated number of payments. The Order must disclose the total price, installment amounts, and payment schedule. Installments stop when the agreed purchase price is paid; they are not an indefinite subscription.
• Recurring service: You pay the disclosed amount at the disclosed frequency for the specifically described ongoing service. Any setup fee, first billing date or clearly defined start trigger, minimum term, and renewal terms must be disclosed before you agree.

A deposit is credited toward the project price unless the Order expressly identifies a separate setup service and fee. Unless your Order says otherwise, the final project balance is due before launch, final handoff, or transfer of editable deliverables. Applicable taxes and approved third-party expenses are additional only when disclosed in your Order or approved separately. There is no automatic late fee or cancellation penalty under these general terms.

Monthly or other recurring fees apply only if expressly included in the Order you accept. Neither a one-time payment nor accepting these terms alone authorizes a subscription. When you expressly choose automatic collection, you authorize us through Stripe or another identified payment processor to charge the payment method you supply for the stated installments or recurring services on the disclosed schedule. We will provide payment records, and you must keep billing information current.

Unless your Order expressly provides an accepted minimum term, recurring services are month-to-month. They renew at the agreed frequency until cancelled under Section 10. An existing recurring service price may change after any minimum term only with at least 30 days' advance written notice and an opportunity to cancel before the change takes effect. New services or a new minimum commitment require your affirmative agreement. Prices during an accepted minimum term remain fixed unless both parties agree otherwise.

If hosting is discounted or included with another service, the conditions must be stated in your Order. Ending the other service does not authorize an undisclosed replacement hosting charge. Any previously agreed replacement fee requires advance notice and an opportunity to cancel or transfer before it starts. Marketing management and advertising spend require their own expressly accepted scope and pricing.

You will provide accurate business information, text, images, logos, product details, required legal notices, account access, and approvals reasonably needed for the project. You represent that you have the rights to the materials you supply and authorize their use for your website. You are responsible for reviewing the accuracy of your offers, claims, prices, contact information, and other business content before launch.

Where practical, you should own your domain registrar, payment processor, analytics, and other core business accounts and give us appropriate access. Credentials should be shared securely. Sensitive or regulated data requirements must be identified before implementation and separately scoped; ordinary contact forms are not intended for payment card details, medical records, or similarly sensitive information.

Delivery dates are estimates unless expressly agreed as firm deadlines in your Order. Timely delivery depends on your content, feedback, approvals, access, and third-party services. We will communicate material delays and reasonably adjust the schedule when these dependencies or approved scope changes affect delivery.

If you do not respond for 30 consecutive days after a written request for necessary materials or approval, we may place the project on hold with notice. Resuming work depends on available scheduling. No restart fee applies without your separate approval. A project hold does not by itself authorize a launch, a new charge, or forfeiture of your advance payment.

We will provide a review copy or staging link before launch. Please identify material defects or departures from the agreed scope within five business days of a final review request, unless a different period is agreed. We will correct verified issues within the agreed scope. We launch after your approval and satisfaction of the required payment milestone. Your silence alone is not launch approval.

Unless your Order provides a different period, we will correct reproducible defects caused by our implementation and reported within 14 calendar days after launch without an additional fee. Timely reported defects remain eligible even if correction occurs later. New requests, your changes, misuse, and later third-party or platform changes are outside this correction service. Your approval does not waive rights that cannot lawfully be waived.

A one-time website build does not include indefinite hosting, domain renewals, platform subscriptions, updates, backups, or support. Hosting and maintenance are included only to the extent stated in your Order. Any included content allowance, update schedule, backup arrangement, support hours, or response target must be stated there. Maintenance does not include unlimited changes, new functionality, or a redesign.

Domain registration, premium plugins, themes, stock media, fonts, email services, APIs, IDX or MLS services, payment processing, and other vendor charges are separate unless expressly included. Your Order will identify who pays the relevant ongoing costs. New chargeable expenses require approval before we incur them for you.

Third-party vendors control their own pricing, uptime, policies, licensing, features, and service availability. We do not guarantee uninterrupted operation or immunity from security incidents. We remain responsible for reasonable care in our own work and the services we agreed to administer. When you manage the site yourself, you are responsible for ongoing renewals, security, backups, updates, and operation unless we agreed otherwise.

You retain your pre-existing content, trademarks, customer data, and domain. You grant us permission to use your supplied materials to perform the services. We retain our pre-existing and reusable templates, code libraries, components, tools, methods, and know-how. Third-party materials remain subject to their respective licenses.

For a purchased website, after full payment of the agreed purchase price, you receive a perpetual, worldwide, non-exclusive license to use, modify, and have others maintain the completed website, including our materials embedded in it. If your Order promises ownership of custom deliverables, we will also execute a written assignment of our transferable copyright in those deliverables. Unrelated hosting or maintenance fees do not revoke your rights in fully paid work. Unselected concepts and our internal systems are excluded unless expressly included.

A Provider-owned subscription or rental model applies only if your Order expressly discloses that model and explains what happens when it ends. In that case, use of our website design and code continues only during paid service unless a separate purchase or license is agreed. Your own content and domain remain yours. A buyout fee or ownership transfer applies only if expressly agreed; monthly payments alone do not establish a buyout.

Your Order should identify the handoff deliverables and known material portability limits. Some builders, vendor accounts, and licenses cannot be transferred or exported as a fully working standalone site. We will disclose known limitations before acceptance. Additional migration or transfer work requires an approved scope and fee. We do not transfer shared master accounts, unrelated client information, or our internal tools.

You may request cancellation by emailing us and identifying the project or service. For unfinished development, you owe the reasonable documented value of work performed and approved non-cancellable third-party costs through cancellation, less payments already made. We use any agreed milestone values or cancellation rate; otherwise we provide a reasonable itemized accounting. Charges for original fixed-price scope will not exceed the agreed project price. We will refund unearned advance payments within 15 business days of the cancellation accounting. A payment is not automatically forfeited merely because it is called a deposit.

Month-to-month service cancellation takes effect at the end of the current paid billing period unless otherwise agreed. If you expressly accepted a minimum term, service and scheduled charges continue through that term unless we agree to an earlier release or termination is for uncured breach. Future fees do not automatically accelerate. A finite installment purchase is subject to the unfinished-development accounting above, rather than being treated as an indefinite service subscription.

Paid service periods already supplied are not refundable except for unperformed service, our breach, or applicable law. Cancelling hosting does not cancel a separate marketing service or vendor subscription; each must be addressed under its own agreement. Revoking automatic payment does not by itself cancel a service or erase an earned charge.

Either party may terminate for material breach after written notice and 10 business days to cure. If we terminate without your breach, we will refund unearned project payments and prepaid unperformed service and reasonably cooperate with transition. On ending Provider-hosted service, the site may go offline unless replacement hosting is arranged. We will provide available Client-owned materials and paid-for transferable deliverables and retain an available export for 30 days after service ends, except where a disclosed vendor restriction or law prevents it. Additional migration assistance may require an approved fee.

If an undisputed payment remains overdue seven days after written notice, we may pause affected work or suspend affected services we manage until payment is resolved. Please promptly explain any good-faith billing dispute; undisputed amounts remain due. We will use reasonable care to avoid unnecessary data loss. We will not suspend a fully paid Client-controlled site to collect an unrelated fee. Immediate suspension is permitted where reasonably necessary to address an active security threat or unlawful use, with prompt explanation.

Each party will use reasonable care to protect the other's non-public business, customer, financial, credential, and technical information and use it only for the services. Disclosure is limited to authorized people and service providers who need it and are subject to appropriate confidentiality obligations, or where legally required. Public information and information independently developed or lawfully obtained without restriction are excluded.

We may use qualified subcontractors and ordinary development tools, including AI-assisted tools, and remain responsible for our contracted work. We will not submit your credentials, customer records, or confidential information to a public AI tool without your written authorization and agreed safeguards. No AI training use of your confidential information is authorized. Each party will promptly notify the other of a confirmed security incident affecting project information and reasonably cooperate on mitigation.

We may display publicly launched website screenshots and links in our portfolio unless you request otherwise in writing. We will not disclose confidential information or private customer data in doing so and will remove displays we control within a reasonable time upon request.

You are responsible for the legality and accuracy of your business claims, offers, supplied materials, and business operations and for obtaining appropriate legal notices and advice for your business. We will perform specifically agreed accessibility, privacy, consent, or industry-related implementation work with reasonable care. We do not provide legal advice or certify universal legal compliance. Nothing here excuses either party from obligations imposed by law.

We do not guarantee rankings, traffic, leads, sales, revenue, or conversion results. SEO, analytics, marketing, and advertising services apply only when expressly included. Changes to search engines, vendors, browsers, or your content may require additional work, subject to the scope of any selected maintenance service.

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, including lost profits or business opportunities. Our aggregate liability is limited to the greater of the agreed fixed project price or setup fee, or fees paid or payable for services under the applicable Order during the 12 months preceding the event giving rise to the claim, using the shorter actual period if service has lasted less than 12 months.

These limits do not apply to fraud, willful misconduct, gross negligence, infringement by a party's supplied materials, breach of confidentiality, or liability that cannot lawfully be limited. They do not excuse earned payments, delivery of paid-for work, or required refunds. Each party will reasonably mitigate its losses.

Each party will defend and indemnify the other against third-party copyright or trademark claims arising from materials it supplied and authorized for this project. You are also responsible for third-party claims caused by your unlawful products, business claims, or instructions; we are responsible for such claims caused by our unlawful performance. Responsibility is reduced to the extent the other party caused the claim. The protected party must give prompt notice and reasonable cooperation. No settlement may admit fault by or impose non-monetary obligations on the other without consent.

We are an independent contractor. Neither party may bind the other without express authority. Neither party may assign this agreement without the other's written consent, not unreasonably withheld, except in a business sale or reorganization if the successor assumes the obligations and provides notice.

New Jersey law governs, subject to federal law and mandatory protections that cannot be waived. The parties will first attempt in good faith to resolve disputes through their designated contacts, without preventing urgent court relief. Lawsuits belong in a court with jurisdiction in New Jersey unless mandatory law requires otherwise. These terms do not require arbitration or waive a jury trial.

Neither party is responsible for delays beyond its reasonable control if it promptly explains the event and takes reasonable steps to reduce its impact. Payment for completed work remains due. If such an event prevents material performance for more than 30 days, either party may end the affected work with the accounting and refunds described above.

Notices, approvals, and cancellations may be sent by email to our contact address below or your designated project email. A delivery failure means notice has not been delivered. If a provision is unenforceable, the rest remains effective. A failure to enforce a provision once is not a continuing waiver. Earned payments, ownership rights, confidentiality, and applicable liability provisions survive termination.

The version presented when you accept your Order governs that purchase. Publishing updated terms does not automatically change an existing agreement. Material changes to an existing engagement require both parties' agreement. We will retain the accepted terms and Order and provide you a copy or durable access to them.

Questions, project notices, or cancellation requests: alexprofessionalwebdesign@gmail.com.