Website Service Agreement

This agreement is between SiteModder ("we" or "us"), a Florida business owned by Casey Isberner, and the business named when you sign up ("you"). It covers the website we build for you and the monthly care plan that keeps it running.

It's written in plain English on purpose. If anything is unclear, ask us before you sign: hello@sitemodder.com.

1. What we build

For the launch fee, we will:

design and build a website for your business that works well on phones, tablets and computers;
include a before-and-after slider made from photos of your own work;
include tap-to-call and tap-to-text buttons, and a quote-request form that sends requests to your email;
connect the site to a web address (a domain) registered in your business's name (see section 6);
set up an email address at that domain that forwards to the inbox you already use;
review your Google Business Profile with you and update it to match your website, claiming it first if it's unclaimed (Google's verification needs your help); and
set up the basics search engines read: page titles, descriptions, and your business details.

Before we start, we'll agree with you which pages and sections your site has. Anything beyond that is extra work, and we'll give you a price for it before we do it.

2. What we need from you

Accurate information about your business: services, service area, hours, license numbers, and any prices you want shown.
Photos of your work that you took or have the right to use, and your logo if you have one.
Answers when we ask you to review or approve something.
Help with the steps only the owner can do, such as verifying your Google Business Profile or approving a domain transfer.

You're responsible for what you give us to publish. We won't publish reviews you didn't receive, credentials you don't hold, or photos of other people's work presented as yours. Until you send your own photos, we use sample photos, and they're labeled as samples.

3. Timeline and approval

We start building once the launch fee (or its first half) is paid. We aim to send you a finished version to review within 7 days of receiving your photos and information, and you get up to two rounds of changes before launch. Your site goes live when you approve it.

If we're waiting on you for more than 30 days, we may launch with what we have, using labeled sample photos, so the project doesn't stall.

4. Fees and payment

Launch fee: $1,000, paid when you sign up. If we've agreed in writing that you'll pay it in two parts, you pay $500 when you sign up and $500 on the day your site goes live.
Care plan: $99 a month, starting on the day your site goes live and charged on that date each month after.
Payments are made by card through Stripe, our payment processor. We never see or store your full card number.
By signing, you authorize us to charge the card you give at sign-up, or a replacement card you give us later, for the launch fee and for each monthly payment under this agreement, until the agreement ends. We'll email you before the first monthly charge.
Extra work you ask for is priced separately, and only after you agree to the price.
We may change the monthly price with at least 30 days' notice by email. If you don't want to pay the new price, you can cancel before it takes effect.

5. What the care plan covers

For $99 a month, we:

host your website, keep its security certificate (the padlock) current, and keep it online;
renew your domain every year (one standard domain, such as a .com);
keep your forwarding email address working;
make changes whenever you ask: updates to text, photos, prices, services, hours and service area, usually within two business days (new pages, new features, or a redesign are priced separately);
send you a monthly report of your site's visits and of the taps on its call and text buttons; and
update your Google Business Profile to match when you tell us something about your business has changed.

We host with reputable providers, such as Cloudflare. We aim to keep your site online at all times, but we can't promise it will never be interrupted, for example during an outage at one of those providers. When something breaks, we fix it as quickly as we reasonably can.

6. Your domain

Your domain is registered in your business's name, so your business is its owner. We manage it for you while you're on the care plan and pay its yearly renewal. If you already own a domain, you stay its owner and we connect it.

If this agreement ends, your domain stays yours. We'll help move its management to you or to anyone you choose, and from then on you pay its renewals.

7. Month to month, and cancelling

This agreement is month to month. There's no minimum term.
You can cancel at any time, by emailing hello@sitemodder.com or through the billing link in your payment receipts. Cancelling takes effect at the end of the month you've already paid for. There's no cancellation fee.
Monthly payments aren't refunded for part of a month.
If you cancel before we've started work (before you've sent us any photos or information, and before we've started building), we refund the launch fee in full.
If you cancel after we've started work but before your site goes live, the launch fee you've paid isn't refunded and the care plan never starts. If you chose two payments, you don't owe the second $500.
When the agreement ends, we take your website offline at the end of the paid period. Your domain stays yours (section 6). Your text, photos and logo are yours, and we'll send you copies within 30 days if you ask.
We can end this agreement by giving you 30 days' notice by email, or right away if you seriously break it (for example, by asking us to publish something unlawful or misleading). If we end it for any reason other than something you did, we refund the unused part of your current month.

8. Late or failed payments

If a payment fails, we'll tell you by email and give you 14 days to update your card. If it's still unpaid after that, we may take your site offline until it's paid. After 30 days unpaid, we may end this agreement. Your domain stays yours either way.

9. Who owns what

You own your business name, your logo, the photos and text you give us, and your domain.
We own our templates, code, designs and tools, including those used to build your site. While you're on the care plan, you have the right to use your website. When the agreement ends, the code and design stay ours. If you want a copy of your site to host somewhere else, ask us for a one-time buyout price.
You give us permission to use your content to build and run your website, and to show your finished site in our portfolio. You can ask us to take it out of our portfolio at any time.

10. Privacy

We keep your information private and use it only to provide our services and to bill you. Our privacy notice at sitemodder.com/privacy explains what we collect. The call counter on your site records anonymous counts only (which button was tapped, and on what day), never who tapped it.

11. Limits

We work hard to build you a site that brings in business, but we can't promise any particular number of calls, customers, search rankings or sales. Apart from what this agreement promises, our services are provided "as is".

Neither of us is responsible to the other for indirect losses, such as lost profits. Our total liability under this agreement is limited to what you paid us in the 3 months before the claim. Nothing in this agreement limits liability that the law doesn't allow to be limited.

If someone makes a claim against us because of content you gave us to publish (for example, a photo you didn't have the right to use), you're responsible for that claim and will cover our reasonable costs of dealing with it.

12. Changes to this agreement

We may update this agreement for new customers at any time. For you, a change takes effect only after we've emailed it to you at least 30 days ahead. If you don't agree to it, you can cancel before it takes effect.

13. Signing electronically

You sign this agreement electronically, by ticking the box and typing your name when you sign up. Under Florida's Uniform Electronic Transaction Act and the federal E-SIGN Act, that signature counts the same as one in ink. We keep a record of the version you signed, your typed name, the date and time, and the internet address you signed from, and we email you a copy.

The person signing confirms that they're authorized to sign for the business.

14. The rest of the legal basics

This agreement, together with anything else we agree in writing (such as a two-part launch payment, or a price for extra work), is the whole agreement between us.
Florida law applies. If we ever disagree, we'll first try in good faith to sort it out by talking. If that fails, the courts in Palm Beach County, Florida, decide it.
If any part of this agreement can't be enforced, the rest still applies.
We're an independent business, not your employee. We may use trusted contractors to help with the work, and we stay responsible for it.
Notices go by email, to the addresses we each have on file.