Small Custom Websites – Terms & conditions
1. Agreement To These Terms
By hiring Small Custom Websites, also referred to as “SCW,” “the company,” “we,” “us,” or “our,” the client agrees to these Terms & Conditions. These terms apply to website consultations, website planning meetings, website builds, copywriting, revisions, hosting, subscription plans, maintenance services, booking setup, contact forms, email notifications, and any related services provided by SCW.
These terms apply unless SCW agrees to different terms in writing. If there is a separate written agreement signed or approved by SCW and the client, that written agreement may control over conflicting language in these Terms & Conditions.
2. Free Consultation & No Obligation
A free consultation does not obligate the client to purchase services from SCW. A free consultation also does not obligate SCW to accept the client, begin work, reserve a project slot, or provide services.
Any pricing, timeline, recommendation, or project discussion during a free consultation is preliminary unless confirmed in writing by SCW. SCW may refuse service to anyone at any time, including before, during, or after a consultation.
3. Website Planning Meeting, Deposit & Start Of Work
For standard website builds, a deposit of $100 is due during the initial Website Planning Meeting. For custom-priced websites, the deposit is 25% of the quoted project price unless SCW agrees otherwise in writing.
SCW does not begin work until the required deposit has been paid. Any promised or estimated project timeframe does not begin until the deposit has been received. If the deposit is received outside of normal business hours, the project timeframe begins the following business day at 9:00 AM.
Deposits are non-refundable. This includes situations where the client cancels the project, fails to respond, abandons the project, delays the project, breaches these terms, or decides not to move forward.
4. Pricing, Quotes & Estimates
Any estimate or quote provided by SCW is valid only for the period stated by SCW. If no period is stated, the quote should be treated as temporary and subject to change.
SCW may revise pricing if the project scope changes, if the client requests additional work, if the project is abandoned and later reopened, or if the client starts a new project at a later date. Previous pricing does not guarantee future pricing. Reopened projects and future projects may be subject to SCW’s current pricing at that time.
5. Payment Methods
SCW may accept payment by Zelle, payable invoice, cash, cashier’s check, or any other method approved by SCW. SCW may change accepted payment methods at any time.
The client is responsible for paying all invoices, deposits, balances, subscription charges, setup fees, and any approved additional charges on time.
6. Final Balance & Launch
The final balance for a website build is due before the website is launched, published, hosted, transferred, or made publicly available. SCW may withhold launch, hosting, delivery, publication, or further work until all outstanding balances are paid.
Once the client approves the website and pays the final balance, the final payment is non-refundable. Payment of the final balance confirms that the client accepts the completed work unless SCW agrees otherwise in writing.
7. Project Timeline & Client Delays
Project timelines are estimates, not guarantees. SCW will make reasonable efforts to complete the project within the estimated timeframe, but timelines may change based on client responsiveness, requested revisions, third-party issues, technical issues, changes in scope, delayed access, delayed content, or other circumstances.
If SCW requests information, feedback, access, content, approval, or anything else needed to complete the project, and the client does not respond within a reasonable timeframe, the project timeline may be extended by the length of the delay.
If the client does not respond within 5 business days, SCW may cancel, close, or mark the project as abandoned. In that case, the deposit remains non-refundable.
8. Abandoned Projects
SCW may determine that a project has been abandoned if the client fails to respond, fails to provide required information, fails to provide access, fails to approve work, fails to pay an invoice, or otherwise prevents the project from moving forward.
SCW may close abandoned projects. SCW is not obligated to reopen an abandoned project. Reopening an abandoned project is solely at SCW’s discretion, and SCW may refuse to resume work on an abandoned project for any reason.
If SCW agrees to reopen an abandoned project, the client may be required to pay additional fees, pay a new deposit, pay the remaining balance from the original project, pay any outstanding invoices, and agree to current pricing. Closed or abandoned projects are not guaranteed to remain active, accessible, recoverable, or available.
9. Client Cancellation
The client may cancel the website build process at any time by notifying SCW in writing. If the client cancels before the final balance is due, the client is not obligated to pay the remaining website build balance unless otherwise agreed in writing. However, the deposit remains non-refundable.
If the client cancels and later wants to purchase another website or restart the project, the client may be required to begin the process again, pay a new deposit, agree to a new project scope, and accept SCW’s current pricing.
10. Company Right To Refuse, Suspend, Or Discontinue Service
SCW may refuse service to anyone at any time. SCW may also suspend work, suspend hosting, close a project, terminate service, remove a website from hosting, or refuse future service if the client breaches these terms, fails to pay, provides unlawful or improper content, engages in unlawful or misleading business practices, or creates legal, ethical, operational, technical, or reputational risk for SCW.
SCW may take action immediately and without prior notice when reasonably necessary. Termination, suspension, or project closure caused by the client does not entitle the client to a refund.
11. Client Responsibilities
The client is responsible for providing accurate business information, contact information, photos, logos, documents, credentials, service details, pricing, licenses, disclosures, and any other information needed for the website.
The client is responsible for making sure all submitted information is accurate, lawful, current, and complete. The client is also responsible for reviewing the website before approval and notifying SCW of any errors, inaccuracies, or requested changes before approval.
The client is responsible for ensuring their business complies with applicable laws, rules, licensing requirements, industry regulations, advertising rules, privacy requirements, and other obligations that apply to the client’s business.
12. Access & Credentials
The client agrees to provide any access, login credentials, permissions, account information, domain access, email access, hosting access, booking access, or third-party account access needed to complete the project.
Delays caused by missing, incorrect, outdated, or inaccessible account credentials may extend the project timeline. SCW is not responsible for delays caused by inaccessible accounts, lost passwords, locked accounts, third-party verification issues, domain registrar problems, email account problems, or other access-related issues controlled by the client or a third party.
The client is responsible for maintaining access to their own third-party accounts.
13. Client-Provided Content
The client represents that they have the legal right to use all content, photos, logos, videos, documents, reviews, testimonials, trademarks, graphics, written materials, and other assets submitted to SCW.
The client agrees not to provide content that is copyrighted by someone else, unlawful, defamatory, misleading, infringing, fraudulent, false, abusive, offensive, or otherwise improper. SCW is not responsible for verifying ownership, legality, accuracy, or permission for client-provided content.
The client is solely responsible for all content submitted for publication on the website.
14. Copyright, Infringement & Unlawful Content
If a claim, lawsuit, demand, investigation, penalty, fine, dispute, takedown request, or other legal action arises from content provided or approved by the client, the client is responsible for all resulting damages, settlements, judgments, penalties, attorney fees, court costs, and related expenses.
The client agrees to defend, reimburse, and hold SCW harmless from losses resulting from client-provided content. If the client provides unlawful, infringing, defamatory, misleading, fraudulent, or improper content, SCW may remove the content, refuse to publish it, discontinue the client’s subscription, close the project, suspend hosting, or terminate service without refund.
15. Copywriting Provided By SCW
SCW may write website content on behalf of the client. This may include homepage text, service descriptions, section headings, calls to action, FAQs, or other website copy.
Even when SCW writes the copy, the client is responsible for reviewing all written content before approval. The client must notify SCW of any inaccuracies, missing information, outdated information, legal concerns, pricing errors, service errors, or other issues before approving the website.
SCW is not responsible for inaccuracies, omissions, or issues in content that the client has reviewed and approved. SCW does not provide legal advice and does not guarantee that website content complies with the laws or regulations that apply to the client’s business.
16. Legal Pages: Terms & Conditions / Privacy Policy
The client is responsible for providing the content for their own Terms & Conditions page, Privacy Policy page, refund policy, disclaimer, disclosures, or any other legal-policy pages required for their business.
SCW may provide a base template or placeholder content for these pages. Any such template or placeholder content is provided only for layout and placeholder purposes. It is not legal advice, may not reflect the client’s actual business terms, and may not comply with laws or regulations that apply to the client’s business.
The client is responsible for reviewing, replacing, modifying, and approving all legal-page content before launch. SCW is not responsible for claims, damages, penalties, disputes, visitor confusion, legal issues, or other problems that arise from the client’s use of placeholder legal content or failure to provide proper legal-page content.
17. Reviews, Testimonials & Claims
The client is responsible for the accuracy and authenticity of all reviews, testimonials, ratings, guarantees, business claims, service claims, pricing claims, experience claims, licensing claims, and other statements submitted for publication.
SCW is not responsible for verifying whether reviews, testimonials, claims, or statements provided by the client are accurate, lawful, current, complete, or properly authorized.
18. Licenses, Certifications, Credentials & Regulated Industries
The client is responsible for the accuracy of all licensing, certification, insurance, registration, bond, credential, professional qualification, and compliance claims displayed on the website.
SCW is not responsible for verifying professional credentials, licenses, insurance, bonds, permits, registrations, or legal qualifications provided by the client. The client is responsible for notifying SCW if any license, certification, registration, credential, or required disclosure expires, changes, becomes invalid, or needs to be removed from the website.
19. Revisions During The Website Build
The client may request reasonable revisions during the website build process. Whether a revision is reasonable is determined by SCW.
Reasonable revisions generally refer to normal adjustments to content, layout, colors, images, sections, wording, or design details that remain within the original project scope. Requests that substantially change the design direction, add new functionality, add new scope, require third-party integrations, require additional pages outside the agreed scope, or require significant rework may result in additional fees.
SCW may decline revision requests that fall outside the original scope or that SCW determines are unreasonable.
20. Scope Changes & Additional Work
The quoted price covers only the agreed-upon website scope. Additional pages, features, booking setups, integrations, forms, automations, custom functionality, design changes, or other requests may require additional fees if they are outside the original agreement.
SCW may pause work until scope changes are approved and any required additional payment is made. SCW determines whether a request is included in the original scope or requires additional pricing.
21. Design Review & Approval
The client is responsible for reviewing the website before approval. If the client is unsatisfied with the design, layout, copy, images, forms, booking setup, emails, or any other part of the website, the client must clearly notify SCW in writing before approving the website.
Approval may be given by email, text message, project message, invoice payment, written confirmation, or another method accepted by SCW. Once the client approves the website, the website is considered accepted.
If the client approves the website, the client may not later claim that they did not like the design, did not approve the work, failed to review it properly, or are entitled to a refund because of something they approved.
22. Non-Payment After Completion
If the website is completed and the client fails to pay the remaining balance within the required timeframe, SCW may close the project, withhold launch, withhold hosting, stop work, and retain ownership of unpaid work.
SCW may delete, archive, or close unpaid project files after the applicable retention period. If the client later wants to continue, SCW may require payment of outstanding balances, a new deposit, additional fees, current pricing, and a new project agreement.
23. Website Files & Ownership
Website files remain the property of SCW unless SCW agrees otherwise in writing. This includes website structure, design files, templates, code, configurations, layouts, proprietary systems, workflows, processes, and assets created or supplied by SCW.
The client retains ownership of assets originally provided by the client, such as client-provided photos, logos, written content, documents, videos, and other client materials. SCW does not claim ownership of materials provided by the client, even if those materials are included inside the website files.
Website files will not be given directly to the client unless SCW agrees to do so in writing. The client receives the benefit of the website through active hosting and subscription service unless otherwise agreed in writing.
24. Website Hosting Requirement
To have the website hosted by SCW, the client must choose and maintain an active maintenance or subscription plan. Website hosting is tied to an active subscription.
Payment is due at the beginning of each billing cycle while the website is hosted, active, or otherwise maintained by SCW. Failure to pay the monthly subscription may result in suspension or removal of website hosting and related services.
25. Subscription Payments & Plan Changes
Subscription payments are due at the beginning of each billing cycle. Subscription payments are non-refundable, including partial months, unused time, cancellations, downgrades, or failure to use the website or services.
The client may upgrade or downgrade their plan. A downgrade or cancellation takes effect at the end of the current billing cycle. An upgrade may take effect immediately, and SCW may charge a prorated amount for the remaining days in the current billing cycle.
SCW may modify subscription pricing in the future. Existing clients will receive notice before pricing changes take effect.
26. File Retention After Non-Payment, Cancellation, Or Delayed Hosting
If the client fails to pay the monthly subscription, cancels hosting, or otherwise stops maintaining an active subscription, SCW may remove or suspend website hosting.
SCW may keep website files for up to 6 months after subscription suspension, cancellation, or non-payment. During that retention period, the client may request to restart their subscription, subject to SCW approval and payment of applicable amounts.
This same 6-month retention period applies if the client pays the final website build balance but chooses to delay hosting. For example, if the client pays for the website build but wants to wait before making the website live, SCW may hold the files for up to 6 months. When the client is ready to host within that period, the client must begin the subscription payment.
SCW may agree to retain files for longer than 6 months at SCW’s discretion. SCW is not obligated to retain files beyond the retention period. After the retention period expires, SCW may permanently delete website files, databases, backups, and related project materials. Once files are deleted, restoration is not guaranteed. If files have been deleted, a new website project may be required, including all applicable deposits, fees, setup costs, and current pricing.
27. Contact Forms, Emails, Booking Systems & Automations
SCW may assist with setup of contact forms, email notifications, calendars, booking systems, appointment types, availability settings, automations, reminders, and related functionality.
The client is responsible for reviewing and testing all contact forms, email notifications, booking systems, calendars, automations, reminders, and related functionality before approval. This includes verifying email addresses, notification recipients, booking questions, appointment types, appointment durations, availability settings, cancellation settings, automated messages, reminders, and any other related details.
Approval of the website also constitutes approval of related booking systems, forms, automations, email configurations, and notification settings unless the client states otherwise in writing before approval.
SCW is not responsible for errors, missed appointments, missed notifications, missed inquiries, scheduling conflicts, calendar conflicts, lost business opportunities, or other issues resulting from approved configurations.
28. Website Visitors, Spam & Form Submissions
SCW is not responsible for information submitted by website visitors. SCW is not responsible for false, misleading, fraudulent, abusive, spam, bot-generated, malicious, or inaccurate submissions made through website forms, booking forms, contact forms, or other website features.
SCW does not verify the identity, accuracy, legitimacy, or intent of website visitors. The client is responsible for reviewing, evaluating, and verifying information received through their website.
SCW is not responsible for losses, damages, missed opportunities, scams, fraud, chargebacks, disputes, wasted time, spam, fake leads, or other issues arising from information submitted by website visitors.
29. Email Delivery & Communication Channels
SCW does not guarantee delivery of contact form submissions, emails, text messages, booking requests, reminders, third-party notifications, or other communications.
The client is responsible for monitoring all communication channels connected to the website. This includes checking inboxes, spam folders, email filters, inbox rules, notification settings, calendars, booking platforms, third-party accounts, and connected devices.
SCW is not responsible for missed leads, missed messages, missed bookings, lost sales, or lost opportunities caused by email filtering, spam filtering, incorrect settings, third-party failures, technical issues, or approved configurations.
30. Domain Names
Domains purchased by the client remain the property of the client. The client is responsible for maintaining domain ownership, renewal payments, registrar access, DNS settings, and any other domain-related obligations unless SCW agrees otherwise in writing.
SCW is not responsible for domain expiration, loss, suspension, transfer, locking, DNS delays, registrar issues, account access problems, or third-party domain actions.
31. Third-Party Services, Tools & Providers
The website may rely on third-party services, platforms, tools, plugins, providers, software, payment processors, booking platforms, email systems, domain registrars, hosting services, APIs, or other outside services.
The client is responsible for fees charged by third-party providers unless SCW agrees otherwise in writing. SCW is not responsible for third-party outages, pricing changes, discontinued services, software updates, feature changes, policy changes, compatibility issues, or service interruptions.
SCW may replace third-party tools or providers with alternatives when SCW determines it is reasonably necessary.
32. Google, Search Engines & Marketing Results
SCW does not guarantee search engine rankings, website traffic, Google placement, Google indexing, leads, sales, phone calls, bookings, quote requests, inquiries, revenue, or business growth.
SCW is not responsible for search engine algorithm changes, indexing behavior, ranking changes, business listing changes, Google Business Profile issues, third-party directory issues, or changes made by search engines or listing platforms.
SCW is not responsible for managing, maintaining, verifying, suspending, reinstating, or updating third-party business listings unless specifically agreed in writing.
33. Website Performance, Devices & Browsers
Website performance may vary based on visitor devices, browsers, internet connections, third-party services, hosting conditions, plugins, software, screen sizes, operating systems, and other technical factors.
SCW will make reasonable efforts to ensure compatibility with modern browsers and devices, but SCW does not guarantee identical appearance or functionality across all browsers, devices, operating systems, or screen sizes.
Minor differences between devices, browsers, or operating systems do not constitute defects. SCW does not guarantee compatibility with outdated browsers, outdated devices, unsupported software, or unusual technical environments.
34. Accessibility
SCW does not guarantee compliance with accessibility laws, standards, regulations, or guidelines unless specifically agreed in writing.
The client is responsible for requesting any accessibility requirements before project approval. The client is also responsible for any industry-specific accessibility obligations that apply to the client’s business.
35. Security
SCW does not guarantee that a website, server, platform, plugin, form, software, or third-party service will be immune from hacking, malware, unauthorized access, spam, bots, cybersecurity incidents, data loss, or technical failures.
No website, server, software, plugin, platform, or online service can be guaranteed completely secure. SCW may temporarily suspend services to address security concerns, technical issues, legal obligations, abuse, suspected breach, or operational requirements. Such actions do not entitle the client to refunds.
36. Emergency Actions
SCW may take immediate action, including suspending hosting, disabling features, removing content, pausing services, restricting access, or taking a website offline, when SCW determines such action is reasonably necessary to address security concerns, technical issues, legal obligations, third-party problems, abuse, suspected breach, or operational risks.
Emergency actions do not entitle the client to refunds, credits, damages, or compensation.
37. Changes To Company Services, Tools & Processes
SCW may modify its services, offerings, pricing, software, hosting providers, maintenance procedures, workflows, business practices, policies, tools, platforms, plugins, processes, and service methods at any time.
The client is not entitled to require SCW to continue using a specific tool, plugin, host, software, workflow, platform, provider, or process unless specifically agreed in writing. SCW may replace third-party tools or providers with alternatives when SCW determines it is reasonably necessary.
38. Changes To These Terms & Conditions
SCW may modify these Terms & Conditions at any time. SCW will provide notice of material changes.
The client is responsible for reviewing updated Terms & Conditions. Continued use of SCW services after the effective date of updated terms constitutes acceptance of the revised terms.
If the client does not agree to updated terms, the client may cancel services before the effective date of the changes. SCW may require affirmative acceptance of updated terms when SCW determines it is necessary.
39. Breach Of Agreement
The client agrees to comply with all terms in this agreement. A violation of any material provision may be considered a breach.
If the client breaches these terms, SCW may suspend work, suspend hosting, suspend services, close the project, terminate the relationship, remove the website from hosting, or refuse future service. SCW may take such actions immediately and without prior notice when reasonably necessary.
Termination, suspension, or project closure resulting from client breach does not entitle the client to a refund. Deposits, completed-work payments, subscription payments, and other fees remain non-refundable after termination resulting from client breach.
40. Refunds
Deposits are non-refundable. Final payments are non-refundable after approval. Subscription payments are non-refundable. Partial months are non-refundable. Payments for completed work are non-refundable.
Cancellation, abandonment, non-response, delayed hosting, failure to use the website, failure to use services, breach of agreement, or termination caused by the client does not entitle the client to a refund.
41. Limitation Of Liability
SCW is not responsible for lost profits, lost revenue, lost business opportunities, lost leads, lost bookings, lost sales, lost data, indirect damages, incidental damages, consequential damages, special damages, punitive damages, third-party failures, downtime caused by third parties, or hacking incidents caused by third parties.
To the extent allowed by law, SCW’s maximum liability is limited to the amount paid by the client for the specific service giving rise to the claim.
42. Communication & Written Notice
The client must communicate cancellations, dissatisfaction, requested revisions, approval issues, and important project decisions in writing.
Written communication may include email, text message, project message, or another method accepted by SCW. Written communication controls in the event of a dispute.
The client is responsible for monitoring the contact methods they provide to SCW. SCW is not responsible for missed communications caused by incorrect contact information, full inboxes, spam filtering, disabled notifications, or failure to monitor communication channels.
Verbal discussions, informal statements, assumptions, or prior conversations do not override the written agreement.
43. Legal, Tax & Professional Advice Disclaimer
SCW is a website design and website service company. SCW is not a law firm, accounting firm, tax preparation company, financial advisor, or professional compliance advisor.
Any content, templates, suggestions, examples, recommendations, or placeholder language provided by SCW are for general website, design, marketing, and organizational purposes only. Nothing provided by SCW should be interpreted as legal advice, tax advice, accounting advice, financial advice, regulatory advice, or professional compliance advice.
The client is responsible for consulting with an attorney, tax professional, accountant, financial professional, or other qualified advisor regarding any legal, tax, financial, regulatory, privacy, advertising, industry-specific, or compliance obligations that apply to the client’s business.
SCW is not responsible for any claims, penalties, losses, damages, disputes, fees, legal issues, tax issues, compliance issues, or other consequences resulting from the client’s reliance on SCW content, templates, suggestions, or placeholder materials as legal, tax, accounting, financial, or professional advice.
44. No Partnership Or Agency Relationship
Nothing in these terms creates a partnership, joint venture, employment relationship, agency relationship, fiduciary relationship, franchise relationship, or similar relationship between SCW and the client.
SCW is an independent service provider.
45. Entire Agreement
These Terms & Conditions, along with any written project agreement, invoice, scope description, or written approval accepted by SCW, make up the agreement between the client and SCW.
Verbal statements, informal discussions, marketing materials, prior messages, assumptions, or expectations do not override the written agreement.
46. Governing Law, Disputes & Attorney Review Placeholder
These terms should include final attorney-drafted language covering governing law, venue, dispute resolution, attorney fees, severability, force majeure, indemnification, limitation of liability, notice requirements, electronic acceptance, and related legal provisions.
This section is intentionally left as a placeholder for attorney review and final drafting.