1. Acceptance of These Terms
By accessing a SyteMakers website, purchasing or subscribing to SyteMakers services, authorizing SyteMakers to begin work, or otherwise using our services, you agree to these Terms of Service.
If you do not agree to these Terms, you should not purchase or use SyteMakers services.
2. SyteMakers Services
SyteMakers provides website development and related digital services for businesses. Depending on the plan or service purchased, services may include:
- Website design and development
- Website hosting
- Mobile and desktop optimization
- Website maintenance
- Content and information updates
- Contact forms and lead-capture functionality
- Domain connection assistance
- Third-party integrations
- Basic search-engine optimization and website structure
- Technical support related to the customer's website
The exact services included depend on the plan, offer, proposal, or other agreement applicable to the customer.
3. Website Plans and Pricing
SyteMakers may offer website services through recurring monthly plans or other pricing arrangements.
Current pricing, features, and plan limits may be displayed on the SyteMakers website or communicated directly to the customer.
Unless otherwise stated in writing, recurring website plans are billed on a subscription basis and continue until canceled in accordance with these Terms.
Promotional pricing, discounts, custom offers, or individually negotiated pricing may differ from publicly advertised pricing.
4. Development Cost
Certain SyteMakers plans may include website development without a separate upfront development charge.
"No development cost," "free website development," or similar language means that no separate development fee is charged for development included within the applicable subscription or offer. It does not mean that all services, features, third-party costs, domains, or future work are free.
5. Customer Responsibilities
Customers are responsible for providing information reasonably necessary for SyteMakers to complete and maintain their website.
This may include:
- Business name and contact information
- Service information
- Logos and branding materials
- Photographs and project images
- Pricing or service-area information
- Social media links
- Reviews or testimonials
- Other content requested for the website
Customers are responsible for reviewing their website and notifying SyteMakers of inaccurate or outdated information.
6. Customer-Provided Content
By providing SyteMakers with photographs, logos, trademarks, text, reviews, testimonials, videos, graphics, or other materials, the customer represents that they own the materials or have the necessary permission and rights to use them.
The customer authorizes SyteMakers to use, reproduce, modify, resize, format, display, and otherwise process those materials as reasonably necessary to provide the customer's website and related services.
Customers are responsible for claims resulting from materials they provide without sufficient authorization or rights.
7. Website Content and Accuracy
SyteMakers may assist with organizing, formatting, drafting, or presenting website content. However, the customer remains responsible for the accuracy of information concerning their business, services, qualifications, licenses, pricing, policies, claims, and other business-specific information.
Customers should review their website before and after publication and notify SyteMakers of corrections that are reasonably necessary.
8. Website Revisions and Updates
Website updates or revisions may be included depending on the customer's plan.
SyteMakers reserves the right to determine whether a requested change constitutes a normal website update or requires additional development, redesign, functionality, integrations, or other work outside the scope of the customer's current plan.
Significant redesigns, new functionality, additional pages, extensive content creation, or other work outside the applicable plan may require additional fees or a different service plan.
9. Domains
Unless otherwise agreed, customers are encouraged to purchase and maintain ownership of their own domain name.
SyteMakers may assist customers with connecting domains, configuring DNS records, or performing other technical setup.
Customers are responsible for domain registration fees, renewals, maintaining access to their domain registrar account, and keeping their domain registration active unless a separate agreement specifically states otherwise.
Failure to renew a domain or maintain control of a domain registrar account may cause a website or related services to become unavailable.
10. Third-Party Services
SyteMakers websites may connect with or rely upon third-party services such as domain registrars, hosting infrastructure, payment processors, CRM systems, social media platforms, booking platforms, analytics providers, email services, APIs, and other technology providers.
SyteMakers does not control these third-party services and cannot guarantee their availability, performance, security, policies, pricing, or continued functionality.
Changes, outages, restrictions, account suspensions, API changes, or other issues caused by third-party providers may affect website functionality and are outside SyteMakers' direct control.
11. Billing and Recurring Payments
Recurring plans are billed according to the billing cycle associated with the customer's subscription.
By starting a recurring subscription, the customer authorizes the applicable payment processor to charge the payment method provided for recurring fees until the subscription is canceled.
Payment processing may be handled by third-party providers. SyteMakers does not directly store complete payment-card information submitted directly to those providers.
12. Failed or Past-Due Payments
Customers are responsible for maintaining a valid payment method and paying amounts due under their subscription or service agreement.
If payment fails or an account becomes past due, SyteMakers may attempt to contact the customer and payment processors may retry the payment.
SyteMakers reserves the right to suspend website hosting, maintenance, updates, access, or other services when an account remains unpaid.
Services may be restored after outstanding amounts are paid, subject to technical availability and any applicable restoration requirements.
13. Cancellation
Customers may request cancellation of recurring SyteMakers services.
Cancellation prevents future subscription renewals after the applicable cancellation takes effect. Amounts already paid are generally non-refundable unless otherwise required by law or expressly agreed to by SyteMakers.
Cancellation of a website plan may result in termination of hosting, maintenance, updates, technical support, and other services included with that plan.
14. Refunds
Unless otherwise stated in writing or required by applicable law, payments made to SyteMakers are non-refundable once charged.
Customers are responsible for canceling recurring services before their next billing date if they do not wish to continue the service.
15. Website Availability After Cancellation
Website hosting provided as part of an active subscription may end when the subscription ends.
If a customer cancels but wants to transition the website or related materials to another hosting arrangement, SyteMakers may offer transition, migration, export, or other assistance where technically possible.
Such services may require an additional transition or service fee depending on the work required and the customer's plan or agreement.
16. Ownership and Use of Website Materials
Customers retain their rights to original logos, photographs, trademarks, business information, and other materials they provide to SyteMakers.
SyteMakers retains rights in its own tools, systems, code, templates, design methods, reusable components, processes, software, and other pre-existing or reusable intellectual property unless otherwise agreed in writing.
Ownership or transfer rights relating to a specific completed website may depend on the customer's plan, payment status, technical platform, third-party services, and any separate written agreement.
17. Portfolio and Promotional Rights
SyteMakers may display websites it has created, including screenshots, business names, logos, project descriptions, reviews, testimonials, and related materials, in portfolios, social media, advertising, marketing, or other promotional materials.
Customers may contact SyteMakers regarding future promotional use of their materials, and requests will be reviewed as appropriate.
18. Search Engine Optimization
SyteMakers may implement website structures, content, metadata, technical elements, or other practices intended to help search engines understand and discover a website.
SyteMakers does not guarantee any particular Google ranking, search-engine position, amount of organic traffic, indexing result, or placement in search results.
Search engines independently determine how websites are crawled, indexed, ranked, displayed, and changed over time. Their algorithms and policies are outside SyteMakers' control.
19. No Guarantee of Leads, Sales, or Revenue
Websites and related services are intended to help businesses establish and improve their online presence.
SyteMakers does not guarantee that a website will produce any particular number of visitors, inquiries, leads, appointments, customers, sales, revenue, or other business result.
Business performance can depend on many factors outside SyteMakers' control, including competition, pricing, reputation, location, demand, advertising, reviews, customer service, market conditions, and the customer's own business operations.
20. Website Availability and Downtime
SyteMakers aims to provide reliable website services but does not guarantee uninterrupted or error-free availability.
Websites may occasionally become unavailable because of maintenance, software issues, internet failures, hosting infrastructure, third-party outages, cyber incidents, domain problems, circumstances beyond reasonable control, or other technical issues.
Temporary downtime does not automatically entitle a customer to a refund or credit unless otherwise required by law or expressly agreed in writing.
21. Security
SyteMakers may take reasonable measures intended to maintain the security and reliability of websites and related systems.
However, no website, server, network, software platform, third-party integration, or electronic system can be guaranteed to be completely secure.
SyteMakers does not guarantee that websites will be immune from hacking, malware, unauthorized access, service disruption, data loss, or other cybersecurity events.
22. Prohibited Use
Customers may not knowingly use SyteMakers services for unlawful, fraudulent, abusive, deceptive, or malicious purposes.
Prohibited uses may include:
- Illegal products or services
- Fraud or impersonation
- Malware or malicious software
- Unauthorized collection of personal information
- Intellectual-property infringement
- Content that violates applicable law
- Activities intended to damage or interfere with systems or networks
SyteMakers may refuse, suspend, or terminate services involving prohibited or unlawful activity.
23. Suspension or Termination by SyteMakers
SyteMakers may suspend or terminate services when reasonably necessary because of:
- Nonpayment
- Violation of these Terms
- Fraudulent or unlawful activity
- Abuse of SyteMakers services or personnel
- Security risks
- Third-party platform restrictions
- Technical circumstances making continued service impractical
Where appropriate and reasonably practical, SyteMakers may attempt to provide notice before suspension or termination.
24. Limitation of Liability
To the maximum extent permitted by applicable law, SyteMakers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of or inability to use SyteMakers services.
This includes, where permitted by law, losses involving profits, revenue, business opportunities, customers, leads, data, reputation, or business interruption.
To the maximum extent permitted by applicable law, SyteMakers' total liability arising from a claim related to paid services will not exceed the amount paid by the customer to SyteMakers for the service giving rise to the claim during the three months immediately preceding the event giving rise to the claim.
Some jurisdictions do not permit certain limitations of liability, so some limitations may not apply in every situation.
25. Indemnification
To the extent permitted by applicable law, customers agree to be responsible for claims, losses, liabilities, or expenses arising from materials they provide, their business activities, their misuse of SyteMakers services, or their violation of these Terms or applicable law.
26. No Professional Advice
Unless specifically agreed otherwise, SyteMakers provides website development and related digital services and does not provide legal, accounting, tax, financial, or other regulated professional advice.
Customers are responsible for obtaining appropriate professional advice regarding legal notices, industry regulations, accessibility requirements, privacy requirements, licenses, disclosures, taxes, and other obligations applicable to their individual business.
27. Changes to Services and Pricing
SyteMakers may modify, add, remove, or discontinue features, services, plans, or pricing from time to time.
Changes affecting an existing customer's recurring subscription will be handled in accordance with applicable law and any applicable agreement or notice requirements.
28. Changes to These Terms
SyteMakers may update these Terms of Service as our business, technology, services, pricing, or legal requirements change.
When these Terms are updated, the "Last Updated" date shown above may be revised.
29. Governing Law
These Terms and disputes relating to SyteMakers services will be governed by applicable law, without limiting any rights that cannot legally be waived or restricted.
30. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
31. Entire Agreement
These Terms, together with any applicable plan details, proposal, invoice, order, service agreement, or other written agreement between SyteMakers and the customer, constitute the applicable agreement concerning the services covered by them.
If a separate written agreement expressly conflicts with these Terms, the more specific written agreement may control with respect to that conflict.
32. Contact
Questions regarding these Terms of Service may be submitted using the contact information below.
SyteMakers
Email: [email protected]