1. Agreement to Terms

By accessing or using the Smith Web Co. website (smithwebco.com) or purchasing our services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.

2. Services

Smith Web Co. provides web design, development, hosting, and related digital services for small businesses. Specific deliverables, timelines, and pricing are outlined in individual project agreements or invoices provided to each client.

3. Project Agreements

Before work begins on any project, we will provide a written scope of work that includes:

Description of deliverables
Project timeline
Total cost and payment schedule
Number of revision rounds included

Work begins only after the client approves the scope and submits the required deposit (if applicable).

4. Pricing & Payment

One-Time Fees

Website design and development fees are one-time charges due according to the payment schedule outlined in your project agreement. Typical structure:

50% deposit before work begins
50% balance due upon project completion, before the site goes live

Monthly Fees

Hosting, maintenance, and support plans are billed monthly. These fees cover:

Website hosting and uptime
Security updates and monitoring
Minor content updates (as specified in your plan)
Ongoing technical support

Monthly fees are billed on the same date each month and are due upon receipt.

5. Revisions

Each project includes a specified number of revision rounds (typically 2-3, depending on your plan). A revision round is a set of changes submitted together. Additional revisions beyond the included rounds may be billed at an hourly rate, which will be communicated before work begins.

6. Client Responsibilities

To keep your project on track, you agree to:

Provide content, images, logos, and other materials in a timely manner
Respond to requests for feedback or approval within a reasonable timeframe
Provide accurate business information for use on the website
Ensure you have the rights to all content you provide

Delays in providing materials or feedback may extend project timelines.

7. Intellectual Property

Your Content

You retain ownership of all content you provide (text, images, logos, branding). You grant us a license to use this content for the purpose of building and maintaining your website.

Our Work

Upon full payment, you own the completed website design and code. We retain the right to display the project in our portfolio and reference it as a past client, unless you request otherwise in writing.

Third-Party Assets

If we use third-party assets (stock photos, fonts, plugins), they remain subject to their respective licenses. We will inform you of any ongoing license requirements.

8. Website Hosting

If you use our hosting services:

We will maintain reasonable uptime and security for your website
We perform regular backups but recommend you maintain your own copies of important content
We are not liable for downtime caused by third-party services, hosting providers, or events beyond our control

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITH WEB CO. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SERVICES PROVIDED, REGARDLESS OF THE THEORY OF LIABILITY.

Smith Web Co. provides web design and hosting services on an "as is" basis. We are not liable for:

Loss of business, revenue, or data resulting from website downtime or technical issues
Third-party service failures (hosting providers, domain registrars, email services, payment processors)
Search engine ranking results, traffic outcomes, or advertising performance
Any claims, fines, penalties, or legal actions arising from the Client's business operations, products, services, or content
Any damages exceeding the lesser of (a) the total amount paid for the specific service in question in the prior 3 months, or (b) $500

9a. Indemnification

You agree to indemnify, defend, and hold harmless Smith Web Co., its owner(s), employees, contractors, and agents from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to your use of our services, your business operations, the content on your website, or your violation of these Terms or any applicable law.

9b. Regulated Industries

Smith Web Co. works with lawful businesses across a variety of industries, including regulated industries such as firearms, alcohol, health and wellness, and financial services. If your business operates in a regulated industry, you are solely responsible for ensuring that your business, products, services, website content, and advertising comply with all applicable federal, state, and local laws, regulations, and licensing requirements.

Smith Web Co. does not provide legal, regulatory, or compliance advice. We recommend consulting with a qualified attorney for guidance specific to your industry.

10. Termination

Either party may terminate the business relationship:

Active projects: If you cancel a project in progress, the deposit is non-refundable. Work completed up to the cancellation point remains your property upon payment for that work.
Monthly services: You may cancel monthly hosting/maintenance with 30 days written notice. See our Refund Policy for details.

11. Dispute Resolution

If a disagreement arises, we'll first try to resolve it through direct communication. If we can't reach a resolution, disputes will be handled through mediation or, if necessary, binding arbitration in accordance with applicable state law.

12. Changes to These Terms

We may update these terms from time to time. Changes will be posted on this page. For active clients, we will notify you of significant changes via email. Continued use of our services constitutes acceptance of updated terms.

13. Contact

Questions about these terms? Contact us:

Smith Web Co.
Email: hello@smithwebco.com
Website: smithwebco.com

Terms of Service