1. Agreement to Terms

By accessing or using the website wemakewonderfulwebsites.com (the “Site”) or engaging our web design and development services (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Site or Services.

These Terms constitute a legally binding agreement between you and wemakewonderfulwebsites (“we,” “us,” or “our”), a business based in Los Angeles, California.

2. Services

We provide custom website design, development, hosting, and ongoing maintenance services for small businesses. Our standard offering includes:

A one-time setup fee of $750 for custom website design and development.
A monthly fee of $79 for hosting, maintenance, updates, and ongoing support.

Specific deliverables, timelines, and scope will be agreed upon between you and us before work begins. Any additional services beyond the standard scope may incur additional fees, which will be communicated and agreed upon in advance.

3. Client Responsibilities

As a client, you agree to:

Provide accurate and complete information, content, images, and materials needed for your website in a timely manner.
Respond to requests for feedback, approvals, and revisions within a reasonable timeframe.
Ensure that all content you provide does not infringe on any third-party intellectual property rights or violate any laws.
Maintain the confidentiality of any login credentials we provide to you.

4. Payment Terms

The $750 setup fee is due before work begins on your website.
The $79 monthly fee is billed on a recurring basis starting from the date your website goes live.
All payments are processed through our third-party payment processor.
If a payment fails or is late, we will notify you and provide a reasonable grace period. Continued non-payment may result in suspension of hosting and services.
The setup fee is non-refundable once work has begun. Monthly fees are non-refundable for the current billing period.

5. Intellectual Property

Our Work

Upon full payment of the setup fee, you own the custom design and content of your website. We retain the right to use the website in our portfolio and marketing materials unless you request otherwise in writing.

Third-Party Assets

Your website may include third-party assets (fonts, stock images, icons, open-source libraries) that are subject to their own licenses. We will ensure all third-party assets used are properly licensed, but those licenses remain governed by their respective terms.

Our Brand and Tools

All intellectual property related to our brand, proprietary tools, templates, and processes remains our exclusive property.

6. Website Hosting and Availability

We strive to maintain 99.9% uptime for all websites we host, but do not guarantee uninterrupted service.
We are not liable for downtime caused by factors outside our control, including but not limited to: third-party hosting provider outages, DNS issues, internet service interruptions, or force majeure events.
We will make reasonable efforts to notify you of planned maintenance that may affect availability.

7. Cancellation and Termination

By You

You may cancel your monthly service at any time by providing written notice (email is sufficient). Your website will remain live through the end of the current billing period. After cancellation, we can provide you with a copy of your website files upon request.

By Us

We reserve the right to terminate services if:

Payment is not received after reasonable notice and a grace period.
You violate these Terms or use our services for illegal purposes.
Your website content violates our acceptable use policy (Section 8).

In the event we terminate services, we will provide reasonable notice and an opportunity to retrieve your website files.

8. Acceptable Use

You agree not to use our services to:

Host, display, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
Infringe on any intellectual property rights of any party.
Distribute malware, viruses, or any other harmful software.
Engage in any activity that could damage, disable, or impair our servers or networks.
Violate any applicable laws or regulations.

9. Limitation of Liability

To the maximum extent permitted by applicable law, wemakewonderfulwebsites shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of our Site or Services.

Our total aggregate liability for any claims arising from or related to these Terms or our Services shall not exceed the total amount you have paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless wemakewonderfulwebsites and its founders, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to:

Your use of our Services.
Content you provide for your website.
Your violation of these Terms.
Your violation of any third-party rights.

11. Disclaimer of Warranties

Our Site and Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our Services will generate any specific business results, increase revenue, or attract a certain number of customers. Website performance depends on many factors outside our control.

12. Dispute Resolution

Any disputes arising from or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Los Angeles County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Last updated” date at the top of this page. For active clients, we will provide notice of material changes via email. Your continued use of the Site or Services after changes are posted constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and wemakewonderfulwebsites regarding the use of our Site and Services, and supersede all prior agreements and understandings.

17. Contact Us

If you have questions about these Terms, contact us at:

wemakewonderfulwebsites
Los Angeles, CA
Email: wemakewonderfulwebsites@gmail.com
Phone: (213) 410-4611