Website Design, Hosting & Maintenance Agreement

1. Agreement structure

This Agreement includes these general terms, Schedule A, which identifies the Client, selected design tier, payment arrangement, price, recurring charges, included services, exclusions, and any separately purchased scope, and any later written change order electronically accepted by both parties.

If Schedule A conflicts with these general terms, Schedule A controls only for the specific commercial or project term it expressly changes. Marketing pages, conversations, examples, concept studies, and portfolio demonstrations do not modify the purchased scope unless included in Schedule A or a signed change order.

2. Selected design tier and scope

The Client is purchasing only the design tier and services stated in Schedule A.

STWFY offers three design levels:

• Starter: a focused, polished website built on a vetted STWFY structural foundation, with client-specific branding, content, imagery, standard motion, and the Starter deliverables listed in Schedule A.
• Business: a tailored, multi-page conversion system with custom sales-critical sections, deeper trust architecture, selected custom motion, and the Business deliverables listed in Schedule A.
• Growth: a bespoke visual system with one or two strategically meaningful signature experiences and the Growth deliverables listed in Schedule A.
• The No-Upfront Option is the Business design level offered through a different payment arrangement. It is not the Growth design level. No-Upfront receives Business-level design scope and is subject to the minimum payment commitment stated in Schedule A.
• Features belonging to a higher tier are excluded unless Schedule A or a signed change order expressly includes them. Commerce, memberships, portals, complex calculators, advanced quoting engines, third-party integrations, large migrations, localization, original photography or video, licensed media, regulated-content review, and other independent scope modifiers are excluded unless expressly listed.

3. Design and production services

STWFY will design and develop the website described in Schedule A using the Client's approved information, materials, business goals, audience, and selected tier. STWFY may use software tools and artificial intelligence to assist with research, organization, ideation, implementation, testing, and quality assurance. Marcus Velazquez or an authorized STWFY representative remains responsible for final direction and delivery.

STWFY does not guarantee any particular search ranking, visitor volume, lead volume, conversion rate, revenue, profit, or other business outcome. Any estimate, concept, preview, or demonstration not expressly included in Schedule A is illustrative only.

4. Client responsibilities

The Client will:

1. provide accurate, lawful, and complete business information;
2. provide or authorize all required logos, copy, photographs, video, testimonials, reviews, credentials, and other materials;
3. confirm that the Client has permission to use every Client-provided item;
4. provide timely administrative or delegated editing access to the domain registrar and authoritative DNS provider, or, only if STWFY agrees, promptly and accurately apply DNS records supplied by STWFY, so STWFY can configure and verify the records required for public launch while preserving unrelated services;
5. review requests and previews within the time reasonably requested by STWFY;
6. identify regulated, licensed, medical, legal, financial, accessibility, privacy, or industry-specific requirements that apply to the Client; and
7. make final decisions about claims, offers, prices, policies, and business operations appearing on the website.

The Client is responsible for the accuracy and legality of Client-provided content and business claims. STWFY may refuse content or instructions that appear unlawful, deceptive, infringing, unsafe, or outside the purchased scope.

5. Design Revision Requests

The purchase includes three (3) Design Revision Requests.

A Design Revision Request is one consolidated round of written feedback delivered at one time after STWFY presents a reviewable design or revision. The Client should combine all requested changes for that round into one clear submission. Separate messages, later additions, or feedback from different decision-makers may be combined and treated as the same round only at STWFY's discretion.

A Design Revision Request does not include a new project, a change of purchased tier, a new visual direction after approval, additional pages or functionality, replacement of previously approved content, or work outside Schedule A. Those changes require a separately priced change order.

After the third included Design Revision Request is completed, the Client must either accept the design in its then-current form or purchase additional Design Revision Requests for $75 each, paid before the additional revision round begins.

Unused Design Revision Requests have no cash value and cannot be applied to hosting, maintenance, third-party costs, or another project.

6. Approvals and acceptance

The Client's written or electronic approval of a design direction, page, content item, feature, or launch decision authorizes STWFY to rely on that approval. A later reversal may require an additional Design Revision Request or change order.

The website is accepted when the earliest of the following occurs:

1. the Client expressly approves it;
2. the Client directs STWFY to launch it;
3. the Client uses all three included Design Revision Requests and does not purchase another request; or
4. the Client does not provide requested consolidated feedback within fourteen (14) calendar days after STWFY sends a review notice, after one written reminder.

Acceptance does not waive a written obligation that STWFY expressly agreed to complete after launch.

7. Timing and delays

Any timeline is an estimate unless Schedule A expressly states a binding deadline. Timelines depend on the Client's timely delivery of content, approvals, access, and feedback. Client delay may extend the schedule. If the Client is unresponsive for thirty (30) consecutive days, STWFY may place the project on hold. Restarting a held project may require a revised schedule and reasonable restart fee stated in a written change order.

8. Fees, payment, and recurring charges

The Client will pay the setup fee, monthly fee, minimum commitment, billing start date, and other charges shown in Schedule A.

For Starter, Business, and Growth purchases, the setup charge covers design and prelaunch production. Monthly hosting and maintenance begin on the date the website is launched publicly. The Client agrees to purchase three (3) consecutive monthly billing periods of hosting and maintenance beginning on that launch date (the Initial Launch Care Term).

Unless Schedule A expressly states a different signed arrangement, the recurring Care plans are Starter - Basic Care at $49 per month, Business - Business Care at $79 per month, and Growth - Growth Care at $99 per month. The selected Care plan and recurring charge must appear in Schedule A and in the purchase flow before payment.

The Initial Launch Care Term supports launch monitoring, hosting oversight, security and performance checks, form and link testing, routine maintenance, and the tier-appropriate support described in Schedule A. The Client authorizes STWFY and its payment processor to save the selected payment method during checkout and begin the disclosed recurring monthly charge when STWFY records the public launch.

After the three required monthly billing periods have been completed, hosting and maintenance automatically continue on a month-to-month basis at the rate shown in Schedule A. The Client may cancel month-to-month service at any time before the next renewal charge. Cancellation becomes effective at the end of the then-current paid billing period.

If the Client terminates service during the Initial Launch Care Term, the unpaid monthly charges remaining in the three-month commitment become due. Payments already submitted are final and non-refundable except where required by applicable law or expressly provided in this Agreement.

The No-Upfront Option is not governed by the three-month Initial Launch Care Term. It carries the Business design scope and a twelve (12) month minimum payment commitment beginning with the first payment at purchase. At the end of the first twelve billing periods, hosting and maintenance continue at the Business Care rate shown in Schedule A unless terminated in accordance with this Agreement. Ending use of the website during the minimum commitment does not erase unpaid committed installments except where required by law or expressly agreed by STWFY in writing.

The Client authorizes STWFY's payment processor to charge the selected payment method according to Schedule A. Failed or overdue payments may result in work suspension, website suspension, delayed launch, or termination after reasonable notice. The Client remains responsible for valid amounts due, including approved additional revision charges and change orders.

9. No-refund policy

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE ONCE SUBMITTED, EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR EXPRESSLY PROVIDED IN THIS AGREEMENT.

The Client acknowledges that, before payment, STWFY displays the selected design level, included services, material exclusions, setup charge, recurring charge, billing timing, minimum commitment, revision allowance, and this no-refund policy. The Client is responsible for asking questions and confirming that the purchase is suitable before submitting payment.

This policy does not eliminate rights that cannot lawfully be waived, remedies for an unauthorized charge, or remedies for STWFY's uncured material breach. A payment dispute or chargeback does not itself cancel a valid remaining payment obligation.

10. Hosting and maintenance

While the selected monthly Care plan is active and current, STWFY will provide the tier-appropriate services stated in Schedule A. Each Care plan includes managed hosting and SSL, security and uptime monitoring, routine platform and dependency updates, backups and reasonable recovery support, and the stated monthly content-update allowance. Recovery support is limited to commercially reasonable efforts using available backups and does not guarantee that every version or item of data can be restored.

Unless Schedule A expressly states a different signed arrangement, the tier-specific Care services are:

• Starter - Basic Care ($49 per month): up to thirty (30) minutes of content-update work; basic form and lead-flow checks; quarterly performance checks; standard support priority; no recurring analytics monitoring, SEO health check, or monthly report.
• Business - Business Care ($79 per month): up to sixty (60) minutes of content-update work; monthly form and lead-flow checks; basic analytics monitoring; quarterly performance checks; a basic quarterly SEO health check; faster support priority than Basic Care; and a simple monthly Care summary.
• No-Upfront: the same ongoing Care services, allowance, support priority, and reporting as Business Care at the Business Care rate shown in Schedule A after the twelve-month minimum commitment, unless Schedule A expressly states otherwise.
• Growth - Growth Care ($99 per month): up to ninety (90) minutes of content-update work; monthly form and lead-flow checks; analytics monitoring; monthly performance checks; a quarterly SEO health check; the highest Care-plan support priority; and a detailed monthly Care and performance summary.
• Monitoring, checks, reports, and support priority are operational services and targets, not guarantees of uninterrupted availability, immediate response, search ranking, lead volume, conversion, or business results. Support priority determines the order in which otherwise comparable requests are handled; the normal content-update completion targets below remain the applicable service targets.
• Starter - Basic Care: up to thirty (30) minutes of content-update work, submitted in no more than one (1) consolidated request batch per monthly billing period, with a normal completion target of five (5) business days.
• Business - Business Care: up to sixty (60) minutes of content-update work, submitted in no more than two (2) consolidated request batches per monthly billing period, with a normal completion target of three (3) business days.
• No-Upfront: the same content-update allowance, request-batch limit, and normal completion target as Business Care.
• Growth - Growth Care: up to ninety (90) minutes of content-update work, submitted in no more than three (3) consolidated request batches per monthly billing period, with a normal completion target of two (2) business days.
• A Content-Update Request is one consolidated submission of complete instructions and publication-ready materials for minor changes to content already appearing within the existing website structure. Included work may include changing business hours, contact information, prices, names, service descriptions, buttons, links, announcements, staff listings, or factual information; replacing an existing image; or placing Client-provided text into an existing blog or news layout. The Client must supply final text, properly licensed images, and clear instructions through STWFY's designated support method.
• The monthly allowance is measured by the actual time STWFY spends reviewing the request, preparing supplied materials, implementing the change, testing it, and publishing it. Routine hosting oversight, backups, security maintenance, uptime monitoring, and correction of an error caused solely by STWFY do not reduce the content-update allowance. Separate messages or later additions may be combined into a request batch or deferred to a later billing period at STWFY's reasonable discretion.
• Normal completion targets begin when STWFY has received a complete, in-scope request and all required materials and access. They are service targets rather than guaranteed deadlines. Complexity, Client delay, third-party availability, emergencies, holidays, and circumstances outside STWFY's reasonable control may extend completion time. Emergency, same-day, weekend, holiday, or after-hours service is not included.
• Content-update allowances do not include new pages or sections; redesigns or layout changes; new functionality, forms, integrations, or animations; major copywriting or research from scratch; photography, video production, media sourcing, or substantial image manipulation; advanced search-engine optimization, SEO campaigns, or keyword research; paid advertising; CRM builds or material CRM changes; automations; ecommerce additions; significant integrations; replacement of large amounts of previously approved content; accessibility, legal, regulatory, or industry-compliance review; major platform migrations; third-party subscription or usage fees; emergency work caused by the Client or a third party; or other work outside Schedule A.
• Unused monthly update time and unused request batches expire at the end of each monthly billing period. They do not accumulate, roll over, transfer, reduce another charge, or have cash value.
• If a requested update exceeds the applicable time allowance, request-batch limit, or included scope, STWFY will provide an estimate and obtain the Client's approval before performing billable work. Additional approved content-update work is billed at $75 per hour in thirty-minute increments ($37.50 per increment), unless a signed change order states otherwise.
• Care-plan prices cover only the STWFY services expressly listed in this Agreement and Schedule A. Unless Schedule A expressly includes a particular third-party cost, the Client is responsible for third-party subscription, license, domain-registration, transaction, usage, advertising, media, plugin, application, and similar provider charges. STWFY will disclose a known third-party cost and obtain the Client's approval before purchasing it on the Client's behalf.
• STWFY may use third-party hosting, content-management, analytics, email, security, payment, and infrastructure providers. Third-party availability, terms, and pricing may change. STWFY will not materially reduce the purchased service without notice, but may replace a third-party provider with a reasonably comparable provider.

11. Termination of hosting and maintenance

After any applicable minimum commitment is satisfied, the Client may terminate monthly hosting and maintenance at any time before the next renewal charge by written or electronic notice. Unless the parties agree otherwise, termination takes effect at the end of the current paid billing period. Partial billing periods are not prorated or refunded except where required by law.

STWFY-managed hosting and SSL are tied to an active, current Care plan. If the Care plan ends, STWFY's hosting obligation ends with the current paid billing period unless the parties separately agree in writing to a paid hosting-only arrangement, migration, export, or other handoff. Any handoff assistance beyond the export described in Section 13 is separately scoped and quoted before work begins.

STWFY may terminate or suspend service for nonpayment, unlawful use, security risk, infringement, abuse, material breach, or instructions that expose STWFY or others to unreasonable legal or operational risk. When reasonably possible, STWFY will provide notice and an opportunity to cure before termination.

Termination of hosting does not automatically transfer a domain name, third-party subscription, email account, advertising account, or platform account. Those items are governed by their ownership records and provider terms.

12. Client ownership and STWFY retained materials

After all applicable design fees and committed amounts are paid, STWFY assigns to the Client STWFY's transferable copyright interest in the final, Client-specific website design and custom deliverables created under Schedule A (the Client-Owned Deliverables). The Client grants STWFY a limited license to host, maintain, back up, display, and modify the Client-Owned Deliverables while providing services and to display completed public-facing work in STWFY's portfolio unless Schedule A states that portfolio use is prohibited.

Client-Owned Deliverables do not include:

• Client materials, which remain owned by the Client or their licensors;
• STWFY's pre-existing or generally reusable tools, libraries, frameworks, components, processes, templates, utilities, know-how, and design systems;
• third-party software, fonts, stock media, plugins, services, open-source materials, or platform code; or
• concepts, drafts, rejected directions, tests, and working files not included in the final delivery.

To the extent an STWFY retained item is embedded in the exported website and is necessary to operate the Client-Owned Deliverables, STWFY grants the Client a perpetual, non-exclusive, non-transferable except with the website, royalty-free license to use that embedded item as part of the website, subject to third-party and open-source terms.

13. Website export after termination

When monthly hosting and maintenance terminate and all valid balances are paid, STWFY will provide the Client with a download link for the then-current exportable version of the Client-Owned Deliverables. The link will remain active for thirty (30) calendar days after STWFY sends it to the Client's last provided email address.

The Client is solely responsible for downloading, verifying, securing, and migrating the export during that period. The export may not include STWFY retained materials, non-transferable licenses, provider-controlled services, credentials, server secrets, managed databases that cannot lawfully or technically be transferred, or third-party services requiring a new account or license. STWFY will identify material exclusions or migration requirements known at the time of export.

The original download link will deactivate automatically after the initial 30-day period. Expiration of a download link, failure to download an export, termination of hosting and maintenance, or payment of a replacement-link fee does not change the Client's ownership of the Client-Owned Deliverables. Once ownership has been assigned to the Client under Section 12, that ownership remains with the Client.

If the Client requests a new download link after the initial link expires and STWFY still retains a recoverable archival copy, the Client must pay a $99 replacement download-link fee. After payment, STWFY will provide one replacement link that remains active for another thirty (30) calendar days. The fee covers archival retrieval and renewed download access; it does not repurchase, restore, or otherwise affect the Client's ownership, and it does not include migration, technical support, redesign, dependency repair, third-party fees, or adaptation to a new host. Unless Schedule A states a longer period, STWFY is not obligated to retain an archival copy after twelve (12) months from the original link's expiration, and availability of a replacement link after that period is not guaranteed. The Client remains the owner even if STWFY no longer has a recoverable archival copy.

Because a copyright transfer generally must be written and signed, the parties intend their electronic signatures on this Agreement to sign and authenticate the assignment to the Client described in Section 12.

14. Domains, accounts, and third-party services

Schedule A should identify who owns or controls each domain, hosting account, analytics account, content-management account, email service, payment service, and other material platform. Unless expressly purchased or transferred, third-party fees are the Client's responsibility.

Before STWFY can launch the website on the Client's domain, the Client must provide STWFY with sufficient administrative or delegated editing access to the domain registrar and the provider hosting the domain's authoritative DNS records. That access must allow STWFY to create, edit, remove, and verify the web-routing and domain-verification records reasonably required to connect the domain to the Client's website. Providing access does not transfer ownership of the domain or account to STWFY.

STWFY will limit DNS changes to records reasonably necessary for the website launch, such as applicable A, AAAA, CNAME, ALIAS or ANAME, redirect, and TXT verification records. STWFY will not intentionally alter MX, SPF, DKIM, DMARC, or other records supporting the Client's email or unrelated services unless the Client separately authorizes that work in writing and STWFY agrees to perform it.

If STWFY agrees to permit a Client-managed DNS change instead of receiving editing access, the Client must apply STWFY's supplied records completely, accurately, and within the requested time. Public launch depends on successful DNS configuration, propagation, and verification. Missing access, incomplete or incorrect records, locked accounts, expired domains, registrar restrictions, or Client delay may postpone launch and extend the project schedule. STWFY is not responsible for a launch delay or service interruption caused by a condition outside STWFY's control or by a DNS change not made by STWFY.

The Client remains responsible for maintaining domain registration, accurate ownership and contact information, account security, and timely renewal. The Client must notify STWFY before making or authorizing a DNS change that could affect the hosted website while services remain active.

The Client must not share ordinary passwords when a provider supports delegated access, invitations, scoped keys, or other safer access. STWFY may refuse insecure credential handling.

15. Confidentiality and privacy

Each party will use reasonable care to protect the other party's nonpublic business information and will use it only to perform or receive services, enforce this Agreement, or comply with law. This duty does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.

The Client will not submit unnecessary sensitive personal information through the project intake. STWFY's privacy notice, as updated from time to time, describes STWFY's handling of personal information. Marketing consent is separate from transactional communications required to perform this Agreement.

16. Warranties and disclaimers

STWFY warrants that it will perform the purchased services in a professional and workmanlike manner. The Client's exclusive remedy for a substantiated breach of this warranty is for STWFY to use reasonable efforts to correct the nonconforming service after timely written notice.

Except for the express warranty above and any warranty that cannot lawfully be disclaimed, the services and deliverables are provided as is. STWFY does not warrant uninterrupted third-party services, permanent compatibility with future technology, specific search placement, legal compliance for the Client's industry, or any particular commercial result.

17. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, lost profits, lost revenue, lost data, or business interruption arising from this Agreement. STWFY's aggregate liability arising from the project will not exceed the amounts the Client paid to STWFY under Schedule A during the six (6) months preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited, a party's fraud or willful misconduct, the Client's payment obligations, or the Client's infringement or unlawful use of third-party rights.

18. Indemnity

The Client will defend and indemnify STWFY against third-party claims arising from Client-provided materials, Client business claims, Client products or services, Client instructions, or the Client's violation of law or third-party rights, except to the extent caused by STWFY's willful misconduct or uncured material breach.

19. Disputes, governing law, and venue

Before filing a lawsuit, each party will give written notice describing the dispute and allow at least thirty (30) days for good-faith informal resolution, unless emergency relief is reasonably necessary.

Texas law governs this Agreement without regard to conflict-of-law rules. Exclusive venue will lie in the state or federal courts serving the Texas county in which STWFY maintains its principal place of business, unless applicable law requires another forum.

20. Electronic records and signatures

The parties agree to conduct this transaction electronically. The Client confirms that the Client can access, download, save, and print the Agreement, Schedule A, receipt, and related records using a current web browser and PDF-capable software. The Client may request a paper copy by emailing STWFY at the notice email above. Unless prohibited by law, the Client may withdraw consent to future electronic records by written notice, but withdrawal does not invalidate records already provided or signatures already made and may prevent STWFY from continuing an online-only transaction.

The Client agrees that checking the required boxes, typing the Client's full legal name and initials, and selecting Sign Agreement and Continue to Payment demonstrates the Client's present intent to sign this Agreement and Schedule A. Electronic copies and records may be used as originals.

21. General terms

Neither party may assign this Agreement without the other party's written consent, except that STWFY may assign it to a future entity owned or controlled by Marcus Velazquez that succeeds to the STWFY business, provided the assignment does not materially reduce the Client's rights.

STWFY is an independent contractor. This Agreement does not create employment, partnership, joint venture, fiduciary, franchise, or agency authority.

Neither party is liable for delay caused by events beyond reasonable control, except that this section does not excuse payment obligations for services already provided or committed amounts already incurred.

If part of this Agreement is unenforceable, it will be narrowed or removed to the minimum extent necessary, and the remainder will continue. A waiver must be written and applies only to the specific instance. Section headings are for convenience. Provisions concerning payment, ownership, exports, confidentiality, disclaimers, liability, disputes, and records survive termination as appropriate.

This Agreement, Schedule A, and signed change orders are the entire agreement concerning the purchased project and replace prior discussions or representations about that project.

22. Changes to this Agreement

These terms and conditions may change from time to time because of changes in technology, applicable law, regulatory requirements, or STWFY's services and business practices.

If STWFY changes this Agreement, STWFY will notify the Client and provide the Client with a copy of the updated Agreement within ten (10) calendar days after the change. The Client will have thirty (30) calendar days after receiving the notice and updated Agreement to dispute the change by written notice to STWFY at the notice email listed above.