The agreement
These Terms of Service (the "Terms") form a binding agreement between you ("you," "your," or "Client") and WebWiz Studio ("WebWiz," "we," "us," or "our"). They govern your purchase and use of any services we offer, including website design and build, ongoing hosting, and care plans (together, "the Services"), and your use of trywebwiz.com (the "Site").
By submitting an order, paying an invoice, or using the Services, you agree to these Terms. If you're agreeing on behalf of a company, you represent that you have the authority to bind that company. If you don't agree, don't use the Services.
What we do
WebWiz designs, builds, deploys, and (optionally) hosts and maintains custom websites for small businesses. The exact scope of any project is defined by:
- The order form or quote you receive from us;
- The plan you select (build only, build + Hosting & Care, or build + Hosting & Care + Edits); and
- Any written change orders we agree to in writing or by email.
Anything outside that scope is "out of scope" and may require an additional fee or change order.
Pricing and payment
Build cost
The standard build is a flat $499 USD, payable in full at the time you place the order. The build cost includes everything described on our pricing page at the time of purchase. Custom work outside that scope is quoted separately.
Care plans
Our optional monthly care plans are billed in advance:
- Hosting & Care — $49/month: managed hosting, security, backups, SSL, domain renewal (one .com or .co), and unlimited traffic.
- Hosting & Care + Edits — $99/month: everything above plus up to 10 small edits per month (text, photos, links, simple swaps). Unused edits do not roll over. Edits are not transferable, refundable, or convertible to cash. Major redesigns or new pages aren't included; we'll quote those separately.
Care plans are month-to-month. You can cancel anytime; cancellation takes effect at the end of your current billing period.
Payment method
Payments are processed by Stripe. By placing an order, you authorize us (and Stripe) to charge your payment method for the amounts you've agreed to, including recurring charges if you've selected a care plan. You agree to keep your billing details current. If a charge fails, we'll notify you and may suspend the affected Services until you provide a working payment method.
Taxes
Prices do not include taxes unless stated. You're responsible for any sales tax, VAT, or other taxes that apply.
Late payment
If a recurring care plan charge fails for more than 14 days and we can't reach you, we may suspend hosting. If it fails for more than 60 days, we may archive the site and terminate the plan. Restoring an archived site after termination may require a reactivation fee.
Refund policy
- Build cost: non-refundable once we've started discovery (the project kickoff). If you cancel before the kickoff call, we'll refund the full $499 minus any payment processing fees.
- Care plans: non-refundable for the current month, but you can cancel anytime to stop the next charge.
- Errors and double charges: always refundable. Just let us know.
Your part
To deliver the project on time and on budget, we need you to:
- Give us accurate information about your business.
- Provide brand assets (logo, photos, copy) in usable formats and on a reasonable timeline. If we have to wait longer than 30 days for content, the project may be paused, and a restart fee may apply when you're ready.
- Confirm you own (or have a license to use) all content you give us, including text, images, logos, and trademarks.
- Respond to revision requests within the project window.
- Tell us if anything you submit is confidential.
Timeline and revisions
Most builds take about two weeks from kickoff to launch. The exact timeline depends on how quickly content and feedback come back to us. Each project includes two rounds of revisions. Additional rounds are billed at our then-current hourly rate; we'll quote you before doing the work.
"A revision" means changes to the design or copy on existing pages. New pages, new features, or net-new design directions are out of scope and quoted separately.
Hosting and care plans
If you choose a care plan, we host and maintain your site on infrastructure we manage. Our care plans include:
- Managed hosting on enterprise-grade servers.
- Automated daily backups stored across multiple regions.
- Free SSL certificate renewal.
- One free .com or .co domain renewal per year, while you're on a paid plan.
- Unlimited bandwidth and traffic, subject to the Acceptable Use rules below.
- 24/7 security monitoring and patching.
We aim for 99.9% uptime, measured monthly, excluding scheduled maintenance and force majeure (see below). This is a goal, not a guarantee, and is not a service-level agreement (SLA). We don't offer credits or refunds for downtime unless we choose to in our discretion.
Cancellation
You may cancel a care plan anytime through email at hello@trywebwiz.com. On cancellation:
- Service continues through the end of the current billing period.
- You can request a copy of your site files within 30 days of cancellation. After 30 days, we may delete the files and backups.
- If we registered a domain on your behalf, you can transfer it to another registrar at any time. We'll cooperate.
Ownership and intellectual property
Once your build is paid in full, you own the final design, copy you provided, and any custom code we wrote specifically for your site. Until then, all work product remains our property.
We retain ownership of:
- Tools, frameworks, libraries, snippets, and components we created or use across multiple projects.
- Our methodology and know-how.
- Drafts, mockups, and unused concepts we didn't deliver.
- The WebWiz brand, marks, and "Wizzy" mascot.
You grant us a non-exclusive, royalty-free license to display screenshots and links to your live site in our portfolio, case studies, and marketing materials, unless you ask us in writing not to.
Third-party tools
Your site may rely on third-party services we don't control: domain registrars, payment processors (Stripe), font providers (Google Fonts), email forwarding, analytics, and others. We're not responsible for their outages, pricing changes, policy changes, or discontinuation. If a third-party service we depend on becomes unavailable, we'll do our best to swap in a replacement.
Acceptable use
You agree not to use the Services to:
- Host or distribute illegal content, malware, phishing pages, or content that infringes someone else's rights.
- Send unsolicited bulk email (spam) from infrastructure we manage.
- Run cryptocurrency mining, torrenting nodes, ad networks, or proxy services.
- Host adult content, gambling, or anything that violates our hosting provider's terms.
- Resell our hosting to third parties without our written consent.
- Attempt to reverse engineer, attack, or interfere with our infrastructure.
"Unlimited traffic" means we don't meter normal business traffic. We reserve the right to reasonably limit or off-board sites whose traffic patterns are clearly abusive (DDoS amplification, file lockers, etc.).
Warranties and disclaimers
We'll deliver the Services with reasonable skill and care. Beyond that, the Services are provided "as is" and "as available". We don't warrant that the Services will be uninterrupted, error-free, completely secure, or fit for any specific purpose. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.
- Our total aggregate liability arising out of or related to these Terms or the Services is limited to the amount you paid us in the 12 months immediately before the event giving rise to the claim.
Some jurisdictions don't allow these limitations, so they may not fully apply to you. Nothing in these Terms limits liability for fraud, gross negligence, or anything that can't be excluded by law.
Indemnification
You agree to defend, indemnify, and hold WebWiz harmless from any third-party claims, losses, damages, or costs (including reasonable attorneys' fees) arising out of: (a) content or materials you provide; (b) your use of the Services in violation of these Terms; (c) infringement of someone else's intellectual property based on content you supplied; or (d) your business operations conducted through the website we built or host.
Termination
We may suspend or terminate your access to the Services if you breach these Terms, fail to pay, or use the Services in a way that exposes us to legal risk. We'll usually try to give you notice and a chance to fix it. Sections that by their nature should survive termination — payment, IP, indemnity, liability, disputes — will survive.
Governing law and disputes
These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute that isn't first resolved by good-faith negotiation. You and WebWiz each waive the right to a jury trial and the right to participate in any class action.
Before filing any formal claim, the parties agree to attempt to resolve the dispute by writing to hello@trywebwiz.com with a clear description of the issue and the desired resolution, and to negotiate in good faith for at least 30 days.
Changes to these Terms
We may update these Terms from time to time. We'll change the "Last updated" date at the top, and for material changes, we'll email active clients or post a notice on the homepage. Continued use of the Services after a change means you accept the updated Terms.
Contact us
WebWiz Studio
Email: hello@trywebwiz.com
Web: trywebwiz.com