Terms of Service

By creating an account, placing an order, approving a quote or using any of our Services, you agree to these Terms, our Privacy Policy and our Acceptable Use Policy (together, the "Agreement"). If you don't agree, please don't use the Services.

If you accept these Terms on behalf of a business or other organization, you confirm that you have authority to bind it, and "you" refers to that organization.

Where a signed proposal or statement of work for a specific project conflicts with these Terms, the proposal takes priority for that project only.

3.1Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services.

3.2Account information

Keep your name, email address, phone number and billing details accurate and current. We send important notices, including renewal and suspension warnings, to the email address on your account.

3.3Account security

You are responsible for keeping your sign-in details secure and for all activity under your account, including by anyone you give access to. Tell us immediately if you believe your account has been accessed without permission. We will never ask for your password by email.

We send text messages under our registered brand name, Site Smith. This section applies whenever you give us a mobile number, and is in addition to the rest of this Agreement.

4.1What we send

Our text messages are transactional. We do not send marketing or promotional text messages, and we do not sell or rent your mobile number.

• Account security: phone verification codes, sign-in codes and two-step authentication codes.
• Service and billing alerts: invoice and renewal reminders, failed payment and suspension warnings, and notices about incidents or planned maintenance affecting a Service you use.

4.2How you opt in

You opt in by adding a mobile number to your account and confirming the code we text you. Agreeing to receive text messages is never a condition of buying any Service. Only add a number you control, or one you have the account holder's permission to use.

4.3Message frequency and cost

Message frequency varies and depends on how you use your account, for example how often you sign in with a code and whether an invoice or Service needs your attention.

Message and data rates may apply. Site Smith is not responsible for charges from your mobile carrier.

4.4Opting out and getting help

Reply STOP to any message to stop receiving texts from us. We will send one confirmation message and then no further texts unless you opt in again. Reply HELP for help, or email [email protected].

Stopping texts does not cancel your Services. If you opt out you will need a different sign-in and two-step method, and we will send account and billing notices to your email address instead.

4.5Delivery

Mobile carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, device and coverage, so do not rely on text messages as your only way of receiving urgent notices. We also send every important account notice by email.

4.6Keeping your number current

Tell us if your mobile number changes or you give it up, so that codes and alerts do not reach someone else. You can update or remove your number in your account at any time.

5.1Placing an order

An order becomes a contract when we accept it and your first invoice is paid. We may decline an order at our discretion, for example if it fails a fraud check or would breach our Acceptable Use Policy.

5.2Setup

Hosting accounts are normally set up automatically within minutes of payment. We'll email your login details once your account is ready.

5.3Verification

To protect our customers and network, we may ask you to verify your identity or payment method before activating or continuing a Service.

6.1Plan resources

Each Hosting plan includes the storage, websites, email accounts and features listed on our pricing page when you order. Upgrades take effect immediately; downgrades take effect at your next renewal.

6.2Shared environment and fair use

Hosting runs on shared servers. If an account uses enough CPU, memory, disk activity or bandwidth to degrade service for others, we will contact you to agree a fix, such as optimizing the site or moving to a larger plan. Where there is an immediate risk to other customers, we may limit the account first and contact you promptly afterwards.

6.3Server software

We manage and update the server operating system, web server, PHP versions, database server and control panel. We may retire outdated software versions after giving reasonable notice.

6.4Email

Hosting email is for normal business correspondence. Bulk or marketing email must be sent through a dedicated email marketing provider, as described in our Acceptable Use Policy.

7.1Quotes and the price cap

Every Project starts with a Quote based on estimated hours at our hourly rate, giving a minimum and a maximum price. The maximum is a cap: if the agreed scope takes longer than estimated, you will not be charged above the maximum. Quotes are valid for 30 days.

7.2Changes to scope

Work you request beyond the agreed scope is quoted separately and only started after you approve it in writing. Email is fine.

7.3Payment milestones

Unless your Quote says otherwise, Project fees are invoiced as follows:

7.4Your responsibilities

Projects run on time when feedback does. You agree to provide content, access and decisions reasonably promptly, and to make sure you have the rights to any content you give us.

7.5Paused projects

If we are waiting on you for more than 60 days, we may pause the Project and invoice for work completed since the last milestone. Restarting a paused Project may require an updated schedule.

7.6Acceptance

Each milestone is accepted when you approve it or 10 business days after we deliver it, whichever is sooner, unless you tell us about a material problem in that time. We'll fix defects in the agreed scope that you report within 30 days of launch at no charge.

8.1What's included

A Care Plan includes Hosting for one website plus the maintenance listed for your plan, such as software updates, uptime monitoring, backups, health reports and a monthly allowance of small changes.

8.2Change allowance

Your monthly allowance of changes covers small edits and fixes. Unused time does not roll over. Larger work, such as new pages, features or redesigns, is quoted separately.

8.3Sites we didn't build

Before we accept a website we didn't build onto a Care Plan, we'll review it. If it needs security or compatibility work first, we'll quote that separately.

8.4Exclusions

Care Plans don't include fixing problems caused by changes made by you or other developers, third-party service outages, or rebuilding a site after it has been compromised through your own credentials. We'll always tell you before starting chargeable work.

9.1Prices and taxes

Prices are in US dollars and exclude any applicable taxes, which will be added to your invoice where required.

9.2Automatic renewal

Hosting and Care Plans are billed in advance, monthly or yearly, and renew automatically for the same period until cancelled. Yearly billing is charged at ten months' price.

9.3Payment

Payments are processed securely by Stripe. By saving a payment method, you authorize us to charge renewal invoices to it when they are due.

9.4Price changes

We may change our prices for future renewal periods. We will give you at least 30 days' notice by email, and you may cancel before the new price applies.

9.5Late payment

If an invoice isn't paid, the following steps apply. We'll email you before each one.

9.6Disputed charges

If you believe a charge is wrong, please email [email protected] before disputing it with your bank so we can resolve it quickly. Accounts with open chargebacks may be suspended while the dispute is reviewed.

10.1Cancelling a plan

You can cancel Hosting or a Care Plan at any time from your client area. The Service remains active until the end of the period you've paid for and is then closed.

10.2Refunds

Fees for a billing period that has already started are non-refundable, except where required by law or where we terminate a Service without cause.

10.3Cancelling a project

You may cancel a Project at any time by telling us in writing. The deposit covers time reserved for you and is non-refundable once work has begun. You pay for milestones completed plus hours worked since the last milestone, up to the maximum price. You receive the Deliverables completed so far once paid.

Domains we register for you are registered in your name as the registrant, subject to the rules of the relevant registry and ICANN. You're responsible for renewing your domains unless renewal is included in your plan. Domains that expire can be lost permanently, so keep your contact email current. We will release the transfer code for your domain on request, provided the domain is not subject to an unpaid invoice or a registry lock period.

12.1Ownership

You keep all rights to your Client Content. You grant us a limited license to host, copy, back up and display it only as needed to provide the Services.

12.2Your responsibilities

You are responsible for your Client Content and for making sure your websites comply with the law, including privacy, consumer protection and accessibility laws that apply to your business, and our Acceptable Use Policy.

13.1Deliverables

Once you have paid all Project fees in full, ownership of the Deliverables created specifically for you transfers to you. Until then, we grant you a license to use them for review.

13.2Our materials

We keep ownership of our pre-existing tools, code libraries, templates and know-how. Where they are included in your Deliverables, you receive a perpetual, royalty-free license to use them as part of your website or application.

13.3Third-party components

Themes, plugins, fonts, images and open-source software included in your site remain subject to their own licenses, which we'll tell you about where they involve ongoing costs.

13.4Portfolio

We may show your completed website in our portfolio and marketing unless you ask us not to.

We take daily backups of Hosting accounts and keep them for the retention period of your plan. Backups are provided as a convenience and are not guaranteed. You should keep your own copies of important data.

When a Service ends, we keep its data for up to 14 days so you can request a copy, after which it is permanently deleted, including from backups as they expire.

15.1Availability

We monitor our servers around the clock and aim for high availability, but we do not guarantee uninterrupted service. Planned maintenance is scheduled for low-traffic hours where possible, with advance notice for anything expected to cause downtime.

15.2Support

Support is provided by email and support ticket on business days (Monday to Friday, excluding public holidays). We aim to reply within one business day, or within the same business day on Priority Care.

The Services rely on third parties such as payment processors, domain registries, software vendors and data centers. We are not responsible for their acts or outages, but we'll work with them on your behalf to resolve problems.

Each of us will keep confidential any non-public information the other shares in connection with the Services, and use it only for that purpose. This doesn't apply to information that is public, already known, independently developed, or required to be disclosed by law.

We will provide the Services with reasonable care and skill, in line with generally accepted industry standards.

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special or consequential losses, or for lost profits, revenue, data or business opportunities, even if advised of their possibility.

Our total liability for all claims relating to the Services is limited to the amounts you paid us for the affected Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

You agree to defend and indemnify us against claims, damages and costs, including reasonable legal fees, arising from your Client Content, your breach of this Agreement or your violation of any law or third-party right.

21.1By you

You may cancel any Service as described in section 9.

21.2By us

We may suspend or terminate a Service if you materially breach this Agreement, fail to pay, use the Services unlawfully, or put our network or other customers at risk. Where reasonable, we'll give you notice and an opportunity to fix the problem first.

21.3Effect of termination

When a Service ends, your right to use it stops, outstanding invoices become due, and we handle your data as described in section 13. Sections that by their nature should survive, such as payment, intellectual property, liability and indemnification, continue to apply.

Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, widespread internet or power outages, acts of government, or attacks on infrastructure, provided it takes reasonable steps to limit the impact.

This Agreement is governed by the laws of the state in which SiteSmith is registered and applicable US federal law, without regard to conflict-of-law rules.

Before starting any formal proceedings, you agree to contact us at [email protected] and give us 30 days to try to resolve the dispute informally. Most concerns can be resolved quickly this way.

We may update these Terms from time to time. For material changes, we'll email you at least 30 days before they take effect. If you continue to use the Services after that date, the updated Terms apply. If you don't agree, you may cancel before they take effect.

• Entire agreement: this Agreement, with any signed Quote or proposal, is the entire agreement between us about the Services.
• Severability: if any part is found unenforceable, the rest remains in effect.
• No waiver: not enforcing a right is not a waiver of it.
• Assignment: you may not transfer this Agreement without our consent. We may transfer it as part of a merger, acquisition or sale of assets, with notice to you.
• Notices: we send notices to your account email; you can send notices to us at [email protected].

Questions about these Terms? Email [email protected] and a member of our team will reply within one business day.