Terms Of Service

Terms of Service for Contractor Website Services

 

1. Introduction

These Terms of Service (“Terms”) govern your use of Contractor Website Services (“we,” “our,” or “us”) products and services, including website development, domain name registration, and media services. By using our services, you agree to these Terms.

2. Website Development Services

2.1. Non-Refundable: Once purchased, our website development services are non-refundable due to the substantial work involved in creating your website.

2.2. Unlimited Changes: We provide unlimited changes during the development process to ensure your satisfaction with the final product.

2.3. Client Responsibilities: You agree to complete our onboarding form, which includes questions about your company. You also agree to provide images representing your work.

3. Monthly Marketing Services

3.1. Recurring Billing: By subscribing to our monthly services, you authorize us to automatically bill you each month.

3.2. No Refunds: Once a month of service is completed, no refunds will be issued.

3.3. Month-to-Month Contract: Our agreement is on a month-to-month basis with no long-term commitment.

3.4. Cancellation: To cancel, you must complete this form: https://www.contractorwebsiteservices.com/cancel-recurring-payment/. Cancellations are not valid unless this form is submitted.

4. Domain Name Services

4.1. Ownership: Domain names are managed by us but owned by you, the client.

4.2. Transfer Out:

a) If we transfer the domain for you, there is a one-time fee of $199.00.

b) If you initiate the domain transfer yourself, we will unlock the domain and provide the EPP code at no cost.

If Contractor Website Services performs the transfer on your behalf, a one-time administrative fee of $199.00 applies. This fee covers only the registrar-level domain transfer (unlocking, authorization, and EPP code delivery).

Important: If you request the release or transfer of additional connected systems, data, or content—including but not limited to website files, hosting configurations, JotForm forms, Google Business Profile, SEO data, AI prompts, or TrueBase-generated materials—these items fall under the Comprehensive Digital Asset Release and Transfer Fee outlined in Section 27.

4.3. Outstanding Balances: Domain names will remain locked and unavailable for transfer if there are any outstanding balances owed to us for any services.

5. Website Transfer

5.1. Option 1: We will provide admin access to your WordPress site for 30 days to facilitate transfer at no cost.

5.2. Option 2: We will zip up website files and transfer them using WeTransfer services for a fee of $199.00.

Note: If we have installed third-party forms on your website to collect leads, these forms may no longer function after the website is transferred. Reconfiguration of these forms by your new provider may be necessary to restore their functionality.

6. Annual Website Services – Transfer and Non-Renewal Policy

We provide Annual Website Services for the first 12 months under a deferred billing arrangement. On the 366th day, a fee of $899.00 will be billed to cover the previous 12 months of services, which include but are not limited to:

• Website hosting to ensure your website is live and accessible online.
• Website updates and adjustments (content updates, minor design changes, and ongoing improvements).
• Security monitoring and website backups to ensure your site remains secure and protected.
• SEO monitoring and optimization efforts to help improve your website’s ranking and visibility.
• Performance analysis to ensure your site loads efficiently and provides a good user experience.
• Technical support and troubleshooting to resolve any issues that may arise during the year.
• Third-party forms integration for lead collection and other purposes (if applicable).

6.1. Non-Refundable Annual Services: Once the $899.00 fee is billed for Annual Website Services, it is non-refundable as it covers the previous 12 months of services already provided.

6.2. Website Copy: Upon completion of your website build and payment of the website build fee, we will provide you with a full copy of your website files. This ensures that you retain complete ownership of the website’s design and content. This copy is provided as part of the build process, independent of ongoing services.

6.3. Transfer of Website Services:

• You must notify us in writing at least 30 days prior to the end of the 12-month period if you wish to transfer your website and discontinue our services. Notifications should be sent to support@www.contractorwebsiteservices.com.
• If this notification is received within the 30-day window, you will not be required to pay the $899.00 annual fee.
• If no notice is received before the 366th day, the $899.00 fee will be billed, and the full amount must be paid before any transfer of website or domain services can take place.
• Domain Transfer:
  • If you paid for the domain separately, we will include the domain as part of the transfer at no additional charge.
  • If we paid for the domain, a $199.00 domain services fee will be required to transfer ownership of the domain.
• Third-Party Forms: Please note that any third-party forms installed on your website (for lead collection or other purposes) may no longer function after the website is transferred to another provider. Reconfiguration of these forms by your new provider may be necessary to restore their functionality.

6.4. Non-Renewal: If you choose not to continue services after the 12-month period and no transfer is requested, you will be granted a 14-day grace period before any action is taken. During this period, your website and associated services will remain active. After 14 days of non-renewal, if no action is taken, your website and associated services will be deactivated. After 30 days of non-renewal, any content, including website files and domain, may be permanently deleted, unless arrangements for a transfer have been made in advance.

6.4. Loyalty Program: If a client pays for any of our services for 24 consecutive months, we will forgive the first year’s deferred billing fees of the Annual Services, currently billing at $899.00 a year, considering them paid in full.

Note: Email services provided through Google Workspace are managed separately and are unaffected by this policy.

7. Email Services

7.1. Google Workspace Terms of Service:
Contractor Website Services is a reseller of email services provided through Google Workspace. By purchasing our email services, you agree to the Google Workspace Terms of Service.

7.2. No Refunds:
There are no refunds for email services purchased, including situations where the customer initiates a transfer before the end of the billing period.

7.3. Billing:
Email services are billed based on the type of billing plan you are enrolled in, which may include a monthly flexible plan or an annual commitment. All charges—including any daily prorated charges incurred during the transfer process—must be paid in full prior to the release of administrative access or transfer of DNS settings. No partial credits or refunds will be issued for unused time.

7.4. Transfer of Email Services:
If you choose to transfer your email services to another provider:

You must notify us in writing at least 10 business days prior to your intended transfer date.

We will assist with the release of DNS or MX records as needed once the account is paid in full.

You are responsible for setting up your new Google Workspace account or working with your new provider.

We do not have access to transfer your email accounts directly to another provider; transfer must be initiated and managed by you or your new provider.

After the transfer is completed, Contractor Website Services will no longer manage or support your email services, and our administrative access will be removed.

7.5. Domain Ownership Related to Email:
If Contractor Website Services registered your domain name, a domain services fee of $199.00 will be required to transfer ownership. If you registered the domain independently, DNS changes needed for email transfer will be made at no additional charge, provided your account is current and in good standing.

7.6. Suspension and Termination Due to Non-Payment:
If payment for email services is not received by the due date, email services may be suspended after 48 hours of non-payment. Suspension includes loss of access to inboxes, email sending/receiving, and administrative controls.

Services will not be reinstated until the full balance and any applicable reactivation fees are paid.

If payment is not received within 30 days following suspension, your email services may be terminated and all associated data may be permanently deleted without further notice.

Contractor Website Services is not liable for any data loss resulting from email suspension or termination due to non-payment.

8. Content Creation

8.1. Original Content: We make every effort to ensure all content we create is original.

8.2. Client-Provided Content: Any content provided by you is used at your own risk regarding originality.

8.3. Images: We agree to provide royalty-free or licensed images in all website work.

9. AI Content Development

9.1. Nature of AI Content: You understand that AI-generated content is created based on the information you provide.

9.2. Originality: While we do not warranty the originality of AI-generated content, it is generally accepted as original and has not been used elsewhere.

10. Refund Policy

10.1. Website Development: Non-refundable after purchase.

10.2. Monthly Services: No refunds for completed months of service.

10.3. Domain Names: Non-refundable.

10.4. Website Transfer: Non-refundable once the transfer process has begun.

10.5. Content Creation: Non-refundable once the content has been delivered.

11. Limitation of Liability

To the fullest extent permitted by law, Contractor Website Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, including but not limited to:

11.1. Downtime or disruptions caused by third-party providers such as hosting services, lead collection forms, or external APIs integrated into your website.

11.2. Any changes made by search engines, social media platforms, or other digital service providers that affect your website’s ranking, visibility, or performance.

12. Service Suspension and Reactivation

12.1. Suspension Due to Non-Payment:
If payment for any service is not received by the due date, services may be suspended after 48 hours of non-payment. This includes, but is not limited to, website access, hosting, SEO efforts, media services, and administrative controls.

12.2. Reactivation:
Services will not be reinstated until the full outstanding balance is paid, along with a $100.00 reactivation fee. Contractor Website Services is not responsible for any delays, downtime, or performance issues resulting from the suspension.

12.3. Termination After Prolonged Non-Payment:
If payment is not received within 30 days following suspension, your services may be terminated and all associated content, files, and data may be permanently deleted without further notice.

12.4. Data Loss Disclaimer:
Contractor Website Services is not liable for any loss of data, performance, or access due to suspension or termination resulting from non-payment.

13. Termination of Services

13.1. Voluntary Termination: If you wish to voluntarily terminate services, you must provide a written notice 30 days in advance. Any outstanding fees must be settled prior to termination.

13.2. Involuntary Termination: If services are suspended for more than 30 days due to non-payment or other contractual violations, we reserve the right to terminate the agreement and permanently deactivate your website. Any unpaid balances will be sent to collections.

13.3. Data and Website Ownership: Upon termination, we will provide you with a final copy of your website files if the website build fee has been paid in full. All other content, including backups, may be deleted after 30 days unless arrangements for transfer have been made.

14. Disputes and Service Suspension

In the event of a dispute raised by the customer, such as a chargeback or formal complaint regarding a product or service purchased, all other services or transfers provided by us to the customer, including but not limited to website transfers, form installations, or content delivery, email, and others not mentioned here will be temporarily halted until the dispute is resolved.

This is to ensure clarity, avoid confusion, and maintain fairness while the issue is under review. The suspension of services will remain in effect until either the dispute is fully resolved or both parties reach an agreed-upon solution.

Exception Clause: At our sole discretion, we may choose to continue providing services unrelated to the disputed matter. This decision will be made by us based on the specific circumstances of the case and without setting any precedent for future disputes.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Your continued use of our services after such modifications constitutes your acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Clark County, Nevada, without regard to its conflict of law provisions.

17. Contact Information

If you have any questions about these Terms, please contact us at support@www.contractorwebsiteservices.com.

18. Explicit Consent

By purchasing our services, you explicitly agree to these Terms of Service. You will be required to check a box or provide a digital signature indicating your agreement before any purchase is completed.

19. Dispute/Chargeback Policy

You agree to contact us directly at support@www.contractorwebsiteservices.com to resolve any issues before initiating a dispute/chargeback with your bank or credit card company. Failure to do so may result in additional fees and termination of services.

20. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in Clark County, Nevada, in accordance with the rules of the American Arbitration Association.

21. Record Keeping

We maintain detailed records of all transactions, communications, and service deliveries. These records may be used to resolve any disputes or chargeback claims.

22. Service Delivery Confirmation

Upon completion of any service, we will send a confirmation email to the address provided by you. This email serves as official confirmation of service delivery.

23. Payment Terms

Payments for all services are due at the time of purchase or on the agreed-upon billing date for recurring services. Failure to make timely payments may result in service suspension or termination.

24. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, or internet service provider failures.

25. Google Business Profile Control

25.1. Clients in Good Standing

If you are a client in good standing and request control over your Google Business Profile (GBP), we will initiate the transfer process upon verification that you are the business owner or an authorized representative.

• Ownership Transfer: We will transfer ownership of the GBP by updating the ownership settings. You will receive an email invitation from Google to accept ownership of the profile.
• Management Access: If full ownership is not required, we can grant you managerial access to the GBP, allowing you to make updates and changes without transferring full control.
• Support: We are available to assist you with any steps needed to complete the transfer or set up managerial access.

25.2. Clients in Dispute

If there is an active dispute between you and Contractor Website Services, all transfers or changes to the ownership of your Google Business Profile will be temporarily halted until the dispute is resolved.

• Dispute Hold: During the resolution of the dispute, no transfers or changes to ownership will be processed. This is in accordance with our policy on service suspension during disputes.
• Managerial Access: During the dispute, we may, at our discretion, grant you limited managerial access to the GBP to allow for essential updates, while full ownership transfer will remain on hold until the dispute is resolved.
• Resolution of Dispute: Once the dispute has been resolved, we will proceed with your request to transfer ownership or control of the GBP.

26. Landing Pages and Third-Party Forms

26.1. Landing Page Transfer: If you decide to transfer your website or landing pages to another provider, we will provide the HTML-coded landing pages in a transferable format upon request. However, we cannot guarantee the functionality of any third-party forms integrated into these pages after the transfer.

26.2. Third-Party Forms Disclaimer:

• Functionality Not Warrantied: Any third-party forms integrated into the landing pages (such as lead capture forms, contact forms, or custom API integrations) may no longer function correctly once the pages are transferred to another provider.
• Reconfiguration Required: The forms may need to be reconfigured or replaced by your new provider. This reconfiguration is your responsibility and may involve additional costs or time.
• Potential Impact: Given that there may be up to 25,000 landing pages, the process of adding new forms or reconfiguring existing ones could be complex and time-consuming. Transferring the pages without functioning forms may render the pages less effective or entirely useless in achieving their intended purpose.

26.3. No Warranty on Form Functionality After Transfer: Once the pages have been transferred, Contractor Website Services cannot provide any warranties, support, or assurances regarding the continued functionality of third-party forms. You acknowledge and accept that the responsibility for maintaining or replacing these forms rests with you and your new provider.

26.4. Limitations on Assistance Post-Transfer: While we can provide assistance with transferring the HTML-coded landing pages, any requests for assistance in reconfiguring third-party forms or integrating new forms after the transfer will be subject to additional charges and availability.

26.5. Understanding the Scope of a Domain Transfer

While a domain name represents your website’s address, it is only one component of a larger digital system managed and maintained by Contractor Website Services. Your website, JotForm leads, Google Business Profile, TrueBase content, AI-generated materials, and SEO configurations are all interconnected components that rely on shared settings, integrations, and data access.

If you choose to transfer only your domain, please understand that other systems—such as email routing, lead forms, or Google search visibility—may no longer function correctly after the transfer.

For clients who wish to retain access to all associated systems and content, the Comprehensive Digital Asset Release and Transfer Process (see Section 27) is required to ensure continuity, accuracy, and ownership of all digital assets.

27. Comprehensive Digital Asset Release and Transfer Fee

When a client requests the full release or transfer of their website, domain, or associated digital systems, Contractor Website Services will perform a structured transition process to ensure continuity of operations and protection of data integrity.

Due to the interconnected nature of our digital marketing and AI systems, this process involves significant administrative, technical, and data-preparation work. The Comprehensive Digital Asset Release and Transfer Fee compensates for this process.

This service includes, but is not limited to:

• Preparing, verifying, and releasing domain credentials and DNS records (including EPP code and registrar settings).
• Detaching and exporting website hosting configurations, SSL certificates, and integrated security or analytics systems.
• Transferring lead collection systems such as JotForm and related automations.
• Coordinating release or ownership transfer of your Google Business Profile (GBP).
• Organizing and providing access to AI-generated content, prompts, and training data created on your behalf within TrueBase or related systems.
• Preparing all SEO and content continuity materials, including metadata, schema, sitemaps, redirects, and keyword data.
• Exporting or documenting any media and creative assets used in your campaigns or website (images, text, or structured data).
• Providing confirmation of release and removal of Contractor Website Services from all associated systems and liabilities.

This process ensures the client retains full ownership and functionality of their digital assets once the transfer is complete. The standard fee for this service is $750.00, unless otherwise agreed in writing.

Upon completion and delivery of the necessary credentials and confirmations, Contractor Website Services is fully released from all further management, technical, and administrative responsibilities associated with the client’s account.