Clear terms for a managed website partnership.

1. Parties, authority, and electronic acceptance

This Website Services User Agreement is between Close Out Deals LLC d/b/a Closeout Development, doing business as Closeout Development (“Provider”), and the person or business accepting it (“Client”). The individual accepting confirms that they are at least 18 years old and authorized to act for Client. Checking the agreement box, completing payment, or signing electronically is intended as Client’s electronic acceptance.

2. Consultation requests and formation of paid service

Submitting a consultation request is free, does not guarantee acceptance of a project, and does not itself charge Client. Provider may contact Client about the request. Paid service begins only when Provider accepts the project and Client accepts the applicable invoice or payment checkout. Any invoice-specific scope or price accepted at payment controls over conflicting advertised examples.

3. Website scope and excluded work

Services are limited to the website, selected build, features and work described in the accepted customer service schedule or checkout summary. The base plan covers business pages. Interactive functionality and paid add-ons are included only when selected in that summary. Unselected features, major redesigns, regulated-industry compliance work and other work outside the accepted scope require a separate quote and acceptance. Provider may decline unlawful, unsafe, deceptive, infringing or unsupported work.

4. Fees, recurring payment authorization, and taxes

Standard service starts at $100 at signup plus $49.99 per month, with selected setup and monthly add-ons shown separately in the customer service schedule. That schedule or accepted checkout states the actual first payment, recurring total, billing timing and selected usage allowances. Client authorizes Provider, through Stripe, to collect those accepted amounts and verified eligible overages calculated under the accepted schedule using the saved payment method until cancellation becomes effective. No unselected add-on or undisclosed rate is authorized. Different amounts require clear disclosure and Client’s affirmative acceptance. Client is responsible for applicable taxes, chargebacks, bank fees and overdue balances except where prohibited by law.

5. Cancel at any time

Client may cancel at any time through the customer portal or by emailing Daniel@closeoutdealsllc.com. Cancellation becomes effective at the end of the monthly period already paid for, future recurring charges stop, and the current paid period is not partially refunded except where required by law. Provider may continue service through that date and may take the managed website offline when cancellation becomes effective. Cancellation does not erase amounts already due or obligations that by their nature survive termination.

6. Website, domain, hosting, and ownership buyout

Provider controls the managed website, domain registration, hosting account, source files, administrative credentials, deployment systems, templates, reusable code and design system while service is active. Client receives a limited, revocable, nonexclusive, nontransferable right to use the published managed website during active service. If Client cancels but wants to own and retain the website and domain, the buyout price is ten times the accepted first payment with an absolute minimum of $5,000.00. Transfer requires cleared payment, payment of all balances and a separate written transfer document. Third-party licenses, subscriptions, fonts, stock media, accounts and nontransferable tools are excluded unless expressly listed.

7. Client materials and permission to use them

Client keeps ownership of its preexisting names, logos, trademarks, photos, videos, text, reviews, data, and other supplied materials (“Client Materials”). Client grants Provider and its contractors a worldwide, royalty-free, nonexclusive license to copy, edit, adapt, display, publish, host, transmit, back up, and otherwise use Client Materials as reasonably needed to design, build, operate, secure, maintain, support, and demonstrate the website. The operational license lasts while services are provided and for reasonable backup, recordkeeping, dispute, and legal-compliance periods afterward.

Client represents that it owns or has all permissions needed for Client Materials and requested uses. Client is responsible for claims, permissions, releases, trademark rights, copyright rights, privacy rights, advertising claims, and industry-required disclosures related to its materials and business.

8. Portfolio and marketing permission

Unless Client opts out by written notice, Client permits Provider to identify Client by business name and display its logo, public website link, and screenshots or short descriptions of the completed work in Provider’s portfolio, proposals, case studies, social channels, and marketing. An opt-out is prospective and does not require recalling materials already printed or distributed, but Provider will reasonably stop new uses after receiving notice. Provider will not publish Client’s private business records or confidential information for portfolio purposes.

9. Client responsibilities, content, and approvals

Client will provide complete and accurate content, access, instructions, approvals, and feedback on time. Client is responsible for the legality and accuracy of its products, services, prices, claims, testimonials, privacy disclosures, accessibility requirements, professional licensing, and industry-specific obligations. Client will review drafts and report errors promptly. Written approval, payment, publication authorization, or use of the published website may be treated as acceptance of the delivered work within the agreed scope.

10. Timing, delays, revisions, and abandoned projects

Delivery dates are estimates unless expressly guaranteed in writing. Provider is not responsible for delays caused by Client, third parties, internet services, registrars, payment processors, force majeure events, or circumstances outside Provider’s reasonable control. Reasonable corrections within scope are included before approval. New directions, additional pages, major revisions, or added functionality may require a new quote. Provider may pause an inactive project after reasonable notice while awaiting Client materials or decisions.

11. Managed service, support, and minor changes

The monthly service covers managed hosting, domain management, routine platform maintenance, reasonable support and the minor-edit allowance stated below and in the accepted schedule. It does not include unlimited labor, new pages, redesigns, unselected functionality, emergency after-hours work, advertising management or other services outside the accepted scope. Additional work requires a separate quote and approval.

12. Extraordinary usage, third-party costs, and rate changes

The standard monthly price assumes ordinary small-business website use. Unusually high or sustained traffic, storage, database activity, file transfer, video or image delivery, email or text volume, paid API usage, security response, ecommerce activity, or other usage that creates material third-party cost is outside the standard allowance. Provider may use reasonable safeguards or temporarily limit a cost-generating feature when necessary to protect the service or prevent abuse.

If extraordinary usage continues, Provider may propose a higher service tier, documented pass-through charge, or revised monthly price that reasonably relates to the added cost and support burden. Except for taxes or charges already expressly accepted, no higher recurring amount will be charged until Client affirmatively accepts a written amendment, invoice, checkout, or other clear authorization. Provider will ordinarily give at least 30 days’ written notice before the new rate begins. Client may decline and cancel before the proposed increase takes effect; Provider may then discontinue the affected feature or service at the end of the paid period.

13. Acceptable use, security, and suspension

Client will not request or use the service for unlawful, fraudulent, infringing, defamatory, abusive, malicious, deceptive, or privacy-violating activity. Client will not attempt to access Provider systems or credentials without authorization. Provider may refuse content, temporarily suspend service to protect security or third parties, or terminate for material breach, nonpayment, unlawful instructions, abuse, or risk to Provider’s systems or reputation, subject to reasonable notice when practical.

14. Third-party services and licenses

Stripe, DocuSign, hosting providers, domain registries, search engines, analytics services, email providers, stock-media libraries, plugins, and other third parties operate under their own terms, policies, pricing, availability, and technical limits. Provider does not control them and is not responsible for their outages, policy changes, account decisions, data handling, or discontinued services. Comparable replacements may be used when reasonably necessary.

15. Search, performance, and business-results disclaimer

Provider may supply technical and on-page search-engine optimization described in the scope, but does not guarantee indexing, rankings, traffic, leads, sales, revenue, accessibility compliance, legal compliance, uninterrupted service, error-free operation, or acceptance by any platform. Search engines and customers control their own decisions and results.

16. Confidentiality, privacy, and electronic communications

Each party will use reasonable care with nonpublic information received from the other and may disclose it to contractors and service providers who need it to perform the service. Provider may retain consultation records, acceptance records, project files, billing references, communications, backups, and signed documents for operations, security, enforcement, and legal compliance. Client agrees to receive transactional emails, calls, and texts related to consultations and service; marketing communications require any consent required by law.

17. Warranties, liability limits, and indemnity

To the maximum extent permitted by law, services are provided “as is” and “as available,” and implied warranties are disclaimed. Provider’s total aggregate liability arising from the service will not exceed the amounts Client paid Provider during the three months immediately before the event giving rise to the claim. Provider is not liable for lost profits, lost data, lost business, reputational harm, or indirect, incidental, special, exemplary, or consequential damages. These limits do not apply where prohibited by law.

Client will defend, indemnify, and hold harmless Provider and its owners, workers, and contractors from third-party claims, damages, penalties, and reasonable costs arising from Client Materials, Client’s products or services, unlawful or misleading instructions, infringement, privacy violations, or Client’s business operations, except to the extent caused by Provider’s willful misconduct where such exclusion is not permitted.

18. Provider termination and effect of termination

Provider may terminate for material breach after reasonable notice and an opportunity to cure when appropriate, or immediately for nonpayment, illegal activity, security threats, fraud, abuse, or conduct creating material risk. On termination or cancellation, Client’s right to use Provider-owned site assets ends, Provider may disable the site and related services, and Provider may retain records required for billing, backups, dispute resolution, and legal compliance. Sections concerning ownership, licenses, payment, liability, indemnity, disputes, and records survive.

19. Governing law and disputes

This User Agreement is governed by Alabama law, without regard to conflict-of-law rules, except where mandatory law requires otherwise. Before filing a claim, the parties will provide written notice and make a good-faith effort to resolve the dispute informally for at least 30 days. Any court proceeding must be brought in a state or federal court with jurisdiction serving Provider’s principal place of business, unless applicable law requires another venue.

Service plan, timing and build-fee guarantee

These terms apply only to new orders accepting this version. Existing signed agreements, paid orders, frozen checkout terms and collaboration agreements remain unchanged. The accepted order schedule controls the selected plan, website, features, allowances and prices. Base website service starts at $49.99/month. The optional interactive upgrade adds $10/month ($59.99 total before separately priced add-ons). Features without a separate price are included only with that upgrade. SMS plans add $14.99/month for 500 segments or $29.99/month for 1,500 segments; only a selected plan is charged.

Self-service signup charges the $100 build fee plus selected setup extras immediately. Recurring service and selected monthly add-ons start 30 days after signup and renew monthly until cancelled. If Client does not want the completed site, Client may request a refund of the $100 build fee through the portal or Provider email before accepting the completed site. This guarantee does not automatically refund separately accepted add-ons or monthly charges, except where law requires. Cancellation remains available through the portal or email. Contact Provider before the first renewal if delivery is delayed.

Optional payment-system setup

When selected, payment-system setup adds a one-time $49.99 setup fee and $4.99 per month. Payment processor transaction fees are separate. Setup requires Client’s authorized processor account and provider approval. This optional service is not included or charged merely because it is described in this agreement.

Monthly editing allowance and inspections

New plans include 15 minutes of minor text/image edits per monthly service period. The optional $29.99/month editing add-on provides 60 additional minutes (75 total). Unused time does not roll over. New features, new pages and redesigns require a separate quote and approval.

Monthly automated website inspections cover up to seven areas when monitoring is connected: availability; domain and security; pages and links; forms and integrations; SEO; performance and accessibility; backup and release protection. Applicable checks depend on connected services and approved safe test accounts. Reports identify passed, warning, failed and skipped checks. Missing integrations are not reported as passed. This is not a penetration test, legal compliance certification or guarantee against outages.

One master agreement and later activation

This standard master agreement applies to ordinary managed-website customers. Each customer service schedule identifies the business, website, selected services, actual prices, allowances and billing timing. A listed optional service is not selected automatically. A separately negotiated collaboration agreement is not replaced by these terms.

Client’s authorization for verified usage charges at an expressly accepted allowance and rate may be used when the technical billing connection is activated later; technical activation alone does not change the accepted commercial terms. Provider will disclose the activation date before beginning automatic charges for a previously unbilled category. Only verified, attributable usage incurred on or after that activation date may be billed under that activation; earlier unbilled usage will not be charged retroactively. Automatic charges remain disabled until the required measurements, customer/subscription linkage and billing tests are verified.

This is not blanket permission for unknown fees or future price increases. New categories, changed rates or allowances, additional paid features and an infrastructure schedule not yet specified require further affirmative acceptance before charging. Acceptance may be recorded through a clearly presented checkout, service schedule or amendment; re-signing the entire master agreement is not required by these terms solely to accept such a schedule, subject to applicable law. Existing signed agreements and previously accepted prices are not amended by publication of this template.

Measured allowances and overage authorization

Includes 5,000 transactional emails/month and 250 GB of website file storage. Extra emails: $0.03 for each recipient-email above 5,000, billed per email, not in blocks. Email pricing is a fixed service rate, not cost ×2. A selected texting plan includes 500 or 1,500 outbound SMS segments; excess segments cost twice the final USD message cost verified with Twilio, including carrier fees reflected in that cost. Long or encoded messages can use multiple segments. A message crossing the allowance boundary is allocated proportionally. Missing final prices, inbound messaging, MMS, other currencies and unapproved destinations require review rather than an estimated automatic charge. Infrastructure overages require a separate website-specific schedule identifying the provider, resource, included allowance, unit, rounding and rate before activation. Provider account allowances are shared where applicable and are not automatically promised to every website. The provider-rate reference is not an authorization to charge for services the website does not use. Infrastructure billing remains disabled until verified measurement and billing tests pass. Verified excess usage at accepted rates may be added to the next monthly invoice and collected by the existing automatic payment method. Usage alerts at 80% and 100% require a connected meter and may be delayed. An alert or a contract clause is not a hard usage block or a guarantee against abuse. Rates are frozen with the accepted order or signed service schedule; changes require further affirmative acceptance. Compute upgrades, domain renewals, phone-number rental, messaging registration, IPv4, PITR, log drains and other fixed add-ons require separate disclosure and approval.

Allowances apply separately to each website and monthly service billing period and do not carry forward. The email allowance is not a hard sending block. Each recipient counts as one email; long or encoded text messages may use multiple SMS segments. Verified, attributable usage above an accepted allowance may be added to the applicable invoice at the accepted rate. Charges require provider reconciliation; missing measurements are unknown, not zero. Alerts are informational and may be delayed; they do not themselves authorize new rates. Client can review usage and ask about disputed charges in the customer portal. No charge is authorized for a new category or an unconfirmed cost estimate without further affirmative approval.

Except for the explicitly fixed email rate, approved cost-based overage rates equal approximately twice the published marginal provider estimate stated in the accepted order. Provider-project attribution, provider evidence, billing-period matching, Stripe identity checks, idempotency and a $1,000 automatic-charge safety cap are required before an automatic invoice item may be created. Shared organization totals, missing measurements and unverified reports are not billable. Compute upgrades, custom domains, IPv4, point-in-time recovery, log drains and other fixed add-ons require a separate quote and affirmative acceptance. Provider may not silently update accepted rates when costs change.

20. General terms

This User Agreement, the accepted invoice or checkout, the applicable scope, and any signed amendments are the entire agreement for the covered service and replace prior discussions about that service. If documents conflict, the later customer-accepted invoice or written amendment controls only for the specific scope or price it changes. Client may not transfer this agreement without Provider’s written consent. Provider may use contractors and may assign the agreement in connection with a business transfer. Waiver of one breach is not a waiver of another. If one term is unenforceable, it will be narrowed or removed to the minimum necessary and the remaining terms continue. Headings are for convenience only.

Self-service orders

For orders placed through Get started, the saved checkout summary specifies your selected build, features, prices and allowances. The $100 build fee and any selected setup add-ons are charged at signup. Monthly service and selected monthly add-ons begin 30 days later. The $100 build fee is refundable if you do not want the completed website. Request help or a refund through the customer portal. These checkout timing and build-fee guarantee terms apply to self-service orders; existing signed agreements and invoices are not changed.

New orders include 5,000 transactional emails/month, with $0.03 per additional email. Your selected plan, add-ons and measured usage terms above are saved with your order. Older accepted prices remain unchanged.