Terms of Service
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1. Agreement to these terms
These Terms of Service are an agreement between you and Monumental Web Design, LLC ("Monumental", "we", "our", "us"). By purchasing a plan, using our website, or using our services or integrations (including connecting your Google account), you agree to these terms. If you're signing up on behalf of a business, you confirm you have authority to bind that business.
2. Our services
We design, build, and host custom websites for businesses, and depending on your plan, provide related services such as design edits, SEO setup, analytics, appointment booking, email and SMS marketing, and ad management. What's included in each plan is described on our pricing page, which is part of these terms.
3. Plans, billing, and renewal
Plans are billed as a recurring subscription, monthly or annually, to the payment method you provide. Payments are processed by Stripe. By subscribing, you authorize us to charge your payment method automatically at the start of each billing period until you cancel.
Automatic renewal. Monthly plans renew each month. Annual plans renew each year, and we email you a reminder about 30 days before an annual renewal. You can cancel anytime as described in Section 4.
Price changes. If we change the price of your plan, we'll give you at least 30 days' notice by email before the new price takes effect. The change applies at your next billing period, and you can cancel before then if you don't want to continue at the new price.
One-time fees. Some items are one-time charges rather than subscriptions, such as extra pages, site migration, and source code buyouts. These are described on the pricing page and in our refund policy.
Taxes. Prices don't include applicable taxes. Where we're required to collect sales tax, it's added at checkout.
4. Cancellation and refunds
You can cancel anytime from your dashboard or by email, with no cancellation fee. How cancellation, refunds, proration on annual plans, and our 60-day satisfaction guarantee work is set out in full in our Cancellation & Refund Policy, which is part of these terms.
5. Satisfaction guarantee
Every plan includes our 60-day satisfaction guarantee: if you're not happy with your site within your first 60 days and we can't make it right, we refund every subscription fee you've paid. A refund under the guarantee ends the service and the site comes offline, as described in the refund policy.
6. Design edits and scope
Design edits are revisions our team makes to the pages we built for you. Growth, Scale, and Pro plans include unlimited design edits with a 2 business day turnaround. Self-Serve includes one round of design edits after launch. Self-serve text and photo changes you make in your dashboard are always unlimited on every plan.
Edits are revisions to what we built, not a new site. A full redesign, pages beyond your plan's included count, or a change in creative direction is new scope and is quoted separately before any work begins.
7. Your domain
Your domain is registered in your name, in your own registrar account, from day one. We never register domains in our name or hold them on your behalf. We'll help you set up and connect your domain, but you own and control it at all times.
8. Your content
You keep ownership of everything you give us: your text, logos, photos, and other materials. You grant us a license to use them to build, host, and display your website and provide the services while you're a client.
You're responsible for having the rights to the content you provide. Don't send us material you don't have permission to use, and you agree we're not responsible for claims arising from content you supplied.
Content we create for your business, such as page copy written for your site, belongs to you and is included in your content export whenever you leave.
9. Website ownership and source code
While you're subscribed, we host and maintain your site and you have full use of it. Your domain and your content are always yours, as described above.
The site's source code is released to you at no charge after 6 consecutive paid months on any plan, and immediately on any annual plan. Before 6 months, you can buy the code out by paying the months remaining to reach 6 at your plan's monthly rate. Full details are in the refund policy. Our internal tools, templates, and systems used to build and manage sites remain ours.
10. Third-party services
Our services rely on third-party platforms such as hosting providers, Stripe, Google, Meta, and scheduling and email tools. We choose reliable providers, but we don't control them and aren't responsible for their outages, changes, or actions. Ad spend is paid to the ad platforms directly or passed through to them and is never refundable by us.
11. Google account access
If you connect your Google account through our integrations, you grant us limited access to data as described in the Google OAuth consent screen. We only use this access to provide the services you've requested (such as sending emails on your behalf or configuring Google Business Profile, Search Console, and Analytics). We do not sell or share this data with third parties. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
12. Acceptable use
Our services are intended for lawful business purposes. You agree not to misuse our services, attempt unauthorized access, use your site for illegal content or activity, or do anything that harms the security or performance of our systems or other clients' sites. We may suspend or end service for violations of this section.
13. Failed payments and suspension
If a payment fails, we retry the card and email you. Your site is unaffected for 7 days, then paused with a maintenance page until payment is resolved. If payment isn't resolved within 60 days, the account is closed. We keep your files for 90 days after closure, and you can request your content export anytime in that window.
14. Disclaimers
We put real care into every site, but our services are provided "as is". We don't guarantee specific business outcomes, search rankings, traffic levels, or ad performance. SEO in particular takes time, and results depend on factors outside anyone's control, including search engines' own systems.
15. Limitation of liability
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the services is limited to the amount you paid us in the 12 months before the claim arose. We're not liable for indirect, incidental, or consequential damages, including lost profits or lost business, even if we've been advised of the possibility.
Nothing in these terms limits liability that can't be limited under applicable law.
16. Indemnification
You agree to defend and hold us harmless from claims arising out of content you provided, your use of the services in violation of these terms, or your violation of applicable law.
17. Governing law
These terms are governed by the laws of the State of Utah, without regard to conflict of law rules. Any dispute will be resolved in the state or federal courts located in Utah, and both parties consent to their jurisdiction. Before filing anything, talk to us first. Most issues are resolved with an email.
18. Changes to these terms
We may update these terms from time to time. The latest version is always posted on this page with its effective date. If a change materially affects your rights, we'll notify you by email before it takes effect. Continuing to use the services after a change takes effect means you accept the updated terms.
19. Privacy
How we collect and handle your information is described in our Privacy Policy.
20. Contact us
If you have any questions about these terms, please contact us:
Monumental Web Design, LLC
Email: james@monumentalwebdesign.com
Phone: (801) 901-0695