Introduction
We at Hilltop Website Design strive to meet your needs and exceed your expectations. However, it’s important to have everything clearly written out so both parties understand their responsibilities. This agreement is designed to be clear and fair, without any hidden clauses or confusing legal jargon.
In a Nutshell
You are hiring Hilltop Website Design to build and manage your website for an agreed-upon price over a 12-month period. After this period, you can choose to continue with our services on a month-to-month basis or you can take your website and manage it independently. If you don’t cancel after the 12 months, your services will automatically continue on a month-to-month basis, which you can cancel at any time with notice.
Client Obligations
You confirm that you have the authority to enter this contract on behalf of your company or organization. You agree to provide all necessary assets and information in the requested formats and within the specified timeframes. You are also responsible for reviewing our work and providing timely feedback to keep the project on schedule. Additionally, you agree to adhere to the payment schedule as outlined in this contract.
Hilltop Website Design Obligations
We commit to providing the agreed services with the professionalism and timeliness expected of us. We will endeavor to meet all deadlines and maintain the confidentiality of any information you provide.
Project Timeline
Our typical development time for a website is within 30 days of receiving all necessary materials from the client. Additional services such as content writing or custom features may extend this timeline. Delays caused by changes in project scope or slow communication from the client may also result in an extended timeline.
Time Reservation & Scheduling
Upon signing the agreement, Hilltop Website Design reserves time and resources for your project. Delays in onboarding or communication that exceed 30 days may result in forfeiture of your reserved timeline and/or incur rescheduling fees.
Website Build Specifications
The website build will include the predetermined number of pages, on-page SEO, mobile and tablet optimization, and custom contact forms. For fully custom websites, you may request a limited number of design revisions. Standard packages, however, do not allow for major design changes beyond the selection of media, colors, and fonts.
Revisions
For custom site packages, you are entitled to two rounds of revisions on the initial design concept. Any additional revisions will incur extra charges. Once the initial design is approved, any further changes will also be subject to additional fees. Standard sites do not allow for layout revisions, although you may request changes to media, colors, and fonts.
Monthly Maintenance
Our monthly maintenance plan includes premium web hosting, security certificates, third-party backups, uptime monitoring, analytics, reporting, use of our premium plugins, and regular updates to WordPress, themes, and plugins. You will also receive unlimited content edits and support.
Tech Support
You can request updates or report issues via the client portal. Our team will address any technical difficulties within two business days. All technical support needed to maintain your website’s smooth operation is included at no extra cost.
Communication Guidelines
After the website launch, all update requests should be submitted through the support area in your client portal. We require that all communication be conducted via email to ensure clear and consistent communication.
Legalities
Hilltop Website Design will perform all work according to industry best practices. However, we cannot guarantee that our work will be error-free, and we are not liable for any damages, including lost profits, lost savings, or other incidental or consequential damages. Your liability to us is also limited to the total fees paid under this contract.
Website Ownership
While you are making payments, you have a full license to use the website. Ownership of the website will be yours after the final payment is made. Until then, the website must be hosted on Hilltop Website Design’s servers. Once fully paid, you have the option to transfer the site to your own hosting.
Site Access
You may access your website if requested. However, Hilltop Website Design is not responsible for any issues that arise from changes made by you or third-party vendors.
Displaying Our Work
We reserve the right to showcase our work in our portfolio, including screenshots and descriptions of the project. A credit, “Web design by Hilltop Website Design,” linking to our website will be visibly displayed on your site. If you wish to remove this credit, a fee of $250 applies.
Non-Exclusivity of Standard Sites
Our standard sites are not exclusive. If exclusivity is a concern, we can check for similar designs in your area and make adjustments to differentiate your site.
Scope of Work
The scope of work is defined by the selected package. Any additional services, such as extra pages or content writing, will incur additional costs and may extend the project timeline.
Client Requirements
You must submit all necessary media and information at the start of the project. Work will not begin until all required materials are received.
Content Writing Services
Content writing services are available as an add-on. If you decline this service, you are responsible for providing all content in a single document. We do not retrieve content from old websites.
Launching Your Website
We aim to launch your website as soon as possible. If the home page content is ready, we may launch the site even if some sections are still in progress. If you prefer to launch the site only after final approval, please inform us in writing.
Payment Schedule
You will be billed monthly on an ongoing basis for the agreed upon amount. Ongoing services can be canceled at any time after the 12-month period.
By using Hilltop Website Design’s services, you authorize us and our payment processor (Stripe) to automatically charge the payment method on file for all recurring fees, setup fees, or outstanding balances.
If a payment fails, our system may automatically retry the payment method on file multiple times and at varying intervals until the payment is successfully captured or the account is brought current. The timing and frequency of these attempts may vary.
If a card failure results in a past-due balance, we reserve the right to continue attempting to collect the outstanding amount until the balance is paid or an alternative payment arrangement is made in writing.
Failure to Onboard
If a signed contract is received but the client fails to make payment or complete onboarding within 30 days, Hilltop Website Design reserves the right to invoice for setup and time allocated to the project. Any fees or penalties for cancellation will still apply unless otherwise agreed in writing.
Invoices & Settlements
Any custom arrangements to settle a contract or outstanding balance must be agreed to in writing. Once a settlement is paid, the contract will be considered closed, and no further services or access will be provided unless a new agreement is made.
Early Termination of Contract
You may request early termination of the contract. In the event of early termination, 50% of the remaining contract balance is due immediately. If you wish to retain ownership of the website or any work already completed, the full remaining balance is required. Hilltop Website Design reserves the right to retain any completed work until payment is received.
Late Payments
If a payment is 30 days overdue, your website and any related services (including hosting, support, SEO, ads management, or linked brand accounts) may be suspended until all past-due amounts are paid. Reactivation fees apply as follows:
$100 minimum reactivation fee for a single website or service.
Up to $1,000 reactivation fee for multi-brand accounts, accounts involving multiple websites, or accounts requiring additional administrative work to restore.
Reactivation fees vary based on the number of services affected, time spent restoring systems, and any additional steps required to resume service.
Delinquent and Defaulted Payments
If payments are overdue for more than 90 days, the contract will be considered in default. At that point, Hilltop Website Design reserves the right to pursue the 50% early termination fee, the full remaining contract balance, recovery of setup and service costs, and/or assign the account to a third-party collections agency. We may also charge interest on overdue amounts at up to the maximum rate permitted by law.
Data and File Retention After Suspension or Termination
If your account is suspended or terminated for non-payment or early termination, Hilltop Website Design may retain your website files and related data for up to 60 days. After this period, we may permanently delete these files from our servers at our discretion.
Retrieval or transfer of website files during this retention period may be subject to additional fees, and is only available for accounts that are brought current or settled in writing.
Moving Forward After the Contract
After the 12-month period, services will continue as-is on a month-to-month basis. Client must provide 30 days’ written notice to terminate any services. No refunds will be provided for services that have been paid.
Fair Use
Our fair use policy applies to features like email notifications and website traffic. High usage may require a custom pricing plan.
Right to Refuse Service
Hilltop Website Design reserves the right to terminate services at any time for violations of these terms, non-payment, or misuse of services. In such cases, any refund or transfer of ownership will be determined at Hilltop Website Design’s sole discretion.
Client Understanding
You acknowledge that a website alone does not guarantee traffic or leads. Additional marketing efforts are needed to drive traffic to your site. We offer both Local SEO and Ads Management services to help these efforts.
Privacy Policies and Terms and Conditions
You are responsible for providing and maintaining your privacy policies and terms and conditions. Hilltop Website Design will assist in placing these on your website. Any policy we integrate as a convenience is not guaranteed in any way.
AI-Generated Content
Hilltop Website Design may use AI-generated content in compliance with applicable laws. Clients supplying AI-generated content are responsible for ensuring it meets legal requirements.
Governing Law
This agreement is governed by the laws of Tennessee.
Attorney Fees
In any legal action related to this agreement, the prevailing party is entitled to recover reasonable attorney’s fees.
Indemnity
Both parties agree to indemnify each other against third-party claims related to this agreement.
Severability
If any part of this agreement is found to be invalid, the remaining portions will remain in effect.
Website Management Service
Includes hosting, security, backups, and updates, with limited support for user error-related restorations.
Premium Themes and Plugins
Licensing for premium themes and plugins is the client’s responsibility unless Hilltop Website Design provides the license. While being a client of our ongoing website services, we do allow use of our premium plugins. If you cancel our services and choose to take your website elsewhere, you are responsible for purchasing your own licenses for the plugins. We will provide a list of the plugins for you.
Third-Party Services
Hilltop Website Design is not responsible for issues caused by third-party services or modifications.
Ongoing SEO
Ongoing SEO is not included in the website management service. Search engine rankings are not guaranteed. If you add our ongoing Local SEO – GBP Management services, Hilltop Website Design will work to manage and optimize your business’s local listings to enhance visibility in search engines. This typically includes business information across platforms, local keyword targeting, and performance reports. While we aim to improve your search rankings, specific outcomes and rankings are not guaranteed due to the dynamic nature of search algorithms.
Facebook Ads Management Services
Our Facebook Ads Management service involves creating, monitoring, and optimizing ad campaigns to drive targeted traffic to your business. We focus on maximizing your ad spend efficiency and providing monthly performance reports. While we strive for the best possible outcomes, Hilltop Website Design cannot guarantee specific results or ROI due to variables beyond our control, such as changes in the platform’s algorithms or user behavior. Advertising budget is separate from our fees, and will be billed directly by Facebook.
Additional Services
Hilltop Website Design may provide additional services such as Google Ads Management, logo design, social media content creation, email assistance, or software troubleshooting upon request. These services are not included in standard website packages unless explicitly stated in writing. Each is subject to its own pricing, timeline, and terms, which will be outlined and agreed upon prior to beginning work. Support for third-party platforms or tools is offered on a best-effort basis and may require additional billing depending on the time involved.
Account Suspension Policy
Use of certain services requires us to be admins on certain accounts, or link them to our management software. Hilltop Website Design is not responsible for any suspensions of your Google Business Profile, Facebook Page, Facebook Ads Account, or any other account, that may occur while under our management. These suspensions can result from actions outside our control, such as platform policy changes or user reports. However, if a suspension occurs, we will make every effort to assist you in the process of reinstating your account, working with the respective platform to resolve the issue as quickly as possible.
Third-Party Platforms and Advertising Accounts
For services involving third-party platforms such as Google Ads, Facebook Ads, Meta Business Manager, Google Business Profile, or similar tools:
If Hilltop Website Design creates the advertising account or platform container (e.g., Ads account, Business Manager, Google Ads account), Hilltop Website Design retains full ownership of that account. Access may be granted to the client for visibility, but ownership remains with Hilltop unless a transfer is agreed to in writing after all balances are paid in full.
If the client already owns an account and grants Hilltop Website Design access, the client remains the account owner.
Hilltop Website Design reserves the right to pause or discontinue management of any third-party accounts we administer if your account becomes past due or if continued activity creates financial or operational risk.
We are not responsible for platform policy changes, account suspensions, loss of access, or performance issues caused by third-party platforms.
Linked Accounts and Multi-Brand Clients
In some cases, a single owner or organization may have multiple websites, brands, or services with Hilltop Website Design under one overarching account profile. If any website or service under that profile becomes seriously delinquent, Hilltop Website Design reserves the right to suspend or limit all related services tied to that owner or account until the outstanding balance is resolved.
Email Deliverability
Hilltop Website Design is not responsible for email deliverability issues. Clients should regularly check spam folders.
Domain Names
Clients are responsible for registering and renewing domain names. Hilltop Website Design can assist with this process.
Website Accessibility and Compliance
Clients are responsible for informing Hilltop Website Design of any specific legal, regulatory, or accessibility requirements. Certain changes or compliance may incur additional fees and/or software.
Dispute Resolution
In the event of any dispute, both parties agree to attempt resolution through good-faith communication before pursuing any legal action.
Amendments
Hilltop Website Design reserves the right to update these terms and conditions at any time. Updated terms will be posted on our website and will take effect immediately unless otherwise stated. Continued use of our services after updates constitutes acceptance of the revised terms.
Contact Information
For any questions or concerns regarding these terms, please contact us at:
Hilltop Website Design LLC
Spring Hill, Tennessee
Email: hello@hilltopwebsitedesign.com
