These Terms of Service for Websites (“Website Terms”) apply when Smargasy Inc (“Smargasy,” “we,” “us” or “our”) provides website-related services to you. They supplement our general Terms of Service. By signing a proposal, statement of work or order form for website work, or by accepting a delivered site, you agree to these Website Terms.
Smargasy provides professional website and web application services, including but not limited to:
Unless your signed agreement says otherwise, ongoing hosting, support and maintenance are governed by our Support & Maintenance Terms or a written support plan. Effective date: September 4, 2026.
Project scope. Website work begins when you sign a proposal, statement of work or order form and pay any required deposit. Each project includes a defined scope, deliverables, timeline and revision allowance as described in that agreement. Work outside the agreed scope—such as additional pages, features, integrations or platform changes—requires a written change order and may affect schedule and fees.
Client cooperation. Timely delivery depends on your participation. You agree to:
Delays caused by missing content, unavailable credentials, unresolved feedback or third-party vendor holdups may extend the project timeline. We are not responsible for launch delays resulting from factors outside our reasonable control.
Your materials. You retain ownership of logos, trademarks, copy, photography, product data, customer lists and other content you provide. You grant Smargasy a limited license to use those materials as needed to design, build, host and maintain your website.
Open-source software. Websites may include open-source components governed by their own licenses. Where required, we will provide license notices or attribution information upon request.
Project fees. Unless your signed agreement states otherwise, website projects require a deposit before work begins, milestone payments tied to agreed phases, and final payment before public launch or transfer of administrative access. Invoices are due according to the payment terms on the invoice or proposal.
Recurring services. Hosting, domain registration, SSL, email routing and similar recurring website infrastructure renew on the billing cycle stated in your order. Failure to pay renewal fees may result in suspension, removal or loss of the affected service.
Change requests. Features, pages, integrations or design changes outside the approved scope are billed at our then-current hourly or packaged rates. We will provide an estimate or change order before performing out-of-scope work when practicable.
Taxes. Fees are exclusive of applicable sales, use or similar taxes unless stated otherwise. You are responsible for any taxes imposed on the services except those based on Smargasy’s net income.
We treat non-public business information shared during a website project as confidential. This includes strategy documents, unpublished content, credentials, analytics, pricing and internal process details. We will not disclose your confidential information to third parties except as needed to perform the services, comply with law, or with your consent.
Confidentiality obligations do not apply to information that is publicly available through no fault of ours, was already known to us without restriction, or is independently developed. Our handling of personal data is described in our Privacy Policy.
Timelines. We provide estimated schedules at project kickoff. Dates are targets, not guarantees, and depend on timely client feedback, content delivery and third-party dependencies such as domain transfers, plugin approvals or carrier provisioning.
Revisions. The number of design and content revision rounds is defined in your proposal. Additional rounds or substantial rework after approval may be billed separately.
Launch and acceptance. We consider a website delivered when it is published to the agreed environment or when we provide staging access for final review, whichever comes first. You should report material defects within the warranty period described below. Minor content updates after launch are handled under your support plan or billed as additional work.
Migrations. When moving an existing site to a new platform or host, we take reasonable care to preserve content, URLs and core functionality. You are responsible for verifying migrated data, forms, e-commerce settings and integrations before and after cutover. Search rankings and traffic may fluctuate during and after a migration.
We warrant that website services will be performed in a professional manner and that deliverables will materially conform to the approved scope for thirty (30) days after launch. During that period, we will correct defects attributable to our work at no additional charge.
This warranty does not cover issues caused by:
Except as stated above, website services are provided “as is.” We do not guarantee specific search rankings, conversion rates, uptime beyond what is stated in a hosting or support agreement, or compatibility with every future browser or platform update.
To the fullest extent permitted by law, Smargasy is not liable for indirect, incidental, special or consequential damages, including lost profits, lost leads, lost revenue, loss of data or business interruption arising from website design, development, hosting or migration services.
We are not responsible for:
Our total liability for any claim relating to website services will not exceed the fees paid to Smargasy for the specific project or hosting service giving rise to the claim during the twelve (12) months before the event, unless a signed agreement states otherwise.
Project engagements end when deliverables are accepted and final payment is received, unless ongoing hosting or support continues under a separate agreement. Either party may terminate a project for material breach if the breach is not cured within a reasonable period after written notice.
If you terminate before completion, you remain responsible for fees for work performed through the termination date and any non-refundable third-party costs we incurred on your behalf. Upon termination, we will deliver completed materials in the formats agreed in writing, subject to payment of outstanding balances.
Hosting cancellation. If you cancel managed hosting, domain or related infrastructure services, we will follow the transition procedures in your order or support agreement. You are responsible for exporting content and updating DNS before service ends to avoid downtime or data loss.
Independent contractor. Smargasy performs website services as an independent contractor. Nothing in these Website Terms creates a partnership, joint venture or employment relationship.
Acceptable use. You may not use websites we build or host for unlawful, deceptive, abusive or infringing activity. We may suspend hosting or remove content that creates legal, security or operational risk, after notice when practicable.
Communication. Primary project communication is via email and our support channels during normal business hours. Emergency contact procedures, if any, are defined in your proposal or support plan.
Governing law. These Website Terms are governed by the laws of the State of Florida, United States. Disputes will be subject to the exclusive jurisdiction of the courts located in the State of Florida, unless a signed agreement states otherwise.
Questions about these Website Terms? Contact Smargasy Inc at [email protected] or (239) 214-8592. Our mailing address is 12551 New Brittany Blvd, Fort Myers, Florida 33907.
We may update these Website Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes to active projects will be communicated when practicable. Continued use of website services after changes are posted constitutes acceptance of the revised terms.
By engaging Smargasy for website design, development, hosting or related work, you acknowledge that you have read, understood and agree to these Terms of Service for Websites and our general Terms of Service.
Questions about this document
Call (239) 214-8592 or email [email protected]. Smargasy Inc, 12551 New Brittany Blvd, Fort Myers, Florida 33907.