Website Services Agreement

1. Accepting this agreement

You accept by ticking "I agree" on our Stripe checkout page, which links to this version at byrobbie.com/legal/agreement-v1, or by signing it. We will email you a copy the same day. The agreement starts on the date you accept. Before then, the free demo and its changes are covered by our promise that you owe nothing. The person accepting confirms they are allowed to agree for the business.

2. What you get

The Site: built from the demo you reviewed. Before launch you get up to two rounds of changes to the pages shown in the demo.

Launch: when the Site is ready we send it to you to approve. You approve it by paying through the checkout link we send you. We put the Site live within 7 days of that payment, once your domain points to it. If you have not approved it or asked for changes within 14 days, we will remind you. If we still hear nothing 7 days after the reminder, we may close the demo. You owe nothing.

Hosting: we host the Site, keep it secure and up to date, and keep backups. We use trusted providers for hosting, forms and email.

Monthly edits: about one hour of small changes each month. That covers text and photo changes, and adding new jobs and photos to your work gallery. We make each edit request within three working days of your email. A request bigger than an hour we quote first. Unused time does not carry over.

A monthly results email: how many people tapped to call you and sent a quote request through the Site. The numbers are a good guide, not an exact count.

Not included unless we quote it and you agree: new pages or sections, blog posts, email hosting, paid advertising, photography and logo design.

3. How you pay

Prices are in Canadian dollars and do not include HST. We are not registered for HST today, so we do not charge it. If we register for HST, we will tell you in writing as soon as we can, and add HST at the current rate from the date the law requires us to charge it. Our HST number will be on each receipt. You choose one option:

Option A (own it). $1,800 for the Site, paid when you approve it for launch. Then $79 a month for hosting and edits, starting on launch day. No minimum term.

Option B (no money down). $0 up front. $199 a month for the Site, hosting and edits, starting on launch day. You agree to pay for at least the first 12 months from launch (the "minimum term"). Of each $199, $120 pays for building the Site and $79 pays for hosting and edits.

Automatic payments. You authorize us to charge your monthly fee to the card you give us through our payment provider, Stripe, on the same day each month. Any other amount you owe under this agreement (a buyout, an early ending charge or interest) we will invoice by email first, and charge to your card only if you have not paid it within 14 days of the invoice. Receipts are emailed each time. Cancelling or removing your card does not cancel this agreement or anything you owe.

Late payments. If a payment fails, Stripe retries it and we tell you by email. If any amount is still unpaid 23 days after it was due, we will send you written notice. If it is still unpaid 30 days after it was due, we may take the Site offline until everything owing is paid. Monthly fees continue while the Site is offline. Any amount unpaid 30 days after it was due carries interest from that day until paid, at 1.5% a month, which is 19.56% a year. If any amount is still unpaid 60 days after it was due, we may end this agreement by written notice, and section 6 applies.

4. The guarantee

If you do not love the Site, you do not pay. Nothing is charged until you approve the Site by paying through the checkout link, so if you decide not to go ahead before then, or simply do not answer, you owe nothing. We give back your content and keep the design and code, which you may not use. Once you approve and pay, the option you chose applies, including the 12 month minimum on Option B.

5. Who owns what

Your domain is registered in your name, with your own registrar, and is always yours. You pay its renewal directly and keep control of it. At launch we tell you the DNS settings to point it at the Site, and you or your registrar make that change. If your domain lapses or its settings are changed, the Site may stop working until it is fixed.

Your content is always yours: photos, logo, text and reviews you give us. You let us use it to build, host and update the Site.

Our tools: we build every site with our own reusable code, templates and methods, plus some third party parts such as fonts, open source code and stock photos. We keep our tools. Third party parts stay under their own licences, which allow you to keep using them on the Site.

Option A: once you have paid the $1,800 in full, we assign (transfer) to you the copyright in the design and code we made for your Site, and send you a short assignment signed by us that names the Site and the date. You also get a permanent, free licence to use our tools as part of the Site. We waive our moral rights in the Site. If you leave, we will send you a copy of the Site files within 14 days.

Option B: we own the Site's design and code. While your plan is active and paid up, you have a licence to use them for your business at your domain. You may not copy, sell or move the Site unless you buy it.

Buying the Site (Option B): you can buy the Site at any time. After the minimum term the price is $900. During the minimum term it is $900 plus $120 for each month left in the minimum. Once paid, the Site is yours as on Option A. You can then switch to the $79 monthly service, or take a copy of the files and leave.

Portfolio: we may show the Site in our portfolio and add a small "Site by Robbie" link in the footer. Ask and we will remove the link.

6. Cancelling

Option A monthly service: cancel any time with 30 days notice. If the $1,800 is paid, you get a copy of the Site files.

Option B after the minimum term: month to month. Cancel any time with 30 days notice.

Ending Option B early: if you end the plan during the minimum term, or we end it because you did not pay, you pay $120 for each month left in the minimum. You do not pay the $79 part, because we stop providing hosting and edits. Or you can buy the Site instead (see section 5).

When an Option B plan ends without a buyout, we take the Site offline. On request within 30 days we send you your content and your quote form leads, and help point your domain to its new home.

Either of us may end this agreement if the other seriously breaks it and does not fix the problem within 30 days of written notice.

7. Your part

You confirm you have the right to use the photos, logo, text and reviews you give us, and that the reviews are from real customers.

You are responsible for what the Site says about your business: prices, licences, insurance, WSIB and guarantees. We will ask you to confirm these facts before launch.

If someone makes a claim against us because of content or facts you gave us, you will cover our reasonable costs, including legal fees. We may take down content that someone complains about while it is sorted out.

8. Privacy and leads

The Site collects details from people asking for quotes. Those leads belong to you, and you are responsible for them under privacy law.

We handle leads only to deliver them to you, keep the Site working and count calls and quote requests for your results email. We do not keep copies beyond what our email provider holds to deliver them. Our providers (Cloudflare for hosting, forms and email, Stripe for payments) may store data outside Canada. We will tell you promptly if a security problem affects your leads, and keep a record of it. When the agreement ends, we return or delete them.

We will add a standard privacy policy to the Site for you to approve.

Our emails to you include our business name, mailing address and email address. Receipts and notices about your plan are required; you can stop any other email with one click.

9. Limits

We work hard to keep the Site online, but we do not promise it will never be down, including when a provider we rely on has an outage.

We do not promise any search ranking, number of calls or amount of work.

We are not responsible for lost profits, lost jobs or leads, lost data (except restoring the Site from our latest backup), harm to reputation or other indirect losses.

Our total responsibility under this agreement is limited to the amount you paid us in the 12 months before the claim. This does not limit what you owe us, or responsibility for fraud or deliberate wrongdoing.

10. Changes

We may change the monthly price with 60 days written notice. On Option B a change never applies during the minimum term. If you do not accept a change, you may cancel before it takes effect with no early ending charge.

Any other change to this agreement must be agreed by both of us in writing. Email is fine.

11. The fine print, kept short

Notices: by email, to robbie@byrobbie.com for us and to the email you give at checkout for you. Tell us if yours changes.

Problems: we will both try to sort out any disagreement by talking first. If we cannot within 30 days, either of us may go to the courts of Ontario, including Small Claims Court in Oshawa for claims within its limit. Ontario law and the federal laws of Canada that apply in Ontario govern this agreement.

Whole agreement: this agreement is the whole deal. It replaces earlier quotes and conversations. Stripe's own terms also apply to card payments.

If one part fails: if a court finds part of this agreement unenforceable, the rest still applies.

Transfers: you may not transfer this agreement without our written okay. We may transfer it to a company we own or to a buyer of our business, with notice to you. We may use helpers, and we stay responsible for their work.

Events outside our control: neither of us is responsible for delays caused by things we cannot reasonably control, such as major outages, natural disasters or illness. This does not excuse payments.

What lasts after the end: amounts owing, ownership, privacy, your part (section 7) and limits (section 9).