Terms of Service & Recurring Maintenance Policy

1. Parties and acceptance

This agreement is between Presitesly, operated by Mason Anderson ("Presitesly," "we," "us"), and the individual or business purchasing services ("Client," "you").

You accept these terms when you check the agreement box at checkout, submit payment, or use any website we build or host for you. If you accept on behalf of a business, you confirm you have authority to bind it.

2. Services and scope

We provide custom website design, front-end and application development, hosting management, and ongoing maintenance. We also offer domain registration, business email hosting, logo design, and photography or licensed stock imagery, each quoted separately unless included in a written scope. Your package determines website scope:

• Standard Ownership: a custom website of one to five pages or tabs, mobile responsive and SEO-ready.
• Enterprise Suite: unlimited pages and tabs, custom web application architecture, deep integrations, and high-detail interface work. The listed fee is a starting price; larger builds are quoted above it.

Exact deliverables are confirmed by email before work begins. Work outside the agreed scope is quoted separately. Complex Enterprise builds may be quoted above the listed base fee, and no such work starts without your written approval.

3. Payment, autopay, and renewal

How you pay. We do not currently accept card payments on the website. After you contact us we confirm scope in writing and send an invoice by email. Invoices are payable by the methods listed on them; where a card is used, it is processed by our payment processor and card details are never stored on our servers.

Recurring maintenance. Hosting and maintenance are billed on a recurring 30-day cycle, or once every twelve months if you choose annual billing, beginning when your site goes live. Billing continues until you cancel with 30 days written notice. If you authorize a saved payment method on an invoice, that authorization applies to future cycles until you withdraw it.

Failed payments. If a payment fails we will attempt to notify you and retry. If a balance remains unpaid for more than fifteen (15) days, we may suspend hosting until the balance is cured.

Refunds. Upfront build fees are non-refundable once design or development work has begun, because they compensate labor already performed. Monthly fees already charged are not prorated on cancellation.

You are responsible for keeping a valid payment method on file and for any applicable taxes.

4. Update rewards and the use-it-or-lose-it policy

Standard Ownership ($29.99/mo). This plan earns one website update per calendar quarter, four per year, by keeping the subscription active and in good standing. Quarters are:

Enterprise Suite ($49.99/mo). Includes one content update per month, twelve per year, on the same use-it-or-lose-it basis unless agreed otherwise in writing.

Additional updates. Work beyond the included quarterly or monthly allowance is quoted separately by complexity, and is agreed in writing before any work begins.

How to request an update. All updates for every tier must be submitted by email to contact@presitesly.com. Scope must be described and mutually agreed in writing before work starts. A request is "used" when the agreed work is completed, or when you abandon an agreed request. An update covers reasonable content and design changes to the existing site; it does not cover new pages, rebuilds, new applications, or third-party integration work, which are quoted separately.

4a. Photography, imagery and media

Where photography is included in your written scope, we may (a) photograph your business on site, (b) supply images from our licensed stock library, or (c) use imagery you already own outright and supply to us.

Photographs we take for your project are licensed to you for unlimited use on your website and marketing for as long as you comply with this agreement. Licensed stock imagery remains subject to the license held by its original rights holder and may not be resold or redistributed on its own.

If you supply imagery, you confirm that you own it outright or hold the rights to use it, and your indemnity obligations in section 9 apply to it.

5. Code ownership and cancellation

Standard Ownership and Enterprise Suite. Once the upfront build fee is paid in full, you own the design and site code outright. You may cancel hosting and maintenance with thirty (30) days written notice by email, and on request we will provide a one-time export of your site files.

What stays ours in every tier. Our reusable frameworks, component systems, build tooling, and general know-how remain our property. Where they are embedded in your delivered site, you receive a perpetual, non-exclusive licence to use them as part of that site.

What was always yours. Your logos, trademarks, photographs, and copy remain yours. You grant us a licence to use them to build, host, and maintain your site, and to show the finished site in our portfolio unless you ask us in writing not to.

Termination by us. We may suspend or terminate immediately, without refund, for non-payment or for a violation of the acceptable use policy in section 10.

6. Client responsibilities

You are solely responsible for the content, products, services, and claims published on your site, and you confirm that you own or have licence to everything you supply, that your content complies with applicable law, and that any claims you publish are truthful.

You are responsible for supplying materials and feedback in a timely way. If a project stalls awaiting your input for more than thirty (30) days, we may invoice work completed to date and reschedule the remainder subject to availability. Recurring hosting fees continue during any such delay.

7. Hosting, upstream providers, and uptime

Services are provided "as is" and "as available," without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We offer no uptime guarantee and no service level agreement. Your site is delivered over infrastructure operated by independent third parties including Netlify, Amazon Web Services, Stripe, domain registrars, DNS providers, and content delivery networks ("Upstream Providers"). We are not liable for any outage, latency, data loss, price change, feature removal, or security incident originating with an Upstream Provider.

We are also not liable for compromises caused by weak or shared passwords on accounts you control, phishing or social engineering affecting you or your staff, or vulnerabilities in third-party plugins or scripts you request.

8. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to this agreement or the services shall not exceed the total amount you actually paid to Presitesly during the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall we be liable for any indirect, incidental, special, exemplary, or consequential damages, or for lost profits, lost revenue, lost business opportunity, lost goodwill, lost or corrupted data, or cost of substitute services, even if advised of the possibility.

These limits reflect an agreed allocation of risk that is a material basis of our pricing. Nothing here limits liability that cannot be limited under applicable law. Any claim must be brought within one (1) year after it accrues.

9. Indemnification

You agree to indemnify, defend, and hold harmless Presitesly and Mason Anderson from any third-party claims, damages, liabilities, settlements, and reasonable attorneys' fees arising out of your website content, products, services, or marketing claims; any allegation that materials you supplied infringe a third party's rights; your violation of any law or regulation, including consumer protection, privacy, and accessibility law; data you collect from your own users; or your breach of this agreement.

10. Acceptable use

You may not use our services to host, transmit, or facilitate phishing, malware or ransomware, spam or unsolicited bulk email, copyright or trademark infringement, content that is unlawful or that sexually exploits minors, or attempts to breach or overload any system. Activity must also comply with the acceptable use terms of our Upstream Providers.

We retain sole discretion to determine whether content violates this policy and may remove content, suspend the site, and terminate the account without refund, without prior notice where the violation is severe.

11. Accessibility

We build with common accessibility practices in mind and can implement specific accessibility requirements when they are scoped and quoted in writing. We do not warrant that any site conforms to the ADA, Section 508, or WCAG unless expressly agreed in writing.

Because accessibility depends heavily on client-managed content — images and alternative text, uploaded documents, video captions, and post-launch edits — as between you and Presitesly, you retain legal and financial responsibility for accessibility compliance of your site, and your indemnity obligations in section 9 apply to it.

12. Privacy

We practice data minimization and collect only what is needed to answer you, build your project, and get paid: the details you submit through our forms and checkout, and standard server logs kept by our host for delivery and security.

Payments. We do not take card payments on this website. Where an invoice is paid by card, the card data is tokenized and handled by our payment processor. We never see, handle, or store raw card numbers.

We do not sell your personal information and we do not run third-party advertising trackers on this site. We share data only with the providers needed to operate: our host (Netlify), our payment processor, and our email provider.

Minors. This site is directed to business owners and other adults. Consistent with the Arkansas Children and Teens' Online Privacy Protection Act and the federal Children's Online Privacy Protection Act, we do not knowingly collect personal information from anyone under 18, do not profile minors, and do not serve targeted advertising to minors. Where we build a site for you, you are the operator of that site and responsible for its own compliance.

To request access to, correction of, or deletion of the information we hold about you, email contact@presitesly.com.

13. Governing law and venue

This agreement is governed by the laws of the State of Arkansas, without regard to its conflict-of-law rules. Any dispute arising out of this agreement shall be brought exclusively in the state or federal courts located in [COUNTY] County, Arkansas, and both parties consent to that jurisdiction and venue.

14. General provisions

Entire agreement. These terms plus any written scope agreed by email are the entire agreement between us.

Amendment. We may update these terms by posting a revised version with a new effective date. Material changes take effect for existing clients at the start of their next billing period; continued use after that date is acceptance.

Severability & waiver. If a provision is unenforceable it is modified to the minimum extent necessary or severed, and the rest stays in effect. Failure to enforce a provision is not a waiver of it.

Assignment. You may not assign this agreement without our written consent. We may assign it in connection with a sale of the business.

Independent contractor. We are an independent contractor, not your employee or partner.

Notices. Notices to us go to contact@presitesly.com. Notices to you go to the email on your account and are deemed received when sent.