Terms of Service

Last Updated: November 5, 2025

Welcome to Sky The Web Guy! These Terms of Service ("Terms") govern your use of our website design and related services. By engaging our services, you agree to these Terms. Please read them carefully.

1. Services Provided

Sky The Web Guy provides professional website design, development, hosting, maintenance, and related services on a month-to-month subscription basis. Our services include but are not limited to:

• Custom website design and development
• Shopify e-commerce stores
• SEO optimization
• Website hosting and security
• Ongoing updates and maintenance
• Technical support

2. Consultation & Design Process

We provide a consultation to discuss your business needs before beginning work. Key terms:

• All website designs remain our intellectual property until a service agreement is finalized
• Standard websites can be delivered in as little as 3 business days
• Larger projects may take 1-2 weeks depending on complexity
• If you choose not to proceed, we retain full ownership of any design work

3. Pricing and Payment Terms

Service Packages:

• Standard Website: $499 one-time setup + $49/month for hosting, maintenance & updates
• Shopify E-commerce Store: $1,000 one-time fee (hosted by Shopify)
• Premium Website + SEO: $2,000 one-time setup + $149/month for ongoing SEO, hosting & maintenance

Payment Terms:

• Setup fees are due before work begins
• Monthly/annual fees are billed in advance
• Payments are processed via credit card, ACH, or invoice
• Late payments may result in service suspension
• All fees are non-refundable except as required by law

4. Subscription and Cancellation

Month-to-Month Service:

• No long-term contracts required
• You may cancel anytime with 30 days' notice
• Cancellation requests must be submitted in writing via email
• You remain responsible for payment through the end of your current billing period
• Upon cancellation, your website will be taken offline after the billing period ends

Annual Service:

• Paid annually with 17% discount
• No refunds for early cancellation
• Services continue through the end of the prepaid annual term

5. Intellectual Property and Ownership

During Active Subscription:

• We retain ownership of the website design, code, and associated files
• You have a license to use the website for your business purposes
• You own your content, logos, images, and text that you provide

Upon Cancellation:

• Your license to use the website terminates
• We retain all rights to the design and code
• We will provide you with your content (text, images) upon request
• We are not obligated to transfer the website files or design to you

Buyout Option:

• You may purchase full ownership of your website design at any time
• Buyout pricing is available upon request and varies by complexity
• Upon buyout, you receive all source files and full rights to the design

6. Client Responsibilities

As a client, you agree to:

• Provide accurate business information and content
• Respond to requests for feedback and approval in a timely manner
• Ensure you have rights to any content, images, or logos you provide
• Maintain active and valid payment information
• Notify us of any issues or concerns promptly
• Use the website in compliance with all applicable laws

7. Service Level and Support

We strive to provide excellent service and support:

• Uptime: We target 99.9% uptime for hosted websites
• Updates: Minor updates are completed within 1-3 business days
• Support Response: We respond to support requests within 2 business hours during business hours (Mon-Fri, 9 AM - 5 PM CST)
• Emergency Support: Priority support is available for Premium plan customers

8. Limitations and Disclaimers

While we work diligently to provide quality services, please note:

• We do not guarantee specific search engine rankings or website traffic
• We are not responsible for third-party services (e.g., domain registrars, payment processors)
• Website performance may be affected by factors beyond our control
• We reserve the right to refuse service to any client
• Services are provided "as is" without warranties of any kind

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the amount you paid us in the past 12 months
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for loss of profits, data, or business opportunities
• This limitation applies regardless of the legal theory (contract, tort, negligence, etc.)

10. Indemnification

You agree to indemnify and hold harmless Sky The Web Guy from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you provide that infringes on intellectual property rights

11. Modifications to Services and Terms

We reserve the right to:

• Modify or discontinue services at any time
• Update pricing with 30 days' notice to active customers
• Change these Terms at any time (material changes will be communicated)
• Suspend or terminate accounts that violate these Terms

12. Dispute Resolution

In the event of a dispute:

• We encourage informal resolution through direct communication
• Disputes will be governed by the laws of the State of Arkansas
• Any legal action must be brought in the courts of Sebastian County, Arkansas
• You agree to arbitration for disputes under $10,000

13. Termination

We may terminate your account immediately if:

• You violate these Terms
• You fail to pay for services
• You engage in illegal or harmful activities
• Your use of services poses a security risk

Upon termination, you must immediately cease using our services and your website will be taken offline.

14. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Sky The Web Guy.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

Waiver: Our failure to enforce any right does not waive that right.

Assignment: You may not assign these Terms without our written consent.

15. Contact Information

For questions about these Terms or our services, please contact us:

Sky The Web Guy
Email: skyler@skythewebguy.com
Phone: (479) 831-6115
Location: Fort Smith, AR 72908

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.