These Terms of Service (the “Terms”) are a binding agreement between you (“you,” “your,” or the “Client”) and [LEGAL_BUSINESS_NAME], a [STATE_OF_FORMATION] [ENTITY_TYPE, e.g. limited liability company] (“[BUSINESS_SHORT_NAME],” “we,” “us,” or “our”). They govern your access to and use of our website at [WEBSITE_URL], the free website mockup we may build for you, and the website design, hosting, maintenance, and outreach services we offer (together, the “Service”). Please read them carefully. If you sign a separate Client Services Agreement with us, that agreement controls where it conflicts with these Terms.
1 Acceptance of these terms
By accessing or using the Service in any way — including by requesting or viewing a free mockup, contacting us about a website, or paying an invoice — you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.
↑ Back to top2 Definitions
| Term | Meaning |
|---|---|
| Service | Our website, the free mockup, and the website design, hosting, maintenance, and outreach services described in Section 3. |
| Client Site | The website we design, build, and/or host for you under a paid plan. |
| Mockup | A non-final demonstration website we may build to show what we could create for your business, described in Section 4. |
| Client Content | Logos, photos, text, reviews, business information, and other materials you provide or authorize us to use. |
| Fees | The upfront setup fee and recurring subscription fee for your plan, described in Section 6. |
3 The service we provide
[BUSINESS_SHORT_NAME] designs, builds, hosts, and maintains websites for small and local service businesses. Depending on the plan you select, the Service may include:
- Design and development of a custom Client Site using your business information, branding, photos, and customer reviews;
- Hosting of the Client Site on infrastructure we manage or arrange;
- Ongoing maintenance and a set number of content edits, handled by us on request;
- Connection of a custom domain you own or that we register on your behalf;
- Optional outreach services on your behalf, which may include automated or assisted phone calls and direct mail to recipients you authorize.
The exact scope, deliverables, and limits of your plan are set out in your order, plan description, or Client Services Agreement. We may improve, modify, or discontinue features of the Service over time; we will not materially reduce the core deliverables of an active paid plan without notice.
↑ Back to top4 The free mockup
We may build a free, no-obligation Mockup of a website for your business so you can see our work before paying anything. You understand and agree that:
- The Mockup is a demonstration only. It is not a final, contracted Client Site, may use placeholder or sample elements, and may be taken down at any time.
- We retain all rights in the Mockup unless and until you start a paid plan, at which point ownership of the finished Client Site transfers as described in Section 9.
- To build a Mockup we may use publicly available information about your business (such as your name, address, phone number, photos, and public reviews). If you ask us to, we will remove or change any such information.
- Submitting a request for a Mockup does not create an obligation for you to buy anything, and does not obligate us to build or maintain a Mockup.
5 Eligibility & your account
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information and to keep it up to date. If we provide you with login credentials or an account, you are responsible for keeping them confidential and for all activity that occurs under them. Notify us promptly at [CONTACT_EMAIL] of any unauthorized use.
↑ Back to top6 Fees, billing & auto-renewal
Our paid plans are billed as a one-time upfront setup fee plus a recurring monthly (or other interval) subscription fee, as shown at the time you order or in your Client Services Agreement. By starting a paid plan, you agree to the following:
- Payment processor. Payments are processed by our third-party payment processor, [Stripe]. By providing payment information, you authorize us and our processor to charge that payment method for all Fees due. Your use of the processor is also subject to its own terms and privacy policy.
- Upfront fee. The setup fee is charged when you start your plan and is earned as we perform the setup work.
- Recurring fee & auto-renewal. Your subscription automatically renews at the end of each billing period and your payment method is automatically charged the then-current recurring Fee, until you cancel as described in Section 12. You authorize these recurring charges.
- Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes, except taxes on our income.
- Failed or late payments. If a charge fails or a payment is overdue, we may retry the charge, suspend the Service (including taking the Client Site offline), and/or charge reasonable late fees or interest as permitted by law.
- Price changes. We may change our Fees for future billing periods on reasonable advance notice (for example, by email). Continued use after a price change takes effect is your acceptance of the new Fees.
7 Your responsibilities
To let us do our work, you agree to:
- Provide accurate business information and any Client Content (logos, photos, text, reviews) we reasonably need, and respond to requests for input and approvals in a timely way;
- Make sure you have all rights and permissions necessary for us to use the Client Content you give us, including rights to any photographs, logos, trademarks, and customer reviews;
- Use the Service and the Client Site in compliance with all applicable laws, including advertising, consumer-protection, and communications laws;
- Keep your contact and payment information current;
- Not ask us to publish content that is false, misleading, infringing, defamatory, or otherwise unlawful.
Delays or inaccuracies caused by Client Content or by your failure to respond are not our responsibility and may affect timelines.
↑ Back to top8 Acceptable use
You agree not to, and not to allow anyone to: (a) use the Service for any unlawful, fraudulent, or harmful purpose; (b) copy, resell, or sublicense the Service except as expressly allowed; (c) interfere with or disrupt the Service or its servers; (d) attempt to gain unauthorized access to any part of the Service or other users' data; (e) upload viruses or malicious code; or (f) reverse engineer or scrape the Service except as permitted by law. We may investigate and take appropriate action, including suspending or terminating access, for any suspected violation.
↑ Back to top9 Intellectual property & ownership
Our materials
The Service, our website, our brand (including the “Brickwork” name, logo, and maker's seal), our software, templates, design systems, and underlying code are owned by us or our licensors and are protected by intellectual-property laws. Except for the limited rights granted in these Terms, nothing transfers any of our intellectual property to you.
Your content
You keep all rights in your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely to provide and promote the Service (for example, to build your Client Site and, unless you opt out, to feature your project in our portfolio).
The finished Client Site
Subject to your payment of all Fees due, the custom content and design of your finished Client Site — the page text, images we created for you, and the specific layout assembled for you — are yours to use for your business. This ownership does not include: (i) our reusable templates, design system, code frameworks, and tools; (ii) any third-party or licensed components, fonts, or stock assets, which remain subject to their own licenses; or (iii) hosting and platform features that depend on an active subscription. Full details, including what happens to the site if you cancel, are in the Client Services Agreement.
↑ Back to top10 Third-party services
The Service relies on third-party providers — for example, payment processing ([Stripe]), automated calling ([Vapi]), telephony and messaging ([Twilio]), email delivery ([SendGrid]), and direct mail ([Lob]). Your use of features that depend on these providers may be subject to their terms, and we are not responsible for their acts, omissions, availability, or content. We do not control and are not liable for third-party websites or services that we link to.
↑ Back to top11 Electronic communications & consent
By using the Service or giving us your contact information, you consent to receive communications from us electronically — including by email, text message (SMS), and phone — relating to the Service, and you agree that electronic communications and records satisfy any legal requirement that such communications be in writing.
Phone & text consent (TCPA). We place outreach calls and texts only to people who have asked us to contact them or otherwise given prior express consent. We do not place cold automated or pre-recorded marketing calls to numbers we have merely scraped or obtained without consent. If you provide a phone number and ask us to contact you (for example, by requesting a callback or a mockup), you consent to receive calls and texts at that number from us or on our behalf, which may be placed using automated technology; consent is not a condition of purchase, message and data rates may apply, and you may opt out at any time by replying STOP to a text, telling us on a call, or emailing [CONTACT_EMAIL].
For more detail on how we handle communications and your data, see our Privacy Policy.
↑ Back to top12 Term, cancellation & suspension
These Terms apply for as long as you use the Service. For paid plans:
- Cancellation by you. You may cancel your subscription at any time by [CANCELLATION_METHOD, e.g. emailing [CONTACT_EMAIL] or using your account dashboard]. Cancellation takes effect at the end of the current billing period; you will not be charged for periods after that, and Fees already paid are not refunded except as stated in Section 6.
- Effect on the Client Site. Hosting and subscription-dependent features end when your paid plan ends. If you want to keep the site live, you are responsible for arranging your own hosting; we will reasonably cooperate in transferring exportable content you own. See the Client Services Agreement for specifics.
- Suspension or termination by us. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service unlawfully, or if we discontinue the Service. We will use reasonable efforts to give notice where practical.
Sections that by their nature should survive termination (including Fees owed, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
↑ Back to top13 Disclaimer of warranties
THE SERVICE, THE MOCKUP, AND THE CLIENT SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL PRODUCE ANY PARTICULAR BUSINESS RESULT, RANKING, LEAD VOLUME, OR REVENUE. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
14 Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL [LEGAL_BUSINESS_NAME], ITS OWNERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE [3 (THREE)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) [USD $100]. Some jurisdictions do not allow these limitations, so they may not fully apply to you.
15 Indemnification
You agree to defend, indemnify, and hold harmless [LEGAL_BUSINESS_NAME] and its owners and employees from and against any claims, damages, liabilities, and reasonable legal fees arising out of: (a) your Client Content; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your outreach instructions, including any calls, texts, or mail we send at your direction.
↑ Back to top16 Governing law & disputes
These Terms are governed by the laws of the State of [STATE_OF_FORMATION], without regard to its conflict-of-laws rules. Subject to any arbitration provision below, you agree that the state and federal courts located in [COUNTY/CITY, STATE] will have exclusive jurisdiction over any dispute, and you consent to their jurisdiction and venue.
17 Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Effective date” above and, for material changes, provide additional notice where reasonable (for example, by email or a notice on our website). Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the updated Terms.
↑ Back to top18 General provisions
- Entire agreement. These Terms, the Privacy Policy, and any Client Services Agreement or order you accept are the entire agreement between us about the Service.
- Severability. If any provision is found unenforceable, the rest stays in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.
19 How to contact us
Questions about these Terms? Reach us at:
[LEGAL_BUSINESS_NAME]
[BUSINESS_ADDRESS — street, city, state, ZIP]
Email: [CONTACT_EMAIL]