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Web Design & Hosting Services Agreement

Standard terms · version 2026-09-14

These are the terms every Fiumara Designs client works under. Your Order Form, or your checkout record, names this version and records the plan you chose. We can change the price or scope of the monthly plans with 30 days’ notice; everything else changes only by agreement (Section 8). Questions before you accept: hello@fiumaradesigns.com.

This Agreement ("Agreement") is entered into between Fiumara Designs LLC ("Fiumara Designs," "we," "us") and the Client named in the Order Form ("Client," "you"), effective on the date of Client's acceptance under Section 9.

A few defined terms, used throughout. The "Order Form" is the one-page document that records Client's legal name, the plan selections under Sections 1.2 and 1.3, the page count, and the date of acceptance. "Care" means whichever Care level Client has selected under Section 1.3. A "billing period" is one calendar month starting on the go-live date (Section 1.1) or its monthly anniversary. The "go-live date" is defined in Section 1.1. "Client Content" is defined in Section 4.1 and includes everything Client supplies for the build.

1. Services

1.1 Initial Build

Fiumara Designs will design and build a website for Client (the "Site") consisting of up to the number of pages stated in the Order Form, based on the Client Content and direction Client provides during intake. Client will receive a live mockup for review before final delivery.

Delivery and acceptance. The build is delivered when Fiumara Designs notifies Client in writing that the Site is complete and ready to go live, after the included revision rounds below. The Site is accepted on that notice unless Client objects in writing within 7 days identifying a specific respect in which the Site does not match the approved mockup, in which case Fiumara Designs will correct it and give notice again.

Go-live date. The go-live date is the earlier of (i) the day the Site is first served at Client's own domain, and (ii) 14 days after the delivery notice, where the only outstanding step is one that Client controls (for example, pointing Client's domain at the Site). Recurring fees under Section 2 start on the go-live date.

Revisions. The initial build includes two (2) rounds of revisions. A "round" is one consolidated set of written feedback from Client and Fiumara Designs' response to it; feedback sent piecemeal over time may be treated as separate rounds. Revisions requested after the included rounds are exhausted, and any change that alters the agreed scope (additional pages, a different design direction, or functionality not quoted), are billed under Section 1.4 and quoted before work begins.

1.2 How You Pay for the Build

The boxes in Sections 1.2 and 1.3 are ticked on Client's Order Form.

Every plan includes an ongoing Care subscription under Section 1.3; this section covers only how the one-time build is paid for. Client has selected (check one):

• ☐ Starter Plan (build financed) — $0 due at acceptance. The price of the build under this plan is $1,188, payable in twelve monthly instalments of $99 starting on the go-live date, on top of the monthly Care fee Client selects in Section 1.3.

  The instalments are the agreed price of work delivered under Section 1.1, paid over time; they are not a subscription and not a fee for Care. If, before all twelve instalments have been paid, (i) Client cancels Care or this Agreement, (ii) Fiumara Designs terminates for cause under Section 3.4, or (iii) the project is closed under Section 1.5 after delivery, then all unpaid scheduled instalments — twelve, less the instalments already paid — become due within 15 days. That amount is the balance of the purchase price for something Client has already received, not a penalty or a fee for ending service. Nothing further is owed for Care not yet taken. After the twelfth instalment the $99 charge ends and only the Care fee continues.

• ☐ One-Time Plan (build paid up front) — $800 due on acceptance (Section 9) for the initial build, plus the monthly Care fee Client selects in Section 1.3, starting on the go-live date. No build charge recurs. The payment period in Section 2 applies to recurring fees; the build price is due on the date of acceptance.

Both plans deliver the identical Site. The only difference is whether the build is paid once up front or financed over the first year; the up-front price is lower because it is not financed.

1.3 Care Plan (choose one)

Every Site includes a monthly Care subscription at one of the two levels below. Client selects one, and may move between them at any time on written notice, effective the next billing period.

• ☐ Full Care — $65/month. Everything in Maintenance below, plus:
  • Done-for-you content edits, same business day where reasonably possible. Client sends the change (new menu, hours, prices, photos, staff, service listings, seasonal copy) and Fiumara Designs makes it live — Client never has to touch the editor. There is no per-edit charge and no fixed monthly cap; edits are limited to what the ordinary running of Client's business reasonably needs, and a bulk request (for example, more than ten distinct changes at once) may be scheduled over several business days. "Content" has the same meaning as in Maintenance; structural and design work (new pages, layout changes, blocks outside the existing library) remains outside Care and is handled under Section 1.4.
  • New features added to your Site as they are built. As Fiumara Designs develops new content blocks and Site features and releases them generally, they are added to Client's Site at no additional charge and without Client having to ask, where they are technically compatible with Client's Site. Section 3.3 governs the later change or withdrawal of a feature.
  • A seasonal refresh each quarter — an update to a banner, hero, or featured content for a holiday, season, or promotion, at Client's direction or on Fiumara Designs' suggestion.
  • A monthly Site check confirming the Site is online, loading quickly, and rendering correctly on current devices, together with a summary of any contact-form submissions received that month.
• ☐ Maintenance — $35/month. For as long as Client subscribes, Fiumara Designs will:
  • Host the Site on infrastructure selected and managed by Fiumara Designs;
  • Maintain the underlying software, security patches, uptime monitoring, and routine backups for that infrastructure;
  • Provide Client access to the self-service editor to update pre-defined content blocks (text, photos, hours, service or menu listings, and similar structured content) at no additional charge;
  • Make new content blocks available in the editor as they are developed, at no additional charge.

  Under Maintenance the Site stays as built; content edits are Client's own to make through the editor, or may be requested from Fiumara Designs and billed under Section 1.4. Maintenance does not include done-for-you edits, proactive feature additions, or the seasonal refresh — those are the Full Care difference.

Neither Care level includes custom design changes, new pages, changes to Site structure, or blocks not available in the editor. Such work is billed under Section 1.4 on either level.

1.4 Work Outside Care

Custom design work, new pages, or changes outside the scope of the existing block library are billed at Fiumara Designs' then-current rate regardless of Care level, and are quoted in advance. On the Maintenance level, done-for-you content edits (which Full Care includes) are also billed this way, or Client may make them through the editor at no charge.

1.5 Client Materials, Scheduling, and Inactive Projects

The build cannot proceed without Client Materials. Client will provide all Client Materials reasonably required for the build, and will respond to written requests for feedback or approval, within 30 days of the effective date or of the request, as applicable, unless the parties agree otherwise in writing.

If Client does not do so, Fiumara Designs may, on written notice (email is sufficient):

• Pause the project and release the build time reserved for Client. Work resumes when Client provides the outstanding materials, subject to Fiumara Designs' then-current availability; a paused project has no guaranteed delivery date.
• Begin billing as though the Site had gone live. The $99 build instalment and 12-month period described in Section 1.2 (Starter Plan) and the monthly Care fee selected under Section 1.3 (either plan) begin on the earlier of (i) the date the Site goes live or (ii) the date the project is paused under this Section. Under the One-Time Plan the build price is already due in full at signing.
• Close the project if it remains inactive for 60 days after being paused. Amounts already paid are non-refundable under Section 2, and any later request to build the Site is a new engagement quoted at Fiumara Designs' then-current pricing.

Delay caused by Fiumara Designs does not trigger this Section, and Fiumara Designs will not invoke it where Client has been responsive but reasonably needs more time and has said so in writing.

2. Payment Terms

• Recurring fees — the Starter Plan build instalment under Section 1.2, and the Care fee under Section 1.3 — are billed monthly in advance, starting on the date the Site goes live (or earlier, as provided in Section 1.5).
• Each recurring fee is due within 15 days of its billing date (the first day of the billing period it covers). The One-Time Plan build price is due on the date of acceptance (Section 1.2). If a payment is not received when due, Fiumara Designs may suspend public access to the Site after providing at least 7 days' written notice (email is sufficient) to Client's notice address under Section 8.
• Any balance not paid when due accrues a late charge of 1.5% per month on the overdue amount, or the maximum rate permitted by applicable law, whichever is less, running from the due date until the balance is paid in full. A late charge is in addition to, and not in place of, the suspension right described above.
• Client is responsible for reasonable costs Fiumara Designs incurs in collecting a past-due balance, including third-party collection fees and court filing fees.
• Reinstatement after suspension for non-payment carries a reconnection fee of $50, payable with the overdue balance.
• Fees are stated exclusive of sales tax. Where Fiumara Designs is required to collect sales tax on a fee, it is added to the invoice at the rate for Client's billing address and shown as a separate line.
• All fees are non-refundable except as required by law or as expressly stated in this Agreement, and except that if Fiumara Designs fails to deliver the Site under Section 1.1 for reasons other than those in Section 1.5, Client is entitled to a refund of the build price paid.

3. Term and Termination

3.1 Term

This Agreement begins on the effective date and continues for as long as Fiumara Designs provides Care or hosting for the Site, month to month, until it ends under this Section 3. Under the Starter Plan the obligation to pay the instalments in Section 1.2 continues until they are paid, whether or not Care continues.

3.2 Termination by Client

Client may cancel Care at any time by written notice (email is sufficient). Cancellation takes effect at the end of the then-current billing period; no partial-month refunds are issued. When Care ends, Fiumara Designs stops serving the Site at the end of that period, and this Agreement ends except for the Sections that survive under Section 3.5. Client keeps the export described in Section 4.3 on the terms stated there.

The Starter Plan instalments are not a cancellable subscription. Cancelling before the twelfth instalment triggers the unpaid scheduled instalments described in Section 1.2. Cancelling Care itself is always free; the build was delivered up front and is paid for either way.

3.3 Termination or Discontinuation by Fiumara Designs

Fiumara Designs may discontinue hosting or Care services at any time by providing Client at least 30 days' written notice. Upon such notice, Fiumara Designs will:

• Provide Client a complete export of the Site's files and content in a reasonably usable format (the paid-in-full condition in Section 4.3 is waived where Fiumara Designs discontinues service, and no further Starter Plan build instalments accrue from the date of the notice);
• Provide reasonable assistance (not to exceed two (2) hours at no charge) to help Client migrate to alternate hosting;
• Continue hosting the Site through the end of the 30-day notice period unless Client has failed to pay amounts due under Section 2.

Nothing in this section obligates Fiumara Designs to continue offering any service, feature, or the editor itself indefinitely; Fiumara Designs may also discontinue or change specific features with reasonable notice, provided the Site itself remains functional.

3.4 Termination by Fiumara Designs for Cause

Fiumara Designs may end this Agreement on written notice, effective immediately or on the date the notice states, if: (a) any amount due under Section 2 remains unpaid 30 days after a written reminder; (b) the Site or Client Content is used for anything unlawful, or in a way that exposes Fiumara Designs' infrastructure or other clients to harm; or (c) Client materially breaches this Agreement and does not cure within 15 days of written notice describing the breach. On termination for cause: the unpaid scheduled instalments under Section 1.2 become due; Section 3.3's waiver and transition assistance do not apply; and Client receives the export under Section 4.3 only once all amounts due have been paid.

3.5 Effect of Termination; Survival

When this Agreement ends for any reason, Client's right to use Fiumara Designs' hosting infrastructure, editor, and underlying block/template system as a running service ends. Client retains all rights to Client Content (Section 4.1) and keeps the export described in Section 4.3. Sections 1.2 (amounts still owed), 2, 4, 5, 7 and 8, and any other term that by its nature should survive, continue to apply after this Agreement ends.

4. Ownership

4.1 Client Content

Client owns all text, photographs, logos, and other business-specific content and direction Client provides during intake, supplies later, or enters through the editor ("Client Content"). Fiumara Designs claims no ownership interest in Client Content.

Client's warranty. Client represents and warrants that Client owns, or has obtained all rights and licenses necessary to use and to authorize Fiumara Designs to use, all Client Content; that Fiumara Designs' use of Client Content as contemplated by this Agreement will not infringe or misappropriate any third party's copyright, trademark, right of publicity, or other right; and that Client Content does not violate any applicable law.

License to operate the Site. Client grants Fiumara Designs a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, resize, compress, and otherwise process Client Content solely as necessary to build, operate, back up, and support the Site. This license ends on termination, except for backup copies retained in the ordinary course of business until routinely deleted.

Indemnification. Client will defend, indemnify, and hold harmless Fiumara Designs from and against any third-party claim, and any resulting damages, settlements, judgments, and reasonable attorneys' fees and costs, arising out of Client Content or out of Client's breach of the warranty above. Fiumara Designs will notify Client promptly of any such claim and will not settle it without Client's consent, which will not be unreasonably withheld.

Removal. Fiumara Designs may remove or disable any Client Content it reasonably believes infringes a third party's rights or violates applicable law, with notice to Client where practical. Doing so is not a breach of this Agreement.

Portfolio. Fiumara Designs may identify Client as a client and display screenshots of, and a link to, the Site in its portfolio and marketing materials; this is an agreed exception to Section 7. Client may withdraw this permission at any time by written notice, and Fiumara Designs will remove the Site from new materials within a reasonable time.

4.2 Fiumara Designs Materials

Fiumara Designs retains all right, title, and interest in the underlying website template system, reusable content blocks, editor software, and any other pre-existing or independently developed tools, code, or designs used to build or operate the Site ("Fiumara Materials"). While this Agreement is in effect, Client may use the Fiumara Materials as incorporated into the Site as a running service; that right ends when this Agreement does.

What survives in the export. The export under Section 4.3 is rendered output — HTML, CSS, JavaScript, fonts and images. To the extent any Fiumara Materials are embedded in that rendered output, Client receives a perpetual, non-exclusive, royalty-free licence to copy, host, display and modify that output as part of the Site, and to pass it to a successor host or developer for that purpose. This licence covers the rendered output of Client's Site only; it does not extend to the editor, the templates, the block system, or their source, and does not permit building other sites from them.

4.3 Your Copy of the Site

Once the initial build has been paid for in full (under the Starter Plan, when the twelfth instalment or any accelerated balance has been paid), Client may ask for a static export of the Site, and Fiumara Designs will provide one within a reasonable period. The export is Client's to keep, to host anywhere, and to go on using indefinitely, under the licence in Section 4.2. That right does not end when this Agreement does.

The export contains the Site's published pages and public blog posts as ordinary HTML, CSS, images and fonts: the same design, the same content, the same working navigation a visitor sees. It does not contain the Fiumara Materials described in Section 4.2 — the editor, the block system, or the tooling used to build and operate the Site. Client can host and serve the export; Client does not receive the means to regenerate or re-edit it through Fiumara Designs' software.

Two limits, stated here so they are not a surprise later:

• Forms stop receiving submissions once the Site is hosted elsewhere. The part that receives a form submission is server software, not part of the page, so it does not travel with the files. An exported form can be connected to any third-party form service.
• Anything that only exists because Fiumara Designs is serving the Site — the editor, client login, analytics — is not included.

Fiumara Designs will provide up to four (4) exports in each contract year (twelve months from the effective date) at no charge, and one on request when this Agreement ends, provided the build has been paid for in full including any balance accelerated under Section 1.2 (or as provided in Section 3.3).

4.4 Post-Termination

When this Agreement ends, Client keeps Client Content and keeps the export described in Section 4.3 — a working copy of the Site that can be hosted anywhere, indefinitely.

What ends is access to the things Fiumara Designs operates: the editor, the hosting, and the right to use the Fiumara Materials as a running service. Client does not need to replace anything in order to keep the Site online; Client would need a new arrangement in order to keep EDITING it through software, since the editor is not part of the export.

5. No Warranty; Limitation of Liability

5.1 No Warranty of Uninterrupted Service

Fiumara Designs does not guarantee the Site will be available without interruption. Hosting depends in part on third-party infrastructure providers outside Fiumara Designs' control, and outages of those providers are not a breach of this Agreement.

5.2 Limitation of Liability

To the maximum extent permitted by law, Fiumara Designs' total liability to Client for all claims arising from this Agreement is limited to the fees Client paid to Fiumara Designs in the twelve months before the event giving rise to the claim. Fiumara Designs is not liable for indirect, incidental, or consequential damages, including lost business or lost profits, arising from Site downtime, data loss, or service discontinuation. These limits do not apply to liability that cannot be limited by law, or to a party's gross negligence or wilful misconduct, and do not limit Client's obligations under Section 4.1.

5.3 Data and Privacy

Where the Site collects information from Client's customers (for example, contact-form submissions), Fiumara Designs stores and forwards that information as Client's service provider, on Client's instructions, and uses it for no other purpose. Client is responsible for its own privacy notice to its customers and for the lawfulness of what the Site collects. Fiumara Designs will use reasonable technical and organisational measures to protect that information, will tell Client without undue delay (and in any case within 72 hours of confirming it) if the information is exposed in a way that could affect Client's customers, and will delete it within 30 days of Client's written request after this Agreement ends.

5.4 Accessibility

Fiumara Designs builds the Site to meet the Web Content Accessibility Guidelines 2.1 at level AA as delivered, and will correct at no charge any failure to do so that Client reports. Fiumara Designs does not warrant continued conformance for content or changes Client adds through the editor, and makes no representation about Client's legal obligations under accessibility law.

6. Independent Contractor

Fiumara Designs is an independent contractor, not an employee, agent, or partner of Client. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.

7. Confidentiality

Each party agrees to keep confidential any non-public business information disclosed by the other party in connection with this Agreement, and to use it only for purposes of performing under this Agreement. This does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already had or independently develops, or that must be disclosed by law or court order (in which case the receiving party will give notice where legally permitted). The portfolio permission in Section 4.1 is an agreed exception. This Section continues for two years after this Agreement ends.

8. General Provisions

• Governing Law and Venue. This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute will be brought in the state courts sitting in Suffolk County, New York (including small-claims court where the amount qualifies), and each party consents to that venue.
• Entire Agreement. This Agreement, together with Client's Order Form (if any) and the record of Client's acceptance under Section 9, is the entire agreement between the parties regarding the Site and supersedes prior discussions. The Mockup Terms at fiumaradesigns.com/mockup-terms continue to govern the mockup phase that preceded acceptance, including Client's confirmation of rights in the materials supplied then.
• Order of Precedence. The Order Form governs only the per-client matters it records: Client's identity, the plan selections under Sections 1.2 and 1.3, the page count, and the dates. In every other respect this Agreement governs, and a plain-language summary on the Order Form does not change it.
• Amendment. This Agreement may only be amended in writing signed (or affirmatively accepted electronically) by both parties, except that Fiumara Designs may update the price or scope of the Care levels with 30 days' written notice for future billing periods; existing paid periods are unaffected, and the build price fixed under Section 1.2 does not change during the twelve instalments.
• Assignment. Client may transfer this Agreement to a buyer of Client's business on written notice; Fiumara Designs may transfer it to a successor to its business. Otherwise neither party may assign it without the other's written consent.
• Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including failures of third-party infrastructure providers), provided it uses reasonable efforts to resume.
• Severability; Waiver. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full effect. A party's failure to enforce a term is not a waiver of it.
• Notices. Written notice under this Agreement may be given by email: to Fiumara Designs at hello@fiumaradesigns.com, and to Client at the email address on the Order Form or used at checkout. Each party will keep its notice address current. Notice is effective when sent, unless the sender receives a delivery failure.
• Electronic Acceptance. Electronic signatures and acceptances under Section 9 have the same effect as handwritten signatures.

9. Acceptance

These are Fiumara Designs' standard terms, version 2026-09-14.

Client accepts this Agreement, and it takes effect, on the earlier of:

• Client signing an Order Form that names this Agreement by version; or
• Client accepting this Agreement at checkout when paying for a build or starting Care through a payment page that links to it, in which case the checkout record (the plan purchased, Client's name and email, and the date) serves as Client's Order Form for the matters in Section 8, Order of Precedence.

A signed Order Form is required for the Starter Plan; the instalments in Section 1.2 do not begin until it is signed. Fiumara Designs keeps a copy of the version of this Agreement that Client accepted, together with the Order Form or checkout record, and will provide it to Client on request.

Client: the Client named in the Order Form, by its Order Form or checkout acceptance, dated as recorded there.

Fiumara Designs LLC: Frank Fiumara, Founder.