Terms of Service

EM Website Creation
Effective Date: May 21, 2026

1. Agreement to Terms

By booking an appointment, making a payment, or engaging the services of EM Website Creation ("we," "us," or "our"), you ("Client") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and EM Website Creation, a sole proprietorship.

If you do not agree to these terms, do not proceed with any service engagement.

2. Services Provided

EM Website Creation provides the following services to small businesses and individuals:

  • Custom website design
  • Website development and launch
  • Ongoing website maintenance (optional, month-to-month)

The specific scope of work for each project will be discussed and agreed upon prior to payment. Any features, pages, or functionality not explicitly agreed upon in the project scope are not included and may be quoted separately.

3. Payment Terms

3.1 One-Time Website Projects

Payment for website design and development is due in full upfront before any work begins. Work will not commence until payment has been received and confirmed.

3.2 Monthly Maintenance Plan

Clients who opt into the ongoing maintenance plan will be charged a flat rate of $55.00 per month. This fee is billed on a recurring monthly basis and covers all routine maintenance, updates, and technical upkeep of the website as determined by EM Website Creation.

3.3 Accepted Payment Methods

Accepted payment methods will be communicated to the Client at the time of booking. All payments must be made in U.S. dollars.

3.4 Late or Failed Payments

If a monthly maintenance payment fails or is not received by the due date, EM Website Creation reserves the right to suspend maintenance services until payment is brought current. Repeated non-payment may result in termination of the maintenance agreement per Section 6.

4. Refund Policy

4.1 Website Design & Development

All payments for website design and development are non-refundable once the Client has approved the final design and the website has been made live. This approval — whether given in writing, verbally, or implied by the Client's confirmation to proceed — constitutes acceptance of the completed work.

Prior to final design approval and launch, refund requests will be considered on a case-by-case basis at the sole discretion of EM Website Creation, taking into account the amount of work completed at the time of the request.

4.2 Monthly Maintenance Plan

The monthly maintenance fee of $55.00 is non-refundable for any billing period already paid. Clients may cancel the maintenance plan at any time per Section 6.

5. Ownership & Intellectual Property

5.1 Active Maintenance Plan Clients

While a Client is enrolled in the monthly maintenance plan, the Client holds full ownership of their website content, branding, and materials. EM Website Creation retains administrative access solely for the purpose of performing maintenance and technical support. EM Website Creation makes no claim of ownership over the Client's website or its content during this period.

5.2 Upon Cancellation of Maintenance Plan

If the Client chooses to cancel the monthly maintenance plan, full control and all associated website files, credentials, and assets will be transferred to the Client within 30 days of the cancellation request. Upon completion of this transfer, EM Website Creation will permanently relinquish all access to and responsibility for the website.

5.3 Post-Transfer Responsibility

Once the website has been transferred to the Client following cancellation, EM Website Creation bears no responsibility for the website's performance, security, uptime, or any issues that arise thereafter.

5.4 Portfolio Rights

EM Website Creation reserves the right to display completed websites in its portfolio and promotional materials unless the Client requests otherwise in writing prior to the website going live.

6. Cancellation of Maintenance Plan

The Client may cancel the monthly maintenance plan at any time by submitting a written cancellation request via email. Upon receipt of a valid cancellation request:

  • The current billing cycle will not be refunded.
  • Maintenance services will continue through the end of the paid billing period.
  • Website transfer will be completed within 30 days of the cancellation request date.
  • EM Website Creation will provide all necessary files, login credentials, and documentation required for the Client to independently manage their website.

EM Website Creation also reserves the right to terminate the maintenance plan with 30 days' written notice to the Client in the event of non-payment, misuse, or any circumstance that makes continued service unreasonable.

7. Client Responsibilities

To ensure timely and accurate delivery of services, the Client agrees to:

  • Provide all necessary content, images, logos, and materials in a timely manner.
  • Respond to design feedback requests and approvals within a reasonable timeframe.
  • Ensure that all materials provided do not infringe upon the intellectual property rights of any third party.
  • Provide accurate business information to be displayed on the website.

EM Website Creation is not responsible for project delays caused by the Client's failure to provide required materials or approvals.

8. Revisions & Scope

Reasonable revisions are included as part of the design and development process. A revision is defined as a modification within the originally agreed-upon project scope. Requests that fall outside the original scope — including additional pages, new features, or significant redesigns — may be quoted and billed separately.

9. Limitation of Liability

EM Website Creation is a sole proprietorship and provides services on a best-effort basis. To the fullest extent permitted by applicable law:

  • EM Website Creation is not liable for any indirect, incidental, special, or consequential damages arising from the use of, or inability to use, any website designed or maintained by EM Website Creation.
  • EM Website Creation's total liability to any Client for any claim arising out of or related to these Terms shall not exceed the total amount paid by the Client to EM Website Creation in the three months preceding the claim.
  • EM Website Creation does not guarantee specific results, traffic, revenue, or search engine rankings from any website built or maintained under these Terms.

10. Third-Party Platforms & Services

Some websites may be built on or integrated with third-party platforms (such as hosting providers, CMS platforms, or payment processors). EM Website Creation is not responsible for outages, policy changes, pricing changes, or service interruptions caused by third-party providers.

11. Dispute Resolution

In the event of a dispute arising from these Terms or any service engagement, both parties agree to first attempt to resolve the matter through good-faith communication. If a resolution cannot be reached informally, disputes shall be resolved through binding arbitration rather than in court, except where prohibited by law.

12. Governing Law

As EM Website Creation operates fully remotely without a fixed state of business, these Terms shall be interpreted in accordance with the laws of the United States of America. For any matters not resolved by federal law, the laws of the state in which the Client resides at the time of the engagement shall apply.

13. Changes to These Terms

EM Website Creation reserves the right to update or modify these Terms of Service at any time. Clients on active maintenance plans will be notified of any material changes via email at least 14 days before they take effect. Continued use of services after that date constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms of Service or to submit a cancellation request, please contact:

EM Website Creation

[email protected]