TERMS AND CONDITIONS
Blue Whale Websites
A division of Alvarez Brothers Inc.
Effective Date: February 23, 2026
These Terms and Conditions (“Agreement”) constitute a legally binding contract between you (“Client,” “you,” or “your”) and Blue Whale Websites, a division of Alvarez Brothers Inc. (“Company,” “we,” “our,” or “us”). By engaging our services, signing a service agreement, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
Blue Whale Websites provides SEO-optimized website design, development, and related digital marketing services for home service businesses.
Our services may include, but are not limited to:
The specific scope of services for each Client will be outlined in a separate Service Agreement or proposal. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall control.
Initial Term: All service agreements are for an annual term of twelve (12) months beginning on the date of the first payment or the date specified in the Service Agreement, whichever comes first.
Auto-Renewal: Unless written notice of non-renewal is provided by either party at least thirty (30) days prior to the end of the current term, the agreement will automatically renew for successive twelve (12) month terms at the then-current pricing.
No Early Termination: There is no option for early termination during any active contract term. Client is responsible for all payments due through the end of the current term regardless of whether Client continues to use the services. This provision exists to ensure we can allocate resources, plan projects, and deliver consistent results throughout the engagement.
Fees: Service fees are outlined in the Client’s Service Agreement or invoice. All fees are quoted in U.S. dollars.
Payment Schedule: Payments are due on the schedule specified in the Service Agreement (e.g., monthly, quarterly, or annually). If no schedule is specified, payments are due monthly on the first of each month.
Late Payments: Payments not received within ten (10) days of the due date will incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less) on the outstanding balance. We reserve the right to suspend services until the account is brought current.
Returned Payments: A fee of $35.00 will be charged for any returned check or failed electronic payment.
Price Adjustments: We reserve the right to adjust pricing upon renewal. Clients will be notified of any price changes at least thirty (30) days prior to the start of a new term.
To ensure successful delivery of services, the Client agrees to:
Failure to provide necessary materials or timely feedback may result in project delays. We are not responsible for delays caused by the Client’s inability to fulfill these responsibilities.
Estimated timelines for website design and development projects will be provided in the Service Agreement or project proposal. These timelines are estimates and are contingent upon timely receipt of Client materials and feedback.
We will make commercially reasonable efforts to meet all stated deadlines. However, we shall not be held liable for delays caused by circumstances outside of our control, including but not limited to third-party service outages, Client delays, or force majeure events.
Client Content: You retain ownership of all original content, images, logos, and branding materials you provide to us.
Website Design & Code: Upon full payment of all fees owed, the Client shall own the completed website design and content. Custom code, templates, frameworks, and proprietary tools developed by Blue Whale Websites remain our intellectual property and are licensed to the Client for use on their website only.
Third-Party Assets: Any third-party themes, plugins, stock images, fonts, or software integrated into the website are subject to their respective license terms.
Portfolio Rights: We reserve the right to display completed work in our portfolio, on our website, and in marketing materials unless otherwise agreed in writing.
If hosting and/or maintenance services are included in your Service Agreement:
Search engine optimization is an ongoing process, and results depend on many factors including competition, search engine algorithm changes, industry trends, and website content quality. While we employ industry best practices and proven strategies:
By engaging our services, you consent to receive communications from Blue Whale Websites via email, text message (SMS/MMS), and phone. Communications may include:
Opt-Out: You may opt out of text messages by replying STOP at any time. You may opt out of marketing emails by clicking the “Unsubscribe” link. Opting out of service-related communications may impact our ability to deliver timely updates on your project.
For full details on how we handle your data, please refer to our Privacy Policy.
Message & Data Rates
Standard message and data rates may apply to any text messages (SMS/MMS) sent or received in connection with our services. Message frequency will vary depending on your engagement, project activity, and account status. Blue Whale Websites is not responsible for any charges imposed by your wireless carrier.
Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. Delivery of SMS/MMS messages is subject to effective transmission by your wireless service provider and is not guaranteed by Blue Whale Websites.
Age Restriction (18+)
Our services, including SMS communications, are intended for individuals who are at least eighteen (18) years of age. By engaging our services or opting into communications, you represent and warrant that you are at least 18 years old and have the authority to enter into a legally binding agreement.
To the maximum extent permitted by applicable law:
The Client agrees to indemnify, defend, and hold harmless Blue Whale Websites, Alvarez Brothers Inc., and their officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising from or related to:
Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of the engagement. This includes, but is not limited to, business strategies, customer data, financial information, login credentials, and trade secrets. This obligation survives the termination of the agreement.
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Except for this express warranty:
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that websites will be error-free, uninterrupted, or free of viruses or other harmful components after delivery.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.
Informal Resolution: Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute informally by providing written notice to the other party and allowing thirty (30) days to reach a resolution.
Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation in Oakland County, Michigan, with costs shared equally.
Jurisdiction: Any legal action or proceeding not resolved through mediation shall be brought exclusively in the state or federal courts located in Oakland County, Michigan, and both parties consent to the jurisdiction of such courts.
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond the party’s reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet outages, cyberattacks, or utility failures.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.
These Terms and Conditions, together with the applicable Service Agreement, Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
We reserve the right to update or modify these Terms and Conditions at any time. Changes will be effective upon posting the updated Terms on our website or upon direct notice to the Client. Continued use of our services after any modification constitutes acceptance of the updated Terms.
If you have any questions about these Terms and Conditions, please contact us at:
Blue Whale Websites
A division of Alvarez Brothers Inc.
contact@bluewhalewebsites.com