1. Your Agreement With Us
These Terms & Conditions (“Terms”) form a binding agreement between Blue Whale Websites (“Provider,” “we,” “our,” or “us”) and the individual or entity purchasing website design and hosting services (“Client,” “you,” or “your”). By clicking “I Agree,” signing this document, or completing checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not proceed.
Client represents and warrants that Client has full authority to enter into this Agreement on behalf of the business or organization.
2. Services & Deliverables
2.1 Dolphin Package
Basic website design with five (5) pages: Home, About, Gallery, Contact, and Careers
Desktop and mobile responsive design
Basic CRM integration support (HousecallPro, Jobber, Homeworks, Yardbook, etc.)
Unlimited monthly website changes to text, images, promotions, calls to action, and keywords
Complete on-site SEO optimization
Backlink strategy guidance
Monthly website ranking updates
Use of Client’s existing domain
Estimated delivery: as little as two (2) weeks from receipt of all onboarding materials
2.2 Orca Package
Includes everything in the Dolphin Package, plus:
Service pages
Five (5) standard service area pages
Reviews, Blog, and FAQ pages
Google Business Profile optimization and citation building
Six (6) custom blog posts per year to target additional keywords
Google and Facebook Ads landing page
AI optimization (improved visibility in AI platforms such as ChatGPT, Gemini, and others)
Estimated delivery: two to four (2–4) weeks from receipt of all onboarding materials
2.3 Blue Whale Package
Includes everything in the Orca Package, plus:
Monthly Google Business Profile posting and management ($399/month value)
Monthly Google Business keyword tracking and local ranking reports
Active backlink acquisition
Custom website design (not template-based)
Five (5) Ultra SEO service area pages and three (3) standard pages
Additional six (6) blog posts per year (twelve total, one per month)
One (1) hour, one-on-one coaching call with our founder
$500 off logo and branding services
Estimated delivery: three to five (3–5) weeks from receipt of all onboarding materials
2.4 Blue Whale Multi-Location Add-On
Blue Whale Clients operating multiple business locations may add additional locations to their service plan at a rate of one hundred dollars ($100) per month per additional location. Each added location includes its own set of service area pages, Google Business Profile management, and local keyword tracking. Multi-location add-ons are subject to the same billing terms, commitment period, and auto-renewal provisions as the base Blue Whale subscription.
3. Fees & Payment
3.1 Setup Fee
The setup fee for the selected package is a one-time, non-refundable charge payable in two installments: fifty percent (50%) due at checkout and fifty percent (50%) due upon final design approval before the website goes live.
3.2 Monthly Service Fee
Client’s annual contract is paid in twelve (12) equal monthly installments. The monthly service fee is billed in advance on the same calendar day each month via the payment method on file. Billing begins on the Go-Live Date (the date the website is launched and publicly accessible). All twelve (12) monthly payments within each annual term are due regardless of whether Client continues to use the Services.
3.3 Payment Method
Client must keep a valid payment method on file and authorizes Provider to charge all fees automatically. Client is responsible for maintaining accurate billing information at all times.
3.4 Late and Failed Payments
If a monthly payment fails, Provider will notify Client and request an updated payment method. The following escalation applies:
Fifteen (15) days past due: Website is scheduled for deactivation and Client is notified.
Thirty (30) days past due: Website is taken offline until the account is brought current.
A reinstatement fee of one hundred fifty dollars ($150.00) plus all overdue balances must be paid before the website is restored.
Provider reserves the right to send overdue accounts to collections after sixty (60) days of non-payment. Client remains responsible for the full balance of all monthly payments within the current annual term regardless of whether the website is active or suspended.
4. Term, Auto-Renewal & Cancellation
4.1 Annual Contract Term
The initial term is a twelve (12) month annual contract beginning on the Go-Live Date (“Initial Term”), paid in twelve (12) equal monthly installments. Client is obligated to pay all twelve (12) monthly installments within the Initial Term. There is no option for early termination, early cancellation, or prorated refunds during any active annual term.
4.2 Auto-Renewal
Unless Client cancels at least thirty (30) days before the annual renewal date, the service plan automatically renews for successive twelve (12) month terms at the then-current monthly rate, again payable in twelve (12) monthly installments. Provider will send a renewal reminder at least thirty (30) days before each renewal date.
4.3 How to Cancel
Client may cancel by emailing contact@bluewhalewebsites.com with the subject line “Cancel Website Program.” Provider will confirm cancellation by email. Cancellation must be received at least thirty (30) days before the annual renewal date to prevent auto-renewal. Cancellation halts future renewals but does not refund any fees already paid or installments remaining in the current annual term.
4.4 Effect of Cancellation or Non-Renewal
Upon cancellation or non-renewal, the following applies:
The website will be taken offline and hosting will be discontinued.
All website design, code, layout, and creative elements remain the exclusive property of Provider (see Section 8).
Client retains full ownership of their domain name and any Client-provided content (text, images, videos, and data).
Provider will redirect the domain DNS back to Client or release any DNS records within ten (10) business days of cancellation taking effect, upon Client’s written request.
Client is responsible for arranging their own web presence going forward.
Provider has no obligation to provide website files, design exports, or code transfers to Client at any time. The website design is and remains the property of Provider.
5. Website Project
5.1 Estimated Development Timeline
Timelines are good-faith estimates only, not guaranteed deadlines. Estimated timelines by package: Dolphin (approximately 2 weeks), Orca (approximately 2–4 weeks), and Blue Whale (approximately 3–5 weeks). All timelines begin from the date Provider receives the completed onboarding form and all required content and materials.
5.2 Client Requirements
Client must complete the onboarding form and provide all required content, images, videos, credentials, brand assets, and information necessary for Provider to begin development. All content must be submitted in the formats requested. Provider will not begin work until all required onboarding materials have been received.
5.3 Client Delays
Client agrees to provide all required information, content, approvals, and feedback within three (3) business days of Provider’s request unless otherwise agreed in writing. Delays caused by late materials, late approvals, scope changes, or lack of communication extend the timeline. Provider is not responsible for delays caused by Client inaction, and such delays do not constitute grounds for cancellation, refund, or dispute.
5.4 Launching the Website
Provider endeavors to launch Client’s website as soon as it is substantially complete. “Substantial completion” means the website is functional, publicly viewable, and includes all core structural elements, even if certain content, images, or secondary pages are pending. If at least the home page content has been completed, Provider may launch the website. Any remaining edits, pages, or content will be completed after launch as part of ongoing maintenance. Client delays do not obligate Provider to delay launch.
5.5 Revisions
Template-based packages (Dolphin and Orca) include changes to text, colors, fonts, images, and videos but do not include layout or structural design revisions. Blue Whale (custom design) includes up to two (2) rounds of revisions to the initial homepage concept. After homepage approval, the remainder of the website will be built to match the approved design. Additional revision requests will be quoted separately.
5.6 Scope of Work
The services included in Client’s selected package constitute the full scope of work. Any additional services not expressly included in the purchased package, including but not limited to additional pages, features, integrations, custom design work, advanced functionality, or content writing, require a separate quote and payment.
6. Ongoing Services & Monthly Maintenance
During the subscription term, Client’s monthly service fee includes the following (as applicable to the selected package):
Premium website hosting and SSL certificate
Third-party backups and uptime monitoring
Plugin, theme, and platform updates
Unlimited content edits (text, images, promotions, calls to action, keywords)
SEO maintenance, keyword updates, and ranking reports
Blog post creation (Orca: 6/year; Blue Whale: 12/year)
Google Business Profile management (Blue Whale only)
Technical support with response within two (2) business days
6.1 How to Submit Requests
Support and update requests must be submitted through the Client Portal or Provider’s designated support channel. Requests sent via text message or directly to individual team members will not be processed. All requests are handled in the order received and require a minimum of two (2) business days to complete.
6.2 What Updates Do Not Include
Monthly updates do not include major changes to the website’s design or structural layout, third-party vendor troubleshooting, or repairs caused by Client or third-party modifications. Such work may be performed at Provider’s discretion for an additional fee.
7. Hosting, Access & Site Control
7.1 Hosting Requirement
The website must remain hosted on Provider’s servers at all times during the subscription term. The website cannot be transferred to another hosting provider while the subscription is active.
7.2 Site Access
Provider retains full backend access to the website at all times to ensure security and maintenance. Provider may provide Client with limited frontend or content-editing access at Provider’s discretion. Client acknowledges that any edits made by Client or any third party are at Client’s own risk. Provider is not responsible for errors, issues, or website malfunction caused by Client or any third-party vendor, and repair work for such issues is not included.
7.3 Security
Client agrees to maintain secure passwords and limit any access granted only to trusted parties. Provider is not liable for breaches caused by insecure or shared Client credentials.
7.4 Domain Ownership
Client owns and maintains full ownership of their domain name at all times. Client is responsible for purchasing, renewing, and maintaining their domain through their domain registrar. Provider will configure the domain DNS to point to the hosted website. Upon cancellation or non-renewal, Provider will release any DNS records and redirect domain control back to Client within ten (10) business days of written request.
8. Intellectual Property & Ownership
8.1 Provider Owns All Design and Code
Provider owns all rights, title, and interest in and to all website design elements, code, layouts, templates, frameworks, structures, graphics created by Provider, and all creative and technical work product produced in connection with the Services (“Provider IP”). This ownership is absolute and does not transfer to Client under any circumstances, including upon completion of any contract term, cancellation, or non-renewal.
8.2 License to Client
During the active subscription term and while Client’s account is in good standing, Provider grants Client a limited, non-exclusive, non-transferable, revocable license to use the website and Provider IP solely for Client’s business operations. This license terminates immediately upon cancellation, non-renewal, or termination of the subscription for any reason.
8.3 No Transfer of Website Files
Client acknowledges and agrees that Provider will not, at any time, provide Client with website files, source code, design exports, or any portion of Provider IP. The website design and code are not included in the purchase and are not deliverable to Client. Client does not acquire any ownership interest in the website design by virtue of paying setup fees or monthly service fees.
8.4 Client’s Domain
Client’s domain name is owned exclusively by Client and is not part of Provider IP. Provider has no ownership claim to Client’s domain under any circumstances.
8.5 Client-Provided Content
All text, images, videos, graphics, and other materials provided by Client (“Client Content”) remain Client’s sole property at all times. Upon cancellation or non-renewal, Client retains full ownership of all Client Content and may request a copy of Client-provided text and media. Provider does not verify the copyright status of Client Content and relies on Client’s representations that all content is owned by Client or properly licensed.
Client agrees to indemnify, defend, and hold harmless Provider from any claims or liabilities arising from Client Content, including claims of unauthorized use or copyright infringement.
8.6 Template Non-Exclusivity
Template-based website designs (Dolphin and Orca packages) are non-exclusive. Provider may license, reuse, or adapt the same or similar template designs for other clients, including competitors in the same geographic area or industry. No exclusivity, territory protection, or uniqueness is promised for template designs.
8.7 Portfolio Rights & Design Credit
Client grants Provider a perpetual, worldwide, royalty-free license to display, reproduce, and reference the design and non-confidential portions of the completed project for portfolio, marketing, and promotional purposes. Provider may display a small, unobtrusive design credit in the website footer. If Client operates in a confidentiality-sensitive industry, Client must notify Provider in writing.
9. Client Responsibilities & Acknowledgments
9.1 Marketing Disclaimer
Provider does not guarantee any level of online traffic, lead generation, sales, rankings, or business performance as a result of the website or related services. Client understands that a website alone does not generate leads without separate and ongoing marketing efforts. Client is solely responsible for all marketing activities intended to drive traffic to the website.
9.2 Privacy Policies & Legal Compliance
Client is solely responsible for preparing, maintaining, and updating all privacy policies, terms and conditions, disclaimers, and legally required notices applicable to Client’s business. Provider does not provide legal advice and does not draft legal policies. Provider may place Client-provided policies on the website as a courtesy. Client assumes all liability for any legal claims arising from missing, inaccurate, or non-compliant policies.
9.3 Single Point of Contact
Client must designate one (1) contact person for all project-related communication to ensure clarity and prevent conflicting direction.
9.4 Communication
Email is the primary and official method of communication for project updates and support. Phone calls are available by scheduled appointment for matters requiring live discussion.
10. Disclaimer of Warranties & Limitation of Liability
Provider will perform the Services in a professional manner in accordance with generally accepted industry standards. However, no website can be guaranteed to be error-free or uninterrupted. Except as expressly stated in this Agreement, Provider makes no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by Michigan law: Provider will not be liable for any indirect, incidental, consequential, special, or exemplary damages, including lost profits, lost revenue, lost business, loss of data, or business interruption. Provider’s total cumulative liability under this Agreement shall not exceed the total amount of fees actually paid by Client under this Agreement during the preceding twelve (12) months.
Nothing in this Agreement shall limit liability for gross negligence, willful misconduct, or any liability which cannot legally be limited under Michigan law.
11. Governing Law & Dispute Resolution
11.1 Governing Law
This Agreement is governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
11.2 Dispute Resolution
The parties agree to first attempt to resolve any dispute through good-faith negotiation. If negotiation fails, either party may bring a claim in the state or federal courts located in Oakland County, Michigan, which shall have exclusive jurisdiction.
11.3 Attorney’s Fees
In any legal action or proceeding arising out of this Agreement, the prevailing party is entitled to recover its reasonable attorney’s fees and costs, to the extent permitted by law.
12. Indemnification
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, and employees from any and all third-party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
13. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Changes to These Terms
Provider may update these Terms periodically. Material changes will be communicated via email or posted in the Client Portal. Continued use of the Services after notice of changes constitutes acceptance of the updated Terms.
15. Electronic Signature Consent
By signing this Agreement (including electronic acceptance), Client acknowledges, understands, and agrees to:
The twelve (12) month annual contract term, paid in twelve (12) monthly installments.
Automatic renewal for successive twelve (12) month terms unless cancelled thirty (30) days before renewal.
Provider’s permanent ownership of all website design, code, and creative elements.
Client’s ownership of their domain name and Client-provided content.
No early termination, early cancellation, or prorated refunds during any active annual term.
All obligations, responsibilities, and deliverables outlined in this Agreement.
The governing law, dispute resolution terms, and all legal provisions herein.
Use of electronic signatures and electronic delivery of all notices, renewals, and communications.
Client agrees that electronic signatures and electronic acceptance shall have the same legal force and effect as a handwritten signature under the Michigan Uniform Electronic Transactions Act (UETA) and the federal ESIGN Act.
