Terms & Conditions

Agreement to these terms

These Terms and Conditions ("Terms") govern your use of the SiteSculpt LLC website at sitesculptny.com and any services you purchase from us. SiteSculpt LLC ("SiteSculpt", "we", "us", "our") is a limited liability company organized in New York. Our registered address is 4924 State Route 96, Shortsville, NY 14548; we operate from 7275 NY-96, Victor, NY 14564.

By using this website, submitting an enquiry, or purchasing a plan or service, you agree to these Terms. If you are entering into this agreement on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree with these Terms, do not use the site or purchase our services.

What we provide

SiteSculpt provides website design and development, hosting, search engine optimization, Google Business Profile management, lead capture and follow-up tooling, digital advertising management, and related digital marketing services.

The specific services you receive depend on the plan you subscribe to and any add-ons or separately quoted work you agree to in writing. A description of each plan is published on our pricing page and is incorporated into these Terms by reference.

We may perform services ourselves or through subcontractors and third-party platforms. We remain responsible to you for services performed on our behalf.

Plans, add-ons and quoted work

Our standard offering is a monthly subscription plan. Add-ons may be purchased alongside a plan and are quoted individually, since their cost varies with the service and the scale of your operation.

Work that falls outside the published plans and add-ons — including but not limited to e-commerce builds, full brand identity work, photography and video production, and custom application development — is quoted as a separate project and governed by the written quote or statement of work, which will control in the event of any conflict with these Terms.

Changes to scope

Requests that materially expand agreed scope may require an adjusted quote or a plan change. We will tell you before performing work that would change what you pay.

Fees, billing and renewal

Subscription fees are billed monthly in advance and are stated in US dollars. Current prices are published on our pricing page. Prices exclude any applicable sales or use tax, which will be added where required by law.

There is no setup or onboarding fee. What you see on the pricing page is what you pay to start.

Automatic payment

Subscriptions are billed on automatic payment. By subscribing, you authorize us and our payment processor to charge your payment method automatically on each renewal date until you cancel. You are responsible for keeping a valid payment method on file and for updating it before it expires.

Late or failed payment

If a scheduled payment fails, we will notify you and you will have a seven (7) day grace period from the date of the failed payment to bring the account current.

Your services continue as normal during the grace period. If the account is still unpaid at the end of it, we will contact you again before taking any action, and we may then terminate your subscription and take your website, hosting and associated services offline.

We will not shut anything down without telling you first. If services are suspended or terminated for non-payment and you later settle the outstanding balance, we will work with you to restore them, though restoration may take time and a site that has been offline may temporarily lose search visibility.

Refunds

Subscription fees already billed are non-refundable. If you cancel, you are not charged again and your services remain active for the remainder of the billing period you have already paid for — see the section below.

Fees paid to third parties on your behalf, including advertising spend and domain registration fees, are not refundable by us once incurred.

Accepted payment methods

We accept major credit and debit cards, and bank transfer (ACH) where available. Payment is processed by a third-party processor; we do not store full card numbers.

Price changes

The price of your active subscription is fixed for the billing period you have paid for. We may change plan pricing, and if a change affects your active subscription we will give you at least thirty (30) days written notice before it takes effect. You may cancel at any point before the new price applies, and the current price will hold until the end of the period you have already paid for.

Term, cancellation and what happens after

Your subscription begins on the date we confirm it and continues on a rolling monthly basis until canceled by either party. There is no minimum term and no long-term contract.

Canceling

You may cancel at any time by contacting us in writing at contact@sitesculptny.com. We will confirm receipt.

Cancellation stops future billing. Your website and services stay live for the remainder of the billing period you have already paid for, and come offline at the end of it. You are not charged again, and fees for the period already paid are not refunded.

Termination by us

We may suspend or terminate services for non-payment as described above, or for material breach of these Terms or unlawful use, after giving you written notice and a reasonable opportunity to cure where the breach can be cured.

What happens to your website

Your domain name is registered in your name and remains yours. Your content, text, images and business data remain yours.

Websites built under a subscription are hosted and maintained by us as part of that subscription, and the underlying site files remain our property unless you purchase them outright under the section below. When a subscription ends, hosting ends and the site stops being served.

On request made within thirty (30) days of the end of your subscription, we will provide an export of your content and images in a commonly used format, and will cooperate reasonably in transferring your domain to another provider. We may withhold an export until any outstanding balance on the account is paid.

Your responsibilities

You agree to:

• Provide accurate, current and complete information about your business, including services, service areas, hours and contact details.
• Supply content, images, logos and access credentials we reasonably need, in a timely manner. Delays in providing these will extend timelines.
• Ensure you own or are licensed to use everything you give us, including photographs, logos, testimonials, trademarks and copy.
• Review work when we ask and provide consolidated feedback within a reasonable time.
• Keep account credentials secure and notify us promptly of any suspected unauthorised access.
• Comply with all laws applicable to your business, including licensing, advertising and consumer protection requirements in your industry.

You are responsible for the accuracy and legality of any claims, pricing, guarantees, certifications or license numbers you ask us to publish on your behalf.

Ownership and intellectual property

What you own

You own your domain name, your business content, your logo and brand assets, and the text, images and data you supply to us. Those remain yours at all times.

What we own

Under a subscription plan, SiteSculpt retains ownership of the website itself — the design files, code, templates, configuration and any automations we build and operate for you. Your subscription grants you a non-exclusive, non-transferable license to use that website for your business for as long as the subscription is active. It is a license, not a sale, and it does not transfer ownership.

We also retain ownership of our pre-existing materials, including our design systems, code libraries, frameworks, internal tooling, processes and know-how, and any general improvements to them.

If you want to own the website outright, you can buy it. See the next section.

Third-party materials

Fonts, stock imagery, plugins and other third-party components remain the property of their licensors and are subject to their own license terms, which may not be transferable.

Buying your website outright

You may purchase your website outright at any time, whether or not you keep a subscription running.

A buyout is a one-time lump sum. There is no fixed published price, because the value of a build varies with its scope, the work that has gone into it and how long it has been running. The amount is negotiated and agreed in writing by both parties before any transfer takes place.

What a buyout includes

• The website design files, source code and configuration as they exist on the transfer date.
• Assignment to you of our rights in those deliverables, effective on receipt of full payment.
• A reasonable handover so you or another provider can host and run the site.

What it does not include

• Our pre-existing materials, design systems, libraries and internal tooling, which remain ours. Where they are embedded in your site, you receive a non-exclusive, perpetual, royalty-free license to keep using them as part of it.
• Third-party components, fonts, plugins and stock imagery, which stay under their own licenses and may need to be re-licensed in your name.
• Ongoing hosting, maintenance, SEO or support, unless you keep a subscription running or agree otherwise in writing.

Until the agreed amount is paid in full, ownership does not transfer.

As a guide, a buyout is usually calculated as a multiple of your monthly plan fee, adjusted for the scope of the build and how long it has been running. We will give you a figure in writing when you ask, and nothing transfers until both parties agree to it and payment clears.

Third-party services and ad spend

Delivering our services involves third-party platforms, which may include hosting providers, Google, Meta, email and messaging providers, payment processors and analytics tools. Your use of those services may be subject to their own terms and privacy policies.

We are not responsible for outages, policy changes, account suspensions, algorithm changes or pricing changes imposed by third-party platforms. Where such an event affects your services, we will tell you and work with you on a reasonable alternative.

Advertising spend

Where we manage advertising, the advertising budget is paid to the advertising platform and is separate from our management fee. Unless agreed otherwise in writing, advertising accounts are established in your name and you own them. Advertising spend is not refundable by us.

Text messaging and automated follow-up

Some of our services send text messages on your behalf, including the AI receptionist and any review or follow-up messaging you enable.

You are the sender of those messages for legal purposes. You are responsible for complying with all laws governing them, including the Telephone Consumer Protection Act (TCPA), applicable state telemarketing laws, and carrier requirements including A2P 10DLC registration and campaign approval.

You agree that you will:

• Only send messages to recipients from whom you have obtained the consent required by law.
• Honor opt-out requests promptly, and not remove or disable opt-out handling we configure.
• Not use our services to send unlawful, deceptive or unsolicited commercial messages.

We configure these tools and will assist with registration where we can, but we do not provide legal advice about your messaging practices, and we are not responsible for your compliance obligations.

Acceptable use

You agree not to use our services or your website to publish, host, transmit or promote:

• Unlawful, defamatory, harassing, fraudulent or deceptive content.
• Content that infringes another party's intellectual property or privacy rights.
• Malware, phishing pages, or anything designed to interfere with systems or networks.
• Content or activity prohibited by our hosting or platform providers.

We may remove content or suspend services that we reasonably believe violate this section or expose us or our providers to legal risk, and will notify you when we do.

No guarantee of results

We do not guarantee any particular ranking, position, traffic volume, number of leads, conversion rate, revenue or return on investment.

Search engines, advertising platforms and social networks control their own algorithms and policies and change them without notice. Results vary with market, competition, budget, seasonality and factors outside our control, including how quickly you respond to the leads we generate.

Any timelines, forecasts or examples we provide are estimates and illustrations, not commitments or guarantees.

Disclaimer of warranties

We provide our services with reasonable skill and care. Except as expressly stated in these Terms, our services and this website 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 any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the services will be uninterrupted, timely, secure or error-free.

Limitation of liability

To the fullest extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, whether or not the possibility of such damages was known.
• Our total aggregate liability arising out of or relating to these Terms or our services, whether in contract, tort or otherwise, will not exceed the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

These limits do not apply to liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless SiteSculpt LLC, its members, employees and contractors from any third-party claim, demand, loss, liability, damages, cost or expense (including reasonable legal fees) arising out of or relating to:

• Content, images, trademarks, claims or data you provide or ask us to publish.
• Your use of the services in breach of these Terms or applicable law.
• Your messaging, advertising or marketing practices, including any claim under the TCPA or comparable state law.
• Products or services you sell to your own customers.

Confidentiality

Each party may receive non-public information from the other. Each party agrees to use the other's confidential information only to perform under this agreement, and to protect it with at least the same care it uses for its own confidential information.

This does not apply to information that is public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or must be disclosed by law — in which case the receiving party will give notice where legally permitted.

Showing your project in our portfolio

Unless you tell us otherwise in writing, we may identify you as a client and display your website, logo and non-confidential visual work in our portfolio, on this site, in case studies and in marketing materials.

You may withdraw that permission at any time by emailing contact@sitesculptny.com, and we will remove the material from our own properties within a reasonable period. We are not obliged to recall materials already distributed or printed.

Changes to services and to these terms

We may modify our services, plans and pricing. For changes that materially reduce the services in your active plan or increase your recurring price, we will give you reasonable advance notice, and you may cancel before the change takes effect.

We may update these Terms from time to time. The "last updated" date at the top of this page shows when. Material changes will be notified to active clients by email or through the services. Continuing to use the services after a change takes effect means you accept the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules.

The parties agree that the state and federal courts located in Ontario County, New York, or in Monroe County, New York, have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue there.

Before starting formal proceedings, each party agrees to attempt in good faith to resolve the dispute by contacting the other and allowing thirty (30) days to reach a resolution.

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules.

The parties agree that the state and federal courts located in Ontario County, New York, or in Monroe County, New York, have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue there.

Talk first

Before starting formal proceedings, each party agrees to attempt in good faith to resolve the dispute by contacting the other and allowing thirty (30) days to reach a resolution. Most problems are a conversation, not a lawsuit.

Small claims

Either party may bring a qualifying claim in small claims court instead, without first completing the process above.

Jury trial waiver

To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any action arising out of or relating to these Terms or the services.

No class actions

Each party agrees to bring claims only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.

Costs of collection

In any action brought to collect amounts owed under this agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

General provisions

Entire agreement. These Terms, together with any written quote or statement of work and the plan descriptions on our pricing page, are the entire agreement between us on this subject and supersede prior discussions.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions stay in force.

No waiver. Failing to enforce a provision is not a waiver of the right to enforce it later.

Assignment. You may not assign this agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of substantially all our assets.

Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

Survival. Sections concerning ownership, confidentiality, disclaimers, limitation of liability, indemnification and governing law survive termination.

How to reach us

Questions about these Terms:

• SiteSculpt LLC
• 7275 NY-96, Victor, NY 14564
• Registered address: 4924 State Route 96, Shortsville, NY 14548
• contact@sitesculptny.com
• (585) 420-8542