Client Agreement

CreateTheSite Inc. Client Agreement

Company: CreateTheSite Inc. (Arizona S-Corporation, Maricopa County)
Website: CreateTheSite.com

This CreateTheSite Client Agreement (“Agreement”) governs the purchase and use of any CreateTheSite product or service under your client account, including but not limited to Website Design & Hosting, Article Content Writing, and Advertising & Marketing services (collectively, the “Services”). This Agreement supplements and incorporates CreateTheSite’s
Terms & Conditions and
Privacy Policy.

By purchasing or using any Service, you (“Client,” “you”) agree to be bound by this Agreement in addition to the site-wide Terms & Conditions. In the event of conflict, the site-wide Terms & Conditions control.

1. Service Plans (Website Design & Hosting)

Standard Plan — $149.98 / month

Custom WordPress website with secure hosting & SSL
Basic SEO setup, analytics integration, daily backups, and uptime monitoring
Up to three (3) monthly update requests (text, image, or minor content edits)
Business-hour support (Mon–Fri, 9:00 AM–5:00 PM Arizona time)

VIP Plan — $299.98 / month

Everything in Standard
Unlimited update requests (reasonable use; excludes redesigns/major development)
One (1) SEO-optimized blog article per month targeting niche/local keywords
Priority support with expedited turnaround

Redesign Policy. Full redesigns or major layout overhauls requested within the first two (2) years of your site’s initial launch incur a $350 redesign fee. After two years of continuous service, one redesign is included at no additional charge. Subsequent redesigns follow the same two-year eligibility cycle.

2. Billing & Subscription Terms

Plans bill monthly in advance on the signup-day anniversary and renew automatically until canceled.
Fees are non-refundable. You authorize recurring charges to your selected payment method (credit card or ACH e-check).
Accounts 15 days past due may be suspended; 60 days past due may be terminated and deleted (see Section 7 and Terms §5).
Cancellation takes effect at the end of the paid term.

Expert Services & Out-of-Scope Requests

Complex or out-of-scope work (e.g., custom integrations, advanced performance tuning, non-standard plugin development, manual data cleanup) may be provided as Expert Services at a quoted rate. Fees may be charged in advance and are non-refundable after delivery. A 14-day post-delivery window applies for workmanship issues related to the specific task performed.

3. Ownership & Transfer of Website

While hosted on our servers, the website design, theme, layouts, code, and content created by CreateTheSite (collectively, “CreateTheSite Content”) remain the property of CreateTheSite, Inc. You are granted a limited, non-exclusive license to use the CreateTheSite Content for the duration of your active subscription.

To acquire full ownership and transfer the site to another platform, clients may request a one-time buy-out of rights. Pricing and terms vary depending on the scope of the project and any outstanding balances. Please contact CreateTheSite for a transfer quote or additional details.

You retain ownership of assets you upload (such as your logos, photos, and copy) and grant us a license to host, display, and manage them while you use the Service.

This clause supersedes any prior ownership timing provisions.

4. Client Responsibilities

Provide timely feedback, approvals, and accurate business information required to build and maintain your website.
Maintain current payment information and ensure submitted content is lawful and rights-cleared.
Excess update requests on the Standard Plan may incur additional charges at our discretion.

Redesign Requests

CreateTheSite provides ongoing maintenance and updates as part of your subscription. Complete redesigns—including major layout changes, new templates, or rebuilding core structure—require significant development and testing:

Before the two-year anniversary: $350 redesign fee.
After two (2) years of continuous service: one redesign included at no charge.
Subsequent redesigns follow the same two-year cycle.

5. Service Limitations, Security & Uptime

5A. Resource Use & Fair Use

To maintain platform stability, CreateTheSite may rate-limit, isolate, or temporarily disable websites that materially degrade server performance (e.g., excessive CPU, memory, I/O, or concurrent processes) or that are misconfigured. Hosting is not intended for file storage, archival repositories, file dumps/mirrors, bulk media distribution, or anonymous gateways. Infrastructure and IP addresses may change; persistent IPs are not guaranteed.

5B. Backups & Retention

We perform automated daily backups for disaster recovery. Typical retention is 7 daily, 4 weekly, and 3 monthly restore points (subject to change). Backups are best-effort and are not a substitute for your own offline copies. Our servers are not an archive; we are not liable for loss or corruption of content. Upon cancellation or termination, backups may be deleted per Section 7.

5C. Security & Compliance Boundaries

CreateTheSite provides platform-level security (e.g., SSL, server patching, monitoring). You are responsible for application-level security, including user management, strong authentication, least-privilege roles, and plugin/theme choices. The environment is not PCI-DSS or HIPAA compliant and must not be used to store, process, or transmit cardholder data or Protected Health Information.

5D. Malware Scanning & Remediation

To protect customers and the platform, CreateTheSite may scan hosted accounts for malware or malicious code. If detected, we may (in our reasonable discretion) quarantine files, disable access, or temporarily remove content while remediation occurs. You authorize us to take these steps and agree to cooperate in remediation.

5E. CDN & Performance Telemetry (Optional)

If enabled, CreateTheSite may deliver static assets via a Content Delivery Network (CDN), caching content across global points of presence. We may also use lightweight, privacy-respecting performance telemetry (e.g., Real User Metrics and Core Web Vitals beacons) to identify bottlenecks; no end-user personal data is collected by these beacons.

5F. Uptime Guarantee & Exclusions

We guarantee 99.9% uptime, with a service credit equal to 5% of your monthly fee if unmet. The credit applies to future invoices upon request and is not a cash refund. Exclusions include: scheduled maintenance, client-introduced code or plugin/theme faults, third-party network outages, force majeure, incidents not affecting public web availability (e.g., SFTP/email), and events outside CreateTheSite’s reasonable control. To request a credit, open a support ticket within 30 days of the qualifying month.

5G. Managed SSL Certificates

For managed SSL, CreateTheSite securely generates and stores private keys for certificates we provision. For security reasons, private keys are not released. If you transfer your site, you must obtain a new certificate or re-key with your new provider after the transfer.

Prohibited Uses: CreateTheSite does not host adult content, high-risk/illicit content, streaming platforms, bulk file storage/dumps, or similar high-abuse workloads.

6. Content, Intellectual Property & Licensing

You retain ownership of original content (e.g., logos, photos, text) you provide and grant CreateTheSite a license to host and display it while you use the Services.
CreateTheSite retains ownership of its design layouts, themes, templates, proprietary tools, and related materials.
With permission, CreateTheSite may feature your site in its portfolio or marketing materials.

6A. Third-Party Software & Licenses

At your request, we may install or connect third-party software, plugins, or services. You represent and warrant that you hold valid rights and licenses for such software and that your use does not infringe third-party IP. Some third-party tools are subject to their own terms/EULAs; your use indicates acceptance. You are responsible for any paid subscriptions required by such tools.

6B. Stock, Marketplace, and Licensed Media

Any stock photos, fonts, icons, templates, or other licensed assets we supply are licensed for use while hosted by CreateTheSite and subject to the licensors’ terms. If you transfer your site (see Section 3), you must ensure you have or obtain appropriate licenses to continue using such assets. Client is solely responsible for post-transfer licensing. CreateTheSite does not warrant post-transfer usage rights.

7. Cancellation, Termination & Migration

You may cancel anytime through your client dashboard or by written request. Hosting and updates cease at the end of the paid term.
If the transfer fee is unpaid and no continuing subscription remains, CreateTheSite may archive or delete your site 30 days after cancellation.
Non-payment or policy violations may result in immediate suspension or termination (see Terms §8).

7A. Migration, IP & DNS on Termination

Upon expiration or termination, you must discontinue use of our hosting and update DNS to point away from our servers. Prior to termination, you are responsible for requesting a site transfer (see Section 3). If you do not complete a transfer prior to cancellation, your content may be deleted after the retention window in Section 5B. IP addresses and server names assigned during the Service are not portable.

7B. Hosting Migrations (Inbound Courtesy)

As a courtesy, we may assist with migrating a WordPress site from a third-party host. Migrations are not guaranteed and may be unavailable for large or proprietary environments. You are responsible for verifying the migrated site’s functionality prior to go-live and freezing content changes during migration. Keep your own full backup before any migration. CreateTheSite is not liable for delays or data discrepancies related to migrations.

8. Data & Privacy

All personal and business information collected during onboarding is governed by our
Privacy Policy.
We employ SSL encryption, daily monitoring, and secure infrastructure to protect data.
You are responsible for the accuracy and legality of your submitted content.

9. Dispute Resolution & Governing Law

All disputes, claims, or controversies arising under this Agreement are subject to
Section 12 (Arbitration & Governing Law) of CreateTheSite’s Terms & Conditions.
This Agreement is governed by the laws of the State of Arizona (U.S.A.), with venue in Maricopa County.

10. Amendments

CreateTheSite may update this Agreement from time to time. Material changes will be posted on this page and take effect upon publication.
Continued use of the Services constitutes acceptance of the revised terms.

11. Definitions

Update: A minor change to existing pages/content (e.g., text edits, image swaps, adding a simple section or button) that does not require new template selection, major layout rework, or custom development.
Redesign: A major layout overhaul, new template/theme adoption, significant structure changes, or rebuild of core page components. See Redesign Policy (Sections 1 & 4).
Unlimited (VIP): Reasonable volume of Updates typical of a small-business site; excludes Redesigns, complex custom development, data migrations, or third-party software projects.
Launch Date: The first day your site is publicly accessible on its production domain (or the date CreateTheSite declares production if client delays DNS cutover for more than 7 days).

12. Support, SLA & Maintenance Windows

Channels: Support is available via ticket/email during business hours (Mon–Fri, 9:00 AM–5:00 PM Arizona time). Emergency incidents can be reported via the published emergency contact in your client dashboard.
Targets (non-binding): First response within 1 business day; critical uptime incidents best-effort immediate triage; normal updates typically completed within 1–3 business days depending on scope/queue.
Scheduled Maintenance: We may perform routine maintenance during off-peak windows. Reasonable advance notice will be provided for impactful maintenance.
Client Availability: Turnaround timelines assume timely client feedback/approvals and access to required systems/assets.

13. Pricing, Taxes, Credits & Changes

Taxes: Fees exclude applicable sales/VAT/GST or similar taxes, which you agree to pay where required.
Price Changes: We may update pricing with at least 30 days’ notice for month-to-month plans. Continued service after the effective date constitutes acceptance.
Credits: Service credits (e.g., uptime) apply to future invoices only, are non-transferable, and are not cash refunds. Credits must be requested within 30 days of the qualifying month.
Chargebacks: Filing a chargeback may result in immediate suspension. If a chargeback is reversed or amounts are repaid, restoration may incur a reactivation fee.

14. Backups, Restores & Continuity Targets

Retention: As stated in Section 5B.
Restore Requests: CreateTheSite may charge a reasonable fee per restore unless the incident was caused by our platform.
Targets (non-binding): Recovery Point Objective (RPO) up to 24 hours; Recovery Time Objective (RTO) typically within 12–24 hours depending on scope/severity.

15. SEO & Accessibility (WCAG) Disclaimers

SEO: We implement technical best practices and, for VIP, monthly content as stated. Search rankings and traffic are influenced by third-party algorithms and competition; no specific positions or traffic are guaranteed.
Accessibility: We follow common accessibility practices and can assist toward WCAG conformance; however, formal legal compliance certification is not guaranteed unless separately contracted.

16. E-commerce, Gateways & Sensitive Data

We support standard e-commerce plugins/gateways as configured by you. You are responsible for merchant accounts, gateway credentials, and compliance with applicable laws and card brand rules.
As noted in Section 5C, our environment is not PCI-DSS or HIPAA and must not store or process cardholder data or Protected Health Information.

17. Third-Party Accounts, Access & DNS

You must maintain active access and good standing for third-party services used by your site (e.g., domain registrar/DNS, email, analytics, advertising, fonts, map APIs).
You authorize CreateTheSite (and its subcontractors) to access such services solely to deliver the Services. You may revoke access at any time, acknowledging that doing so may impact delivery.
You are responsible for DNS registrar access and any DNS changes required for launch or troubleshooting.

18. Security Incidents & Notifications

If we become aware of a platform security incident reasonably likely to affect your site or data, we will notify you without undue delay and share information we can reasonably disclose. You are responsible for any legally required notices to your end users unless otherwise required by law.

19. Confidentiality & Subcontractors

Confidentiality: Each party agrees to protect the other’s non-public information disclosed in connection with the Services and to use it only for performing this Agreement.
Subcontractors: CreateTheSite may use vetted subcontractors and service providers (subprocessors) to deliver the Services. CreateTheSite remains responsible for their performance.

20. General Provisions

DMCA: We respond to proper copyright claims and may remove or disable access to allegedly infringing material.
Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control (e.g., outages, acts of God, labor disputes, government actions).
Assignment: You may not assign this Agreement without our written consent. We may assign to an affiliate or successor in interest.
Notices: Legal notices to CreateTheSite must be sent to the contact listed in the Terms & Conditions; we may notify you via your account email.
Severability; Waiver: If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
Entire Agreement; Survival: See Section 24. Sections concerning ownership, fees, indemnities, limitations, confidentiality, disputes, and any terms which by their nature should survive will do so.

21. Article Content Writing Services

CreateTheSite provides on-demand and subscription-based article writing services (“Content Services”) designed to support SEO and brand authority. Content Services are governed by this Agreement in addition to the following specific terms:

Scope: Each article includes topic research, keyword optimization, and editorial formatting suitable for blog or publication use.
Discovery: Clients may submit article topics or request a discovery through the client dashboard ticket form. If needed, a deeper content strategy session can be scheduled at CreateTheSite.com/ScheduleACall.
Revision Policy: Up to three (3) revision or rewrite attempts are allowed per topic. If a suitable direction cannot be reached after three attempts, a new topic must be chosen. If the client is unable to provide one, CreateTheSite may assist through a paid content strategy session.
Delivery: Articles are typically delivered within 5–10 business days after topic approval or completion of discovery.
Ownership: Upon full payment, copyright and usage rights for approved articles transfer to the client. Drafts and unused concepts remain property of CreateTheSite.
Quality Assurance: Content is written or edited by human writers and/or AI-assisted tools with plagiarism checks. No guarantees of search rankings, virality, or third-party publication acceptance are made.
Content Restrictions: We do not produce or publish adult, gambling, extremist, hate-related, or deceptive content. CreateTheSite reserves the right to refuse topics at its discretion.

22. Advertising & Marketing Services

CreateTheSite offers managed advertising and marketing services (“Marketing Services”) to help clients drive qualified leads, appointments, and sales through online campaigns. Marketing Services are governed by this Agreement and the following specific terms:

22A. Scope of Services

Initial campaign strategy, audience research, and platform recommendations (Google Ads, Facebook, Instagram, or others as applicable).
Ad account setup, tracking integration, and launch of campaigns.
Ongoing campaign management, optimization, and reporting.

Service Pricing:

Google/Facebook Ads Setup: $499 one-time fee per campaign or platform.
Ongoing Ads Management & Optimization: $199/month, cancellable with 30 days’ notice.

22B. Discovery & Client Collaboration

A discovery form or call will identify campaign goals (lead generation, e-commerce sales, bookings, awareness, etc.).
CreateTheSite will research demographics, target audiences, and creative strategy consistent with the brand’s objectives.
Client cooperation, including timely feedback and access to ad accounts, analytics, or CRM tools, is required for optimal performance.

22C. Advertising Standards & Compliance

All campaigns must comply with applicable advertising laws and platform policies (Google, Meta, etc.).
CreateTheSite reserves the right to decline or suspend ads that violate advertising policies, mislead consumers, or damage platform integrity.
Client-provided materials (logos, imagery, claims) are assumed accurate and rights-cleared. Client agrees to indemnify CreateTheSite for claims arising from their use.

22D. Ad Spend & Billing

Unless otherwise agreed, the client pays advertising costs directly to the ad platform via their account. Management fees paid to CreateTheSite are separate and non-refundable once services are rendered.
Any ad credit promotions are subject to platform eligibility and are not guaranteed by CreateTheSite.

22E. Reporting, Optimization & Results

Campaign performance is reviewed regularly, with adjustments based on KPIs (CTR, CPC, CPA, ROAS, etc.).
CreateTheSite performs A/B testing and continuous optimization to improve results but does not guarantee specific conversion volume, cost-per-lead, or revenue outcomes.
Performance reports may be provided monthly or upon request.

22F. Termination

Client may pause or terminate Marketing Services with 30 days’ notice. Termination before the end of a billing period will not result in a prorated refund.
CreateTheSite may terminate service immediately for policy violations, non-payment, or unlawful activity.

23. Relationship Between Products

Purchasing any CreateTheSite product (Website Hosting & Design, Content Writing, or Marketing) creates a unified client account governed by this Agreement. Data collected through one product (e.g., analytics or contact details) may be used to improve performance across related Services in accordance with our Privacy Policy.

24. Entire Agreement

This Agreement, together with CreateTheSite’s Terms & Conditions and Privacy Policy, constitutes the entire understanding between the parties and supersedes all prior discussions or representations related to the Services. Continued use of any CreateTheSite product constitutes acceptance of the latest posted version of this Agreement.

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Last Updated: October 20, 2025 — Version 1.1