Terms of service.

Who these terms are with

This agreement is between you and [ legal business name ], trading as Hummingbird, at [ business address ]. Starting a subscription with us means you accept these terms. If you are agreeing for a company, you are confirming you are allowed to.

What we provide

A custom website designed and built for your business, hosted and looked after by our team, for $199 a month. That covers the design and build, hosting, a security certificate, ongoing updates and fixes, a chatbot that answers questions from the information you give us, and online booking with automatic reminders where you want them.

Content changes are included at a reasonable pace. A full redesign, a new brand, custom software, or work on systems we did not build are quoted separately before we start.

The free demo

We build a working demo of your site before you pay anything. The demo stays ours until you subscribe. If you decide against it, nothing is owed and the demo comes down.

Payment

The subscription is $199 a month, charged in advance on the same day each month, starting the day your site goes live. There is no contract and no setup fee. Payments already made are not refundable, including for a month you cancel partway through.

If a payment fails we will tell you and try again. If it is still unpaid after fourteen days we may take the site offline until it is settled. Prices can change with thirty days of notice by email, and you are free to cancel before a new price starts.

Cancelling

Cancel whenever you like by emailing landon@hummingbird.cx. Your site stays up until the end of the month you have paid for, then comes offline. Tell us before it goes and we will send you a copy of your text and images. We keep backups for thirty days after that, then delete everything.

Who owns what

This is a service, not a sale. The website we build, including its design, code and configuration, stays the property of Hummingbird, and your subscription gives you the right to use it while the subscription is active. You do not receive the code, and it is not transferred to you or to another provider when the service ends.

What you give us stays yours. Your text, images, logo, product information and customer data belong to you. You grant us the right to use them to build and run your site. Your customer data is yours and we will hand you a copy on request.

Domains. If you already own a domain, it stays yours and we point it at the site. If you do not have one, we buy it and hold it as part of the service. Ask us to transfer a domain we bought for you and we will, once your account is settled.

What we need from you

• Accurate information about your business, and the right to use everything you send us.
• A reply on approvals and content within a reasonable time, so your build does not stall.
• Lawful use. No unlawful, misleading, infringing or harmful content, and nothing that breaks the rules of the platforms your site depends on.
• Your own compliance with the rules of your trade, such as licensing, pricing claims and health notices.

The chatbot

The chatbot answers from the information you give us about your business. It is automated, and like any automated system it can be wrong or incomplete. It is not professional advice of any kind. Review what it tells your customers, keep the information behind it current, and tell us when something needs correcting. You are responsible for the claims your business makes, including those the chatbot repeats on your behalf.

Text message reminders

Where your plan includes reminders, you must collect consent from each customer before we send anything. That means a checkbox that is not ticked in advance, wording that says what the messages are, and no requirement to agree in order to book. We will build that step into your site. Every message carries your business name and instructions to reply STOP to stop or HELP for help, and we honour those replies automatically.

You agree not to use the reminders for marketing blasts, and to follow the rules that apply to business text messaging, including quiet hours. Carriers can block or suspend messaging traffic at their discretion, and we cannot guarantee delivery of any individual message.

Support and uptime

Our team is based in the United States and answers support during [ hours ]. We aim to keep your site available at all times, but no host is perfect. Planned maintenance is done outside business hours where we can. We do not promise uninterrupted service, and we are not responsible for outages at providers outside our control.

Changes

We may improve or change parts of the service, and we may update these terms. For anything that materially affects you we will email you at least thirty days beforehand. Carrying on with the service after that means you accept the new terms.

Ending the agreement from our side

We can end the service with thirty days of notice, or immediately if an account goes unpaid, if the site is used unlawfully, or if the use puts our systems or our other customers at risk. If we end it without cause, we refund the unused part of the month.

Warranties

We provide the service with reasonable care and skill. Beyond that, the service is provided as it is, without other warranties, express or implied, including any warranty that it will be uninterrupted, error free, or fit for a particular purpose. We do not promise any specific level of traffic, ranking, enquiries or sales.

Limit of liability

To the extent the law allows, neither side is liable for indirect or consequential loss, including lost profits, lost data or lost business. Our total liability for any claim is limited to the fees you paid us in the three months before the claim arose. Nothing here limits liability for fraud, or for anything that cannot be limited by law.

Claims from your content

If someone brings a claim against us because of the content you gave us, the products or services you sell, or your use of the site in a way these terms do not allow, you agree to cover the costs and damages that result.

Law

These terms are governed by the laws of the State of Michigan, and any dispute belongs to the courts of that state. If a clause is found unenforceable, the rest stays in force.

Contact

[ legal business name ], [ business address ]. Email landon@hummingbird.cx. Phone (734) 476 0843. Our privacy policy explains how we handle information.