Terms of Service
Fiona Kulnig Web Design
Last updated: August 23rd 2026
These Terms of Service (“Terms”) govern your use of the website design, hosting, and management services offered by Fiona Kulnig Web Design (“we,” “us,” or “our”). By signing up for, paying for, or using our services, you (“Client,” “you,” or “your”) agree to these Terms. Please read them carefully before proceeding.
1. Services
We provide custom website design, hosting, and ongoing management for small businesses. For a flat fee of $100 USD per month (with no setup or additional fees), we will:
• Design and build a custom website tailored to your business (typically up to 5 pages for small-business needs; more complex sites will be discussed in advance).
• Host the website.
• Manage the website, including reasonable content edits (e.g., menu changes, uploading images, updating text or other content you provide).
• Handle technical maintenance, security updates, and efforts to keep the site running smoothly.
• Manage your domain name on your behalf (registration, renewal, and DNS pointing).
Reasonable edits are included. Major redesigns, new features, complex functionality, or work significantly outside the original scope will be quoted and billed separately after discussion and mutual agreement.
We focus on small businesses. Sites that substantially exceed a typical 5-page small-business website may require a custom quote.
2. Fees, Payment & Taxes
• The service fee is $100 USD per month.
• Payment is due on the 1st of each month via Stripe (or any payment methods Stripe accepts).
• There is a 10-day grace period after the due date. If payment is not received within 10 days of the original due date, we may take the website offline until payment is made or the account is terminated.
• No late fees are charged.
• No refunds are provided for any reason, including partial months or early cancellation.
• All fees are in United States Dollars (USD). You are responsible for any currency conversion fees charged by your bank or payment provider.
Taxes: The $100 monthly fee is exclusive of all taxes. You are solely responsible for any sales tax, use tax, value-added tax (VAT), goods and services tax (GST), or other taxes, duties, or levies that may apply to the services in your jurisdiction. If we are legally required to collect or remit any such taxes, we will add them to your invoice or charge them through Stripe, and you agree to pay them.
3. Term, Cancellation & Effect of Termination
The service is month-to-month and continues until cancelled.
Cancellation: You may cancel at any time by providing written notice via email or text message to the contact information we provide. Cancellation becomes effective at the end of the current paid month or immediately upon our confirmation, at our discretion.
Upon cancellation or termination for non-payment:
• The website will be taken offline.
• We will stop managing the domain.
• We will make reasonable efforts to transfer the domain name to you (or to a registrar of your choice) upon written request, provided any outstanding fees are paid and the domain is eligible for transfer. Domain transfer is subject to the policies of the domain registrar.
• We are not obligated to provide site files, databases, or backups after the site is taken down, except that we may, at our sole discretion and upon timely written request, provide a one-time export of available files for a limited period after takedown. Any such export is provided “as is” without warranty.
• Any data remaining on our systems may be permanently deleted after a reasonable retention period.
4. Domain Management
We will register, renew, and manage the domain name on your behalf as part of the service. You retain beneficial ownership of the domain. We act only as your agent for management purposes. You agree to provide any information or authorization needed for registration or renewal. Domain-related fees charged by third-party registrars are included in the monthly service fee unless otherwise agreed in writing.
5. Client Responsibilities
You agree to:
• Provide accurate, complete, and timely content, images, logos, and feedback.
• Ensure that all materials you supply do not infringe any third-party rights and comply with applicable laws.
• Designate a primary contact for communications.
• Use the website only for lawful purposes.
You are solely responsible for the accuracy, legality, and appropriateness of all content on the website.
6. Intellectual Property & Portfolio Use
• You retain ownership of all content, trademarks, and materials you provide to us.
• We retain ownership of the website design, code, structure, and any proprietary tools or methods we use, unless we expressly transfer them in writing.
• Upon termination, any limited license to use the design ends when the site is taken down (except for any files we may choose to export).
• You grant us a non-exclusive, royalty-free right to use non-confidential screenshots or images of the completed website on our own website and marketing materials for advertising and portfolio purposes.
7. Acceptable Use
You may not use the website or our services for any illegal, harmful, or abusive purpose, including but not limited to distributing malware, engaging in fraud, infringing intellectual property, or publishing content that violates applicable law. We reserve the right to remove content or suspend or terminate service for violations.
8. Security, Availability & Disclaimers
We will use commercially reasonable efforts to keep the website secure and available. However:
• We do not guarantee 100% uptime or that the site will be error-free or uninterrupted.
• The services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
• We are not liable for any loss of data, downtime, security incidents caused by factors outside our reasonable control, or issues arising from content or third-party services you request.
9. Limitation of Liability
To the maximum extent permitted by law, our total liability arising out of or related to these Terms or the services shall not exceed the total fees you paid to us in the three (3) months preceding the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Fiona Kulnig Web Design and its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the services, your breach of these Terms, or your violation of any law or third-party rights.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles.
Any dispute arising out of these Terms shall be resolved exclusively in the state or federal courts located in Texas. You consent to personal jurisdiction there.
12. Changes to These Terms
We may update these Terms from time to time. We will post the revised version on our website and update the “Last updated” date. Continued use of the services after the effective date of changes constitutes acceptance of the updated Terms. Material changes will be communicated by email when reasonably possible.
13. Miscellaneous
• These Terms constitute the entire agreement between you and us regarding the services and supersede all prior discussions.
• If any provision is found unenforceable, the remaining provisions remain in full force.
• Our failure to enforce any right is not a waiver of that right.
• You may not assign these Terms without our prior written consent. We may assign them freely.
• Notices may be sent by email or text message to the addresses each party provides.
• These Terms apply to clients worldwide. The English-language version controls.
14. Contact
For questions about these Terms or to send cancellation notices, contact us at:
fkulnig@gmail.com
Fiona Kulnig
© 2026 Fiona Kulnig-Direct creative partnership for independent business owners.