Terms of Service
Which plan are you buying?
Who we are
QP Web Design is a website design business operated by Peter Gallagher, a sole proprietor doing business as QP Web Design.
Contact us: contact@qpwebdesign.com
Throughout these Terms, "we" and "us" mean QP Web Design. "You" means the person or business who purchased from us.
How you accept these Terms
There is nothing to sign and nothing to fill in. You accept these Terms by checking the agreement box at checkout and completing your purchase.
The name and email address you provide at checkout identify you as our client. That email address is your authorized contact — the address we take edit requests and cancellations from, and the address we send notices to. Email us any time to change it.
These Terms work together with the Service Agreement for your plan, which was shown to you at checkout. Together they form the complete agreement between us. If the two ever conflict, your plan's Service Agreement controls.
Your plan's Service Agreement names which of the three plans you are on. Some sections below apply only to certain plans, and each one says so.
1. The three plans
| Plan A — Purchase | Plan B — Free Trial | Plan C — Immediate Start | |
|---|---|---|---|
| At checkout | $2,500 | $0 (card saved) | $400 |
| Then | nothing | nothing | — |
| Monthly | none | $129/mo from day 31 | $99/mo from day 31 |
| You own the Site | Yes | No — licensed | No — licensed |
| We host it | No | Yes | Yes |
| Domain | You provide your own | We register and maintain | We register and maintain |
| Monthly edits | None | 2 per month | 2 per month |
| Ongoing support | None | Yes | Yes |
Your monthly rate is flat on Plans B and C. It does not change with the number of artists, pages, or photos on your Site. There is no build fee on Plan B.
Day numbers count from your Launch Date (Section 3).
2. What we provide
On Plans B and C, we build, host, and maintain a website for your business (the "Site"). The service includes:
- A single-page website designed for your business
- Website hosting
- Registration and renewal of one domain name
- Up to two edit requests per month, as defined in Section 8
On Plan A, we build the Site and deliver it to you as a folder. What that folder contains is described in Section 10. We do not host it, provide a domain, maintain it, edit it, or support it.
On every plan, the service does not include: search engine optimization work beyond standard build practices, paid advertising, social media management, email hosting, content writing beyond the initial build, photography, logo or brand design, booking or payment systems, or online stores. Any of these can be quoted separately.
3. Demo, revision, and launch
Demo. Before you commit to anything, we show you a private preview of your Site. The preview is not publicly listed, is not indexed by search engines, and is not connected to a public domain.
Acceptance. If you want to move forward, you agree to your plan's Service Agreement at checkout and provide a payment method.
- Plan A: $2,500 is charged at checkout.
- Plan B: your card is saved. Nothing is charged.
- Plan C: $400 is charged at checkout.
Revision. After acceptance, you get one revision round. A revision round means one written list of changes to the content already present on the Site — text, images, hours, contact information, artist details, and similar. It does not include new pages, new sections, new features, or redesign of the layout. We complete the revision within five business days of receiving your list.
Launch. On Plans B and C, after the revision is complete the Site goes live on your domain, and that date is the "Launch Date." On Plan A, the Launch Date is the date we deliver the folder to you.
4. Free 30-day trial — Plan B only
You are not charged anything for the first thirty (30) days after your Launch Date. Your Site is fully live on your own domain during this period, exactly as it would be as a paying client.
If you cancel at any time before day 31, you are charged nothing at all. No build fee, no monthly fee, nothing. Your Site is taken offline. You owe us nothing. If you would like to keep the domain, Section 9 explains how.
On day 31, if you have not cancelled, we automatically charge the payment method you provided $129, and $129 every month after that until you cancel.
There is no build fee on Plan B. You pay nothing for the website to be made.
Notices we send you. We will email your authorized contact:
- At checkout: a confirmation restating your trial end date, the amount that will be charged, and how to cancel.
- At least 3 days before your first charge: a reminder stating that the trial is ending, the exact amount, and how to cancel.
It is your responsibility to keep a working email address on file with us.
5. Fees
Plan A — Purchase
| Item | Amount |
|---|---|
| Purchase price (one time, charged at checkout) | $2,500 |
| Future work after delivery, if available | $85 / hour |
The purchase price is non-refundable once we have delivered the folder. There is no monthly fee and no recurring charge of any kind.
Plan B — Free Trial
| Item | Amount |
|---|---|
| At checkout | $0 |
| Build fee | None |
| Monthly Service Fee (from day 31) | $129 / month |
Nothing is charged before day 31. If you cancel before then you are charged nothing at all.
Plan C — Immediate Start
| Item | Amount |
|---|---|
| Build + first month (charged at checkout) | $400 |
| Monthly Service Fee (from day 31) | $99 / month |
The $400 is non-refundable. It covers the build and your first month of service. Plan C has no trial period.
Applies to Plans B and C
| Item | Amount |
|---|---|
| Additional edit request beyond two per month | $45 each |
| Domain transfer after cancellation | $50 |
| Buy your Site outright later (see Section 11) | $2,000 |
All payments are processed through Stripe. By completing checkout you authorize us to charge your payment method for the fees above, on a recurring basis where applicable, until you cancel.
Billing dates. On both Plans B and C, your first Monthly Service Fee is charged 30 days after your Launch Date, and recurs on that date each month.
6. Failed payments — Plans B and C only
If a payment fails, we will notify you by email and retry the charge.
- Day 0: Payment fails. We email you.
- Day 7: If still unpaid, we send a final notice.
- Day 14: If still unpaid, the Site is taken offline.
- Day 60: If still unpaid, the Site and all associated files are permanently deleted, and the domain may be allowed to expire.
You can restore service at any point before day 60 by bringing your account current. No new build fee applies.
7. Ownership
Plans B and C
Plainly: while you are on a monthly plan, you are renting the website, not buying it.
We own the Site's design, code, template, and structure. You are granted a license to use the Site for your business for as long as your account is in good standing. That license ends when your agreement with us ends.
If you want to own the Site outright, see Section 11.
Plan A
You own the Site. On payment, we assign to you all of our rights in the Site as delivered — its design, code, and structure — and you may host, modify, resell, or do anything else with it.
Every plan
You own your content. Photographs, your logo, your business name, your text, and anything else you provide remain yours. Nothing in these Terms transfers ownership of your content to us.
8. Edits — Plans B and C only
You may submit two (2) edit requests per calendar month. One request means one email containing everything you want changed. Requests do not roll over to the following month.
We complete edit requests within three (3) business days of receipt.
Included in an edit request:
- Swapping, adding, or removing gallery photos
- Hours, phone number, email address, physical address, social media links
- Artist names, bios, and headshots
- Adding or removing an artist page
- Deposit amounts, pricing text, shop policies
- A temporary banner for an event, guest artist, or flash day
- Aftercare instructions and FAQ text
Not included in an edit request — we will quote these separately before doing any work: new pages or sections, layout or design changes, logo and branding work, new functionality of any kind (booking systems, gift cards, online stores, contact forms, payment processing), writing content from scratch, photo editing or retouching, and search engine optimization work.
How to submit. Send edit requests either through the edit request form we email you when your Site goes live, or by email to contact@qpwebdesign.com. Either one works.
Requests must come from your authorized contact. The form asks for the email address you used at checkout so we can confirm the request is genuinely from you. We do not accept edit requests by text message, phone call, social media message, or through any other channel.
If you no longer have the form link, email us and we will send it again.
9. Domain
On Plans B and C, we register and pay for one domain name on your behalf and maintain it for as long as your account is active. The domain is held in our registrar account while your account is open.
If you cancel or your account is terminated: you may request transfer of the domain to a registrar account of your choosing for a fee of $50. You must make this request within 60 days of cancellation. If you do not request a transfer, we will allow the domain to expire at the end of its current registration term.
On Plan A, we do not provide a domain. You buy and manage your own domain name and point it at your Site yourself. The README in your folder explains how.
If you buy your Site outright under Section 11, we transfer the domain to your registrar account at no additional charge.
If you already own a domain you would like to use on Plan B or C, you may point it at your Site instead. In that case you keep the domain in your own account, you remain responsible for its renewal, and the transfer fee does not apply.
10. What you receive on Plan A
On Plan A, and on a later buyout under Section 11, we deliver a folder containing:
- The full source code and all built files for your Site
- All images and content as used on the Site
- A README covering the technologies used, how to run and build the Site locally, step-by-step deployment instructions, where your content lives in the files, and how to point a domain at it
Delivering the folder completes our work. We do not host the Site, provide a domain, perform edits, provide support, fix problems, or hold a handoff call. Any future work is quoted separately at $85 per hour and is not guaranteed to be available.
The README is written for a web developer. You do not need technical skills to own the Site, but you will need someone with them to put it online and change it later.
11. Buying your Site later — Plans B and C only
At any time after your first monthly payment, you may purchase the Site outright for $2,000.
This is a flat price. Nothing you have already paid is credited against it — those payments covered the build and the months of service you have had. On Plan B, this option becomes available once your free trial has ended.
You receive everything listed in Section 10, and we transfer your domain to your registrar account at no additional charge. Monthly billing stops on the date of purchase. Fees already paid are not refunded or prorated.
12. Your content
You confirm that you have the rights and licenses to every photograph, image, logo, video, and piece of text used on your Site — including permission from the photographer where someone else took the photo, and permission from any identifiable person shown in it.
You will confirm this in writing before your Site goes live (on Plan A, before we deliver the folder). We do not launch or deliver until you have.
Indemnity. If a claim is brought against us over content on your Site — copyright, trademark, or use of someone's likeness — you agree to cover our resulting costs, including reasonable attorney's fees.
Removal. If we receive a credible complaint about content on your Site, we may remove that content immediately and will let you know. On Plan A, and after a buyout, we no longer control the Site — we will pass the complaint to you instead, and responding to it is yours.
13. No guarantee of results
We do not guarantee any business outcome.
We make no promise, representation, or warranty that the Site will generate clients, inquiries, bookings, phone calls, revenue, foot traffic, search engine rankings, or any particular volume of visitors. Any discussion we have had about potential results is an illustration, not a commitment.
You are purchasing the construction of a website, and on Plans B and C its hosting and maintenance. You are not purchasing a result.
14. Uptime — Plans B and C only
We will make commercially reasonable efforts to keep your Site available and online.
We do not operate the servers or network the Site runs on, and we do not guarantee any specific uptime percentage. We are not responsible for outages, slowdowns, or data loss caused by our hosting provider, domain registrar, or any third-party service, or by events outside our reasonable control.
15. Accessibility
We build using reasonable practices intended to work toward the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, including alternative text on images, sufficient color contrast, keyboard navigation, and proper heading structure.
We do not warrant that the Site is fully compliant with WCAG, the Americans with Disabilities Act, the Unruh Civil Rights Act, or any other accessibility law or standard. Accessibility compliance for your business is your responsibility. If you need a formal accessibility audit or remediation, we can refer you to a specialist.
16. Analytics and privacy — Plans B and C only
Where we use website analytics, we use a privacy-focused, cookieless tool. It does not set cookies, does not track individuals across websites, and does not collect personal information from your visitors.
We do not collect, store, or process any personal data from visitors to your Site. Your Site does not include contact forms or any other data collection.
17. Cancellation — Plans B and C only
You may cancel at any time, with no notice period and no cancellation fee, by emailing contact@qpwebdesign.com from your authorized contact.
On Plan B, if you cancel during the 30-day trial, you are charged nothing and owe nothing. Your Site goes offline at the end of the trial period.
Otherwise, cancellation takes effect at the end of your current paid period. You keep access through the period you have already paid for. Fees already paid are not refunded and are not prorated.
What happens to your Site:
- It goes offline at the end of your paid period.
- We keep an archived copy for 30 days.
- Within those 30 days, you may reactivate at no charge and no new build fee. Reactivation is usually same-day.
- After 30 days, the Site and all files are permanently deleted. Reactivation after that requires a rebuild, which we will schedule when we are able. No new build fee applies, but we cannot promise a timeline.
Domain handling on cancellation is covered in Section 9.
Plan A has nothing to cancel — there is no recurring charge and no ongoing service.
18. Termination by us — Plans B and C only
We may suspend or terminate service, with notice to you, if:
- Your payment is past due as described in Section 6
- You use the Site for unlawful purposes
- You breach Section 12 regarding content rights
- You are abusive toward us
If we terminate for any reason other than your breach, we will refund any prepaid fees covering the period after termination.
19. Limitation of liability
To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms is limited to the total amount of fees you paid us in the twelve (12) months preceding the claim.
We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost business, or lost data, even if we were advised such damages were possible.
20. Changes to these Terms
We may update these Terms from time to time. We will notify you by email at least 30 days before any change takes effect. If you do not agree to a change, you may cancel under Section 17 before it takes effect. Continuing to use the service after the effective date means you accept the change.
Your pricing will not increase for as long as your account remains continuously active. Price changes apply to new clients only.
21. Notices
All official notices under these Terms must be sent by email:
- To us: contact@qpwebdesign.com
- To you: at the email address you provided at checkout
It is your responsibility to keep your contact email current.
22. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict of law rules.
Any dispute arising out of these Terms will be brought exclusively in the state or federal courts located in Plumas County, California, and both parties consent to that venue.
Nothing in these Terms prevents either party from bringing a claim in small claims court.
There is no arbitration requirement in these Terms.
23. General
Independent contractor. We are an independent contractor, not your employee, partner, or agent.
Subcontractors. We may use subcontractors and third-party services to deliver the service, and remain responsible for the work.
Assignment. You may not transfer your agreement with us to anyone else — including a new owner of your business — without our written consent. We may transfer it if our business is sold or reorganized. This does not apply to Plan A, where you own the Site outright.
Severability. If any part of these Terms is unenforceable, the rest stays in effect.
Entire agreement. These Terms and your plan's Service Agreement are the complete agreement between us. They replace all prior discussions, emails, proposals, and promises, written or spoken.
No waiver. If we don't enforce a provision once, we can still enforce it later.
Questions
Email us at contact@qpwebdesign.com. If you would like a copy of the Service Agreement you accepted at checkout, ask and we will send you one.