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Titan Web Design - Service Agreement

Version 2026-07-10-v1 - Effective upon acceptance at checkout

This Service Agreement (the "Agreement") is a binding contract between Titan Web Design ("Titan," "we," "us," or "our") and the person or business completing checkout (the "Customer," "you," or "your"). By checking the acceptance box at checkout and submitting payment, you agree to every term below. If you do not agree, do not complete checkout.

This Agreement incorporates by reference our Terms of Service, Privacy Policy, and Acceptable Use Policy, each available on our website. If this Agreement conflicts with the Terms of Service, this Agreement controls for the services purchased at this checkout.

1. What you are buying

1.1. The service. Titan provides a subscription website service: we take the demo website you approved at your preview link, publish it as your live website, and operate it for you - hosting, one included domain registration (most .com and .net names) or connection of a domain you already own, SSL, automatic backups with version history, and 50 included website edit requests per month, all as described at checkout and on our pricing page.

1.2. You approved what you bought. Your live website is the exact demo build you approved at your preview link. You confirm you reviewed the demo and accept it as-is. Changes after purchase are made through edit requests from your dashboard, which consume included monthly edits or purchased edit packs.

1.3. The service is automated. Site building, publishing, edits, support, billing actions, refunds, and takedowns are performed by automated systems, including artificial intelligence, with limited or no human review. You accept that automated output can occasionally contain errors, and that your remedy for any dissatisfied charge is the refund guarantee in Section 5.

2. Fees, billing, and automatic renewal - READ THIS SECTION CAREFULLY

2.1. Build fee - includes your first month. At checkout you pay a one-time website build fee of $97, which includes your first month of service. This is today's checkout total - nothing else is charged at purchase. No processing fee or tax is added at checkout by us. (If a law later requires us to collect tax, we will collect it as required and show it before charging.)

2.2. Card on file and automatic monthly billing. By completing checkout you authorize us, through our payment processor (Stripe), to save your payment card and automatically charge it $97 per month for your subscription, with the first automatic charge one (1) month after your purchase date (because month one is included in the build fee) and every month after that on the same date, until you cancel.

2.3. Optional purchases. Edit packs (currently 25 for $15, 50 for $28, 100 for $50) and any above-plan domain surcharge disclosed at checkout are one-time charges to your card on file, made only when you order them.

2.4. Failed payments. If a charge fails, we retry per Stripe's schedule and email you. If payment remains uncollected for 7 days we may suspend your website until payment succeeds. Continued nonpayment is treated as cancellation under Section 4.

2.5. Price changes. We may change subscription pricing with at least 30 days' email notice; changes apply to your next billing cycle after the notice period. Your remedy if you disagree is to cancel before the new price takes effect.

3. Included edits and credits

3.1. Your plan includes 50 edit requests per month. Unused edits do not roll over; your included balance resets to 50 each billing cycle. Purchased edit-pack credits persist until used but are forfeited when your subscription ends.

3.2. One edit request = one credit, regardless of the size of the result. Edits are performed by automated systems; results may require follow-up requests (each its own credit). Consumed credits are non-refundable, including when you are unsatisfied with an AI-generated result.

3.3. We may reject any edit request that violates the Acceptable Use Policy, is unlawful, or targets systems outside your website; rejected requests are automatically refunded the credit.

4. Term, cancellation, and what happens after

4.1. Cancel anytime. You may cancel at any time, self-serve, from your dashboard (Manage billing -> Cancel plan), or by asking support. No cancellation fee. Cancellation stops future renewals; your service continues through the end of the period you already paid for.

4.2. Site takedown. When your subscription ends, we take your website offline and, after a grace period, permanently delete the hosted site and its build history. We are not obligated to retain any of your data after the account closes, except as our Privacy Policy or law requires.

4.3. Your domain stays yours. Domains registered for you are yours to keep. On request we unlock and release the domain with its transfer code (a one-time $100 transfer-assistance fee applies; registry transfer locks - typically 60 days after registration - are outside our control). If you do nothing, a domain we registered may be allowed to expire after your account closes.

4.4. We may terminate your service (with a pro-rata refund of prepaid unused time, except in cases of abuse, fraud, chargebacks, or AUP/law violations, where no refund is owed) if you materially breach this Agreement or the AUP, if your content is unlawful or infringing, or if providing the service to you creates legal or security risk for us.

5. Refunds and chargebacks

5.1. 30-day money-back guarantee. On request, we refund in full any charge made within the preceding 30 days - subscription charges, the build fee, and edit packs - no questions asked, processed automatically via support. Charges older than 30 days are non-refundable except as required by law. A refund does not itself cancel the subscription.

5.2. Talk to us before your bank. You agree to request a refund through us before initiating a chargeback. Because we refund the last 30 days unconditionally, a chargeback is never necessary for a recent charge. If you initiate a chargeback while eligible for our guarantee, we may suspend the service during the dispute and submit this Agreement, your checkout consent record, your demo approval, and deployment logs as evidence.

6. Your content, our materials

6.1. You own your content. Text, images, logos, and other materials you provide remain yours. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, display, adapt, and publish them as needed to build and run your website and to operate our systems (including automated processing).

6.2. You are responsible for your content and business. You represent and warrant that: (a) you own or are licensed to use everything you upload (including logos and photos); (b) your business information is accurate and your business is lawful; (c) your website's content and offerings comply with all laws applicable to you (including licensing, advertising, and consumer-protection rules for your trade); and (d) nothing you provide infringes any third party's rights.

6.3. Our materials. The templates, software, designs, code, and systems used to build and operate your website are ours or our licensors', and remain so. While your subscription is active, we license your website's use of them for operating YOUR live website. This license ends when the subscription ends. We may reuse templates, layouts, stock and AI-generated imagery, and design patterns across other customers' websites.

6.4. AI-generated content. Portions of your website (text, images) may be AI-generated. You are responsible for reviewing your live site and requesting corrections via edits. You must not represent AI-generated stock imagery as literal photographs of your own work/crew where that would mislead consumers in your jurisdiction.

7. What we do not promise

7.1. No results guarantee. We do not promise any level of traffic, search ranking, leads, calls, revenue, or business outcome. Marketing performance depends on factors outside our control.

7.2. Reasonable uptime, not perfection. We target continuous availability via reputable infrastructure providers but do not guarantee uninterrupted or error-free operation. Planned maintenance, provider outages, DNS propagation, and force-majeure events can cause downtime.

7.3. AS-IS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Limitation of liability

8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

8.2. Some jurisdictions do not allow certain limitations; in those, our liability is limited to the smallest amount the law allows.

9. Indemnification

You will defend, indemnify, and hold harmless Titan Web Design and its owner, employees, and contractors from any third-party claim, demand, fine, or proceeding (including reasonable attorneys' fees) arising from: (a) content or materials you provided; (b) your business, its services, or its compliance failures; (c) your violation of this Agreement, the AUP, or any law; or (d) your infringement of any third-party right.

10. Third-party services

The service depends on third-party providers (including hosting/CDN, payment processing, domain registries and registrars, email delivery, and AI model providers). Their availability and terms are outside our control, and you agree we are not liable for their failures. Where a third party's terms apply to you (for example the registrar's registration agreement for your domain, or Stripe's terms for payment), you agree to them.

11. Notices, communications, and electronic contracting

11.1. We communicate by email to the address you gave at checkout and via your dashboard. Keep your email current; a notice we send to it counts as delivered.

11.2. Electronic signature. You agree that checking the acceptance box and completing checkout is your electronic signature, that this Agreement is signed and enforceable electronically (E-SIGN Act / UETA), and that we may keep the acceptance record (version, timestamp, IP, user agent) as proof.

11.3. You consent to receiving service and billing emails (transactional). Marketing emails, if any, include an unsubscribe link.

12. Disputes, governing law

12.1. Georgia law. This Agreement is governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules.

12.2. Talk first. Before filing any claim, you agree to email a description of the dispute to [email protected] and give us 30 days to resolve it (we say this because almost everything is fixable with a refund or an edit).

12.3. Venue; small claims. Any claim not resolved informally must be brought in the state or federal courts located in Georgia, USA - except either party may use small-claims court where it has jurisdiction. THE PARTIES WAIVE TRIAL BY JURY AND AGREE CLAIMS MUST BE BROUGHT INDIVIDUALLY, NOT AS A CLASS OR REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW.

12.4. Claims must be filed within one (1) year after the cause of action arises, where the law permits this limitation.

13. General

13.1. Entire agreement. This Agreement plus the incorporated policies are the entire agreement about the purchased services and supersede prior discussions.

13.2. Changes. We may update this Agreement prospectively; material changes are notified by email or dashboard at least 30 days before taking effect, and your continued subscription after that is acceptance. The version you accepted governs charges made before a change.

13.3. Assignment. You may not assign this Agreement without our consent. We may assign it in connection with a sale or reorganization of the business.

13.4. Severability; waiver. If a term is unenforceable, the rest stays in force. Not enforcing a term once is not a waiver.

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

13.6. Contact. Titan Web Design - [email protected] - titanwebdesign.net.

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