Terms & Conditions - The Free Website Guys

Terms and Conditions

Last Updated: May 20, 2025

This Agreement (“Agreement” or “Terms”) is entered into by and between The Free Website Guys LLC, a Delaware limited-liability company doing business as The Free Website Guys (“Company,” “we,” “us,” or “our”), located at https://thefreewebsiteguys.com, and you, the individual or entity accessing the website or engaging with our services (“Client,” “you,” or “your”).

These Terms govern your use of our website, any services rendered by the Company (whether complimentary or paid), and any interactions, transactions, or engagements resulting therefrom. By using our website or accepting services from us, you agree to be bound by these Terms.

1. Scope of Services Covered

These Terms apply to all services and products provided by the Company, including but not limited to: complimentary website development, paid services, design work, hosting or theme referrals, other referrals, subscription plans, plugin or theme access, and any related deliverables or support. These Terms govern your use of such services whether they are provided at no cost or purchased directly from the Company.

1.1 Definitions

Development Hours — pre-paid or complimentary blocks of service time credited to your account.
Complimentary Services — any service provided at no monetary charge.
Paid Services — any service purchased for a fee.
Affiliate Link — a unique URL that credits the Company with a commission.
Inactive Account — an account for which a scheduled payment fails (status begins immediately upon failure).

2. Complimentary Services and Affiliate Requirements

The Company may, at its sole discretion, offer certain services—such as initial website setup—on a complimentary basis. These services are provided as a courtesy and may be modified, suspended, or revoked at any time.

To receive complimentary services, you may be required to sign up for web hosting through an Affiliate Link provided by the Company. Per FTC guidelines, we disclose that we may earn a commission or other compensation from this link, which helps offset the cost of building your website.

You acknowledge that access to our complimentary services may be conditioned upon the use of said affiliate link. If you cancel, switch, or refund the third-party web-hosting service in a way that results in the Company losing its affiliate compensation, the Company reserves the right to terminate services and revoke access to any associated benefits.

3. Ownership of Deliverables and Intellectual Property

All intellectual property and assets specifically created for your use under this Agreement—including but not limited to website files, custom graphics, layouts, code snippets, and content—shall be your exclusive property upon completion of services, provided all conditions of this Agreement have been met.

The Company retains all rights, title, and interest in and to any proprietary tools, templates, documents, systems, processes, or reusable components that were not specifically created for your project. These may not be copied, distributed, or reused without prior written consent from the Company.

You further agree not to replicate, reverse-engineer, reproduce, or otherwise attempt to copy or emulate the Company’s business model, offerings, or branding in any way that would constitute confusion, trademark infringement, or unfair competition. You acknowledge that the Company reserves the right to pursue legal action for any such violation, including injunctive relief and monetary damages.

4. Data and Information Security

You acknowledge and agree that you are solely responsible for the protection, security, and integrity of all information associated with your accounts and systems, including but not limited to: login credentials, hosting access, website content, emails, analytics data, user accounts, personal data, financial records, and customer information.

The Company implements commercially reasonable safeguards but makes no guarantee against unauthorized access, data loss, breaches, or cyberattacks. You accept full responsibility for implementing your own security protocols and ensuring your own data backups.

The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

Security breaches or hacking
Unauthorized access to your website or hosting
Data leaks or data corruption
Malware, phishing, or system intrusions
Failures or vulnerabilities of third-party platforms (e.g., web hosting, WordPress, plugins)

You agree to hold the Company harmless from any losses related to data breaches or unauthorized access, whether caused by third parties, system vulnerabilities, or your own actions or inactions.

4A. Service Impact Disclaimer

You acknowledge and agree that the website-development process—whether complimentary or paid—may involve domain updates, DNS changes, plugin configurations, hosting migrations, or other actions that could result in temporary service disruption. This includes but is not limited to:

Website outages
Broken links
Email-delivery failures
Domain-propagation delays
Missing website content during or after migration

The Company shall not be liable for any business losses, missed sales opportunities, reputational harm, or client dissatisfaction resulting from such outages or delays. You are responsible for informing your team, partners, or stakeholders of possible downtime and for maintaining backup and contingency systems as needed.

5. Limitation of Liability

To the maximum extent permitted by law, in no event shall The Free Website Guys LLC, its directors, officers, employees, contractors, agents, subsidiaries, affiliates, or licensors be liable to you or any third party for any indirect, incidental, consequential, punitive, exemplary, or special damages whatsoever, including but not limited to:

loss of revenue,
loss of profits,
loss of goodwill,
loss of data,
business interruption,
service downtime,
failed advertising or marketing outcomes,
loss of business opportunities, or
personal or reputational damages,

whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any services or products provided by the Company.

The Company shall not be liable for any failure or delay caused by third-party vendors or platforms, including but not limited to: hosting providers, email clients, DNS registrars, plugin or theme developers, or content delivery networks (CDNs).

The Company shall not be held liable for failures resulting from:

changes in internet availability, web standards, or platform APIs,
force majeure events (see Section 14),
misuse of services by Client or third parties, or
compliance with legal requests, DMCA takedown notices, or government action.

This limitation applies even if the Company was advised of the possibility of such damages, or if the Company’s remedy fails of its essential purpose. Client must maintain independent backups; the Company is not responsible for data loss.

No service-level agreement (SLA) or uptime guarantee is provided unless expressly agreed in writing.

In all cases, the Company’s total cumulative liability for any claim related to this Agreement, whether in contract, tort, or any other theory of liability, shall not exceed two hundred fifty U.S. dollars ($250 USD).

6. Use of Client Work in Marketing and Portfolio

You grant the Company a non-exclusive, royalty-free, irrevocable, perpetual license to use your business name, website screenshots, testimonials, and general project details in the Company’s portfolio, marketing materials, advertising, or public communications. If you prefer not to be featured, you may request removal by writing to legal@thefreewebsiteguys.com. The Company will honor such request within thirty (30) days. This license survives termination unless explicitly revoked.

7. Confidentiality and Non-Disclosure

During the course of this Agreement, you may receive or gain access to non-public, proprietary, or confidential information relating to the Company’s business, operations, systems, or clients (“Confidential Information”). Confidential Information includes but is not limited to:

internal SOPs, scripts, processes, and training materials,
pricing structures and affiliate relationships,
templates, automation workflows, and tools,
third-party service arrangements,
names and data of clients, prospects, or leads,
trade secrets, strategic plans, unpublished URLs or campaigns,
and any other non-public business or technical information disclosed by the Company in any form (oral, written, visual, digital).

You agree:

Not to disclose, reproduce, distribute, or use Confidential Information for any purpose other than as necessary to engage with the Company’s services;
To protect such information using a reasonable standard of care at least equivalent to how you protect your own confidential data;
To notify the Company immediately upon discovery of any unauthorized use or disclosure.

This obligation will survive termination of this Agreement and will remain in effect indefinitely. You acknowledge that any unauthorized disclosure or use of Confidential Information will cause irreparable harm to the Company for which monetary damages may be inadequate, and the Company shall be entitled to seek injunctive relief in any court of competent jurisdiction in addition to any legal remedies available.

8. Disclaimer of Warranties

The services, deliverables, software, plugins, themes, and information provided by the Company are offered “as is” and “as available” with no representations or warranties of any kind, express or implied.

The Company expressly disclaims any warranties of:

merchantability,
fitness for a particular purpose,
title or non-infringement,
quiet enjoyment (i.e., uninterrupted use),
compatibility with third-party platforms or tools, and
uninterrupted, timely, or error-free performance.

The Company does not guarantee or warrant:

That your website, applications, integrations, or related services will remain continuously accessible, operational, or online without interruption, outages, or performance degradation;
That third-party plugins, themes, tools, or scripts—including those installed by the Company or provided via agency licenses—will remain compatible with your hosting provider, content-management system (e.g., WordPress), or other systems over time;
That any configurations or changes involving DNS settings, domain registrars, SSL certificates, hosting accounts, email routing, or related infrastructure will be free from errors, downtime, misconfiguration, or propagation delays;
That you will achieve any particular business or marketing result, including but not limited to increased traffic, leads, conversions, sales, revenue, rankings, email deliverability, or client acquisition as a result of using the services;
That any deliverables (including websites, templates, plugins, or design assets) will remain fully compatible with all future versions of browsers, devices, operating systems, APIs, third-party integrations, or platform updates; or
That the services will meet your expectations, business objectives, technical requirements, or intended use in any specific or guaranteed manner.

Client is solely responsible for ensuring the website complies with any accessibility or ADA/WCAG obligations that may apply to its business.

Client acknowledge that the success and functionality of your site may depend on decisions, tools, and platforms outside of the Company’s control, and that no outcome or uptime guarantee is offered.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Free Website Guys LLC, along with its officers, employees, contractors, affiliates, and agents (collectively, the “Indemnified Parties”), from and against any losses, liabilities, claims, demands, damages, or expenses (including reasonable legal fees) arising out of or related to:

(a) Your violation of this Agreement;

(b) Your misuse, negligence, or unauthorized use of the services or deliverables;

(c) Any content, media, or materials you provide or request us to use, including alleged violations of third-party rights;

(d) Your noncompliance with any applicable law, regulation, or industry guideline;

(e) Disputes between you and your own clients, users, or vendors involving the services we provided;

(f) Claims that your use of the website or services caused harm or confusion to third parties;

(g) Technical changes (e.g., to DNS or email) made at your request that result in downtime or service interruption; and

(h) Any instructions or materials you provide that result in liability or damage.

If a claim arises, we reserve the right to manage the defense and require your cooperation. This indemnity will survive the end of this Agreement.

10. Subscription Services, Billing, Cancellations, Acceptance and Chargebacks

Billing

Subscription fees recur on the same numeric day of the applicable billing cycle (monthly or annually). If that date does not exist or is otherwise unavailable in a given month or year (e.g., February 29th or the 29th-31st in shorter months), the charge will be processed on the next available business day, but no later than forty-eight (48) hours after the original billing date. By providing a payment method, you authorize the Company to charge all fees and any applicable taxes or foreign-exchange fees automatically.

Cancellations

You may cancel your subscription by emailing legal@thefreewebsiteguys.com prior to your next billing date.

Cancellations made during any introductory offer, including but not limited to $1 trials or free trials, will result in the forfeiture of any included development hours and any related services already provided or remaining under that offer.

No refunds will be issued for unused time, hours, or early termination.

We may decide to discontinue offering services at any time by providing written notice. In such an event, we may choose to either refund you the remaining time on your service on a prorated basis, or continue providing services until the end of the billing cycle.

Refund and Sales Policy

All sales, subscriptions, and service fees are final. No refunds will be provided unless we have decided to discontinue offering services prior to the end of a billing cycle.

Account Status and Inactivity

An account will be deemed inactive if a scheduled payment fails. The Company will make reasonable and diligent efforts to contact the Client using the contact information on file. Once the account is classified as inactive, the Client agrees that any accrued development hours will be forfeited.

If the Client does not update their payment information and resolve the outstanding balance within 24 hours of being notified, the Company reserves the right to suspend all services and revoke access to any associated tools, plugins, or premium theme licenses without further notice.

Acceptance of Charges

The Client agrees that they have 48 hours from the time of a charge to raise any disputes related to the charge, which can be done in writing to legal@thefreewebsiteguys.com. If no such dispute is received within the 48-hour period, the Client acknowledges and agrees that the charges will be deemed accepted by them and approved. The Client further agrees that they waive the right to dispute any payments made after the 48-hour period has lapsed. Nothing in this clause limits any non-waivable consumer rights under applicable law; it constitutes your contractual agreement to promptly review and raise any issues.

Chargebacks

You agree to contact the Company in good faith before initiating any payment dispute or chargeback with your payment provider. A chargeback initiated without prior notice shall constitute a material breach of this Agreement.

In such cases, the Company reserves the right to:

Terminate all services immediately
Revoke access to all deliverables, development hours, and tools
Seek recovery of all associated fees and damages, including attorney fees, through legal or collection action

Price Changes

We may adjust subscription pricing with at least thirty (30) days’ email notice. Continued use of the services after the effective date constitutes acceptance of the new pricing.

11. Access to Premium Themes and Plugins

License Access via Agency

The Company may, at its discretion, grant access to certain premium tools, themes, and plugins (e.g., Divi, Qi, TranslatePress) through its agency licenses. Access is granted only while:

Your account remains active and in good standing, and
The Company maintains a valid agency license with the applicable provider.

You do not receive a standalone license or ownership to any third-party theme or plugin.

Service Disruption and Discontinuation

If a third-party provider discontinues its agency license program, changes its terms, or if the Company otherwise loses access, plugin or theme access will be discontinued. The Company will make reasonable efforts to offer a comparable alternative.

12. Accuracy of Information and Client Responsibilities

You agree to provide accurate, complete, and up-to-date information during onboarding and throughout the term of this Agreement. This includes but is not limited to:

account registration details,
contact information,
billing details,
content submissions (e.g., logos, images, copy), and
login credentials for third-party services (if applicable).

You represent and warrant that:

All information provided is true and lawful;
You have the legal authority to use and share all content and data submitted to the Company;
You are not acting under a false identity or on behalf of another entity without consent.
All content used on your website is lawful and does not infringe third-party rights.

You acknowledge that:

The quality and timeliness of the Company’s services depend on your cooperation and provision of accurate and complete data;
Delays or errors caused by your failure to respond, submit materials, or provide accurate information may impact project timelines or outcomes.

The Company reserves the right to suspend or terminate services without refund if it reasonably determines that you have provided false, misleading, incomplete, or fraudulent information, or have failed to cooperate in a reasonable and timely manner.

13. Prohibited Uses

In addition to other prohibitions set forth in this Agreement, you agree not to use the Company’s website, services, or deliverables:

(a) for any unlawful purpose;

(b) to solicit or promote illegal activity or conduct that would violate any local, state, national, or international law or regulation;

(d) to impersonate another person or entity, misrepresent your identity, or falsely associate yourself with any business;

(e) to harass, abuse, threaten, defame, insult, or intimidate any person or business, including the Company’s staff, partners, or clients;

(f) to submit or distribute false, misleading, or fraudulent information;

(g) to upload or transmit any viruses, malware, worms, or harmful code;

(h) to mine data, scrape content, spider, crawl, or use automated tools to extract information from the Company’s website or client systems without explicit written permission;

(i) to reverse-engineer, duplicate, or emulate the Company’s software, workflows, pricing model, or internal tools;

(j) to circumvent any security feature, access control, or usage restriction of the Company’s systems or services; or

(k) to attempt to gain unauthorized access to any account, server, or database connected to the Company’s infrastructure.

The Company reserves the right to investigate and prosecute any violations of this section to the fullest extent of the law. Violations may result in immediate suspension or termination of services, deletion of accounts, and referral to law enforcement, without refund or liability.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, civil unrest, cyber-attacks, third-party platform failures, utility or internet outages, governmental actions, labor shortages, or other acts of God.

15. Severability

If any part of this Agreement is determined to be unlawful, void, or unenforceable, that provision shall be severed from the Agreement without affecting the validity and enforceability of the remaining provisions.

16. Modifications and Assignment

Modifications

The Company may modify or update these Terms at any time by updating the version published at https://thefreewebsiteguys.com/terms-conditions. For material changes, we may also notify you by email or a prominent site notice. Your continued use of our services after such updates constitutes your binding acceptance of the modified Terms.

Assignment

The Company may assign this Agreement, in its entirety, at its sole discretion, to any other entity, including but not limited to successors, acquirers, or affiliates, without your prior consent. You may not assign this Agreement or any rights hereunder without the prior written consent of the Company.

17. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware, without reference to its conflicts of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Kent County, Delaware for any disputes arising out of or relating to this Agreement. You agree that any claim or cause of action arising from this Agreement must be brought within one (1) year from the date on which such claim arose, or it shall be permanently barred.

Language. These Terms are drafted in English, which shall be the controlling language for all purposes.

Groundless-Claim Attorneys’ Fees. If the Client initiates any claim, action, or proceeding (including actions filed in small-claims court) arising under or related to this Agreement that is dismissed—whether on a motion to dismiss, motion for summary judgment, or comparable procedural ruling—as frivolous, groundless, or brought in bad faith, the Client shall reimburse the Company for all reasonable attorneys’ fees and court costs incurred in defending such claim.

18. Electronic Signature

This Agreement may be executed and accepted electronically. Your electronic consent, click-through, or engagement with our services shall be deemed to have the same force and effect as a signed, physical agreement.

This Agreement is compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and all applicable laws governing digital contracts.

19. Termination

Either party may terminate this Agreement at any time by providing written notice to the other party.

Upon termination:

All access to Company services, accounts, premium tools, themes, and plugin licenses will cease immediately;
Any unused development hours or service credits will be forfeited;
The Company shall have no obligation to retain, transfer, or archive any materials, websites, or client data unless explicitly agreed upon in writing;
You remain liable for any unpaid amounts or obligations incurred before the date of termination.

The Company may terminate this Agreement immediately and without prior notice if:

You breach any provision of this Agreement;
You initiate a chargeback or payment dispute;
You engage in abusive, harassing, fraudulent, or unethical behavior;
You provide false, misleading, or incomplete information; or
You violate applicable laws or attempt to exploit the Company’s services.

Termination shall not affect any rights or remedies accrued prior to termination, including but not limited to legal action, injunctive relief, or the enforcement of confidentiality and indemnity clauses.

20. Survival

The following provisions shall survive termination of this Agreement:

Section 2 (Affiliate Compensation)
Section 3 (Intellectual Property and Business Model Protection)
Section 4 (Data Security)
Section 4A (Service Impact Disclaimer)
Section 5 (Limitation of Liability)
Section 6 (Marketing Use License)
Section 7 (Confidentiality)
Section 8 (Disclaimer of Warranties)
Section 9 (Indemnification)
Section 10 (Billing, Refunds, Chargebacks)
Section 11 (Plugin Access)
Section 13 (Prohibited Uses)
Section 16 (Modifications and Assignment)
Section 17 (Governing Law & Statute of Limitations)
Section 21 (Entire Agreement & No Reliance)
Section 22 (Non-Solicitation)
Section 23 (Export & Sanctions Compliance)
Section 24 (Independent Contractor)
Section 25 (No SLA Guarantee)
Section 26 (Affiliate Disclosure)

21. Entire Agreement & No Reliance

This Agreement—including our Privacy Policy—constitutes the entire understanding between the parties and supersedes all prior proposals, discussions, or representations, whether written or oral. The Client acknowledges that they are not relying on any statement or promise not expressly contained herein.

22. Non-Solicitation

During the term of this Agreement and for twelve (12) months thereafter, the Client shall not solicit or hire any employee, contractor, or subcontractor of the Company without the Company’s prior written consent.

23. Export & Sanctions Compliance

The Client represents that they are not located in a country subject to U.S. embargo or on any U.S. government sanctions list and will not use the services in violation of export-control laws.

24. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. The Company is and shall remain an independent contractor.

25. No Service-Leve Guarantee

Unless expressly agreed in a separate, signed document, the Company provides no service-level agreement (SLA) or uptime guarantee.

26. Affiliate Disclosure

The Company may earn commissions from purchases made through affiliate links on this site; such links will never increase your cost.

27. Contact Information

The Free Website Guys LLC

📧 legal@thefreewebsiteguys.com

📬 8 The Green, Ste A, Dover, DE, 19901, USA

The Company will deliver any legal or billing notices to the primary e-mail address you provide during onboarding, and such notices will be deemed received when sent.