Welcome to The Website Makeover, a division of Metrix Marketing (“Company,” “we,” “us,” or “our”). By accessing our website, purchasing services, or engaging with us in any way, you agree to these Terms of Use (“Terms”). If you do not agree with these Terms, you may not use our website or services.
These Terms govern all website design, development, hosting, maintenance, digital marketing, consulting, automation, AI-assisted content, and related services provided by The Website Makeover.
1. Services
We provide website-related services including, but not limited to:
- Website design and redesign
- WordPress development
- Website hosting
- Website maintenance
- SEO, AEO, GEO, and CRO optimization
- Copywriting and content refresh services
- Landing pages and funnel development
- CRM and automation integrations
- AI-assisted website and content production
- Technical support
- Strategy and consulting services
Project scope, deliverables, pricing, timelines, and included features are defined in your selected package, invoice, proposal, checkout page, onboarding form, or written agreement.
We reserve the right to refuse service to anyone for any lawful reason.
2. Eligibility & Acceptable Use
By using our website or services, you confirm that:
- You are at least 18 years old or legally authorized to enter into binding agreements.
- All information you provide is accurate and complete.
- You will not use our website or services for unlawful, fraudulent, abusive, defamatory, misleading, or harmful purposes.
- You will not attempt to disrupt, damage, scrape, reverse engineer, exploit, or gain unauthorized access to our systems, hosting environments, websites, forms, automations, or infrastructure.
You may not upload or submit any content containing malware, viruses, malicious code, illegal material, infringing material, or content that violates applicable laws or third-party rights.
3. Client Responsibilities
You are responsible for:
- Providing all required content, branding assets, credentials, approvals, and materials needed for the project unless otherwise specified.
- Ensuring you have legal rights to all text, images, logos, videos, trademarks, and materials supplied to us.
- Reviewing all deliverables before launch.
- Verifying factual accuracy, legal compliance, and business information on your website.
- Maintaining backups and records of your own business information where applicable.
You acknowledge that delays in communication, approvals, feedback, or content delivery may impact project timelines.
We are not responsible for delays caused by incomplete submissions, lack of communication, missed approvals, or inaccessible third-party systems.
4. AI-Assisted Production
Some services may involve the use of AI-assisted tools, automation platforms, templates, or machine-generated outputs to support website development, copywriting, design, SEO, workflows, or content creation.
By using our services, you acknowledge and agree that:
- AI-assisted outputs may require human review and revision.
- You are responsible for reviewing all final content prior to publication.
- We do not guarantee originality, exclusivity, legal compliance, factual accuracy, ranking performance, or business outcomes from AI-generated materials.
- Certain layouts, code structures, frameworks, prompts, or workflows may be reused across projects.
5. Payments & Billing
Unless otherwise agreed in writing:
- A 50% non-refundable deposit is required before work begins.
- Remaining balances are due prior to website launch, transfer, or final delivery.
- Monthly subscriptions, hosting, maintenance, or recurring services are billed in advance.
- Failure to pay invoices may result in paused work, suspension of services, restricted access, website downtime, or termination.
We reserve the right to charge late fees, collection costs, administrative fees, or interest on overdue balances where permitted by law.
All pricing is listed in USD Dollars (USD) unless otherwise stated.
6. Refunds & Cancellations
Due to the custom and digital nature of our services:
- Deposits become non-refundable once work has started.
- Payments for completed work, strategy, consultations, digital deliverables, AI-generated work, setup work, or development hours are non-refundable.
- Subscription services may be canceled at any time unless otherwise stated, but no prorated refunds will be issued for partially used billing periods.
- If a project is canceled by the client after work begins, all completed work and hours rendered remain billable.
We reserve the right to terminate projects or services for non-payment, abusive conduct, chargebacks, unlawful activity, or breach of these Terms.
7. Revisions & Scope Changes
Most projects include reasonable revisions based on the selected package.
“Unlimited revisions” or similar language refers to revisions within the originally agreed project scope. Excessive revisions, major redesigns, additional functionality, content rewrites, strategy changes, or scope expansion may require additional fees.
We reserve the right to determine whether a request falls outside the original scope.
8. Timelines & Delivery
Estimated turnaround times are estimates only and are not guaranteed.
Project timelines depend on:
- Client responsiveness
- Timely approvals
- Third-party systems
- Hosting environments
- Plugin compatibility
- Content delivery
- Technical limitations
- Scope complexity
We are not liable for delays caused by third-party providers, outages, API limitations, software conflicts, platform policy changes, registrars, hosting companies, or events beyond our reasonable control.
9. Hosting, Maintenance & Third-Party Services
Hosting, maintenance, plugins, software licenses, APIs, domains, email systems, and third-party integrations may be provided directly by us or through third-party vendors.
We do not guarantee uninterrupted uptime, security, compatibility, ranking performance, or platform availability.
Third-party providers may include:
- WordPress
- WooCommerce
- Stripe
- Meta
- Cloudflare
- Elementor
- Kadence
- HighLevel
- OpenAI
- Hosting providers
- Plugin developers
- DNS providers
- Analytics platforms
You acknowledge that third-party outages, security incidents, pricing changes, discontinued software, API limitations, or policy changes are outside our control.
Failure to maintain active hosting, licensing, or maintenance services may impact website functionality, compatibility, or security.
10. Website Access & Handover
Upon final payment, you will receive administrative access to the website and associated accounts where applicable.
Certain proprietary systems, licensed assets, premium plugins, frameworks, automation structures, templates, processes, or internal tools may remain under our ownership and may not be transferred unless specifically agreed in writing.
We reserve the right to revoke temporary access granted during development if invoices remain unpaid.
11. Intellectual Property
Upon full payment:
- You own your final approved website content and custom deliverables created specifically for your project.
- Third-party assets, licensed software, stock imagery, fonts, plugins, templates, frameworks, and external tools remain subject to their respective licenses.
- We retain ownership of proprietary systems, workflows, methods, frameworks, prompts, automation structures, reusable code libraries, templates, and internal development processes.
You may not resell, redistribute, duplicate, reverse engineer, or commercially exploit our proprietary systems without written permission.
12. Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display completed work, screenshots, mockups, branding, designs, case studies, analytics, or project summaries in our portfolio, social media, advertising, presentations, or promotional materials.
13. SEO, Rankings & Performance Disclaimer
We do not guarantee:
- Google rankings
- AI search visibility
- Traffic increases
- Leads
- Revenue
- Conversion rates
- Search engine indexing
- Featured snippets
- GEO/AEO visibility
- Advertising results
- Platform approvals
- Business growth outcomes
Search engines, AI systems, algorithms, ad platforms, and ranking systems change frequently and remain outside our control.
14. Limitation of Liability
To the maximum extent permitted by law:
- Our services are provided “as is” and “as available.”
- We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, availability, or uninterrupted service.
- We are not liable for indirect, incidental, consequential, special, punitive, or business damages including lost profits, lost revenue, data loss, downtime, ranking loss, cyber incidents, reputational harm, or business interruption.
Our total liability for any claim related to our services shall not exceed the total amount paid to us for services within the three (3) months preceding the claim.
15. Indemnification
You agree to defend, indemnify, and hold harmless Metrix Marketing, The Website Makeover, affiliates, contractors, employees, and partners from any claims, damages, liabilities, costs, losses, or legal expenses arising from:
- Your use of the website or services
- Your content or materials
- Your business practices
- Copyright or trademark disputes
- Privacy violations
- Regulatory violations
- Illegal or misleading claims
- Breach of these Terms
16. Privacy & Data Protection
Your use of our services is also governed by our Privacy Policy.
You are responsible for ensuring your website complies with applicable laws including, where applicable:
- PIPEDA
- GDPR
- CAN-SPAM
- CASL
- CCPA
- Accessibility regulations
- Cookie disclosure requirements
We are not responsible for legal compliance unless explicitly contracted to provide those services.
17. Communications
By submitting forms, purchasing services, booking consultations, or communicating with us, you consent to receive emails, invoices, service notifications, project updates, and administrative communications from us.
We may use automated systems, CRM platforms, AI tools, email systems, and communication software to manage client interactions.
18. Suspension & Termination
We reserve the right to suspend or terminate services immediately, without refund, if:
- Payments are overdue
- Abuse or harassment occurs
- Fraudulent activity is suspected
- Chargebacks are initiated
- Illegal activity occurs
- These Terms are violated
Upon termination, your access to active services, hosting, accounts, or platforms may be revoked.
19. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
Any disputes shall be resolved in the courts located in British Columbia, Canada.
20. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control including:
- Internet outages
- Cyberattacks
- Hosting failures
- Software outages
- Government actions
- Natural disasters
- Labor disruptions
- Vendor failures
- AI platform outages
- Third-party platform changes
21. Changes to These Terms
We may update these Terms periodically without prior notice. Continued use of our website or services constitutes acceptance of the updated Terms.
The latest version will always be posted on our website.
22. Entire Agreement
These Terms constitute the complete agreement between you and The Website Makeover regarding use of our services and supersede all prior discussions, understandings, or agreements unless otherwise stated in writing.
If any provision is deemed unenforceable, the remaining provisions remain in full force and effect.
23. Contact Information
The Website Makeover
A division of Metrix Marketing