Terms & Service Agreement

1. What's Included

1.1 Website Setup ($2,499 one-time) includes:

Design and development of up to 6 page templates (e.g. Home, About, Services, Gallery, Contact, plus one more) built on Xeaura's standard site framework; application of your branding (colors, typography, logo) to the site, or Xeaura's default visual system if you have none; layout and formatting of content and information you supply (Xeaura arranges and formats provided content but does not originate new copy — copywriting beyond light editing can be scoped as a separate Change Request); mobile-responsive layout tested at standard mobile, tablet, and desktop breakpoints; connection of one domain you own or purchase (registration cost is yours); foundational SEO — page titles, meta descriptions, basic schema markup, XML sitemap, and submission to Google Search Console; one contact form; up to two rounds of design revisions prior to launch, each round one consolidated set of feedback; and deployment of the completed site to production hosting.

1.2 Website Management ($249/month) includes:

Hosting on Xeaura's infrastructure; security monitoring and application of security patches to the site's underlying platform; automated daily backups, retained for 30 days; up to two minor content update requests per month (defined in Section 6); support per Section 7; and uptime and performance monitoring, with a summary available on request. Unused monthly allowances do not roll over month to month and are not refundable or creditable.

1.3 Website Only ($2,199 one-time):

The same design and development scope as Website Setup, minus domain configuration. No monthly Website Management plan is included — you can add it later if you want ongoing hosting, backups, and support.

2. What Is NOT Included

The following require a separate quote or the matching add-on — they are never included by default: major redesigns (a new visual direction, new page structure/navigation, or changes touching more than ~30% of existing pages); new features not present at launch (booking systems, e-commerce, membership/login areas, custom integrations); custom software development or bespoke applications; extensive content creation (copywriting beyond light editing, video production, illustration); third-party software, plugin, or service licensing fees; premium/paid plugin or theme licenses; API usage fees or per-transaction costs charged by third parties; paid advertising or ad management; additional development work beyond the monthly minor-update allowance; multi-language/translation; ongoing SEO or content marketing beyond the one-time foundational setup; site migrations to or from a third-party platform; and legal document drafting (Xeaura will install content you provide but does not draft it). Anything on this list can be scoped and quoted as a Change Request (Section 11).

3. Payment Terms

3.1 Setup fee.

Due 50% as a deposit before work begins, 50% before the site is deployed to production.

3.2 Recurring fee.

$249/month, charged automatically via Stripe to the payment method on file. Billing begins the day the website is deployed to production ("launch day"), not the day this agreement is signed.

3.3 Billing cycle.

Monthly, on the calendar date matching launch day (e.g. launched Jan 15 → billed the 15th each month).

3.4 Failed payments.

Xeaura will retry a failed charge within 3 days. If payment has not succeeded within 10 days of the failed attempt, the site may be suspended (Section 9.4) until payment is resolved.

3.5 Late payments.

Amounts unpaid more than 10 days past due may incur a late fee of 1.5%/month or the maximum allowed by law, whichever is lower.

3.6 Taxes.

Listed fees exclude applicable sales/use tax. Where Xeaura is legally required to collect it, it's added to the invoice.

3.7 Third-party fees.

Costs billed directly by third parties (domain registrars, payment processors, premium plugins, etc.) are your responsibility, separate from Xeaura's fees (Section 8).

4. Cancellation

4.1 How to cancel.

Written notice (email to Xeaura's support address is sufficient) at least 30 days before the desired cancellation date.

4.2 What happens to the site.

The site stays live and the plan stays active (and billed) through the end of the 30-day notice period. On the cancellation effective date, hosting is discontinued and the site goes offline within 7 days, unless you've arranged a buyout or migration (4.4). Cancelled sites are then frozen (offline, not deleted) for 30 days after the cancellation effective date; content is permanently deleted after that unless you arrange a buyout or export before the 30 days end.

4.3 Export / retrieval of content.

On request within 30 days of cancellation, Xeaura provides you your own content (text, images you supplied) — not the site's code or design files, which are covered by 4.4 and Section 5.

4.4 Purchase / transfer of the website.

Because the site is built on Xeaura's proprietary framework and components (Section 5.3), you don't automatically own the deployed site or its code on cancellation. To take the website with you, you may purchase a transferable copy for a one-time Website Buyout Fee of $1,499. Without a buyout, cancellation ends your right to use the site; Xeaura has no obligation to hand over source files — only your own raw content is provided on request (4.3).

4.5 Fees owed at cancellation.

Cancellation doesn't waive fees already due for the notice period. No refunds for partial months. The Setup fee is non-refundable once work has begun (3.1).

4.6 Xeaura-initiated termination.

Xeaura may terminate for nonpayment (9.4) or material breach, following the same offline timeline as 4.2 — except content that's illegal or actively harmful, which may be suspended immediately (12.6).

5. Ownership / Intellectual Property

5.1 Client-owned, always.

Your business name, logo (if pre-existing or supplied by you), and trademarks; content you supply — text, photos, product info — unless it's third-party licensed material; and your domain name registration.

5.2 Content created for you.

Once the Setup fee is paid in full, you're licensed (5.4) to use content Xeaura creates specifically for you — e.g. photos from the Photography add-on, or a logo from the Logo & Brand Identity add-on — for your own marketing.

5.3 Xeaura-owned / proprietary.

Xeaura retains full ownership of the underlying website framework, reusable code components, templates, and design system used to build sites; any proprietary tooling, scripts, infrastructure, or systems Xeaura uses to build, host, or manage client sites; and generic design elements, layout patterns, and UI components not unique to one client's brand. In plain terms: your specific site (your content and branding applied to Xeaura's framework) is licensed to you under 5.4 — but the framework itself, and every other client's site built on it, stay Xeaura's.

5.4 License granted to you.

While the Management plan is active and paid, Xeaura grants you a non-exclusive, non-transferable license to have your website hosted and displayed publicly on your domain. This license ends on cancellation unless you exercise the Buyout (4.4).

5.5 What a Buyout actually transfers.

If you exercise the Buyout (4.4), Xeaura will, on payment, hand over a standalone copy of your site's compiled code/files, with a limited, perpetual license to use, modify, and host that copy independently. This does not include Xeaura's broader framework, source templates, or systems beyond what's needed to run that one site — you keep your site, but can't resell or redistribute the underlying template/framework it was built on.

5.6 Third-party/licensed material.

Stock photos, fonts, icons, or plugins licensed from third parties stay subject to those license terms and may not transfer freely even after a buyout.

5.7 Domain.

Your domain is registered to (or transferred into) your own registrar account and is owned by you regardless of cancellation — Xeaura never claims domain ownership.

6. Maintenance

6.1 What's included.

Security updates to the site's platform/dependencies; bug fixes for functionality broken by Xeaura's own code or a platform update (not third-party breakage — 6.4); automated daily backups with 30-day retention; uptime/performance monitoring; and minor content edits (6.2).

6.2 “Minor” content update, defined.

A request that (a) needs no new design or layout work, and (b) takes roughly 30 minutes or less to complete. Examples: updating text, swapping a photo, changing a phone number or hours, fixing a typo, updating a price on an existing page. Up to 2 such requests/month are included; more than that, or anything exceeding ~30 minutes, is billed at $100/hour, quoted separately as a larger Change Request if the scope warrants it, or, at Xeaura's discretion, treated as one of next month's included requests instead.

6.3 What counts as a “major” change (requires a quote, not covered).

New pages or sections; restructured navigation or site architecture; a new design direction, color scheme, or rebrand; new functionality not present at launch; and anything estimated over ~30 minutes.

6.4 Third-party breakage.

If a third-party service you use (payment processor, booking widget, embedded map, etc.) breaks because of a change on their end, fixing it is a billable Change Request (Section 11) — unless it's an add-on Xeaura installed and actively maintains.

7. Support / Response Times

7.1 What support covers.

Questions about using the site, reporting something broken, and minor update requests (6.2). Not training on unrelated software, or general business/marketing consulting.

7.2 Business hours.

Monday–Friday, 9am–5pm Pacific Time.

7.3 Response time.

Standard requests: within 1 business day. That's a response time (acknowledgment + next step), not always a resolution time — a same-day reply doesn't guarantee a same-day fix.

7.4 Emergency support.

Defined narrowly: the site is completely down/inaccessible, or there's evidence of a security breach. Emergencies get a response within 4 hours during business hours (7.2). Xeaura does not offer after-hours or weekend coverage — emergencies reported outside business hours are handled at the start of the next business day.

7.5 Support channel.

Email ([email protected]) is the official channel; Xeaura isn't obligated to act on requests sent via text/DM/social media, though it may as a courtesy.

7.6 What is NOT support.

Feature requests, design changes, and anything in Section 2 are Change Requests (Section 11), not support tickets — even if sent to the support inbox.

8. Third-Party Services

8.1 Who pays for what.

You pay for domain registration/renewal, business email (e.g. Google Workspace), premium plugins/themes, APIs and per-use fees (SMS, payment processing, etc.), stock images/video beyond what Setup includes, and payment processor transaction fees. Xeaura's own hosting infrastructure is included in the Management fee.

8.2 Whose name accounts are in.

Where practical, third-party accounts — domain registrar, Google Workspace, payment processor — are created and owned in your name/account, with Xeaura given access to configure them. This protects you: if you ever leave, you keep your domain, email, and payment processor account no matter what happens to the website itself.

8.3 No liability for third-party issues.

Outages, price changes, or policy changes by registrars, Google, payment processors, etc. are outside Xeaura's control (see also 12.3, Force Majeure).

9. Website Performance / Availability

9.1 Hosting.

Xeaura hosts client websites on Vercel or a functionally equivalent platform.

9.2 Uptime.

Xeaura targets high availability but does not guarantee 100% uptime, and does not promise a specific uptime percentage (e.g. a “99.9% SLA”) at these plan tiers.

9.3 Scheduled maintenance.

Xeaura may briefly take a site offline for maintenance or updates, with reasonable effort to schedule outside your known peak hours.

9.4 Suspension for nonpayment.

A site may be suspended (taken offline, not deleted) if payment is more than 10 days overdue (3.4). Suspension lifts promptly once payment is received; repeated nonpayment may lead to termination (4.6).

9.5 Outside Xeaura's control.

Xeaura isn't responsible for downtime caused by your domain/DNS provider, third-party services embedded in the site, broader internet infrastructure outages, or force majeure events (12.3).

10. Client Responsibilities

10.1 Accurate information/content.

You provide accurate, complete business information and content (text, images, logos) needed to build and maintain the site, and review it for accuracy before launch.

10.2 Timely approvals.

You agree to review and approve designs/drafts within 5 business days of Xeaura sending them. Delayed feedback may delay the project timeline without extending any deadline-based promises (e.g. Rush Delivery).

10.3 Credentials/access.

Where necessary, you provide timely access to accounts (domain registrar, existing hosting, third-party services) required to do the work.

10.4 Legal compliance.

You are solely responsible for ensuring your business, content, and any products/services sold through the site comply with applicable law — accessibility requirements, industry-specific regulations, advertising claims, privacy law for data you collect, etc. Xeaura does not provide legal review of your content.

10.5 Responding to requests.

You agree to respond to Xeaura's reasonable requests for information or feedback in a timely manner; delays caused by your non-response aren't Xeaura's responsibility.

10.6 Paying third parties.

You maintain and pay for your own third-party services (Section 8) and keep those accounts in good standing.

10.7 Business-purpose transaction.

You confirm you are entering this agreement as a business, for business purposes — not as an individual acquiring services for personal, family, or household use. This is a commercial (business-to-business) contract on that basis.

11. Change Requests

11.1 Minor changes

(defined in 6.2) are included in the Management plan, up to the monthly limit.

11.2 Major changes / custom development

(defined in 6.3, and anything in Section 2) require a separate written quote, approved — and typically deposited on — by you before work begins.

11.3 Quote validity.

Change Request quotes are valid for 30 days from the date given.

11.4 Ambiguous requests.

If it's unclear whether something is minor or major, Xeaura makes a good-faith call and tells you before starting work; you can decline a major-change quote with no obligation.

12. General Terms

12.1 Limitation of liability.

To the maximum extent permitted by law, Xeaura's total liability under this agreement is limited to the amount you paid Xeaura in the 3 months preceding the claim. Xeaura is not liable for indirect, incidental, consequential, or lost-profit damages, even if advised such damages were possible.

12.2 Indemnification.

You indemnify and hold Xeaura harmless from claims arising out of (a) content you supplied, (b) your business practices or products/services, or (c) your violation of this agreement or the law. Xeaura indemnifies you only for claims that Xeaura's own proprietary framework/code — not your content — directly infringes a third party's IP.

12.3 Force majeure.

Neither party is liable for delays or failures caused by events outside their reasonable control — natural disasters, internet/infrastructure-wide outages, war, pandemic, government action, and similar. Payment obligations already accrued are not excused by this clause.

12.4 Data / privacy.

Xeaura handles personal data it processes on your behalf (e.g. contact-form submissions) responsibly and only as needed to provide the service. You are responsible for having your own privacy policy/terms on your site for data your business collects from your customers.

12.5 Confidentiality.

Both parties keep the other's non-public business information confidential, disclosing it only as needed to perform this agreement or as required by law.

12.6 Suspension/termination for cause.

Xeaura may suspend or terminate service immediately, without the standard 30-day notice, if your site is used for illegal activity, to distribute malware, or in a way that threatens the security or availability of Xeaura's infrastructure or other clients' sites.

12.7 No guarantee of results.

Xeaura does not guarantee specific business outcomes — traffic, leads, sales, or search rankings — from the website or any SEO work performed.

12.8 Assignment.

Neither party may assign this agreement without the other's written consent, except Xeaura may assign it as part of a sale or transfer of its business.

12.9 Entire agreement / amendments.

Once accepted, this agreement is the entire understanding between the parties about the website; changes must be in writing and accepted by both. Xeaura may update its standard terms for new plans/features with notice, but a change materially affecting an existing client's plan needs that client's acceptance to apply to them.

12.10 Governing law / dispute resolution.

This agreement is governed by the laws of the State of California. Disputes are first addressed through good-faith negotiation; if unresolved after 30 days, either party may bring it in the state or federal courts with jurisdiction over Xeaura's principal place of business in California.