Terms of Service

Effective Date: November 21, 2025

Last Updated:

1. Agreement Overview

These Terms of Service ("Terms") govern the website design, development, and hosting services ("Services") provided by Mammoth Digital Systems ("we," "us," "our") to you ("Client," "you," "your"). By purchasing our Services, you agree to these Terms.

If anything is unclear, please ask! I'm happy to explain any part of these Terms before you commit to working together.

2. Services Provided

We offer three tiers of website design and hosting services:

2.1 Starter Package ($599 setup + $25/month hosting)

  • 5-page professional website
  • Mobile responsive design
  • Contact form setup
  • Basic SEO setup
  • Worry-free hosting (no updates needed)
  • SSL certificate
  • 30 days of free post-launch support for technical issues

2.2 Plus Package ($1,299 setup + $35/month hosting)

  • Up to 10-page custom website
  • Content management system with client access
  • Blog setup and recorded training
  • Contact form setup
  • SEO optimization
  • Google Business Profile setup
  • Worry-free hosting
  • SSL certificate
  • 30 days of free post-launch support for technical issues

2.3 Premium Package (Starting at $2,499)

  • Custom WordPress website
  • Advanced content management
  • WordPress security configuration
  • Advanced SEO package
  • 3rd party integrations
  • Recorded training videos
  • Optional managed hosting: $60/month
  • Optional self-managed hosting: $45/month
  • SSL certificate
  • 30 days of free post-launch support for technical issues

2.4 Additional Services

  • Professional email setup (Google Workspace): $100 setup
  • Domain & DNS management: $100/year + domain cost
  • Professional copywriting: $100/page
  • Commercial photography: Custom quote
  • Additional development work: $75/hour (billed in 15-minute increments)

3. Payment Terms

3.1 Setup Fees

  • 50% deposit required to begin work
  • Remaining 50% due before site launch
  • Payment accepted via credit or debit card, bank payment (ACH), Apple Pay

3.2 Hosting Fees

Monthly Billing (Default):

  • Charged automatically on the same day each month
  • First payment due at launch
  • Includes hosting, SSL certificate, automatic backups, and uptime monitoring

Annual Billing (Optional):

  • Pay for 12 months upfront
  • Receive 10% discount
  • Annual payment due 30 days before renewal date

3.3 Additional Work

  • Billed at $75/hour in 15-minute increments
  • Invoiced monthly for work performed
  • Payment due within 15 days of invoice date

3.4 Late Payments

  • Hosting services may be suspended if payment is 15 days past due
  • $25 late fee applied to payments more than 30 days overdue
  • Site will be taken offline if payment is 60 days past due
  • Client responsible for all collection costs if legal action is required

3.5 Domain & DNS Management

  • Annual fee of $100 + actual domain registration cost (typically $12-20/year)
  • Domain renewal payment due 30 days before expiration
  • Client will receive reminder emails before renewal is due

4. Project Scope & Revisions

4.1 Included Revisions

  • Starter Package: 2 rounds of revisions during design phase
  • Plus Package: 3 rounds of revisions during design phase
  • Premium Package: 5 rounds of revisions during build phase

4.2 Scope Changes

  • Changes beyond agreed-upon scope billed at $75/hour
  • Major scope changes may require new timeline and pricing
  • All scope changes must be agreed upon in writing via email

4.3 Client Responsibilities

  • Provide all content (text, images, logos) in timely manner
  • Review and provide feedback within 5 business days of each revision
  • Provide constructive, specific feedback
  • Delays caused by late content or vague feedback may extend project timeline

4.4 Project Timeline

  • Timeline begins when deposit is received and all content is provided
  • Estimated completion dates are goals, not guarantees
  • Delays caused by client content delays will extend timeline accordingly
  • We will communicate any anticipated delays as soon as possible

5. Support & Response Times

5.1 Free Post-Launch Support (First 30 Days)

  • Covers technical issues, minor content changes and bugs only
  • Does not cover larger content updates, design changes, or new features
  • Standard response time: Within 48 hours (business days)

5.2 Regular Support (After 30 Days)

  • Standard response time: Within 48 hours (business days)
  • Regular support rate: $75/hour (billed in 15-minute increments)
  • Covers content updates, design tweaks, minor functionality changes
  • Submit requests via email to support@mammothdigital.systems

5.3 Emergency Support

  • Available 7 days/week, 365 days/year
  • Response time: Within 24 hours
  • Emergency rate: $115/hour
  • Minimum 30-minute billing increment
  • Emergency support covers:
    • Website completely down
    • Critical security issues
    • Major functionality broken affecting business operations
    • Hosting/server/DNS issues preventing site access

5.4 Emergency Support Protocol

  1. Email support@mammothdigital.systems with subject line: "EMERGENCY - [Your Business Name]"
  2. Include detailed description of the issue
  3. Include website URL
  4. You will receive response within 24 hours

5.5 Monthly Maintenance Packages (Optional)

  • Starting at $150/month for 2 hours of updates
  • Includes regular content updates, minor design changes, plugin updates (WordPress)
  • Hours do not roll over to following months
  • Additional hours beyond package limit billed at $75/hour

5.6 Support Availability & Limitations

  • While every effort will be made to maintain stated response times, unexpected circumstances (illness, personal emergencies, family situations, or other unforeseen events) may occasionally impact availability
  • Planned absences will be communicated at least 2 weeks in advance when possible
  • In case of unexpected unavailability, communication will be provided as soon as reasonably possible
  • Support requests submitted through incorrect channels (e.g., non-emergency issues submitted as emergencies) will be handled according to their actual priority level

6. Hosting Terms

6.1 What's Included

  • Professional hosting infrastructure with 99%+ uptime rating
  • SSL certificate (https security)
  • Automatic daily backups (retained for 30 days)
  • Uptime monitoring with proactive notification of issues
  • DDoS protection and security monitoring
  • Server maintenance and updates

6.2 Resource Limits

  • Base hosting covers standard small business website usage
  • "Standard usage" defined as:
    • Up to 10,000 visitors per month
    • Up to 20GB storage
    • Up to 50GB monthly bandwidth
    • Standard business contact forms (not high-volume form submissions)

6.3 Excessive Usage

Additional costs may apply for:

  • Traffic exceeding 10,000 visitors per month
  • Storage exceeding 20GB
  • Bandwidth exceeding 50GB per month
  • High-volume form submissions or email sending
  • Resource-intensive features or custom functionality

Any required hosting upgrades will be:

  • Discussed with you in advance
  • Agreed upon before implementation
  • Prorated for the remainder of your billing period

6.4 Uptime & Monitoring

  • I actively monitor all hosted sites for downtime
  • In case of extended outages from hosting providers, I will:
    • Communicate the issue to you as soon as I'm aware
    • Work with the hosting provider to resolve it
    • Provide updates on resolution timeline
  • All hosting providers used have 99%+ uptime SLAs

6.5 Backups

  • Automatic backups included
  • Backups retained for 30 days
  • Backup restoration during first 30 days: Free
  • Backup restoration after 30 days: $75/hour
  • Client responsible for maintaining their own additional backups if desired
  • I am not responsible for data loss due to client actions or third-party failures

6.6 Service Cancellation

  • 30 days written notice required to cancel hosting
  • No refunds on monthly or annual hosting fees
  • Website files will be provided to you upon cancellation
  • After cancellation, site will remain live for 30 days to allow for migration
  • After 30 days, site and all backups will be permanently deleted

7. Ownership & Intellectual Property

7.1 Client Content

  • You retain full ownership of all content you provide (text, images, logos, etc.)
  • By providing content, you grant us license to use it for your website project
  • You warrant that you have rights to all content provided
  • You are responsible for ensuring content doesn't infringe on third-party rights

7.2 Final Website

  • Upon final payment, you own the completed website and its custom design
  • You receive full access to edit and manage your site (Premium package)
  • You may move your website to another host at any time (Premium package only, after final payment)

7.3 Code & Templates

  • Base code frameworks, templates, and reusable components remain our property
  • You receive a license to use these components for your website
  • You may not resell, redistribute, or repurpose the underlying code

7.4 Portfolio Rights

  • We reserve the right to showcase your website in our portfolio
  • We may use screenshots and project details as examples of our work
  • If you prefer privacy, please notify us and we will exclude your project

8. Warranties & Limitations

8.1 Our Warranties

We warrant that:

  • Services will be performed in a professional, workmanlike manner
  • Website will function as described in the agreed-upon scope
  • Website will be mobile-responsive and work in modern browsers
  • Website will include agreed-upon features and functionality

8.2 Client Warranties

You warrant that:

  • You have authority to enter into this agreement
  • All content provided is accurate and you have rights to use it
  • You will use the website legally and ethically
  • You will maintain your hosting payments to keep site online

8.3 Limitation of Liability

We are not liable for:

  • Third-party service disruptions: Web host outages, domain registrar issues, email service problems, SSL certificate authority issues, payment processor downtime, or other third-party technical failures
  • Content issues: Accuracy of client-provided content, copyright infringement from client content, or consequences of published content
  • Circumstances beyond control: Natural disasters, internet infrastructure failures, DDoS attacks, government actions, or other force majeure events
  • Business losses: Lost profits, lost business opportunities, or consequential damages
  • User actions: Client modifications to the site that cause issues, client sharing of login credentials, or client-initiated changes

8.4 Maximum Liability

Our total liability for any claim arising from our services will not exceed the total amount you paid for the specific service in question (setup fee + 3 months of hosting).

8.5 Third-Party Assistance

While we will assist in resolving third-party issues to the best of our ability, resolution timeframes depend on third-party providers' response times and are outside our control.

8.6 No Refunds for Third-Party Issues

No refunds will be issued for service interruptions caused by third-party providers or circumstances beyond our reasonable control.

9. Termination

9.1 Termination by Client

You may terminate services at any time with 30 days written notice. Upon termination:

  • All outstanding invoices become immediately due
  • No refunds on work already performed or hosting fees paid
  • We will provide website files within 15 days of final payment
  • Site will remain live for 30 days to allow for migration

9.2 Termination by Us

We may terminate services if:

  • Payment is more than 60 days overdue
  • You violate these Terms
  • You use the website for illegal purposes
  • You engage in abusive behavior toward us

Upon termination by us:

  • 15 days written notice will be provided (except for illegal use or abuse)
  • You will receive website files after all outstanding invoices are paid
  • No refunds will be issued

9.3 Effect of Termination

  • All outstanding fees become immediately due
  • Our obligation to provide services ends
  • Backup retention ends (backups permanently deleted after 30 days)
  • Domain & DNS management services end (we'll assist with transfer)

10. Confidentiality

10.1 Your Information

  • We will not share your business information with third parties
  • We will not sell or rent your contact information
  • We may use your information to:
    • Complete your project
    • Communicate about services
    • Send occasional service updates (you may opt out)

10.2 Login Credentials

  • We will securely store login credentials needed for your project
  • Credentials will not be shared with third parties
  • We recommend changing passwords after project completion if you prefer

11. Communication & Updates

11.1 Primary Communication

  • All project communication via email
  • Phone calls available by appointment after initial email discussion
  • Project updates provided at key milestones

11.2 Service Updates

  • We may update these Terms periodically
  • Notice of material changes will be provided to clients 30 days in advance via email
  • Continued use of services after changes constitutes acceptance
  • Current Terms always available at www.mammothdigital.systems/terms-of-service

12. Dispute Resolution

12.1 Good Faith Resolution

Before pursuing legal action, both parties agree to make a good faith effort to resolve disputes through direct communication.

12.2 Jurisdiction

These Terms are governed by the laws of the State of Wisconsin. Any legal disputes will be resolved in the courts of Dane County, Wisconsin.

13. General Terms

13.1 Entire Agreement

These Terms, along with any signed proposals or statements of work, constitute the entire agreement between us and supersede any prior agreements or understandings.

13.2 Amendments

These Terms may only be amended in writing, signed by both parties, or through our formal update process described in Section 11.2.

13.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

13.4 No Waiver

Failure to enforce any provision doesn't waive our right to enforce it later.

13.5 Assignment

You may not transfer these Terms to another party without our written consent. We may assign these Terms to another entity with notice to you.

14. Contact Information

Questions about these Terms? Contact us:

Email: hello@mammothdigital.systems

Business Name: Mammoth Digital Systems

Response Time: We will respond to terms of service inquiries within 30 days.

15. Acceptance

By purchasing our services, submitting a deposit, or signing a proposal that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for choosing Mammoth Digital Systems for your website needs!