Terms of Service

These Terms of Service (“Terms”) govern access to and use of the BUILDYOURSNOW website, website design services, website care plans, and related digital services (together, the “Service”), operated by Secure Memories, LLC, doing business as BUILDYOURSNOW (“BUILDYOURSNOW,” “we,” “us,” or “our”).

BUILDYOURSNOW is one brand. It can be read as “Build Your Snow” or “Build Yours Now,” both refer to the same business and Service.

By purchasing, accessing, approving, or using the Service, you agree to these Terms. If you are acting on behalf of a business or other entity, you confirm you have authority to bind it, and “you” refers to that entity.

We provide website strategy, design, development, website care, and related digital services.

The scope of your project is set by the plan, invoice, proposal, or written agreement that applies to your purchase (the “Order”).

Nothing is included beyond what the Order or these Terms state. No feature, revision, page, or service is assumed. Work outside the agreed scope is additional work, and may require written approval, an added fee, and added time.

If a written Order conflicts with these Terms, the following order controls:

1. a signed written agreement, if any;
2. a written proposal, statement of work, or invoice you accepted;
3. the checkout or payment page for your purchase;
4. these Terms;
5. general website descriptions, plan summaries, or informal communications.

Website copy and marketing materials describe the Service in general terms. They do not expand your Order unless a document above expressly says so.

We build using our own software, coding workflows, design systems, and internal tools to deliver the Service efficiently.

Your Order covers the finished service and deliverables it describes, not our internal tools, source files, repositories, or production methods, unless we agree otherwise in writing.

You agree to provide the information, content, access, and approvals we reasonably need to do the work, for example business details, website copy, images, logins, and sign-off on decisions.

You are responsible for making sure anything you provide is accurate and properly licensed, and you confirm you have the right to use it.

You are responsible for reviewing the finished website before it goes live, including spelling, pricing, contact details, and any legal or regulatory language it needs to carry.

Delays on your end, such as incomplete materials, late approvals, a change in direction, or missing account access, can push back the timeline and may require an added fee.

Approvals, cancellation requests, and other official instructions must come to us in writing by email, unless we agree to another method in writing.

Texts, social media messages, and phone calls are fine for quick coordination, but they are not official unless confirmed by email or another method we accept.

You are responsible for checking the email address you give us. We are not responsible for delays caused by missed emails, spam filters, or an inbox you no longer monitor.

We aim to work quickly and professionally, but every delivery date, launch date, and completion estimate is just that, an estimate, unless we agree in writing to a specific deadline.

For most website builds, an initial draft is typically ready around five business days after we receive payment, content, and access. That is an average, not a promise.

For care plans that include basic content updates, requests are typically handled within one to two business days of receiving complete instructions and materials. Again, an average, not a promise.

Actual timing depends on project size, our workload, how quickly you respond, third-party delays, holidays, and similar factors outside a fixed schedule.

Rush work, guaranteed deadlines, and weekend or after-hours work are not included unless we agree to them separately, usually for an added fee.

Unless your Order says otherwise, a standard website build includes up to two rounds of revisions before launch.

A revision round is one consolidated set of change requests submitted after reviewing a draft, and must stay within the original scope. New pages, new features, a different design direction, or other changes that go beyond the original scope are not revisions, they are new work.

Extra revision rounds, repeated changes of direction, or rework caused by materials you gave us that were incomplete or incorrect may require a separate quote.

If you approve a draft or launch, ask us to go live, start using the site publicly, or do not respond to a review request within seven calendar days, we will treat that phase as accepted unless you flag a specific issue within that window.

Accepting a build does not affect your right to request updates under an active care plan. It just means that phase of the work is complete.

Unless your Order says otherwise, fees are due upfront, and we may hold off starting work until payment clears.

Payments are final and non-refundable, except where the law requires a refund or we agree to one in writing. Because planning, design, and setup work often begins shortly after payment, setup fees, custom work fees, and add-on fees are not refunded if you cancel, change direction, or decide not to proceed.

You are responsible for third-party costs your project needs or that you choose, such as domain registration, hosting upgrades, premium software, and similar vendor fees. Those providers are independent companies with their own billing, outages, and refund policies, and we are not responsible for them.

You are responsible for any taxes or government charges that apply to your purchase.

If you believe there is a billing issue, contact us first and give us a reasonable chance to review and resolve it.

If you file a chargeback or payment dispute without doing that first, we may pause all work and access to services until it is resolved.

You remain responsible for unpaid amounts, non-refundable fees, and any reasonable costs we incur responding to the dispute, to the extent permitted by law.

A payment dispute does not transfer ownership of source code, design files, or anything else not expressly transferred under these Terms.

Care plan features are limited to what is listed for the plan you purchase. Plans are meant to keep an existing website running, monitored, and modestly improved. They are not unlimited design, development, or marketing services.

Plans may depend on third-party infrastructure, such as Cloudflare, for hosting, DNS, security, or analytics. We manage the agreed scope, but we do not own or control those platforms.

Prices and features are shown on our website, checkout page, or in a written Order. If the two ever conflict, the written Order controls for that purchase.

A basic update request is one related set of small, non-structural changes to existing website content, for example fixing text, swapping an image you provide, updating a link or business hours, or posting a short announcement.

As an internal guideline, one request generally covers up to about 30 minutes of production time or five small item changes, whichever comes first. You do not need to calculate this yourself. We use it to decide whether a request fits as included, should be split into multiple requests, or needs a separate quote.

You need to provide complete, ready-to-use content: text, images, links, dates, and any approvals we need. Included requests do not cover writing new copy, editing photos, or tracking down unclear instructions.

Each request gets one implementation pass based on what you provide. Extra rounds, reversals, or rework caused by incomplete client-provided materials may count as a separate request or be billed as custom work.

New pages, redesigns, custom features, e-commerce, bookings, and anything that changes the site’s structure or purpose fall outside this standard. If a request looks like it exceeds scope, we will tell you before starting rather than after, and we will not retroactively bill for a request we already reviewed and completed as included, unless the scope changes after approval or the information you gave us was materially inaccurate or incomplete.

A seasonal visual refresh, when included in your plan, is a light, temporary visual update to an existing website area, for example holiday accents, a seasonal color change, a featured-service highlight, or a campaign banner.

As an internal guideline, each refresh generally covers up to about 120 minutes of production time. We will review the request first and let you know whether it fits your plan or needs a separate quote.

If we accept it as included, we will deliver it as agreed and will not add hourly fees just because it took longer than expected, unless the scope changes after approval or the information you gave us was materially inaccurate or incomplete.

A full redesign, a new page, new branding, custom illustration, or anything that changes the site’s structure or functionality is treated as custom work and quoted separately before we start.

Anything outside the included scope is quoted separately or billed at our custom rate: $75 per hour in reasonable increments, or $200 per standard informational page, unless a different written quote applies. We may require payment before starting.

Examples include additional pages, new sections, redesigns, custom forms, integrations, e-commerce, and similar work outside your plan.

We are not obligated to start out-of-scope work until the scope, timing, and fee are accepted in writing. If the scope later changes, or the information you gave us was materially incomplete or inaccurate, a new quote or additional fee may be required.

Add-ons are only included when purchased or expressly included in your Order.

The basic SEO setup add-on is a one-time service. It does not include ongoing campaigns, backlink building, or any ranking, traffic, or sales guarantee.

The signup integration add-on connects a form to a supported destination, such as a Google Sheet or newsletter platform. Email writing, sending, and audience management are not included unless separately agreed in writing.

The AI-assisted hero video add-on is one short background video, typically 6 to 10 seconds, built to match your site style and sized for desktop and mobile. It includes one to two revision rounds, not unlimited revisions or full video production.

E-commerce, complex forms, databases, bookings, memberships, and custom software features are quoted based on requirements.

You are responsible for owning and paying for your domain, unless we agree otherwise in writing.

Domain registration, DNS, and email hosting are typically provided by third parties under their own terms. We are not responsible for domain expiration, DNS errors, or account lockouts caused by those providers, missed payments, or circumstances outside our reasonable control.

If we help set up a domain connection, DNS, or a third-party account, that assistance is limited to the agreed task. It does not make us responsible for that account’s ongoing operation unless expressly agreed in writing.

Forms depend on third-party providers, spam filters, and inbox settings, so we cannot guarantee every submission or notification is delivered.

You are responsible for regularly checking the inbox, spreadsheet, or CRM where submissions are sent.

Unless we have expressly agreed in writing to build a compliant secure system, do not collect highly sensitive information through standard website forms, such as medical information, full Social Security numbers, payment card numbers, or passwords.

You are responsible for deciding what privacy policy, cookie notice, or consent language your business needs.

We may provide basic SEO setup, performance optimization, or analytics when your plan or Order includes it.

We do not guarantee rankings, traffic, leads, sales, conversions, or any specific business outcome. Performance depends on many factors outside our control, from third-party scripts to the visitor’s own device, browser, and connection.

Unless separately agreed in writing, our services do not include formal accessibility audits, ADA or HIPAA compliance review, or legal, tax, or financial advice.

We build for commonly used modern browsers and standard screen sizes within the agreed project scope.

We do not guarantee identical appearance or functionality on every browser, device, or unusual configuration. Fixes for compatibility issues outside the original scope, or caused by third-party scripts or provider changes, may require additional work.

We use commercially reasonable efforts to support security, performance, and availability within the scope of your plan, but no website, hosting environment, or third-party platform can be guaranteed uninterrupted, error-free, or immune from attack.

We are not responsible for downtime, data loss, or security incidents caused by third-party providers, compromised credentials, or circumstances outside our reasonable control.

Backup availability and retention periods are not guaranteed unless expressly included in your Order. Keep independent copies of important content, images, and records.

Emergency support, after-hours support, malware cleanup, and recovery from third-party failures are not included unless separately agreed in writing.

Unless you request otherwise in writing, you allow us to show your project, business name, logo, and a general description of the work in our portfolio, marketing materials, and social media.

If you request confidentiality in writing, we will make reasonable efforts to comply going forward.

You agree not to use the Service for anything unlawful, deceptive, or harmful, including malware, phishing, spam, or infringing on a third party’s rights.

We may suspend or terminate service if we reasonably believe your site, content, or business activity creates legal, security, or reputational risk to us or our other clients.

If you do not provide required materials, feedback, or approvals, we may pause the project.

If a project remains inactive due to client delay for 30 days or more, we may place it on hold. Restarting may require rescheduling and a restart fee or updated pricing.

If a project remains inactive for 60 days or more, we may close it. Payments remain non-refundable, and any remaining work may require a new Order.

Monthly website care plans continue until canceled. To cancel, notify us by email at info@buildyoursnow.com before your next billing date. Unless otherwise stated in writing, fees are not prorated or refunded after a renewal has processed.

If you cancel after a payment has already processed, your site may remain live through the end of that billing cycle, unless continued service would create legal, security, or payment risk.

After that cycle ends, we are not required to continue maintaining, updating, or supporting the website unless a new care or service agreement is active and paid.

We may pause updates, support, or project work on any account that is unpaid, past due, disputed, or otherwise not in good standing. You remain responsible for fees incurred before termination and any non-cancelable third-party costs.

The Service may rely on third-party platforms and providers, including hosting, DNS, domain registrars, analytics, form providers, payment processors, and similar vendors.

Those providers may change, suspend, or discontinue their services at any time. We are not responsible for third-party outages, errors, restrictions, price changes, or policy changes.

You agree that these Terms, Orders, invoices, approvals, and other records may be provided and accepted electronically.

Your electronic acceptance, payment, written approval, or continued use of the Service may be treated as acceptance of these Terms and the applicable Order.

You are responsible for keeping copies of invoices, receipts, and approvals related to your purchase.

To the maximum extent permitted by law, the Service, hosted website access, and project outputs are provided on an “as is” and “as available” basis.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that the website will achieve any particular result, including sales, leads, rankings, or revenue.

To the maximum extent permitted by law, Secure Memories, LLC (doing business as BUILDYOURSNOW), and its owners, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill.

To the maximum extent permitted by law, our total liability for any claim arising out of the Service will not exceed the amount you paid us for the specific Order giving rise to the claim during the three months immediately preceding that claim.

You agree to defend, indemnify, and hold harmless Secure Memories, LLC (doing business as BUILDYOURSNOW), and its owners, employees, contractors, and affiliates, from claims, damages, and reasonable attorneys’ fees arising out of:

1. your materials, content, claims, products, services, or business practices;
2. your use of the Service or website;
3. your breach of these Terms;
4. your violation of any law or third-party right;
5. your failure to provide accurate information, required approvals, or legally required disclosures;
6. third-party claims related to your website, business, or content; or
7. your collection, storage, or use of customer, visitor, or subscriber information.

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal action arising out of these Terms, the Service, or any Order must be brought in the state courts located in Collier County, Florida, or the federal courts serving Collier County, Florida, unless applicable law requires otherwise.

To the extent permitted by law, you and we agree to bring disputes only in an individual capacity, not as a plaintiff or class member in any class action or representative proceeding.

We may update these Terms from time to time. Updated Terms will be posted on this page with a new “Last updated” date. Continued use of the Service after that means you accept the update.

For an Order already in progress, the version of these Terms in effect at the time of purchase generally applies, unless an update is required by law, relates to an active care plan, or is otherwise accepted by you.

If any part of these Terms is found unenforceable, invalid, or unlawful, the remaining sections continue in effect to the maximum extent permitted by law.

Our failure to enforce any part of these Terms does not waive our right to enforce that part, or any other part, later.

Questions, cancellation requests, and official notices may be sent to: