SmallDot Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern all services provided by SmallDot LLC (“SmallDot,” “we,” “us,” or “our”). By engaging our services, you (“Client” or “you”) agree to be bound by these Terms.

These Terms apply to all projects, services, hosting environments, and related deliverables provided directly or indirectly by SmallDot, including services connected to HostHuski.

2. Scope of Services

SmallDot provides custom website design, development, consulting, and related digital services.

All services are:

• Custom in nature
• Based on defined project scope
• Dependent on client communication and materials

We do not guarantee specific outcomes, including but not limited to:

• Deadlines
• Performance results
• Search rankings
• Conversion rates

2.1 Advisory and Recommendations Disclaimer

From time to time, SmallDot may provide guidance, suggestions, or recommendations related to business strategy, marketing, user experience, technology, or other operational matters (“Advice”).

ALL SUCH ADVICE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND REFLECTS OPINION BASED ON EXPERIENCE, NOT GUARANTEES OF RESULTS.

YOU AGREE THAT:

• You are solely responsible for evaluating and implementing any Advice
• Any decisions made based on Advice are made at your sole discretion and risk
• SmallDot is not responsible for outcomes resulting from the use or non-use of any Advice

Nothing provided by SmallDot constitutes legal, financial, accounting, or other licensed professional advice.

3. Project Terms

3.1 Project Start

Projects begin within one (1) business day after:

• Initial payment is received, and
• Required materials are provided

Delays in providing materials may delay project start and timeline.

3.2 Project Completion

A project is considered complete when:

• Work has been fulfilled according to the agreed scope, and
• The Client’s account is paid in full

3.3 Delays and Abandonment

Project timelines may be affected by:

• Scope changes
• Delayed communication
• Missing materials
• Payment delays

If a project is delayed for more than 90 days due to Client inaction, SmallDot may:

• Pause or abandon the project
• Require additional payment to resume
• Reassess the project cost according to applicable updated rates and fees

3.4 Scope Changes and Additional Costs

Any work outside the agreed scope will incur additional charges, including:

• Revisions beyond reasonable limits
• New features or requests not previously agreed to
• Structural or directional changes that require extensive changes after a decision was already made and approved

4. Ownership and Access

4.1 Website Ownership

Ownership of a website is determined as follows:

• Upon full payment, ownership transfers to the party who paid the final invoice
• However, the party responsible for hosting billing through HostHuski is considered the controlling Website Owner

4.2 Administrative Access

The Website Owner:

• Has full administrative control
• May grant or revoke access at any time

SmallDot is not responsible for access changes made by the Website Owner. Provide user access at your own risk.

5. Fees, Billing, and Payments

5.1 Billing Structure

Hourly work is billed according to the currently billable rate at a minimum billable charge of 10 minutes.

5.2 Invoice Terms

• All invoices are due upon receipt and allow up to 30 days for payment before expiration.

Completed work will not be delivered until all accounts are paid in full.

5.3 Payment Methods

We accept credit and debit cards. Bank transfers may be accepted at our discretion.

5.4 Payment Plans

Payment plans may be offered at our discretion and include an additional 10% fee.

6. Refunds and Chargebacks

All sales are final.

• No refunds are issued for completed or in-progress work
• Deposits may be refunded within 48 hours if no work has begun

Chargebacks

Clients agree not to initiate chargebacks for valid services.

If a chargeback is initiated:

• Services may be suspended or terminated
• A $150 reactivation fee may apply
• Access to services may be permanently revoked

7. Third-Party Services and Licensing

7.1 Client Responsibility

You are responsible for ensuring that all content provided:

• Is owned by you or properly licensed
• Does not violate any laws or third-party rights

7.2 Licenses

Websites may include licensed versions of third-party tools such as:

• HostHuski Tools
• Divi
• Formidable Forms Pro

These licenses:

• Are owned by SmallDot unless explicitly transferred
• May be removed at any time
• Must be replaced by the Client upon termination where applicable

7.3 License Limitations

Clients do not gain ownership rights to:

• Themes
• Plugins
• Licensed media
• API integrations

8. Privacy and Data Handling

We collect and use data only as necessary to:

• Deliver services
• Support transactions
• Provide support

We do not sell or share personal data without your express permission.

For full details, see our privacy policy:
https://smldt.co/privacy

9. Hosting and Platform Terms

Hosting services are provided through HostHuski and are subject to its terms. Please see those terms by visiting https://hosthuski.com/terms.

While SmallDot is happy to assist, clients are ultimately responsible for:

• Hosting accounts
• Domain management (including expiration)
• DNS configuration
• Third-party services

10. Termination and Off-boarding

10.1 30-Day Notice Requirement

Clients must provide a minimum of 30 days written notice to SmallDot to terminate services. There is NO fee to cancel and NO fee to assume full control of your website as long as you provide 30 days notice.

Note: If you want to take over your website management responsibilities and cease services from SmallDot but CONTINUE services from HostHuski, you are NOT required to provide notice of termination UNLESS you plan to move the site away from HostHuski.

Terminating services with one of our partners (except HostHuski), or providing notice of termination to one of our partners does not mean you are providing notice or initiating off-boarding with SmallDot.

10.2 Off-boarding Process

During this period, SmallDot will:

• Prepare files and assets developed during your client relationship
• Review site dependencies to ensure all third-party licenses are accounted for
• Remove licensed components that are on loan to you
• Prepare the site for transfer so you can move to your new provider safely and seamlessly

10.3 Migration Restrictions

Clients may NOT:

• Migrate,
• Duplicate,
• or transfer the website in whole or in part

Until:

• A 30-day notice of termination is provided and received, AND
• SmallDot confirms the site is ready for move

Failure to follow this process may result in:

• Broken functionality
• Licensing violations
• Service disruption
• Enforcement action to protect our digital and intellectual property rights

10.4 License Removal

All SmallDot-owned licenses and integrations will be removed prior to transfer.

Note: This may impact functionality.

Thus, Clients and/or their new provider are responsible for:

• Replacing licenses
• Restoring functionality

A list of required replacements will be provided.

10.5 Migration Services

Outbound migration services are optional but NOT included.

• Note: Most providers offer migration services
• We offer outbound migration services, if you need, for a one-time fee.

10.6 Hosting, Domains, and Billing

Clients are responsible for:

• Canceling services they no longer want
• Managing domains and DNS
• Coordinating transitions

Failure to address these responsibilities may result in continued billing, downtime, or service disruption.

10.7 Assets and Deliverables

Clients will receive access to a client folder containing:

• Native design files
• Exported/deliverable design files
• Licensed stock media
• Any other project assets

Important:

• This does not include any website backups
• Access expires after 60 days
• Clients must download files before expiration

10.8 Portfolio Rights

After Clients terminate services with SmallDot, SmallDot may still:

• Display completed work in portfolio and other marketing materials
• Use projects in case studies and other marketing materials

No sensitive data will be disclosed.

10.9 SmallDot and HostHuski Partner Relationships

For partner-managed Client accounts:

• The billing party is considered the owner
• All off-boarding terms still apply

11. Project Files and Storage

Project files may include:

• Design files
• Drafts
• Assets

Files are:

• Stored on internal systems
• Backed up without guarantee

Clients are responsible for maintaining their own copies at all times.

12. Liability and Disclaimer

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMALLDOT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMALLDOT LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS
• LOSS OF DATA
• LOSS OF BUSINESS OPPORTUNITY
• SERVICE INTERRUPTIONS
• WEBSITE DOWNTIME
• THIRD-PARTY FAILURES OR INTEGRATIONS

EVEN IF SMALLDOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, SMALLDOT’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMALLDOT LLC, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR RELATED TO:

• YOUR USE OF OUR SERVICES
• YOUR VIOLATION OF THESE TERMS
• YOUR CONTENT OR MATERIALS PROVIDED TO US
• YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS OR APPLICABLE LAWS

13. General Terms

• These Terms are governed by the laws of the State of Utah
• If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect
• These Terms may be updated or modified at any time without prior notice

13.1 Right to Refuse Service

SmallDot LLC reserves the right to refuse service to any individual or entity at any time, for any reason, including but not limited to:

• Violation of these Terms
• Abusive or inappropriate behavior toward staff
• Non-payment or repeated late payment
• Requests that fall outside our service scope or ethical standards

Refusal of service may result in suspension or termination of current and future services.