Terms of Service - Wag Websites

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Wag Websites ("we," "us," "our," or "Company"), a company located in Napa, California, United States. These Terms govern your access to and use of our services, including website development, web application development, website repair services, web hosting, cloud servers, domain name registration, website maintenance, online presence, and branding services (collectively, the "Services"). By registering and paying for our Services, you signify that you have read, understand, acknowledge, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

We reserve the right to update these Terms at any time, and we will notify you of material changes by posting the updated Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

1. Services Provided

We offer the following Services:

Website and Web App Development: Custom design, development, and implementation of websites and web applications based on your specifications.
Website Repair Services: Diagnosis and repair of existing websites to resolve issues such as bugs, performance problems, or security vulnerabilities.
Web Hosting: Shared hosting plans for websites, including storage, bandwidth, and maintenance.
Cloud Servers: Fully managed virtual private servers.
Domain Name Registration: Assistance with registering, transferring, and managing domain names.
Website Maintenance: Ongoing support and updates for websites built by us, including content updates, security patches, and performance optimizations, available through our Website Maintenance Plans.
Online Presence: Services to enhance your digital footprint, including search engine optimization (SEO), social media integration, and online marketing support.
Branding Services: Creation of logos and business card designs to establish or enhance your brand identity.
Additional Services: We may also provide unique additional services based on client needs.

All Services are provided subject to availability and may be modified or discontinued at our discretion. Specific details, including pricing and scope, will be outlined in a separate agreement or order form for each project or subscription.

2. Account Registration and Security

(a) To access certain features of our Services, you must create a customer account (“Account”). You represent and warrant that all information you submit when creating an Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete.

(b) If we have reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, we reserve the right, in our sole discretion, to suspend, cancel, or terminate your Account.

(c) You are solely responsible for all activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including your login credentials, password, and payment method(s). We strongly recommend that you change your password periodically for security purposes.

(d) If you act on behalf of a legal entity or third party, upon our request, you shall provide us with any contact or other information related to the true owner of the Account, which may include providing valid identification or other proof of authorization.

(e) You are allowed to maintain only one Account with us. To create an additional Account, you must submit a written request via our support ticket process. Any unauthorized additional Account may be suspended or terminated.

(f) You must notify us immediately of any breach of security or unauthorized access or use of your Account. You may be liable for any damages or loss we or others incur caused by a breach of your Account, whether caused by you, an authorized person, or an unauthorized person.

(g) We will not be liable for any loss incurred due to unauthorized use of your Account. You may be liable for any loss we or others incur, whether caused by you, an authorized person, or an unauthorized person.

(h) You agree to abide by all applicable U.S. Export Laws, including but not limited to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), as well as any other applicable export control laws.

(i) You represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

3. Term and Renewal

(a) Term: The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you or agreed verbally when you order the Services (the "Initial Term"). Unless you provide notice to us before the end of the Initial Term, this agreement will automatically renew for successive periods of equal length to the Initial Term (each a "Renewal Term") at the prevailing price for that Service as advertised on our website at the time of renewal.

(b) Invoices: Unless you cancel the Services or provide notice of intent to cancel as set forth in Section 4 below, following the expiration of the Initial Term, the Services will automatically renew for Renewal Terms. We shall provide notice of the upcoming charge no later than five (5) days prior to the payment date.

(c) Pricing Adjustments: We may adjust pricing at the time of renewal. We will provide a minimum of 30 days’ notice for price increases prior to renewal.

(d) Disputes: If you dispute a particular invoice, you shall pay us for the parts of the invoice that are accurate and not in dispute.

4. Termination

(a) Termination Procedures: This agreement may be terminated:

(i) By you, through online cancellation, support ticket submission, or phone call to (707) 306-0004, before the end of a Term.
(ii) By us, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm us or others, cause us or others to incur liability, or disrupt our business operations (as determined by us in our sole discretion); (iv) you are abusive toward our staff in any manner; or (v) for any other lawful reason, including to comply with applicable law. In such event, we will not refund any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

(b) Effects of Termination: After termination of this agreement for any reason:

(i) We shall make available any content then in our possession to you until the expiration of the Term. We shall delete that content from our servers and data storage devices at the expiration of the Term. It is your sole responsibility to extract wanted content from our servers before said content is deleted.
(ii) You shall promptly pay us according to the Renewal Terms for Services rendered before the effective date of the termination.

5. User Obligations

(a) You will be solely responsible for all activities conducted on or through your Account or client portal, including any transactions or interactions with end users of your website.

(b) You will cooperate fully with us in connection with the provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary to use the Services. Delays in your performance of your obligations under these Terms will extend the time for our performance of obligations that depend on your performance.

(c) You will be solely responsible for ensuring that all User Content and websites are compatible with the hardware and software we use to provide the Services, which may be changed by us from time to time in our sole discretion.

(d) You are responsible for securing your data and maintaining backups on your own systems. We perform backups of our servers and hosting data on a best-effort basis, but it is your responsibility to ensure you have your own backups.

(e) We shall not be liable for any losses or damages incurred as a result of your failure to maintain Account security or comply with our security requirements. It is your responsibility to take necessary precautions to safeguard your Account and prevent unauthorized access.

6. Payment Terms

(a) Fees for Services are as specified in your order form or invoice. All payments are due upon receipt unless otherwise agreed.
(b) We accept payments via credit card, but check payment may be available upon request.
(c) Late payments will incur a 10% late fee.
(d) All fees are non-refundable except as provided in the Wag Worthy Guarantee below.
(e) Taxes: You are responsible for all applicable taxes, duties, or fees.

7. Acceptable Use Policy

This Acceptable Use Policy ("AUP") is part of these Terms and applies to your use of our Services. You agree not to use the Services for any unlawful or prohibited purpose. Prohibited activities include, but are not limited to:

(i) Using the Services to transmit or post any material that contains or links to nudity, pornography, adult content, sex, or extreme violence.
(ii) Using the Services to transmit or post any material that violates any applicable local, state, national, or international law, or any rules or regulations promulgated under those.
(iii) Using the Services to harm or attempt to harm minors in any way.
(iv) Using the Services to transmit or post any material that harasses, threatens, or encourages bodily harm or destruction of property.
(v) Using the Services to make fraudulent misrepresentations or offers, including offers relating to "pyramid schemes" or "Ponzi schemes."
(vi) Using the Services to access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(vii) Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including unauthorized copying or distribution of copyrighted material, digitization and distribution of photographs, music, video, or other copyrighted sources, or unauthorized transmittal of copyrighted software.
(viii) Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(ix) Reselling the Services without our prior written authorization.
(x) Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet, including "denial of service" attacks.

We reserve the right to monitor usage and investigate violations of this AUP. Violations may result in suspension or termination of your Services, without refund, and we may report illegal activities to authorities. You agree to indemnify us for any claims arising from your violation of this AUP.

8. Shared Web Hosting Resources

(a) Our web hosting plans are shared hosting, meaning multiple accounts share server resources such as CPU, memory, and file storage (inodes). This allows us to provide access to powerful infrastructure at a low cost. Web hosting storage is to be used solely for active files related to the operation of your website, databases, and email accounts. Storage may not be used for file archiving, backups, or other purposes unrelated to active website operation.

(b) Some of our web hosting plans include unlimited bandwidth, ensuring a worry-free experience without monitoring bandwidth usage or incurring overage fees. However, we monitor resource usage, including CPU resources, memory consumption, file quantity (inodes), and bandwidth, to maintain optimal performance for all customers. This is done automatically using industry-standard tools and manually by our technicians.

(c) Due to the shared nature of our hosting, continuous high-resource activities—such as video streaming, hosting large file downloads, or excessive CPU/memory usage—are not suitable for these plans. Typical websites, such as small business sites, personal blogs, or standard web applications, generally operate well within our resource limits.

(d) Excessive Resource Usage:

(i) Initial Contact: If your website exceeds reasonable resource usage (e.g., excessive CPU, memory, inodes, or bandwidth), we will contact you to discuss the issue and explore solutions, such as optimizing your website or upgrading to a more suitable plan, such as a dedicated cloud server.
(ii) Throttling: If the issue persists, your website’s performance may be throttled, resulting in slower load times to maintain server stability for all customers.
(iii) Suspension (Last Resort): In extreme cases, or if the issue remains unresolved within a reasonable timeframe, your website may be temporarily suspended. We prioritize working with you to avoid downtime and will only resort to suspension when absolutely necessary.

(e) Our goal is to collaborate with every customer to resolve resource usage issues and ensure your website remains online and performs optimally. If you’re unsure which hosting plan suits your website, please contact our support team at [email protected] or (707) 306-0004 for personalized guidance.

9. Website Migration Services

(a) We offer complimentary website migrations for hosting customers. This transfer service is offered as a courtesy, and no guarantees are made as to the availability, possibility, or time required to migrate your website. Every hosting company and website is different, and not all websites can be transferred. Some hosting platforms store data in an incompatible or proprietary format, which may make it impossible for us to migrate data from your old host.

(b) Each hosting account may take advantage of one free site migration. For clients with more than one site in their current hosting account, they may select one site to move for free, and all additional sites will be charged our hourly web development rate, as outlined in the relevant service agreement.

(c) Some websites and web applications, such as outdated or unsupported content management systems or frameworks, may require modification or updates to work on our modern hosting platform. If modifications or updates to your codebase are required, we will not proceed with your migration unless you opt for paid web development services to update your site. If such services are required, we will provide a quote prior to any work being done.

(d) The free transfer service is available for thirty (30) days from your sign-up date. Transfer requests outside this period may incur a charge. Contact our support department to request a migration, and we will inform you of any applicable fees prior to performing the transfer.

(e) In no event shall we be held liable for any lost, missing, or corrupt data or files, or loss of website functionality, resulting from a migration to or from our platform. You are solely responsible for maintaining backups of your data and ensuring your website is fully functional before and/or after any transfer services.

10. Domain Name Registration

(a) Introduction: This section governs the registration, renewal, and management of domain names through our Services. By registering or renewing a domain name with us, you agree to comply with and be bound by the terms and conditions outlined in this section.

(b) Eligibility: You must be at least 18 years old or have legal capacity to register a domain name. You must provide accurate and complete information during the registration process.

(c) Registration: To register a domain name, you must provide the required information, including your name, contact details, and any other necessary data. We will submit this information to the relevant domain registry.

(d) Domain Name Selection: We cannot guarantee the availability of any domain name. Domain names are registered on a first-come, first-served basis.

(e) Registration Term:

(i) Initial Registration Period: The initial registration period for a domain name is typically one year, unless otherwise specified. You may register a domain name for a longer term as allowed by the domain registry.
(ii) Renewal: You are responsible for renewing your domain name before it expires. We will send reminders prior to the expiration date, but it is ultimately your responsibility to ensure that your domain name remains active.
(iii) Auto-Renewal: If you have auto-renewal enabled, we will attempt to charge your payment method on file and automatically renew your domain name before it expires. If auto-renewal fails, you are responsible for manually renewing the domain name.

(f) Payment Terms:

(i) You agree to pay the registration and renewal fees as specified in our pricing schedule. All fees are non-refundable.
(ii) Payments for domain registration and renewal must be made using a valid payment method accepted by us. You are responsible for keeping your payment information up to date.

(g) Domain Management:

(i) You are responsible for maintaining the security of your account and any associated passwords. Notify us immediately of any unauthorized use of your account.
(ii) You may transfer your domain name to another registrar, provided the domain name is not locked or subject to any dispute. You must follow the transfer procedures as outlined by the domain registry.

(h) Domain Ownership:

(i) You retain ownership of the domain name registration, subject to the terms of this Agreement and any applicable registry policies.
(ii) We retain ownership of any proprietary tools or software used in the registration process. We do not claim ownership of your domain name.

(i) Domain Disputes: Any disputes related to your domain name registration, including those involving trademark infringement or domain name disputes, will be governed by the Uniform Domain Name Dispute Resolution Policy (UDRP) or similar policies applicable to the domain registry.

(j) Termination:

(i) You may cancel your domain registration at any time by contacting us. Cancellation requests must be submitted in accordance with our procedures.
(ii) We reserve the right to terminate or suspend your domain registration if you breach any terms of this Agreement or fail to make timely payments. We will notify you of any such termination or suspension.

11. Website Design Services

(a) We provide website design and development services as described in our proposal or service agreement. The scope of work, deliverables, timelines, and payment terms will be outlined in a separate agreement. Websites built by us must be initially hosted by us using either a monthly or annual hosting plan. Hosting services used for a website built by us are not eligible for a money-back guarantee.

(b) You agree to:

(i) Provide accurate and complete information as required for the design and development of your website in a timely manner, including text, images, logos, graphics, or any other content as requested by your Website Design Consultant.
(ii) Ensure that all content provided to us does not violate any laws or infringe on any third-party rights.
(iii) Cooperate with us and respond promptly to requests for information and feedback.
(iv) Provide any necessary access to third-party systems or accounts required for the completion of the project.
(v) To the extent that the performance of our obligations under this Agreement may depend upon your performance of your obligations, we are not responsible for any delays due to your failure to perform your obligations in a timely manner.

(i) Because each project will vary in scope, a customized estimate will be provided prior to the start of work. Once the estimate is accepted by you, payment is due in full (the “Initial Invoice”) before work will begin.
(ii) Each website design estimate will include the WordPress Design Base product and all applicable add-on products approved by you within the project Scope of Work.
(iii) If further add-on products are ordered by you after payment of the Initial Invoice, an additional invoice will be supplied to you (“Add-on Invoice”).
(iv) All payments are due in full before final handoff of the website or any design work.
(v) In the event of non-payment, we reserve the right to suspend or terminate access to the deliverables until payment is made.

(d) Website Design Revisions and Client Approval:

(i) After completion of design work, you will receive access to a preview of the site. You will have ten (10) business days to review and approve the site and up to three (3) rounds of revisions.
(ii) If feedback or approval is not received by the tenth (10th) business day after the preview site has been made available, it will be assumed that final approval has been given by you.
(iii) If feedback includes changes to the scope as outlined in the Scope of Work document approved by you, additional charges may apply. The determination of a scope change is solely at our discretion.
(iv) In the case of a scope change, you will receive an Add-on Invoice inclusive of the new services requested. Payment is required in full before additional work is completed and any or all completed work is delivered. Scope changes may include, but are not limited to:

Additional site pages.
Additional or new stock images.
Site features requiring plugins.

(e) Intellectual Property and Licensing:

(i) Upon full payment, you will own the final website design and associated deliverables.
(ii) We retain ownership of all intellectual property rights in any pre-existing materials, tools, or code used in the creation of your website and retain the right to use your website design in our portfolio for future marketing purposes.
(iii) You may not use any pre-existing materials, tools, or code owned by us for any purpose other than the intended use as described in the service agreement without our prior written consent.
(iv) You may provide us with pre-purchased stock images in lieu of an add-on service. You are fully responsible for securing proper licensing and hold us harmless in any claim arising from the improper use of intellectual property.
(v) If you opt for a feature that requires a third-party website plugin, you will be solely responsible for initial and ongoing payment for plugin licensing fees.
(vi) If a website is on a Maintenance Plan, we reserve the right to replace any third-party plugins with different software at our sole discretion.
(vii) We will make a best effort to ensure your website meets accessibility requirements and laws. However, any changes made by you will be your responsibility. If you have a Website Maintenance Plan, we strive to ensure any site updates we perform for you will meet the same accessibility standards.

(f) Web Browsers:

(i) We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Edge, Google Chrome).
(ii) You agree that we cannot guarantee correct functionality with all browser software across different operating systems.
(iii) If you opt out of a Website Maintenance Plan, we cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to you. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

(g) Termination and Refusal of Service:

(i) We require you to actively participate in the project by providing necessary information, feedback, and approvals in a timely manner. If you fail to do so within thirty (30) days of project commencement, we reserve the right to close the project and terminate this Agreement.
(ii) Both parties will be released from their respective obligations, but any termination of the Agreement will not relieve you of your obligation to pay for services rendered up to the date of termination.
(iii) We reserve the right to refuse service at our sole discretion. Refusal may include, but is not limited to, sites that promote, encourage, or condone violence, sites that contain obscene or offensive material, or sites that engage in or promote illegal activity.
(iv) We also reserve the right to terminate this Agreement in the event that: (i) you fail to pay any fees due hereunder; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm us or others, cause us or others to incur liability, or disrupt our business operations (as determined by us in our sole discretion); (iv) you are abusive toward our staff in any manner; or (v) for any other lawful reason, including to comply with applicable law. In such event, we will not refund any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

(h) Confidentiality:

(i) Both parties agree to keep confidential any proprietary or confidential information disclosed during the course of the project.
(ii) Confidentiality obligations survive the termination of this Agreement.

12. Website Maintenance Plans

(a) Clients who have a website built by us may choose to enroll in an ongoing Website Maintenance Plan.

(b) Maintenance Plans are only available for sites built by us. Sites built elsewhere are not eligible and may only be maintained by utilizing our hourly web developer rate of $100/hour.

(c) Website Maintenance Plans are associated with a specific website, as are incidents and discounts. Unused content updates are non-transferable to other websites.

(d) Websites that are built using our design services but are hosted elsewhere will not be eligible for a Website Maintenance Plan.

13. Branding Services

(a) We provide branding services, including logo design and business card design, as described in our proposal or service agreement. The scope of work, deliverables, timelines, and payment terms will be outlined in a separate agreement.

(b) Design Process:

(i) We will use the information you provide to create three (3) initial design concepts for your logo or business card.
(ii) You will select one concept, which we will finalize based on your feedback.
(iii) One revision to the selected concept is included at no additional cost. Additional revisions or changes to the initial order will be billed at our standard rate of $100 per hour.

(i) Upon full payment, you will own the final logo or business card design.
(ii) We retain ownership of all intellectual property rights in any pre-existing materials, tools, or templates used in the creation of your branding materials and retain the right to use your branding designs in our portfolio for future marketing purposes.
(iii) You may not use any pre-existing materials or templates owned by us for any purpose other than the intended use as described in the service agreement without our prior written consent.

(d) Client Responsibilities:

(i) You agree to provide accurate and complete information, including brand guidelines, preferences, or any other materials required for the design process, in a timely manner.
(ii) You are responsible for ensuring that any content or materials provided do not violate any laws or infringe on third-party rights.
(iii) Delays in providing required information or feedback may extend project timelines.

(e) Termination:

(i) If you fail to provide necessary information or feedback within thirty (30) days of project commencement, we reserve the right to close the project and terminate this Agreement for branding services.
(ii) Any termination will not relieve you of your obligation to pay for services rendered up to the date of termination.

14. AI Usage in Website and Web App Development

(a) We may use artificial intelligence (AI) tools to enhance our productivity, reduce costs, and improve the customer experience in the provision of our website and web application development services.

(b) We are not obligated to disclose which portions of our code or deliverables are generated or assisted by AI tools.

(c) All code and projects, whether developed with AI assistance or otherwise, are carefully reviewed by our team to ensure quality, security, and adherence to industry best practices before delivery to you.

15. Premium Support

Overview
Premium Support is an optional add-on for Web Hosting and Cloud Server plans, costing $20/month. It enhances your support experience by offering:

Priority Ticket Handling: Your support tickets are prioritized during high-volume periods.
Weekend and Holiday Support: Access ticket-based support on weekends and holidays (10 AM–3 PM).
Expanded Assistance: Additional help with common website management tasks, such as:
- Installing WordPress or other software on your hosting account.
- Creating an email account in cPanel and guiding you through connecting it to your phone or computer.

Limitations

No Guaranteed Response Times: While we aim to respond promptly, ticket response times may vary based on inquiry volume and complexity, even with Premium Support.
Not a Substitute for Other Services: Premium Support does not replace Website Maintenance plans or Website Repair services. For tasks beyond the scope of Premium Support, additional paid services may be required.

Support Hours

Standard Support Hours: Monday through Friday, excluding holidays, 9 AM–5 PM for ticket and email support. Phone support may be available by appointment during these hours.
Premium Support Hours: Ticket-based support is available on weekends and holidays from 10 AM–3 PM. Phone support may be available by appointment during these hours.

Billing and Refunds

Cost: $20/month, billed monthly or annually.
Excessive or Complex Requests: If a request exceeds the scope of Premium Support, we may bill at our standard rate of $100/hour. You will be notified before any such charges are applied. For the first such request in a month, you will receive a $20 discount.
Service Cancellation: If we determine that Premium Support is being used unfairly, we reserve the right to cancel the service. Refunds will be issued as account credit:
- Monthly Billing: $20 account credit.
- Annual Billing: Prorated account credit based on the remaining billing period.
- New Subscriptions: Full refund as account credit if canceled within the first month.
Account Credit: Non-expiring and usable for any Wag Websites services. Refunds are issued only as account credit, not to the original payment method.
Credit for Other Services: The $20 monthly Premium Support fee can be credited as a discount toward Website Repair or hourly website services at our standard rate of $100/hour.

16. Intellectual Property

(a) Content: You represent that you are the owner or valid licensee of all data or content you upload in connection with the Services ("Content") and that you have secured all necessary licenses, consents, permissions, waivers, and releases for the use of the Content.

(b) We may use your intellectual property to the extent necessary to perform the Services, including to digitize, convert, install, upload, select, order, arrange, compile, synchronize, use, reproduce, store, process, retrieve, transmit, and hyperlink the Content, and to make archival or backup copies of the Content.

(c) Our Rights: We own all rights, title, and interest in the Services, including any software, tools, or templates we use or provide. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal purposes only.

(d) Your Rights: You retain ownership of your User Content. By providing User Content, you grant us a worldwide, royalty-free license to host, store, and use it as necessary to provide the Services.

(e) Work Product: For development and branding Services, upon full payment, we assign to you all intellectual property rights in the final deliverables (e.g., website code, designs, logos, business cards), excluding any pre-existing tools or third-party components, which are licensed to you.

17. Wag Worthy Guarantee (Warranties)

We stand behind our Services with the Wag Worthy Guarantee, which includes the following specific warranties and guarantees. Except as stated here, all Services are provided "as is" without any other warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

(a) 99.9% Uptime Guarantee: For web hosting and cloud servers, we guarantee 99.9% uptime in any calendar month, excluding scheduled maintenance (notified at least 48 hours in advance), emergency maintenance, or Excusable Downtime (as defined below). If uptime falls below 99.9%, you may request a credit equal to 5% of your monthly fee for each 1% below the guarantee (up to 100% credit). Credits must be requested within 7 days of the outage by opening a trouble ticket or calling (707) 306-0004 and are applied to future invoices. Multiple credits will not be paid for different types of outages occurring at the same time (no overlapping credits). Credits are based on our monitoring and shall not exceed 100% of the applicable monthly fees. Credits cannot be transferred, rolled over, or applied to other accounts and are forfeited upon termination of the agreement.

(b) 30-Day Money-Back Guarantee: For new web hosting plans, if you are not satisfied, you may cancel within 30 days of activation for a full refund of hosting fees paid (excluding setup fees or add-ons). Hosting services used for a website built by us are not eligible for this guarantee. If you have used more than 200GB of bandwidth, you are no longer eligible for a refund.

(c) Anytime Stop Project: For website and web app development projects, you may request to stop the project at any time. We will cease work, provide deliverables completed to date, and invoice only for work performed up to the stop date. No penalties apply, but payments for completed milestones are non-refundable.

(d) 30-Day Warranty on Website Repair Services: For website repairs, we warrant that the repairs will function as intended for 30 days from completion. If issues arise related to our work, we will fix them at no additional cost, provided you notify us within the warranty period.

(e) No Refunds for Cloud Servers or Domain Names: There are no refunds for cloud server subscriptions or domain name registrationsm, renewals, or transfers, even if cancelled early, due to the nature of these services.

(f) To claim under the Wag Worthy Guarantee, contact us at [email protected] or open a ticket in our client portal with details. We will review and respond within 7 business days.

(g) We will only pay credits for downtime or outages as specified in the 99.9% Uptime Guarantee. We are not liable for any damages you claim to have suffered because of downtime or outages, including the unavailability of software, operating systems, applications, or data.

18. Service Availability

(a) We shall use reasonable efforts to provide the Services at all times during the Term. However, Services may be inaccessible or inoperable for reasons including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond our control or not reasonably foreseeable.

(b) Scheduled Maintenance: Scheduled maintenance does not count as downtime and is not included in the calculation of the uptime guarantees. We will provide at least 48 hours’ notice for scheduled maintenance.

(c) Emergency Maintenance: We may perform emergency maintenance if there is an immediate, material threat to our servers or Services. We will attempt to notify you by email before emergency maintenance, but notice depends on the severity and critical nature of the emergency. Emergency maintenance does not count as downtime and is not included in the uptime guarantee calculations.

(d) Excusable Downtime: The unavailability of Services due to the following will not be considered downtime, and credits will not be issued ("Excusable Downtime"):

(i) Your applications and content, or errors from your own custom scripting or coding.
(ii) Your configurations outside of our infrastructure that affect our Services.
(iii) Your acts or omissions.
(iv) Force majeure events.
(v) Services provided by a third party outside of our control.
(vi) Maintenance during scheduled or emergency maintenance periods.
(vii) Downtime to install Services you request.
(viii) Internet traffic exchange points external to us, including Network Access Points ("NAPs") and Metropolitan Area Exchanges ("MAEs"), or Internet networks controlled by others.
(ix) Suspension of Services (e.g., for non-payment).

19. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Services. Our total liability shall not exceed the fees paid by you for the specific Service in the 12 months preceding the claim. We are not responsible for third-party services, User Content, or events beyond our control (e.g., natural disasters, cyber-attacks).

20. Indemnification

You agree to indemnify, defend, and hold harmless Wag Websites, its officers, directors, employees, and agents from any claims, losses, or damages arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

21. Relationship of Parties

The relationship of the parties under this agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created in or by this agreement. Neither party may assume or create obligations on the other party’s behalf, nor take any action that creates the appearance of such authority.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Napa County, California. You waive any objections to venue or jurisdiction.

23. Miscellaneous

(a) Severability: If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.

(b) Headings: The descriptive headings of the sections and subsections of this agreement are for convenience only and do not affect this agreement’s construction or interpretation.

(d) Entire Agreement: These Terms constitute the entire agreement between us.

(e) No Waiver: Failure to enforce any right does not waive it.

(f) Efforts: Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

24. Contact Us

For questions about these Terms, contact us at:

Wag Websites LLC

2206 Trower Ave, Napa, CA

Email: [email protected]

Phone: (707) 306-0004

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