Terms of Service
This agreement (the "Agreement") is between Tappan Zee Web LLC, a New York limited liability company ("Tappan Zee Web," "we," "us"), and the client identified on the signature page or accompanying order form ("Client," "you").
The "Order Form" means the plan sheet, proposal, or order form provided to you that states your chosen service option, your fees, and any client-specific terms. The Order Form is part of this Agreement. If the Order Form conflicts with these Terms, the Order Form controls.
By signing an Order Form, accepting these Terms at checkout, or paying the first invoice, you agree to these Terms.
1. The Service
Tappan Zee Web offers its services (the "Service") in two forms. Your Order Form states which option applies:
- One-Time Build & Setup — a single project: we design and build a custom website, set up the third-party services (domain registration and website hosting) in your name and under your own billing (Section 4), launch the site, and hand everything over to you (Section 8). The website is yours from handover (Section 9). No ongoing services are included after handover unless you subscribe to the Monthly Plan.
- The Monthly Plan — an optional subscription for a website built by Tappan Zee Web. It includes unlimited small edits to your existing website (Section 3) and management of the third-party services your website runs on (Section 4). The Monthly Plan does not include the design and build of the website itself, which is purchased as a One-Time Build & Setup project; you may add the Monthly Plan at launch or at any later time.
Websites are developed using modern professional design and development tools and platforms. During the build phase we will review the design with you, and the website will not be launched until you approve it. Revisions before launch are part of the project and included in the project fee. Changes that add to the scope stated on your Order Form (for example, additional pages, forms, or features) are priced from our current price list and added to the fee only with your approval.
2. Business use
The Service is offered to businesses. You represent that you are entering this Agreement for business purposes and not for personal, family, or household purposes, and that the person signing is authorized to bind the Client.
3. Unlimited small edits (Monthly Plan)
While your Monthly Plan subscription is active, small edits to your existing website are included in your monthly fee, with no per-request charge and no limit on the number of requests.
What counts as a small edit. A small edit is a change to the pages and features your website already has, including: updating text, prices, hours, menu items, and contact details; swapping, adding, or removing photos and images within existing sections and galleries; posting seasonal specials, announcements, and event listings; adding or changing links and buttons; minor adjustments to layout, colors, or styling; and fixing anything on the website that is not working as built. Connecting a third-party service to your website — for example a reservation, online-ordering, or booking widget — is also handled as an edit, subject to Section 4 (the provider's own fees are yours).
What is not included. The Monthly Plan does not include new pages, new forms, new features or systems, restructuring the website, or a redesign of any page or of the website as a whole. These are quoted separately from our current price list or at our hourly rate (Section 7) and are done only with your written approval.
Reasonable use. Each request should be something that can reasonably be completed in a short working session. A request that amounts to a new page, feature, or redesign — or a series of requests that together amount to one — will be quoted under Section 7 rather than treated as a small edit. We will always tell you before doing any billable work.
Requests are handled one at a time, in the order received. Most small edits are completed within a few business days; we do not guarantee any fixed turnaround time for any particular request.
The Monthly Plan applies only to a website built by Tappan Zee Web. If you are not on the Monthly Plan, changes after handover are not included and are available at our hourly rate or from our price list (Section 7).
4. Third-party services: domain & hosting
Tappan Zee Web is a design and management studio. We do not operate hosting or domain registration infrastructure ourselves. Instead, we set you up on established, reputable third-party services — such as hosting platforms and domain registrars — in your name, and, under the Monthly Plan, manage those services on your behalf. We select providers appropriate for your website, and we can also work with services you already have (see "Existing services" below).
Your use of the website and domain is subject to the applicable providers' terms of service and acceptable-use policies, which are incorporated into this Agreement by reference as published by each provider from time to time.
Accounts in your name. The domain is registered in your name, and where practical, provider accounts are established in your name.
Existing services. If you already have a domain name, hosting, or other services you'd like to keep, we will work with them wherever the provider reasonably allows — connecting your website to your existing domain or accounts instead of creating new ones. Anything you already own stays in your name and under your control. If keeping an existing service isn't practical for the website we're building, we'll discuss options with you before changing anything. Where existing services remain under your own billing, your Order Form states how their costs are handled.
Your accounts, your billing. Under both options, provider accounts are opened in your name with your own payment method — you pay the providers directly from the start and own the billing relationship. We set up and connect these services as part of the project. Third-party fees (domain, hosting, and any paid platform you choose to add) are never part of our fees.
Monthly Plan. While you are subscribed, Tappan Zee Web holds management access to these accounts and handles their technical upkeep for you — configuration, security certificates, renewal reminders, and connecting third-party services you choose to add. If a service you ask us to add carries a cost, we will tell you that cost before connecting it, and the provider bills you for it directly.
After handover without the Monthly Plan. Managing the accounts is your responsibility, including renewals, payments, and any provider changes; we are not responsible for interruptions caused by account lapses, such as an expired domain registration or hosting plan.
Provider performance. We do not control third-party providers and are not responsible for their outages, errors, price changes, or discontinuation of service. For Monthly Plan clients, if a provider materially changes or discontinues a service, we will help you move to a comparable provider as part of the Service; the new provider's fees remain yours.
5. Your responsibilities
- Content. You will provide, or approve, the business information and materials the website needs (text, images, logos, menus, hours, offers) and keep us informed of changes you want reflected.
- Rights. You represent that you own or have the right to use all materials you provide, and that they do not infringe any third party's rights or violate any law.
- Accuracy. You are responsible for the accuracy of business information published at your request (for example, prices, hours, and claims about your products or services), and for your website's compliance with laws that apply to your industry.
- Cooperation. You will respond to reasonable requests for approvals and information; delays in providing content or approvals may extend timelines.
6. Not included
The following are outside the Service and available only by separate written quote:
- New pages, forms, features, systems, restructuring, and redesigns requested after launch — including by Monthly Plan clients (Section 3) — priced from our current price list or at our hourly rate (Section 7);
- Subscription costs and transaction fees of third-party platforms (for example, online ordering, reservation, loyalty, or payment platforms) — these are billed to you directly by the provider. Connecting such a platform to your website is a small edit under the Monthly Plan (Section 3) or hourly work otherwise;
- Paid advertising setup or management;
- Photography or videography;
- Printed materials (menus, signage, business cards);
- Business email — setting up, migrating, or managing email accounts (for example, Google Workspace or Microsoft 365) is not part of the Service; we can point you to a provider;
- Ongoing maintenance, management, or monitoring after handover of a One-Time Build & Setup project, unless you subscribe to the Monthly Plan; and
- Services for websites or systems not built by Tappan Zee Web.
7. Fees, billing & taxes
One-Time Build & Setup:
- Project fee. The fee is quoted per project from our current price list and stated in your Order Form.
- One payment, at launch. There is no deposit and no installment schedule. The full project fee is due in a single payment once the website goes live, by card or bank transfer through the invoice we send you at launch. Handover of the website files and account credentials (Section 8) follows payment.
- Third-party costs. Because provider accounts are in your name with your own payment method, third-party fees (domain and hosting) are billed to you directly by the providers and are not part of our project fee.
- Non-payment. If the project fee is not paid within thirty (30) days of launch, we may take the website offline and withhold handover until it is paid.
Monthly Plan:
- Monthly fee. The Monthly Plan is fifty dollars ($50) per month unless your Order Form states otherwise, billed monthly in advance by automatic payment (card or bank account).
- Start of billing. Billing begins when you subscribe — at launch, or whenever you add the plan later. There is no setup fee.
- No minimum term. The Monthly Plan is month-to-month. You may cancel at any time by written notice (email is sufficient); cancellation takes effect at the end of the month already paid for, and partial months are not refunded. We may end the Monthly Plan with thirty (30) days' written notice.
- Late payment. If a payment fails or is missed, edit work stops until the account is current. If the account remains unpaid for thirty (30) days, the Monthly Plan ends and we remove our management access; your website, domain, and hosting remain in your own accounts and stay online.
- Price changes. We will not increase your monthly fee during the first twelve (12) months of your subscription. After that, we may change the fee with at least thirty (30) days' written notice; the change takes effect at your next billing cycle after the notice period, and you may cancel before it takes effect.
Work outside the plan or after handover:
- Price list and hourly rate. Items on our current price list (for example, additional pages, catalog pages, forms, or a custom system) are charged at the list price. Other work not included in your option is charged at seventeen dollars ($17) per hour. In either case, the cost is quoted to you and approved in writing before work begins, and is invoiced when the work is delivered.
Both options:
- Taxes. Fees are exclusive of taxes. Custom website design, development, and maintenance services are not currently subject to New York sales tax. If any part of the Service is or becomes taxable (for example, resold prewritten software or third-party subscriptions), those items will be separately itemized on your invoice and applicable tax will be added and collected as required by law.
8. Term, termination & handover
This Agreement starts on the date signed (or, if never signed, the date you first accept these Terms or pay the first invoice) and continues until cancelled under Section 7, or terminated by either party for material breach that remains uncured thirty (30) days after written notice.
One-Time Build & Setup — completion. The project ends at handover: the website is launched with your approval, the project fee is paid (Section 7), and you receive the credentials for the accounts established in your name together with a copy of the website files. After handover we have no further obligation to edit, maintain, manage, or monitor the website or related services unless you subscribe to the Monthly Plan. Future work is available under Section 7.
Monthly Plan — end of subscription. When the Monthly Plan ends for any reason, we remove our management access from your accounts. Your website, domain, and hosting remain in your own accounts, under your control, exactly as they are — nothing is taken down, and there is no buyout: the website has been yours since handover (Section 9). On request, we will also provide a current copy of the website files. After the effective end date, we have no further obligation to edit, maintain, or manage the website or related services.
In-person sales — three-day right to cancel. If you sign this Agreement in person at a location other than Tappan Zee Web's own place of business (for example, at your business), you may cancel this Agreement, without penalty or obligation, at any time before midnight of the third business day after the date you sign. To cancel, send written notice that you are cancelling — email to admin@tappanzeeweb.com is sufficient, or mail or deliver a signed and dated copy of the Notice of Cancellation form provided at signing. If you cancel within this period, we will refund any payments you have made within ten (10) business days and return any materials you provided. Where consumer door-to-door sales laws (including the FTC Cooling-Off Rule and N.Y. Personal Property Law Article 10-A) apply to a covered sale, the separate Notice of Cancellation form provided at signing controls.
If this Agreement is terminated for your uncured material breach, or fees remain unpaid more than thirty (30) days after they are due, we may withhold handover until outstanding undisputed fees are paid.
9. Ownership & intellectual property
- Your content is yours. Materials you provide (your logo, text, images, brand) remain your property. You grant us a license to use them to perform the Service.
- The website is yours at handover. Upon handover under Section 8 and payment of the project fee, you own the delivered website design and content, and receive the site files for your continued use. The Monthly Plan does not change ownership: edits made under the plan become part of your website, and nothing reverts to Tappan Zee Web when the plan ends.
- Tools and components. General-purpose tools, know-how, code libraries, and third-party or open-source components used to build the site remain the property of Tappan Zee Web or their respective owners, and third-party components remain subject to their own licenses. This does not limit your right to keep operating and modifying your website.
- Portfolio. We may identify you as a client and display your website (including screenshots) in our portfolio and marketing. You may withdraw this permission at any time by written notice, and we will remove the material within a reasonable time.
10. No guarantees of results
We build websites intended to present your business well, work on modern devices, and be discoverable by search engines. However, we do not guarantee any particular business outcome, search-engine ranking, traffic level, or continuous availability of the website, and we make no representation regarding results you may obtain from the Service.
11. Disclaimer of warranties
Except as expressly stated in this Agreement, the Service is provided "as is," and Tappan Zee Web disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We warrant only that we will perform the Service with reasonable skill and care consistent with industry standards.
12. Limitation of liability
To the maximum extent permitted by law: (a) neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility; and (b) Tappan Zee Web's total aggregate liability arising out of or relating to this Agreement is limited to the amounts you paid to Tappan Zee Web for the Service in the twelve (12) months preceding the event giving rise to the claim.
Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for fraud or willful misconduct.
13. Indemnification
You will defend and indemnify Tappan Zee Web against third-party claims arising from: (a) materials or content you provide or direct us to publish; (b) your products, services, or business operations; or (c) your violation of law or of a third-party provider's terms. Tappan Zee Web will defend and indemnify you against third-party claims that the design work we originally created for your website (excluding your content and third-party components) infringes a United States copyright.
14. Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform this Agreement, except where disclosure is required by law. This does not restrict information that is or becomes public through no fault of the receiving party.
15. General
- Independent contractor. Tappan Zee Web is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party providers, natural disasters, or government action. Payment obligations for services already rendered are not excused.
- Assignment. Neither party may assign this Agreement without the other's written consent, except that Tappan Zee Web may assign it in connection with a sale of its business, with notice to you.
- Notices. Notices must be in writing. Email counts: to us at admin@tappanzeeweb.com; to you at the email address on your Order Form.
- Governing law & venue. This Agreement is governed by the laws of the State of New York, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Rockland County, New York.
- Entire agreement. This Agreement (including the Order Form) is the entire agreement between the parties about the Service and replaces all prior discussions and proposals.
- Amendment. Changes to this Agreement must be in writing. We may update these Terms for future renewal periods with at least thirty (30) days' written notice; if you do not agree to an update, you may cancel before it takes effect.
- Severability; waiver. If any provision is held unenforceable, the rest remains in effect. A party's failure to enforce a provision is not a waiver.
- Counterparts; e-signature. This Agreement may be signed in counterparts, and electronic signatures are effective.
Questions about these Terms? Email admin@tappanzeeweb.com — a real person answers.