Terms of Service

Last updated: 2026-07-24

This document sets out the terms of the agreement between Westmark ("Westmark") and the business engaging Westmark's services ("you," "Client"). It applies from the point you pay the initial fee described in Section 2, which is when this agreement takes effect.

1. The Service

Westmark builds a new website for your business and, if you choose, manages it afterward. Every engagement is scoped and priced individually before any payment is requested. The specific price, initial fee, balance, and (if applicable) monthly fee for your project are the amounts stated in the payment link, invoice, or written agreement sent to you, not the amounts in this document. If a specific written agreement, payment link, or invoice for an engagement conflicts with these terms, the specific one controls for that engagement.

2. The Initial Fee

2.1 The first payment starts the engagement. It is not a refundable deposit held against future work; it is payment for work performed up front: reviewing the information and materials you provide and building a full working demo of the rebuilt site together with a written plan for it. Once both the demo and the plan have been emailed to you, this fee has been earned and is non-refundable simply because you decide not to continue.

2.2 If the demo and plan are not delivered within 30 working days of Westmark receiving what it needs from you, the initial fee is refunded in full. Any day Westmark is waiting on you, such as for photos, text, or domain access, does not count against that 30-day period, and Westmark will tell you specifically what it is waiting on. If the delay is not the result of time spent waiting on you, you also keep the demo and plan produced up to that point, in addition to the refund.

2.3 Payment is processed by Stripe. Card details are entered on Stripe's own payment page and are never held directly by Westmark.

3. Review and the Balance

3.1 After the initial fee is paid, Westmark gathers the additional information and materials needed, then builds and delivers the demo and written plan described in Section 2.

3.2 You review the demo and plan and may request changes before deciding whether to proceed.

3.3 The remaining balance becomes due only once you have approved the finished site. It is not charged, invoiced, or requested at any earlier point. Once the balance is approved and paid, the site goes live on your domain within two business days.

4. Ownership

Your content, your website, and your domain belong to you from the start of the engagement and remain yours throughout it. Nothing in this agreement transfers ownership of any of them to Westmark, at any point, for any reason.

5. Domain and Hosting

By default, the finished site is published to a domain you control. If you prefer, you may instead ask Westmark to register, hold, or manage the domain and hosting on your behalf. That choice does not change ownership under Section 4: the domain remains yours, and it is handed back to you in full under Section 7 whenever the relationship ends, regardless of who was managing it.

6. Ongoing Management

6.1 After launch, you may choose to keep Westmark on for a recurring monthly fee, stated in your payment link, invoice, or agreement. There is no fixed term, and you may cancel at any time.

6.2 The monthly fee covers hosting, monitoring, and ongoing work on the site: adding pages, reworking or removing pages that are not performing, and making edits you request, such as updated hours, prices, or photos.

6.3 Cancelling the monthly service does not affect Section 4: the site and domain remain yours and are handed back under Section 7.

7. Term and Termination

7.1 You may end this agreement at any time, for any reason or no reason, whether during the initial build or during ongoing management.

7.2 Westmark may pause or end the monthly service if a payment is not made and you do not resolve it after being asked, or end an engagement if you do not follow these terms. Westmark still returns your files and domain as described below.

7.3 When the agreement ends, Westmark hands back your content, files, and domain (if Westmark was managing it) and stops all further work. This happens promptly; nothing is withheld and nothing is delayed pending further payment beyond amounts already properly due under Sections 2 and 3.

7.4 Notice of termination under this section, from either side, may be given by email; an email is sufficient.

8. No Guarantee of Results

Westmark rebuilds and maintains your website. It does not guarantee any specific business outcome from that work, including more customers, more calls, more leads, more traffic, or any particular ranking, revenue, or return. A better website is a tool, not a promise of results, and Westmark does not represent otherwise in connection with this agreement.

9. Limitation of Liability

Westmark's liability for a claim arising from an engagement is limited to the amount you paid Westmark for that engagement.

10. Your Content

10.1 Any photos, text, logos, or other materials you provide for use on the site must be yours to use, or you must have the rights and permissions needed for Westmark to use them on your site.

10.2 Westmark builds and updates the site based on the information and materials you provide and reasonably believes to be accurate. You are responsible for reviewing the demo, the finished site, and any later changes for accuracy before approving them.

10.3 Timely responses and materials from you directly affect how quickly Westmark can deliver; see Section 2.2 for how delay on your end affects the 30-day timeline.

11. Changes to These Terms

Westmark may update these terms from time to time, most likely to reflect how the service develops. Changes apply from the date they are posted at this page and do not apply retroactively to fees already paid or work already delivered under the terms in effect at the time. If you have an ongoing monthly agreement with Westmark, continuing that agreement after a change takes effect means you accept the updated terms.

12. Contact

Westmark is operated by Jachym Jahoda. Questions about these terms, an active project, or an existing agreement can be sent to jachym.westmark@gmail.com.