PBMAGENCYFree website preview

LEGAL

Website Design & Care Services Agreement

Last updated: July 19, 2026

This is the Website Design and Care Services Agreement referenced by our Terms of Use. It sets out what we build, what it costs, how ownership and domains work, and how disputes are handled.

Who this agreement is between

This Agreement is between PBM Agency, LLC, a Texas limited liability company ("PBM," "we," "us"), and the business purchasing a website from us ("you," "Client"). It takes effect when you pay the launch fee or otherwise tell us in writing to proceed, whichever happens first. Where a checkbox at checkout asks you to agree to this Agreement and the Refund Policy, checking it and paying records your acceptance of both.

What we build

We build and launch a business website for you. The launch includes a multi-section website built on the design we previewed for you, adapted to your business, services, service area, and hours; your copy and business details, and any photos or logo you send us; a mobile-responsive layout, basic on-page search-engine setup, and a contact path (form, phone, or both); publishing to a domain, either yours or one we register for you; and hosting and SSL for as long as you are on the care plan.

What is not included, unless separately quoted and agreed in writing: e-commerce or online payments, customer logins or member areas, booking or scheduling systems, custom software or integrations, logo or brand design, copywriting beyond your provided material, ongoing advertising management, paid stock or font licenses beyond what we already use, and content migration from an existing large site.

The free preview

The preview website we built for you before any purchase is a proposal. It is free, it creates no obligation for either of us, and it remains PBM's property until you purchase. If you do not purchase, the preview comes down on its own and no charge is made.

Price and payment

Launch fee: a one-time fee, quoted and confirmed in writing before you pay. Our standard launch fee is $499. Where we have agreed a different amount with you in writing, that amount governs.

Care plan: $49 per month, billed monthly in advance, starting on the day your site goes live.

Payment is by card or bank transfer through a secure payment link we email you. We will never ask for a card number, password, or two-factor code by email or text. If we have agreed to split the launch fee into installments, all installments are due on schedule, and the site remains ours to take offline if an installment goes unpaid for more than 10 days after we notify you. Prices exclude any applicable taxes and third-party costs such as domain registration.

How long it takes

We aim to have your site live within 7 business days of the later of (a) the date you pay and (b) the date we have everything we need from you. The clock pauses if we ask you for something we need and do not hear back for 3 consecutive business days, and it restarts when you reply. This timeline is a good-faith target, not a guarantee, and does not apply to delays caused by domain registrar processing, DNS propagation, or other third parties.

What we need from you

To build and launch your site you agree to give us accurate business information (services, service area, hours, license numbers where applicable, phone, address); send any photos, logos, or copy you want used and confirm you have the right to use them; give us the access we need to connect your domain, either by adding two DNS records yourself or by giving us delegated access at your registrar; and respond to our questions within a reasonable time. You are responsible for the accuracy and legality of everything you send us.

Changes and revisions

Before launch, and for 14 days after launch, you get unlimited revision rounds to your services, wording, colors, hours, photos, and business details. After that, on the care plan, you get up to 2 small content changes per month, each up to about 30 minutes of work (text edits, swapping a photo, updating hours, adding or removing a service). Unused changes do not roll over. Anything larger (new pages, design overhauls, new functionality) is quoted separately before any work starts, and never begins without your written go-ahead.

The care plan

The $49/month care plan includes hosting, SSL, security updates, software and platform updates, uptime monitoring, backups, and the included small content changes described above. It does not include paid advertising management, search-engine optimization campaigns, content writing, new pages or redesigns, third-party subscription costs, or emergency restoration of damage caused by changes you or a third party make to the site. There is no contract term and no cancellation fee. You can cancel at any time by emailing hello@pbmagency.com; cancellation takes effect at the end of the current paid month, you are not billed again, and partial months are not refunded or prorated.

Domains

If you already own a domain, we never touch your nameservers. We ask you to add or approve two DNS records only, so your existing domain points at your new site. Your email and any other service on that domain keep working exactly as they do now. The domain stays registered to you throughout and we make no claim to it.

If we register a domain for you,we do so as part of getting you live. Registration typically costs $15 to $20 per year and is included in getting you launched. PBM registers and holds this domain for the duration of your engagement, keeping auto-renew on and the registrar account funded so the domain cannot lapse. When you leave, the domain is yours at no cost: on offboarding we transfer the domain to a registrar account of your choosing free of charge, give you a copy of your site's code and content, and disconnect your site from our systems.

Important, and we would rather you hear it now than at the worst possible moment: ICANN rules impose a 60-day transfer lock on a newly registered domain. If you leave within the first 60 days after we register it, the domain cannot be transferred to you until that lock expires. We will point the domain wherever you ask in the meantime and complete the transfer as soon as ICANN permits it. This is a registry-level rule that neither of us can waive. Domain registration fees already paid are not refundable, because we cannot recover them from the registrar.

Who owns what

Your content is yours. Your business name, logo, text, photos, and reviews remain yours. You grant us the license to use them to build, launch, host, and maintain your site.

Your site is yours once paid for.On full payment of the launch fee we assign to you ownership of the final website design and content as delivered for your business. If you leave, we give you a copy of the site's code and content.

Our reusable materials stay ours.The underlying templates, component library, page layouts, build tooling, and any code we reuse across clients remain PBM's property. You get a perpetual, non-exclusive license to keep using them as part of your site, but not the right to resell, relicense, or redistribute them as a template or product.

Stock photography and fonts are licensed, not owned. Photos we supply come from third-party stock libraries under their licenses, and fonts under theirs. Those licenses pass through to your site's use of them; they do not give you the right to use those assets elsewhere, and we do not warrant them beyond the licenses we hold. Your site runs on third-party hosting and services whose terms apply to their part of the stack.

Cancellation and offboarding

You can cancel the care plan at any time. When it ends, we stop billing you; your site stops being hosted by us on your final paid day; on request we give you a copy of your site's code and content; if we registered your domain, we transfer it to you at no cost, subject to the ICANN 60-day lock; and we disconnect your site from our systems. We will keep an offboarding request open for a reasonable window (typically 30 days from your final paid day) to complete the handover and domain transfer. We may suspend or terminate service, with notice, if you do not pay, if you use the site for unlawful purposes, or if your content exposes us to legal risk.

Refunds

Refunds are governed by our Refund Policy, which forms part of this Agreement.

No performance guarantees

We do not guarantee search rankings, traffic, leads, calls, advertising results, conversion rates, or revenue. Search engines, mapping services, ad platforms, and directories are controlled by third parties who change their systems without notice and without consulting us. We do commit to building your site competently, launching it, and keeping it running. Nothing we say in marketing, email, or conversation should be read as a guarantee of business results.

Communications

Our Privacy Policy and Terms of Use, published at pbmagency.com, govern how we handle your information and how our email and text messaging program works, including how to opt out. Consent to receive text messages is not a condition of purchase. We will never ask you for passwords or two-factor codes by email or text; where access is needed we send written instructions or arrange a call.

Your content, and who is responsible for it

You are responsible for what you tell us to publish. You confirm that you own or have permission to use everything you send us, and that your site's claims about your business (licenses, certifications, insurance, guarantees, pricing, awards, reviews) are true and lawful. You agree to cover us for third-party claims arising out of content you supplied, including copyright claims over photos and logos, and claims about advertising accuracy.

Limitation of liability

We provide the site and services on a commercially reasonable basis. To the fullest extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, or for lost profits, lost business, or lost data; our total liability for any claim is capped at the amounts you paid us in the 6 months before the claim arose; and nothing here limits liability that cannot be limited under applicable law.

Dispute resolution

Talk to us first. Before starting any formal proceeding, you agree to contact us at hello@pbmagency.com and give us 30 days to resolve the issue. Most disputes end here.

Arbitration.Any dispute arising out of or relating to this Agreement or our services that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its rules for consumer or commercial disputes, seated in the county of PBM's principal place of business in the State of Texas.

Small claims carve-out. Either of us may bring an individual claim in small claims court instead, if it qualifies.

Class action waiver. Disputes will be brought only in an individual capacity. Neither of us will bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to the remaining claims.

Opt-out. You may opt out of this arbitration section by emailing hello@pbmagency.com within 30 days of first accepting this Agreement. Opting out does not affect anything else in this Agreement.

Governing law

This Agreement is governed by the laws of the State of Texas, without regard to its conflict of laws rules. Subject to the arbitration section above, the exclusive venue for any dispute is the state and federal courts located in the county of PBM's principal place of business in Texas.

General

We may update this Agreement; material changes will be sent to the email address on your account before they take effect, and continuing to use the service after that means you accept the update. This Agreement, the Refund Policy, and the published Privacy Policy and Terms of Use are the whole agreement between us and replace anything said in email, text, or conversation, including in automated correspondence. If any part is unenforceable, the rest stays in effect. You may not assign this Agreement without our consent; we may assign it in connection with a sale of the business. If we do not enforce something right away, we have not given up the right to enforce it later.

Contact

PBM Agency, LLC. Questions about this Agreement: hello@pbmagency.com or by mail at PBM Agency, 421 8th Ave #9227, New York, NY 10001, or by phone at (512) 580-8472.

Back to home