Make your new site yours.

Website Services Agreement

Between: Fontus Marketing LLC, a Minnesota limited liability company ("Fontus", "we", "us"),

and: the business whose legal name and business address are typed in the sign-up form at the end of this agreement ("you"), at that business address.

Start date: the day your $1,500 setup fee payment goes through.

1. What we do

1.1 We build a website for your business, based on the preview we showed you, put it on your domain, and keep it running for as long as this agreement is active.

1.2 The website includes online booking, appointment reminders, no-show follow-up (a text inviting a patient to rebook, sent when your team marks their appointment as a no-show), and a text back to callers whose call to your business goes unanswered (the "missed-call text"). The missed-call text can only reach callers whose phone number can receive texts; it can't reach landlines or blocked numbers.

1.3 If you already take bookings through a program such as Vagaro, Square, Fresha or Moxie, you keep using it. The website's booking buttons send patients to that program, and that program sends its own reminders and any no-show messages. In that case, our appointment reminders and our no-show follow-up are not included, because that program handles them. The website and the missed-call text are still included, and the price is the same.

1.4 You keep your business phone number. You set your phone service to forward unanswered calls to a new number we give you. That new number sends the missed-call text. If your phone service can't forward unanswered calls, the missed-call text can't run, and the price is the same. When a caller leaves a voicemail on it, you receive the voicemail as a text and as an email.

1.5 Texts are sent in your business's name, from a phone number registered to your business. Phone carriers must approve that registration before any texts can be sent. Until they approve it, no texts are sent at all; booking confirmations and voicemail alerts are sent by email instead.

1.6 Nothing else is included unless we both agree to it in writing. For example, ads, search engine work, review requests, new pages, redesigns and new features are not included.

1.7 This agreement covers one business location: the location address typed in the sign-up form at the end of this agreement. Each additional location needs its own agreement and its own fees.

2. What we need from you

2.1 When you sign up, you give us your legal business name, address and EIN, typed exactly as they appear on your IRS EIN letter (form CP 575 or 147C). They must be accurate. Phone carriers reject registrations that don't match the IRS letter.

2.2 You add one DNS record to your domain, which we send you word for word. If you prefer, we add it together on a screen share. Later, once texting is approved, you make (or let us make) the change that moves your main web address to the new website.

2.3 You reply to our emails, calls and texts, and give the approvals we ask for, within 3 business days. Business days are Monday to Friday, except US federal holidays, counted in Central Time.

2.4 Any photos, logos or text you send us must be yours to use.

2.5 You are responsible for what your business offers and says, including any claims about treatments and results, and for following the laws that apply to your business, including patient privacy rules. The website asks patients only for their contact details and the treatment they want to book. Don't ask us to collect medical history or other health records through the website.

2.6 You only use the texting features to message people who contacted your business or asked to hear from you. Every text includes opt-out wording, and anyone who opts out stops receiving texts.

2.7 If the phone carriers reject your texting registration because the legal name, address or EIN you gave us does not match your IRS EIN letter, we correct it and send it again. The first submission and one resubmission are included. Each further resubmission caused by details you gave us costs $75. We tell you in writing before we charge it, and you authorize us to charge it to your card. If the details you typed at sign-up matched your IRS EIN letter and we made the typing mistake, there is no charge.

2.8 Days spent fixing and resubmitting a texting registration because of details you gave us do not count against us for any deadline in this agreement.

3. Fees

3.1 Setup fee: $1,500, charged on the start date.

If you choose the monthly plan:

3.2 You pay $297 a month. The first monthly payment is charged automatically to your card 30 days after the start date, and again on that same day every month after that, until you cancel. In a month that doesn't have that day (for example, the 31st), it is charged on the month's last day. You authorize us to charge your card for each of these payments. We also email you a reminder 3 days before the first monthly payment; the payment is due whether or not you receive the reminder.

3.3 If you cancel the monthly plan, your service continues until the day before your next monthly payment would have been charged, and then it stops. If your cancel email arrives by 11:59 PM Central Time on the day before your next payment, you are not charged again. Canceling does not refund a payment already charged. For example: if your payments are charged on the 10th and you cancel on the 25th, your service runs until the 9th of the next month.

If you choose the annual plan:

3.2 You pay $2,970 a year. That is 10 months' price for 12 months of service. The first annual payment is charged automatically to your card 30 days after the start date, and again on that same date every year after that, until you cancel. You authorize us to charge your card for each of these payments. We also email you a reminder 3 days before each annual payment; the payment is due whether or not you receive the reminder.

3.3 Canceling an annual plan does not refund the annual payment. If you cancel the annual plan, your service continues until the day before your next annual payment would have been charged, and then it stops. If your cancel email arrives by 11:59 PM Central Time on the day before your next payment, you are not charged again. For example: if you pay for the year on March 1 and cancel on July 1, your service runs until the last day of the following February, and you receive no refund.

For both plans:

3.4 Your price will not increase for 12 months after your first monthly or annual payment is charged. After that, we can change it, but only if we tell you in writing at least 30 days before the change.

3.5 Prices do not include sales tax. If sales tax applies, it is added.

3.6 Switching from monthly to annual: you can ask at any time by emailing hello@fontusmarketing.com. The switch happens on your next monthly payment date: on that date we charge the annual payment instead of the monthly one, and there are no partial credits. The annual payment is 10 times the monthly price you pay at that time.

3.7 Switching from annual to monthly: you can ask by emailing hello@fontusmarketing.com, and the switch happens when the year you have paid for ends. Monthly payments start on the date your next annual payment would have been charged. Switching does not refund an annual payment already charged.

4. Refund of the setup fee

4.1 If your website is not live within 30 days of the start date because of a delay on our side, you can ask for the full $1,500 setup fee back by emailing hello@fontusmarketing.com. You must ask before your website goes live; once it is live, you can no longer ask. If we refund the setup fee, this agreement ends, we also refund any monthly or annual payment already charged, and we send the refund within 10 business days. "Live" means patients can visit your website at the address we set up for it (for example, book.yourspa.com) and can book, or reach your booking program, from it. Texting approval is not part of "live", because the phone carriers control its timing.

4.2 When we count the 30 days for a setup fee refund, we do not count any day on which we are waiting on you: for information, for access, for an approval, or for a reply to our emails, calls or texts. This includes days within the 3 business days you have to reply to us. A request for work this agreement does not include, such as a new page, a redesign or a new feature, is not a delay on our side. A delay caused by phone carriers, your domain provider or your phone company is not a delay on our side.

4.3 The $1,500 setup fee is not refunded, except when your website is not live within 30 days of the start date because of a delay on our side and you ask by email before it goes live.

4.4 If the phone carriers have not approved your texting registration within 60 days of the start date, and the legal name, address and EIN you gave us were accurate, you can cancel by emailing hello@fontusmarketing.com and we refund the monthly or annual payments you have made. You can use this only after those 60 days and before the carriers approve your registration. We send at least one resubmission before those 60 days are up, and we send the refund within 10 business days. The $1,500 setup fee is not refunded under this paragraph.

5. Late or failed payments

5.1 If a payment fails, we retry your card and email you a link to update it.

5.2 If a payment is still unpaid 14 days after it was due, we pause the texting and online booking on your website. Your website stays up and shows your phone number.

5.3 If a payment is still unpaid 30 days after it was due, we take your website down and this agreement ends. You still owe the unpaid payment. We send you your contact list. We do not send you a copy of your website, because a copy is only provided to clients whose account is paid up.

5.4 If you dispute a payment with your bank or card company, we pause the texting and online booking on your website while the dispute is open. Your website stays up and shows your phone number. If the dispute is decided in our favor, we turn them back on once your account is paid up. If it is decided in your favor, this agreement ends; we send you your contact list, but not a copy of your website.

6. Changes and support

6.1 Up to 10 small changes each calendar month are included at no extra charge. Small changes beyond 10 in a calendar month are done the next month, or sooner for $75 each if you ask for that; we tell you in writing before we charge it, and you authorize us to charge it to your card. A small change updates something already on your website and takes us 30 minutes or less, for example: changing a price, swapping a photo, updating your hours, fixing a sentence, or adding or removing a treatment from a list. We make each small change within 3 business days of your request. Send change requests by email to hello@fontusmarketing.com. Business days are Monday to Friday, except US federal holidays, counted in Central Time. If a request is a bigger job, we tell you before we start. Several requests that together make up a bigger job, such as a redesign sent in pieces, count as a bigger job.

6.2 Anything larger is a bigger job and is not included, for example: a new page, a redesign, rewriting a whole page, or a new feature. We send you a written quote first, and we only start, and only charge you, if you approve the quote.

6.3 If something on your website stops working, email hello@fontusmarketing.com. We reply within 1 business day of your email. Business days are Monday to Friday, except US federal holidays, counted in Central Time. A reply means we answer you; the fix itself may take longer.

7. Canceling

7.1 There is no minimum term. You can cancel at any time by emailing hello@fontusmarketing.com. A phone call or a text message does not cancel; only an email to that address does. We confirm your cancellation by email within 1 business day. To stop your next payment, your email must arrive by 11:59 PM Central Time on the day before that payment is charged. Canceling does not refund a payment already charged.

7.2 On a monthly plan, your service continues until the day before your next monthly payment would have been charged, and then it stops. Canceling does not refund a payment already charged.

7.3 On an annual plan, your service continues until the day before your next annual payment would have been charged, and then it stops. Canceling does not refund the annual payment.

7.4 When your service stops, your website goes offline. We send you your contact list and, if your account is paid up, a copy of your website's pages that you can use for your own business. The copy does not include photos we supplied; it includes the photos you gave us. Online booking, reminders and texts stop, because they run on our systems. If your main web address points to the website, it shows nothing until you or your web person points it somewhere else; we email you instructions for doing that. We send your contact list as a spreadsheet by email within 5 business days after your service stops.

7.5 We can end this agreement for any reason by telling you in writing at least 30 days before the end date. If we do, we refund the part of any monthly or annual payment that covers time after the end date, within 10 business days.

7.6 We can pause the texting, or the whole service, immediately if the texting features are used to message people who did not ask to hear from you, or if the service is used for anything illegal. We tell you the reason in writing. If the problem is not fixed within 7 days of that notice, we can end this agreement.

8. Who owns what

8.1 You own your domain name, your business name and logo, the photos and text you give us, and your contact list.

8.2 We own the templates, designs, code and automations we use to build and run websites. While this agreement is active, you can use them as part of your website. If we send you a copy of your website's pages when your service stops, that copy is yours to keep and use for your own business. Photos we supplied are only licensed for use on your website while this agreement is active.

9. Limits

9.1 We do the work carefully and professionally, but we do not guarantee any number of bookings, calls, patients or revenue.

9.2 We are not responsible for outages or delays caused by services outside our control, including phone carriers, hosting providers, payment processors, and your domain or phone company.

9.3 The most we can owe you under this agreement, for any reason, is the total you paid us in the 3 months before the problem arose.

10. The rest

10.1 This agreement is the entire agreement between us. A change only counts if it is in writing and both of us agree to it. Email counts as writing.

10.2 Minnesota law applies. Any dispute goes to the state or federal courts in Hennepin County, Minnesota.

10.3 Signing electronically is the same as signing on paper.

10.4 If a court decides that one part of this agreement cannot be enforced, the rest of it still applies.

10.5 The person signing for your business confirms they are allowed to sign agreements for it.

Signatures

Fontus Marketing LLC: Greg Dube.

Your business: the name, title and signature entered in the sign-up form below, dated the day the form is sent.