Terms of Service

By accessing our website, creating a client portal account, signing a proposal, or paying an invoice, you agree to these Terms. If you are accepting on behalf of a business, you confirm that you have authority to bind that business. If you do not agree, do not use our website or Services.

If a signed proposal, statement of work, or other written agreement between you and Built by Billy conflicts with these Terms, the signed agreement controls for that project.

Built by Billy provides, depending on what you purchase:

• Website design and development — Starter, Growth, and Custom / Portal website packages.
• Data analytics services — business dashboards, analytics consulting, and bundled website + analytics projects.
• Monthly Care Plans — hosting, maintenance, security updates, monitoring, and support after launch.
• Social media and marketing management — content creation, scheduled social publishing, email campaigns, and SMS campaigns.

Package contents and prices are described on our pricing page and confirmed in your written scope. Prices on the website may change, but the price in your agreed scope applies to your project.

• Written scope: Every project begins with a written scope covering deliverables, timeline, and price. No work starts and no payment is due until you have agreed to it.
• Revisions: All website packages include 2 rounds of design revisions. Further revisions are billed at our hourly rate.
• Out-of-scope work: Requests outside the agreed scope are billed at $100–$125/hour, or quoted separately. We will tell you before doing billable out-of-scope work.
• Rush delivery: Delivery in under 2 weeks carries a 25% surcharge.
• Timelines: Timelines are estimates and depend on you providing content, feedback, and approvals on time. Delays on your side may push back delivery dates.
• Post-launch support: Starter and Growth websites include 30 days of support after launch; Custom / Portal projects include 90 days. This covers fixing defects in what we delivered, not new features.

• Project milestones: One-time projects are invoiced in three milestones: 33% to start, 33% at design approval, and 34% at launch.
• Recurring services: Care Plans and social media management are billed monthly in advance.
• Payment processing: Payments are processed by Stripe. By providing a payment method, you authorize us to charge it for the amounts you have agreed to, including recurring charges.
• Late payment: Invoices are due on receipt unless your scope says otherwise. We may pause work, delay launch, or suspend hosted services while an invoice is more than 15 days past due.
• Refunds: Milestone payments cover work already performed and are non-refundable once that milestone's work has started. Monthly fees for a billing period that has already begun are not prorated or refunded.
• Taxes: Prices do not include sales or other taxes, which are added where required by law.

• Care Plan billing starts the month after your included post-launch support window ends.
• Every Care Plan includes hosting. If a Care Plan ends, we are no longer responsible for hosting, maintaining, or backing up your site.
• You can move between Care Plans at any time. Changes take effect at the start of the next billing period.
• Included hours and content updates that go unused do not roll over to the next month.
• You can cancel a Care Plan or social media management plan with 30 days' written notice. Service continues through the end of the paid period.
• When a Care Plan ends, we will help you move your site and files to a host you choose. Migration work beyond providing your files is billed at our hourly rate.

You agree to:

• Provide accurate business information, content, and timely feedback and approvals.
• Own, or have permission to use, every logo, image, text, and other material you give us, and confirm that our use of it for your project does not infringe anyone else's rights.
• Review content, pages, and campaigns before you approve them. Once you approve something, you are responsible for its accuracy and legality.
• Keep your portal login and any connected platform credentials secure.
• Not use our Services for anything unlawful, deceptive, defamatory, or harmful, or to send spam.

When we send email or SMS campaigns, or publish social media content, on your behalf:

• Consent is your responsibility. You confirm that every contact you give us has given the consent required by law to receive your messages, including prior express written consent for marketing text messages under the TCPA, and that you keep records of that consent.
• Compliance: You agree to comply with applicable laws, including the TCPA, the CAN-SPAM Act, carrier requirements, and state telemarketing and privacy laws. We will include opt-out instructions and honor STOP and unsubscribe requests immediately.
• Platform rules: Social accounts are connected through each platform's official authorization. Your content and accounts remain subject to each platform's own terms. We are not responsible for platform outages, policy changes, reach, or account actions a platform takes.
• Messaging providers: SMS is delivered through Twilio and email through Mailchimp. Delivery is subject to carrier and provider approval, and we cannot guarantee that every message is delivered.
• Our right to refuse: We may decline to send or publish any content we reasonably believe is unlawful, misleading, or likely to violate a platform's or provider's policies.

• Your deliverables: Once you have paid all fees for a project in full, you own the final website design, content, and custom code we created specifically for you.
• Your materials: You keep ownership of everything you give us. You grant us a license to use it only as needed to provide the Services.
• Our tools: We keep ownership of our pre-existing code, templates, components, internal tools, and know-how. You receive a perpetual, non-exclusive license to use any of these that are built into your deliverables.
• Third-party assets: Open-source software, fonts, stock images, and plugins stay subject to their own licenses.
• Portfolio: Unless you ask us not to in writing, we may show completed work in our portfolio and marketing materials.

We use AI tools to help draft captions, email copy, and other content. Every AI-assisted draft is reviewed before delivery, but you should still check facts, claims, pricing, and offers before approving it. We do not guarantee that AI-assisted content is error-free or unique, and you are responsible for content once you approve it.

You are responsible for all activity under your client portal account. Tell us right away if you suspect unauthorized access. We may suspend accounts that are used to violate these Terms or that put the security of our platform at risk.

Our Services rely on third-party providers, including Stripe, Amazon Web Services, Vercel, Twilio, Mailchimp, Postiz, Anthropic, and the social media platforms you connect. We are not responsible for their availability, performance, or policy changes, and your use of them may also be governed by their own terms.

We perform our Services with professional care, but except as stated in these Terms or your written scope, the Services are provided "as is" and "as available." We do not guarantee specific results, including search rankings, traffic, engagement, follower growth, leads, or revenue. We do not guarantee uninterrupted or error-free operation of any website or platform.

To the fullest extent permitted by law, Built by Billy will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if we were told they were possible.

Our total liability for any claim relating to the Services is limited to the amount you paid us for the specific Service giving rise to the claim during the 3 months before the claim arose.

You agree to defend and indemnify Built by Billy against claims, damages, fines, and costs (including reasonable legal fees) arising from materials you provide, content you approve, messages sent to contacts you supply, or your breach of these Terms or of applicable law.

• Either party may end a one-time project with written notice. You pay for work completed through the termination date, and milestone payments already made are not refunded.
• We may suspend or terminate Services right away if you materially breach these Terms, fail to pay, or use the Services unlawfully.
• On termination, any unpaid fees become due. Ownership of deliverables transfers only for work that has been paid for in full.
• Sections on payment, intellectual property, disclaimers, limitation of liability, indemnification, and governing law continue to apply after termination.

These Terms are governed by the laws of the state in which Built by Billy is based, without regard to its conflict-of-law rules. Before filing any claim, both parties agree to try to resolve the dispute informally by contacting the other in writing and allowing 30 days to reach a resolution.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. We will tell active clients about material changes by email. Continuing to use the Services after a change is posted means you accept the updated Terms. Changes do not alter the price or scope of a project you have already agreed to.

For questions about these Terms: