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Terms of Service

Effective date: October 5, 2026

These Terms of Service (“Terms”) are an agreement between you and Smith Consulting & Design, LLC, a Florida limited liability company doing business as The Web Smithy (“we,” “us,” or “our”). They apply to your use of this website and to the services we provide. By using this website or our services, you agree to these Terms. If you do not agree, please do not use them.

Some services have additional terms that also apply:

1. Our services

We provide website design and development, web hosting, domain registration, webmaster and website management, and Google Business Profile services.

  • Website projects: each design or build project is governed by a written proposal or agreement signed by you and us. That document sets the scope, price, schedule, deposit, and ownership terms. If it conflicts with these Terms, the signed proposal or agreement controls for that project.
  • Quotes and prices: prices and descriptions on this website are general information, not an offer. Your quote, proposal, or invoice states your actual price. We may change our published prices at any time, but changes will not affect work you have already agreed to.
  • Hourly work: work outside a signed proposal or a Care plan’s included hours is billed at our current hourly rate, which is shown on our website or your invoice.

2. No guaranteed results

We work hard to help your website and online presence succeed, but we cannot control search engines, Google, social platforms, or your customers. We do not guarantee any specific search ranking, Google Business Profile placement, website traffic, number of leads, or sales. Information on this website, including blog articles, is general information and not legal, tax, or financial advice.

3. Your responsibilities as a client

  • You will give us accurate information, timely feedback, and the access we need to do the work.
  • You confirm that you own or have permission to use all text, images, logos, and other material you give us, and that using it on your website will not violate anyone’s rights or any law.
  • You are responsible for the content, products, and services offered on your own website, and for your website’s compliance with laws that apply to your business, such as privacy, advertising, and industry rules.
  • You will keep your passwords secure and tell us promptly if you believe an account has been compromised.

4. Ownership and intellectual property

All content on this website, including text, graphics, logos, photographs, and code, belongs to us or our licensors and is protected by copyright and trademark law. You may view and print pages for your personal or internal business use, but you may not copy, republish, or sell our content without written permission.

Ownership of work we create for you is set out in your signed proposal or agreement. Unless that document says otherwise, once you have paid in full you own the final website design and content created specifically for you, and we keep ownership of our pre-existing tools, code, and methods, which we license to you for use with your website. Third-party themes, plugins, fonts, and stock images remain subject to their own licenses. We may show completed public work in our portfolio unless you ask us not to in writing.

5. Acceptable use of this website

When using this website, you agree not to:

  • Break any law or violate anyone else’s rights.
  • Try to hack, overload, or disrupt the website, or access areas you are not authorized to use.
  • Send spam, malware, or false information through our forms.
  • Copy or scrape the website’s content by automated means without our permission.

6. Third-party services and links

Our services rely on third-party providers such as hosting companies, domain registrars, WordPress and its plugins, payment processors, and Google. Their products are covered by their own terms. We are not responsible for outages, changes, or failures of third-party services that are outside our reasonable control, but we will help you work through them. Links to other websites are provided for convenience only, and we are not responsible for their content.

7. Disclaimer of warranties

Except as stated in a signed proposal or agreement, this website and our services are provided “as is” and “as available.” To the fullest extent allowed by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that any website or service will be uninterrupted, error-free, or completely secure.

8. Limitation of liability

To the fullest extent allowed by law:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we were told they were possible.
  • Our total liability for any claim related to this website or our services is limited to the amount you paid us for the service involved in the 12 months before the claim arose.

Some states do not allow certain limits on liability, so some of these limits may not apply to you.

9. Indemnification

You agree to defend and hold us harmless from claims, losses, and reasonable legal fees that arise from content or materials you provide to us, your website’s products or services, or your violation of these Terms or of anyone else’s rights.

10. Resolving disputes

If you have a concern, please contact us first. Most problems can be solved quickly that way. Before starting any legal action, each party agrees to give the other written notice of the dispute and at least 30 days to try to resolve it informally.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any lawsuit must be brought in the state or federal courts located in Hillsborough County, Florida, and both parties consent to those courts’ jurisdiction. Either party may bring a qualifying claim in small claims court.

11. Accessibility

We want this website to be usable by everyone. See our Accessibility Statement to learn about our efforts or to report a problem.

12. Changes to these Terms

We may update these Terms from time to time. The new version takes effect when we post it on this page with a new effective date. Changes do not apply retroactively to work already agreed to in a signed proposal.

13. General

If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with the policies linked above and any signed proposal or agreement, are the entire agreement between you and us about their subject matter. You may not transfer your rights under these Terms without our written consent.

14. Contact us

Smith Consulting & Design, LLC (The Web Smithy)
Riverview, Florida
Email: info@smithcd.com
Phone: (813) 733-1582