Terms of Service

Last updated: May 5, 2026

These terms govern your use of the Westhird website and services. Westhird is operated by Michael West ("we", "us", or "our"), a sole proprietorship based in Saint Louis, Missouri, USA.

By using our website or hiring us for services, you agree to these terms. If you don't agree, please don't use the site or hire us.

What we offer

We design and build websites, optimize Google Business Profiles, write copy, integrate AI chatbots, and provide ongoing maintenance. We work with small businesses across the United States.

The specific scope of work for any project is defined in the quote and Statement of Work we send you when you sign on.

Pricing and payment

• Each project is quoted in advance with a flat price. Quotes are valid for 14 days.
• For projects of $300 or more, we require a 50% deposit before work begins and the remaining 50% on the day your site goes live.
• For projects under $300 (such as standalone GBP optimization or single-page copy), full payment is due on or before delivery.
• Maintenance plans (Basic, Standard, Pro) are billed monthly via Stripe Subscription on the date you sign up. The first month is free.
• All payments are processed through Stripe. We accept credit cards, debit cards, Apple Pay, Google Pay, and ACH bank transfers.

Refunds

• You may cancel within 48 hours of paying your deposit for a full refund, no questions asked.
• After 48 hours, deposits are non-refundable because work has begun.
• Final payments (paid at launch) are non-refundable because services have been delivered.
• Maintenance subscriptions can be cancelled at any time through the customer portal. We do not refund the current month's payment, but you will not be charged for the following month.

What is included in a project

• Two rounds of revisions on each major deliverable
• Project status updates as we progress
• A handoff call when your site goes live
• All source files transferred to you upon final payment

What is NOT included

• Unlimited revisions beyond the two rounds
• Premium stock photo licenses (you are responsible for these if you want them)
• Domain registration fees (you buy and own the domain in your name)
• Hosting fees beyond the first 30 days post-launch (transferred to you on launch)
• Third-party platform subscriptions (Stripe, Square, ChowNow, Toast, etc.)
• SEO ranking guarantees or specific traffic outcomes (see Disclaimer below)

Intellectual property

• Before final payment, we retain ownership of all designs, code, copy, and content created for your project.
• After final payment, all deliverables transfer to you. You own the website, the code, the copy, and all assets we created specifically for your project.
• We retain the right to:
  • Display the work in our portfolio
  • Mention you as a client
  • Reuse generic code patterns, design systems, and frameworks (these are not licensed exclusively to you)
  • Reference the project in case studies and marketing materials

If you have specific confidentiality requirements, let us know in writing before work begins.

Late payments

• Final payment is due within 5 days of launch. After 5 days, a $25 late fee applies, and the fee accrues weekly until paid.
• After 30 days late, we reserve the right to take down or restrict access to the site until payment is received.
• Failed maintenance subscription payments are retried automatically by Stripe. After 2 failed retries, the subscription pauses and a $25 reactivation fee applies to restart.

Maintenance plans

• Plans auto-renew monthly until cancelled.
• You may switch tiers (Basic, Standard, Pro) at any time through the customer portal we send you. Changes prorate automatically.
• Cancellation takes effect at the end of the current billing month.
• We reserve the right to discontinue maintenance plans with 30 days notice. In that case, we will pro-rate any unused portion.
• Hours included in each tier do not roll over. Unused content swap hours expire at the end of the month.

Acceptable use

By working with us, you agree:

• Not to ask us to build websites that violate laws or regulations
• Not to use our services for fraudulent, deceptive, or illegal businesses
• Not to ask us to copy or steal another business's website, branding, or content
• To provide accurate information about your business when we ask
• To respond within reasonable time during active projects (typically 48 hours during a build)

If we determine in good faith that a project violates these terms, we may decline or terminate the work. Deposits paid for terminated work are non-refundable except where required by law.

Disclaimer

We work hard to deliver effective websites that bring in customers. We do not guarantee specific outcomes like sales volume, search engine ranking, traffic numbers, conversion rates, or revenue. These depend on many factors outside our control, including your business operations, your market, your customers, and changes to platforms like Google.

Our services are provided "as is" without warranties of any kind beyond what is required by applicable law.

Limitation of liability

To the maximum extent permitted by law, our total liability for any claim arising from your project is limited to the amount you actually paid us for that project. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if we have been advised of the possibility.

Some jurisdictions don't allow these limitations, in which case they apply only to the extent permitted.

Termination

Either party may terminate a project in writing.

• If you terminate before launch, the deposit is non-refundable but you keep all materials we have delivered up to that point.
• If we terminate (rare, usually only for non-payment, scope violation, or acceptable use violations), we will pro-rate work delivered.

Termination of a maintenance plan follows the cancellation rules under "Maintenance plans" above.

Changes to these terms

We may update these terms occasionally. Material changes will be communicated by email to active clients at least 14 days before they take effect. Continued use of our services after that date means you accept the updated terms.

Governing law and disputes

These terms are governed by the laws of the State of Missouri, USA, without regard to conflict of laws principles.

Any dispute arising from these terms or our work together will first be addressed informally between us. If we cannot resolve it informally, we both agree to pursue mediation in good faith before any party files a lawsuit. If mediation fails, the dispute will be resolved in the state or federal courts located in St. Louis County, Missouri, and both parties consent to that jurisdiction.

Contact

Questions about these terms?

• Email: hello@westhird.com
• Mail: Michael West, Westhird, Saint Louis, Missouri, USA

By continuing to use our services after the "Last updated" date above, you confirm you have read and accepted these terms.