Terms of Service

Last Updated: [September 24, 2025]

1. Overview / Agreement to Terms

Terms of Service Agreement

Welcome to Webemerg! These Terms of Service (“Terms”) govern your use of our website, subscription services, and all related offerings. By subscribing to a Webemerg plan, creating an account, or otherwise accessing our platform, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services.

Webemerg, Inc. reserves the right to update or modify these Terms at any time. If we make significant changes, we will notify active clients. Continued use of our services after such updates constitutes acceptance of the revised Terms.

2. Subscription Plans, Billing & Cancellations

2.1 Billing Cycle

By subscribing to any of our managed website plans, you agree to recurring billing on a monthly basis. Your payment method will be charged automatically on that day each month based on the original date of your subscription.

2.2 Cancellation & Site Access

You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of your current billing cycle. After the billing cycle ends, your website will be taken offline.

Webemerg uses a subscription-based model to deliver full-service website design and management at a fraction of traditional upfront design costs. This includes custom design, content updates, maintenance, security, and hosting — all fully managed by our team.

When your subscription ends, your site is no longer supported or hosted on our platform. However, to offer flexibility, we will store a data file of your website for 30 days after your cancellation. If you decide to re-subscribe within this time, your site can be restored without requiring a full rebuild.

Please note: Your subscription provides access to a fully managed website service — it does not include ownership or transfer of website files, source code, or hosting rights. All website assets remain under the management and control of Webemerg as part of our subscription model.

2.3 Refund Policy

Due to the nature of our work and the immediate resources deployed at the time of signup, all payments are non-refundable unless otherwise specified in writing.

If your business type falls under a restricted category (see Section 7), and you subscribed without prior approval, you will be refunded the subscription amount minus a $25 processing fee once your project is declined.

2.4 Missed Payments & Site Suspension

If payment is not received within 5 days of your billing date, your website will be temporarily suspended. During this time, your site will display a suspension notice and will not be publicly accessible.

If payment is not received within 30 days, your website and all associated data will be permanently deleted from our servers. If you wish to return after this, you are welcome to re-subscribe, but your site will need to be rebuilt from scratch. No additional fees will be charged beyond the monthly subscription, but standard build timelines will apply.

2.5 Plan Changes

You may upgrade or downgrade your plan at any time. New features or changes will take effect immediately upon plan change. Any differences in pricing will be prorated or charged accordingly in your next billing cycle.

2.6 Taxes

All fees are inclusive of applicable taxes. Webemerg currently serves U.S.-based businesses and organizations only, so no additional tax calculations are required at checkout.

3. Domain Management & Ownership

3.1 Domain Registration Through Webemerg

All subscription plans include one custom domain. If you do not already own a domain, Webemerg will register your desired domain name (subject to availability) and manage it on your behalf under our registrar account.

3.2 Transferring Existing Domains to Webemerg

If you already own a domain, it must be transferred to Webemerg’s registrar to consolidate billing and support. This ensures you aren’t paying separate registrar fees and allows us to manage your domain under your subscription plan.

3.3 Ownership of Domain Name

Even though Webemerg manages your domain, you retain full ownership. If you cancel your subscription, your domain will remain yours. However, it will no longer be covered under your plan and will convert to standard annual billing based on current market rates (e.g., .com, .org, .net).

3.4 Transferring Domain After Cancellation

If your plan is canceled, you may request a transfer of your domain to another registrar at any time. To initiate this, email support@webemerg.com and request your transfer code (EPP code). There is no fee for the transfer, but the new registrar may require renewal payment.

3.5 Non-Payment & Domain Expiration

  • The domain will enter an inactive state.
  • After approximately 30 days, the domain may enter a Redemption Period.
  • Recovering a domain from redemption requires a $100 redemption recovery fee, plus the standard annual domain renewal fee.

Webemerg is not responsible for loss of domain ownership due to non-payment or delayed transfer requests after cancellation. We strongly recommend transferring your domain promptly if you choose not to renew service.

4. Plan Structure & Feature Scope

4.1 Business-Type Specific Plans

Webemerg offers three distinct service tracks tailored to specific business types:

  • IgniteSite – for general business websites
  • MenuCraft – for restaurant and food service businesses
  • CourseFlow – for online learning and course-based platforms

Each track contains multiple pricing tiers (e.g., Starter Spark, MenuCraft Pro) with predefined features and levels of support. These offerings are clearly outlined on our website's plan comparison tables and reflect the full scope of what's included in your subscription.

4.2 What’s Included

Only the features shown in your selected plan are included in your subscription. While Webemerg may offer enhancements or expansions in future releases, current subscriptions are bound to the features listed at the time of purchase. Any additional functionality beyond your plan's listed scope may require an upgrade.

4.3 Non-Transferable Plan Use

Your selected plan is intended for the business type it was designed for. For example, MenuCraft plans are for restaurants, and CourseFlow plans are for course creators. Webemerg reserves the right to cancel and refund any subscription purchased for a mismatched business type, minus a $25 processing fee, per Section 2.3.

4.4 Feature Expectations & Customization

Each Webemerg plan includes a fully customized website tailored to your business goals, branding, and content all handled by our team. While all sites are professionally built and personalized, specific features, functionality, and integrations are based on the subscription plan selected.

We do not accommodate requests to mix or substitute features across plans, or to include functionality that falls outside the scope of your current tier. Any advanced requests will be reviewed to determine if a plan upgrade is required.

4.5 Service Clarity

Our managed website plans are fully handled by the Webemerg team including design, development, updates, and maintenance. Clients do not receive administrative access, editing privileges, or control over the backend. These plans are best suited for businesses who prefer a done-for-you experience, not for those seeking DIY access or independent site management.

4.6 Service Scope & Exclusions

What We Are. Webemerg is a website design and development provider offering fully managed websites. Our work includes custom design and build, hosting, routine updates, security, and ongoing site management according to your selected plan.

SEO Scope. All plans include on-page SEO fundamentals such as semantic HTML structure, clean URLs, page titles, meta descriptions, image alt text, internal linking, and performance best practices. Where included in your plan, we may also provide advanced SEO configuration (e.g., page-level keyword targets, structured data where applicable, indexing controls, and technical recommendations). SEO services are limited to the website we design and manage and do not include off-site SEO activities.

CRM & Email Features (Scope by Plan). Webemerg includes a built-in CRM and email capabilities within your dashboard; available features vary by plan and are intended for site-related communications—not agency-run marketing programs:

  • Starter Spark: Simple CRM setup to capture contact form leads and send welcome emails.
  • Business Boost: Tagging, segmentation, and email newsletter broadcasts from your dashboard.
  • Premium Pulse: Advanced automations, sequences, and behavior tracking within your CRM.
  • Elite Evolution: Full-featured CRM with custom workflows, campaign analytics, and smart lead management.

Webemerg provides configuration and technical support for the CRM features included in your plan. Content creation, list growth, strategy, and legal compliance for messaging remain the client’s responsibility.

Not a Marketing Agency. Webemerg does not provide full-service marketing or advertising. The following are outside the scope of our subscriptions unless explicitly stated in your plan:

  • Paid media strategy or campaign management (e.g., Google Ads, Meta)
  • Ongoing social media management or editorial calendars
  • Content marketing, PR or outreach, link-building, influencer/affiliate programs
  • End-to-end email marketing strategy, copywriting, or agency-operated campaigns beyond the in-dashboard CRM features noted above
  • Comprehensive conversion-rate optimization programs or broader multi-channel marketing funnels

We may integrate or embed supported third-party tools when included in your plan, but their configuration beyond initial setup, content, spend, compliance, data, and results remain your responsibility. Webemerg does not operate campaigns on your behalf unless separately agreed in writing.

No Performance Guarantees. While we follow best practices for UX and SEO, Webemerg does not guarantee specific rankings, traffic, conversions, or revenue outcomes. Results depend on many factors outside our control, including your industry, content, competition, and third-party platforms. You are responsible for ensuring that all messaging and email use comply with applicable laws (e.g., consent, unsubscribe, sender identity) and platform policies.

5. Client Responsibilities & Timeline Impact

5.1 Timely Participation

To maintain project momentum, clients must participate actively throughout the website build process. This includes completing intake forms, reviewing drafts, and responding to revision requests.

While we work to stay on track with every project, delays in client response or material submission may cause timelines to shift — this is not considered a service failure.

5.2 Content & Asset Submission

Clients are responsible for submitting all necessary materials, such as logos, images, product info, and copy, in a timely manner. The build process cannot proceed without these assets.

5.3 Communication Channels

All official communication should be conducted through the Webemerg client portal, email, or other approved channels. Response time expectations will be clearly outlined within the project dashboard.

5.4 Approvals & Feedback

Timely approvals and feedback are essential to staying on schedule. If client approvals or responses are delayed, the project may be placed on hold. Webemerg is not responsible for delays caused by prolonged client inactivity.

5.5 Clear Communication

Webemerg may pause your project if we do not receive a response to requests that are required in order to move forward. This includes approvals, feedback, or content submissions tied to specific stages of the project.

Since each phase depends on timely input, we cannot continue development until we hear back from you. Extended silence may significantly delay your timeline.

6. Intellectual Property & Content Use

6.1 Client-Provided Content

You represent that all content you provide to Webemerg (text, images, videos, logos, etc.) is either owned by you or that you have obtained proper rights and permissions for its use. You grant Webemerg a non-exclusive license to use this content solely for the purpose of creating and maintaining your website.

6.2 Webemerg-Created Assets

All design, layout, code, and custom elements created by Webemerg during your subscription remain the intellectual property of Webemerg. You are granted a license to use the website for as long as your subscription remains active and in good standing. Ownership of the final website does not transfer to the client. Upon cancellation or expiration of your subscription, your license to use the site and all associated assets ends.

6.3 Stock Images & Licensed Media

We may use licensed stock images or third-party assets as part of your website. These are covered by Webemerg’s commercial use licenses and may not be extracted, reused, or redistributed outside of the site we build and host for you.

6.4 Unauthorized Use

Clients may not reuse, duplicate, or distribute Webemerg-created designs, layouts, templates, or code for other websites, platforms, or projects without prior written consent.

6.5 Termination & IP

If your subscription is canceled or expires, your license to use the Webemerg-created website also ends. You may not copy or migrate the website, in part or in whole, to another platform. See Section 2 for information about data storage and restoration.

7. Industries & Projects We Do Not Support

To maintain quality, consistency, and alignment with Webemerg’s creative direction, we reserve the right to decline any project that falls outside the scope of industries we support.

We do not build websites for the following:

  • Adult content or explicit services
  • Gambling or betting platforms
  • Political campaigns or advocacy organizations
  • Religious ministries or faith-based organizations
  • Civil rights or identity-based causes
  • Dating websites or apps
  • Cannabis, CBD, or vape-related businesses
  • Multilevel marketing (MLM), pyramid-based, or get-rich-quick schemes
  • Projects involving controversial, polarizing, or high-risk subject matter

📌 Creative & Ethical Focus

Our decision to accept or decline a website project is based solely on the subject matter and intended messaging of the site — not on the identity, beliefs, or background of the client. Even if a business or service appears generally neutral, we may still decline projects where the primary focus, marketing language, or visual content promotes or campaigns for topics outside our accepted scope.

🔒 Content Scope Clarification

For example, while we may accept a general bakery business, we would not accept a website that uses that business to advocate for controversial event types or political/social causes. This policy ensures we remain focused on our team’s strengths and uphold our standards of quality and alignment.

💬 If You’re Unsure

If you're uncertain whether your business type is eligible, please contact us before subscribing. You may:

Please include details such as:

  • What your business does
  • What products or services you offer
  • The type of audience you serve
  • Any causes or missions promoted by the site

💸 Refund Disclaimer

If you subscribe without verifying and your project is later declined based on these restrictions, you will be refunded your initial payment minus a $25 processing fee, as outlined in Section 2.3.

✅ Your Agreement Matters

During the signup process, you will be prompted to accept these Terms of Service twice — once before selecting a plan, and again before completing your payment. By accepting, you confirm that your project complies with these industry guidelines.
If your project is later declined due to non-compliance, your subscription will be canceled and refunded minus a $25 processing fee, as outlined in Section 2.3.

8. Privacy & Data Security

8.1 Client Information

Webemerg collects only the information necessary to build and manage your website effectively. This may include your name, business details, branding assets, account credentials, and content materials. All client data is stored securely and used exclusively for the purposes of providing and improving our services.

8.2 Data Access & Confidentiality

Access to your data is limited to authorized Webemerg team members directly involved in your project. We do not sell, rent, or share your personal or business information with third parties, except as required to deliver essential services. Webemerg provides and manages hosting, domain registration, and other infrastructure-related services, and may work with trusted third-party vendors to fulfill these functions securely.

8.3 Security Practices

We implement reasonable security measures to protect your data, including SSL encryption, server-level protections, and access controls. While no system is completely immune to risks, we follow best practices to prevent unauthorized access, breaches, or data loss.

8.4 Client Responsibilities

Clients are responsible for safeguarding any login credentials or account access provided. If you suspect any unauthorized use of your account or data, you must notify Webemerg immediately.

8.5 Data Retention

If your subscription ends or your website is canceled, Webemerg will retain your website’s data for up to 30 days (as outlined in Section 2). After this retention period, your data will be permanently deleted from our systems, including backups.

9. Support & Communication

9.1 Standard Support

Support is primarily managed through the client portal using Webemerg’s built-in request and ticketing system. All support requests must be submitted through the portal to ensure accurate tracking, prioritization, and accountability — even if a call is scheduled or completed.

Clients may request a call directly from their dashboard; however, calls are supplemental and do not replace the requirement to log support needs through the system.

Additionally, optional weekly or monthly strategy and performance meetings are available after your site launches. These can be purchased as an add-on service through your dashboard.

9.2 What’s Covered

Support includes all standard updates, enhancements, and fixes as part of your selected plan. This may include:

  • Content updates to existing pages (text, images, links, etc.)
  • Style and layout improvements that align with your existing design
  • Troubleshooting issues affecting the live site’s performance or user experience
  • Clarifying how included features work or how your plan supports your business needs

9.3 What’s Not Covered

Support does not include:

  • Requests that fall outside the features or limits of your current plan tier
  • Entirely new functionality not included in your plan (e.g., adding eCommerce to a non-eCommerce plan)
  • Custom integrations or third-party tools not provided or supported by Webemerg
  • Training on how to build, edit, or manage the website on your own (our plans are fully managed)

9.4 Respectful Communication & Support Use

We maintain a respectful and professional communication environment. Abusive language, harassment, or misuse of our support system may result in restricted access to support or full cancellation of your service. In the event of cancellation due to such violations, no refunds will be issued.

9.5 Urgent Issues

Our systems include ongoing monitoring to ensure your website remains live and functioning as expected. In the event of a critical issue — such as downtime or a major display error — our team is alerted and takes action as quickly as possible.

While standard support operates within regular business hours, urgent issues flagged through your client portal or live chat will be prioritized for prompt attention. Be sure to mark your message as URGENT when submitting a request to help us route it correctly.

10. Privacy & Data Security

10.1 Data Collection

Webemerg collects only the information necessary to provide and support your website service. This includes your contact information, business details, and any content or files submitted through our forms or dashboard.

10.2 Data Usage

We use your information strictly to deliver and maintain your website, provide customer support, and communicate service updates. We do not sell, rent, or share your personal data with third parties for marketing purposes.

10.3 Third-Party Access

In some cases, Webemerg uses trusted third-party tools or platforms (such as domain registrars, hosting infrastructure, or client portal software) to provide certain features. These providers are subject to their own privacy policies, but Webemerg ensures all partners uphold secure data handling standards.

10.4 Account Protection

You are responsible for maintaining the confidentiality of your login credentials and account access. Notify Webemerg immediately if you believe your account has been compromised.

10.5 Data Retention

If your subscription ends or is canceled, we will retain your data for up to 30 days to allow for potential reactivation. After that period, all stored files, content, and credentials will be permanently deleted.

11. Limitation of Liability

11.1 Service Limitations

Webemerg provides its services on an “as-is” and “as-available” basis. While we make every effort to ensure reliability and uptime, we do not guarantee uninterrupted service, error-free performance, or that your website will meet every specific goal or expectation.

11.2 No Liability for Indirect Damages

Webemerg shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, business opportunities, or data arising from the use of or inability to use our services — even if we were advised of the possibility of such damages.

11.3 Total Liability Cap

To the fullest extent permitted by law, Webemerg’s total liability for any claim related to your use of our services shall not exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim.

11.4 Force Majeure

Webemerg shall not be held responsible for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, technical failures, internet outages, cyberattacks, or changes in legal regulations.

12. Privacy & Data Handling

12.1 Client Data Use

By using our services, you grant Webemerg the right to collect, store, and process the data you provide for the purpose of delivering and maintaining your website. This includes content, contact information, and technical details necessary to manage your account and services.

12.2 Third-Party Tools & Integrations

Your website may utilize third-party platforms or services (e.g., analytics tools, payment processors, email marketing services). While we strive to select reputable providers, Webemerg is not responsible for the privacy practices or data handling policies of these third-party tools.

12.3 Data Security

We implement commercially reasonable safeguards to protect your data. However, no method of electronic storage or transmission is 100% secure. You agree to use our services at your own risk and understand that we cannot guarantee absolute data security.

12.4 Retention & Deletion

If your subscription ends, Webemerg will retain a copy of your site data for 30 days, after which it will be permanently deleted unless otherwise agreed upon in writing. Domain information is handled per Section 3.

12.5 Communication Consent

By subscribing to our services, you agree to receive emails and system messages related to your account, project status, service updates, and billing. You may not opt out of service-critical communications while an active subscription is in place.

13. Limitation of Liability

13.1 Service Use at Your Own Risk

Webemerg provides managed website services on an “as-is” and “as-available” basis. While we strive for excellence, we do not guarantee that services will be uninterrupted, error-free, or completely secure. Your use of our services is at your own risk.

13.2 No Liability for Indirect Damages

To the fullest extent permitted by law, Webemerg shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, business interruption, or loss of data — even if we have been advised of the possibility of such damages.

13.3 Maximum Liability Cap

In no event shall Webemerg’s total liability to you for all claims arising from or relating to these terms exceed the total amount paid by you to Webemerg in the three (3) months preceding the claim.

13.4 Third-Party Services

We are not liable for issues, delays, outages, or damages arising from third-party platforms, plugins, domain registrars, hosting infrastructure, or integrations, whether they were selected by us or suggested by the client.

14. Changes to Terms

14.1 Right to Modify

Webemerg reserves the right to update or modify these Terms of Service at any time. Any changes will be effective immediately upon posting to our website unless otherwise specified. Your continued use of our services after changes are made constitutes your acceptance of the revised terms.

14.2 Notification of Changes

Significant changes to the Terms may be communicated via your client portal, email, or website notice. It is your responsibility to review the Terms periodically.

15. Governing Law & Dispute Resolution

15.1 Jurisdiction

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any disputes arising from or related to these Terms or the use of Webemerg’s services must first be addressed through informal resolution by contacting support@webemerg.com. If the matter cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Waukesha County, Wisconsin.

15.3 Limitations on Legal Action

Any claim or cause of action arising out of or related to use of the services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Final Notes

By subscribing to Webemerg’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

We’re committed to providing you with excellent service and transparent policies every step of the way. If you have any questions, contact us at support@webemerg.com.

Last Updated: [September 24, 2025]