This is a draft — review with counsel before launch.
Terms of Service
Last updated: Draft — pending legal review
These Terms of Service (the “Terms”) govern your use of the websites, digital-presence, and marketing services (the “Services”) provided by MakerSpa (“MakerSpa”, “we”, “us”). By engaging us or using the Services, you (the “Customer”) agree to these Terms.
1. The Services
MakerSpa provides a done-for-you digital presence for spas and wellness businesses. This typically includes designing and building a website, connecting a domain, configuring hosting, and — where selected — additional services such as listings setup, professional email configuration, social content, review management, and social media management. The specific scope for your engagement is what you select and what we confirm with you in writing.
2. Fees and Payment
The website build is offered for a flat, one-time fee, quoted before work begins. Certain costs are billed separately and are always disclosed to you in advance, including your domain registration, professional email, hosting and maintenance, and any optional add-on services. Recurring services (for example, monthly review or social media management) are billed on a recurring basis until cancelled.
Invoices are issued through our payment processor. Work that depends on payment (including registering a domain on your behalf) begins only after the applicable payment is confirmed.
3. Domain Ownership
You own your domain. When we register a domain on your behalf, you are the registrant and legal owner of that domain. We register it using your business and contact details and hold operational control only — meaning we manage DNS, hosting, and technical configuration so your site works correctly.
- You may request transfer of your domain to another provider at any time, subject to standard registrar transfer rules (such as transfer-lock windows and authorization codes). We will provide the information reasonably needed to transfer a domain you own.
- While we operate DNS and hosting for you, changes to DNS, nameservers, or hosting configuration should be coordinated with us to avoid disrupting your live site.
- Domain registration and renewal fees are charged by the registrar/registry and passed through to you. See our Refund Policy regarding the non-refundable nature of domain fees.
4. Hosting and Maintenance
We host customer sites on a content-delivery platform with automatic SSL. Hosting for the first year is included with the build; ongoing hosting and maintenance may be billed thereafter as disclosed to you. We aim for high availability but do not guarantee uninterrupted service.
5. Customer Responsibilities
You agree to:
- Provide accurate business information and any content, images, or credentials needed to deliver the Services, and to have the rights to use any materials you provide.
- Ensure your content and business are lawful and comply with applicable regulations for your industry and locations.
- Keep your account credentials secure and promptly notify us of any unauthorized use.
6. Intellectual Property
Upon full payment, you own the content and final website deliverables created specifically for your business. MakerSpa retains ownership of its underlying templates, tooling, components, and know-how used to produce the deliverables, and grants you a license to use them as part of your site. Third-party components remain subject to their own licenses.
7. Third-Party Services
The Services may integrate third-party providers (for example, booking, email, payments, and analytics). Your use of those providers may be subject to their own terms, and their fees (such as booking software subscriptions or email mailbox charges) may be billed by them directly.
8. Cancellation and Refunds
You may cancel recurring services as described in our Refund Policy, which is incorporated into these Terms. Domain fees are non-refundable once a domain is registered.
9. Disclaimers and Limitation of Liability
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, MakerSpa disclaims all implied warranties and shall not be liable for indirect, incidental, or consequential damages. Our total liability arising out of or relating to the Services will not exceed the amounts you paid to us for the Services giving rise to the claim. We do not guarantee specific business results, search rankings, or booking volumes.
10. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Services or by email, and continued use after changes take effect constitutes acceptance.
11. Governing Law
These Terms are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws rules, unless otherwise required by applicable law.
Questions about this document? Email hello@makerspa.com.