GoDaddy - Website Design Services Agreement

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Design Services Agreement (this “Service Agreement”) governs your use of GoDaddy's Website Design Services. Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.

1. Website Design
   1. Essential Websites + Marketing Design includes your choice of pre-designed elements, one (1) round of revisions (revisions not to include new content past plan allowance). Once the site has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS’ scope of support for Essential Websites + Marketing Design.
   2. Starter WordPress Design includes your choice of pre-designed elements, one (1) round of revisions (revisions not to include new content past plan allowance). Once the site has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS’ scope of support for Starter WordPress Design.
   3. Standard WordPress Website Design includes your choice of pre-designed elements, up to five (5) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS’ scope of support for WordPress Design.
   4. Premium WordPress Website Design includes your choice of pre-designed elements, up to ten (10) site pages, and one (1) revision after your site is completed (revisions not to include new content past plan allowance). Once the site has completed the revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS’ scope of support for WordPress Design.
2. Web Store Design Purchase of a web store design includes the design of a web store using the parameters specific to your plan, and as described below (“Web Store”):
   1. Standard Store Design includes your choice of one (1) design template, up to seven (7) site pages (homepage, four (4) interior pages, Terms of Service page, and Contact page), basic setup of your first one hundred (100) product SKUs, one (1) revision after your site is completed (revisions not to include new content past plan type allowance). Once the site has completed the revisions phase, no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS' scope of support for Standard Store Design.
   2. Premium Store Design includes your choice of pre-designed elements, up to seven (7) site pages (homepage, four (4) interior pages, Terms of Service page, and Contact page), basic setup of your first twenty-five (25) products or setup of your first fifteen (15) products with options, and one (1) revision after your site is completed (revisions not to include new content past plan type allowance). Once the site has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by WDS without the purchase of Marketing Services and only if deemed within WDS’ scope of support for WordPress Premium Store Design.
      
      You are solely responsible for providing your product descriptions, images, pricing and other product information, and for confirming this information before approving your web store website for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration of tax collection methods, shipping methods, and payment methods.
3. Commerce Website Design includes our “Commerce Website Build Service”, our “Commerce Website Design Service – Standard" and our “Commerce Website Design Service – Premium” plans. Our Commerce Website Design plans include your choice of pre-designed elements, custom scope agreed upon at the start of the project that includes pages, catalog of products, custom functionality, and one (1) revision after your website is completed (revisions not to include new content past original scope of work). Once the website has completed the initial revisions phase or has been modified in any way by you (the customer or someone on your behalf), no additional work will be completed by our Commerce Website Build team without the purchase of WordPress Premium Support or Commerce Website Support.
4. Website Updates Post-Publish
   1. Update Minutes: If your Website or Web Store requires more updates than what is included in your Design plan, additional time may be purchased separately (“Update Minutes”). Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review. Unused Update Minutes are non-refundable.
   2. Anytime Update Minutes: You may purchase Update Minutes, which are in one (1) hour intervals, and may be used at any time up to 12 months from date of purchase.
   3. Site Warranty - 6 Months After Initial Build Complete: Subject to the limitations stated in Section 4 below, if your website breaks or requires a fix within 6 months of the initial build completion, due to breakage or failure in the WSD stack of approved plug-ins, we will submit a ‘fix ticket’ to restore the site back at no charge. If the breakage occurs outside of 6 months, or is due to plug-ins, add-ons or site updates outside of the WSD stack of approved plug-ins, charges may be incurred for the updates required to fix the website.
   4. Existing Sites Built With WSD v2 Customizer or Older Versions of WordPress Themes: Subject to the limitations stated in Section 4 below, if you have a WSD site originally built in April 2017 through April 2018, you have a WSD v2 customizer plug-in stack. If your website breaks or requires a fix due to the WSD v2 customizer plug-in stack, we will attempt to update the site to restore it at a rate of $100.00 USD per hour. If we cannot restore it within reasonable update time to be determined by us at our sole and absolute discretion, or your version of WordPress is older than April 2017, you may be required to purchase a rebuild to build the site on the updated platform to restore your site.
   5. Optimization. As part of the Service, and for continued improvement, you are opted into Real User Metrics (RUM) and Google Core Web Vitals (CWV). This allows us to identify internal bottlenecks and optimization opportunities by inserting a small snippet of JavaScript code into customer websites. The snippet of JavaScript code allows us to measure and track the performance of your website and collects information such as connection time and page load time. We don't collect any user information with RUM. The data we collect allows us to improve our systems, optimize DNS resolution, improve network routing and server configurations.
5. Logo Design The Logo Design Service does not include the creation of a custom logo created from completely original elements outside of our current Logo Studio process. Purchase of the logo design service includes an initial interview (via online or by phone), presentation of one (1) initial designs, and one (1) rounds of requested revisions to the selected design. GoDaddy will charge a fee for additional designs/revisions requested by you. The amount of the fee will be communicated to you and is required to be paid prior to the start of work on additional revisions/designs.
   1. Rights in Logo Design: Notwithstanding anything to the contrary in this Service Agreement, with regard to the Logo Design Service only, and upon payment in full, you have ownership of the Logo Design provided to you for use in any manner you deem appropriate. You acknowledge that your ownership rights under this Service Agreement is limited to the final Logo Design provided to you by us, and that you have no ownership interest in any trademarks or service marks contained in or made a part of the final Logo Design, to include any original graphical element from our Logo Design Studio (collectively, “GoDaddy Pre-Existing IP”), conveys and that we expressly reserve all right, title and interest in and to the same. Notwithstanding, we hereby grant you a worldwide, royalty-free, perpetual and irrevocable right and license to GoDaddy Pre-Existing IP contained in or made part of your Logo Design for use as contemplated by this Service Agreement. You hereby grant us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works the Logo Design, in any form, media, or technology now known or later developed for promotional purposes of GoDaddy and/or our Logo Design Service.
   2. Disclaimers: You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final Logo Design and we have not reviewed for intellectual property clearance. GoDaddy makes no representation, warranty or guarantee as to whether Logo Designs may infringe on third-party intellectual property rights. Accordingly, you are encouraged to perform your own independent searches with regard to the Logo Design. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state, federal, country or international intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Logo Design, nor shall we be responsible to assist in any way in your attempt to procure or perfect such rights in the Logo Design. You understand that it is your obligation alone to copyright the logo design and/or seek trademark protection to the extent you deem appropriate and/or necessary.
6. Marketing Services
   1. Account access: In order for Marketing Services to be effective, we must have social media account credentials and access in order to make on-site changes. By agreeing to these Terms of Service, you are hereby granting permission to post on your behalf on your site, for Marketing Services purposes.
   2. Auto Start: In order to expedite results and not delay service, GoDaddy will auto-start your social media campaign without your consent.
   3. If we have Facebook access: after two (2) weeks of not being able to make contact, then we will call, leave a voice message, and send an email saying that if we do not hear from you by the end of the next business day, then we will utilize your site and our expertise to proceed with the campaign to ensure that your social presence starts growing as soon as possible. If you still do not respond, we will begin the campaign, using the information on your website.
   4. If we do not have Facebook access: after two (2) weeks of not being able to make contact, then we will call, leave a voice message, and send an email stating that if we do not hear from you by five (5) days before your renewal date, then we will have to cancel and refund the amount of that month to in-store credit, as no work can be completed without Facebook access.
7. Managed Local Listings Managed Local Listings services enable customers to search for, add, update, and publish their business name, address, phone, menus, and website URL to online partners via a website interface. If you elect to cancel, your data and stored information may be deleted such that it may not be capable of being restored. All images and text on the site will remain your property, but we will retain ownership of the files and code on the site as being proprietary to the website platform.
8. Photo Shoot Services Photo Shoot services may include us sending out a freelance photographer, in your area, to take photographs of your business (on location) that can be used in the design of your website or other WDS Services. Photo Shoot services are only eligible for a refund if cancelled more than 48 hours before your scheduled photo shoot.
   
   “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “GoDaddy Content” means any Content created or licensed by GoDaddy (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.
   
   To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered GoDaddy Content and will be owned exclusively by GoDaddy. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.
9. Website Design Services + Marketing Services Bundle Marketing Services Basic and Premium plans are available as a bundle with Website Design Services. The Marketing Services in these plans are non-refundable once usage occurs. When bundled, usage is defined by GoDaddy completing 1 or more requests or the site design is delivered. Service requests for Marketing Services Premium plans that are included in a bundle with Website Design Services will be closed without a refund after 6 weeks of no customer contact.
10. Automated Content for Designs. GoDaddy may utilize third party generative artificial intelligence tools (AI Tools) that process your content (Input) and generate output based on your Input (Output) to create text, logos or other content as part of the design process for use in your Services. You are responsible for reviewing your Input to ensure it complies with Section 5 of the Universal Terms of Service and any additional content restrictions or rules of conduct found in this service agreement. You authorize GoDaddy and/or third parties GoDaddy uses who provide AI Tools to store and use your Input as part of the design process for machine learning models to develop and continuously improve such feature(s) and/or to review for abuse or misuse. In circumstances where you utilize AI services and tools, our AI Terms of Use shall also apply.

1. Hosting Outage. We are not responsible for website outages arising from the Managed Hosting for WordPress account.
2. Reasonable Expectations. We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.
3. Your Delay. Our completion of the Services depends upon your timely feedback and approval in the Website Design Hub within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.
4. Store product catalogs. While there is not a cap on total number of products for Premium Store Designs, performance may begin to slow at varying numbers of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity, and end-user computer configurations. Product catalogs larger than 3000 products may require additional hosting bandwidth at an additional monthly cost to you.
5. No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.
6. Limitations on Design Services. The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: color correction or making a low-resolution image a higher resolution.
7. Integration with Hosting Platform. Websites designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Service Agreement.
8. No Endorsement. We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.
9. Security of Account. You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.
10. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Website Design Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Website Design Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your account.
11. Managed Hosting for WordPress Design. We expressly disclaim any responsibility for liability due to hacking of any websites.
12. Plug-ins/Add-ons. We have the discretion to use third-party software, add-ons, or plug-ins during the initial build. We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial build. Some feature functionality requests may require paid plug-ins that the customer must purchase, and require additional update minutes to install and set up. You are solely responsible for ensuring your add-ons or plug-ins remain current and are functional.

1. Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
2. Obligation to Maintain Subscription. All Services, including any free products or services included in your plan, must be associated with a specific website at the time of purchase and are not transferable to other accounts, websites thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchased.
3. Provision and Timing of Design Services. After your initial purchase of a Website Design Services plan, you will be required to (i) complete an initial consultation with the Website Design Services team, and (ii) provide any content you deem necessary to be included in the initial build of your website. Upon approval of all of your content, we will begin building your website.
4. Submission of Content. You are responsible for submitting all copy, images, and other content for your Design, unless you approved content provided by the design team. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) business days. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. If you do not submit the content within ten (10) business days, we will attempt to confirm your content submission is complete, but we reserve the right to progress the site to build stage, and you will only be able to add additional content using Update Minutes. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
5. Publication. Within ten (10) days of receiving notice that your website is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. We reserve the right to require you to actively self-publish your website (in such circumstances, we will inform you of this requirement). Any time after publication, you may elect to de-publish your site by changing DNS settings on your domain name.
6. Completion of Service. Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next Update Minutes are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.
7. Update Minutes Downgrade. Your subscription may have included a Update Minutes plan. Once you have maintained your Services subscription for a full twelve (12) months, you may contact us to downgrade to a plan that does not include any minutes for Monthly Update Minutes. If you downgrade your plan, you may either (i) maintain your Design yourself using our control panel, or (ii) purchase Update Minutes. After downgrading, if you wish to return to a plan that includes monthly maintenance minutes, you will be required to commit to a plan no less than six (6) months in duration.

8. Our Right to Terminate Your Service. You understand and agree that GoDaddy has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to terminate your Service if:

   • You fail to complete the initial interview or submit content for your initial Design within six (6) months of purchasing your plan.
   • You fail to self-publish your website and/or provide any other requested content, feedback or approval within thirty (30) days of our request.
   • You are in breach of the terms of this Agreement.
   • Refund is based on time elapsed and the status of the project as described in our Refund Policy.

   If your service has been terminated, GoDaddy is no longer responsible for fulfillment of the service.

9. User Content. It is solely your responsibility to ensure that any and all User Content provided to us to perform the Services on your behalf does not infringe or violate the intellectual property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and/or to ensure that you have acquired any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or other proprietary information of third parties therein included in the User Content. We shall have no liability and you agree to defend and indemnify us against any actual or alleged claim that any User Content provided by you infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

1. Restrictions for All Services You acknowledge and agree that you will not use any Website Design Services in a manner which would or has the potential to, as determined by us in our sole and absolute discretion:
   • breach the Universal Terms of Service Agreement (including, in particular, section 5 headed “General Rules of Conduct”); and/or
   • cause harm to the reputation and/or integrity of GoDaddy’s business, operations, reputation or shareholders.
2. You are responsible for ensuring that any content included on your website, services supplied through your website and any product posted for sale on your website is in compliance with all applicable laws and regulations where your website is accessible and where your products or services can be purchased and/or delivered (this includes, for example, ensuring you hold all necessary licenses and/or regulatory authority to sell and/or promote relevant products and services).
3. We reserve the right to refuse any direction to create a Design we decide breaches this Agreement, or for any other reason that we, in our sole discretion, decide. Please review this non-exhaustive and indicative list of products/services/businesses that we do not currently support.
4. When providing Website Design Services, GoDaddy shall at all times be acting on your behalf and, on your instructions, in accordance with the terms of this Agreement. You acknowledge and agree that you will not provide any User Content or instructions that if used or acted on, would, or has the potential to, as determined by us in our sole and absolute discretion, cause GoDaddy (including its employees and affiliates) to breach any applicable laws or regulations.
5. Marketing Services. Since every Marketing Services Standard and Premium package includes Facebook ads, we are unable to service any sites or businesses that are not in accordance with Facebook’s advertising guidelines. For a full list of prohibited and restricted content, see Facebook's Advertising Policies.

For this section, “Design” includes the delivered product of the Website Design Services as described above.

By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Upon completion of your Design, we agree to transfer all rights and ownership of the Design to you. However, software and third-party content and programs are never transferred to you and remain under copyright of their respective owners. Further, ownership and copyright of all templates and themes available to us in creating your Design, including all applicable source code, remain with us and are not transferred to you.

Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

The Services may include access to other of our products and services. If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to setup those services.

If your Design plan includes an Online Store, we will set up that product for you as part of our Service. Your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Online Store/Quick Shopping Cart Agreement, which is incorporated herein by reference.

If your Design plan includes Search Engine Visibility, you may make a request in the Design Manager for us to set up that service for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Service Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Marketing Services Agreement, which is incorporated herein by reference. To facilitate the set up of this additional service, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility service will be your responsibility.

1. Terms and Conditions Applicable to all Images/Software. You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you; (ii) you may use the Images/Software only as part of the Services; (iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.
2. Termination. You are solely responsible for canceling your account by notifying your GoDaddy Client Success team by phone or via your own online account access.
3. Privacy. We may provide your personal information to third-party providers as required to provide the third-party Images/Software. We reserve the right to modify, change, or discontinue use of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.
4. Limitations. We make no representations or warranties about any third-party Images/Software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.
5. Indemnification. You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party Images/Software. You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Service Agreement for purposes of enforcing only their rights under this Service Agreement.
6. Additional Terms and Conditions Applicable to Fotolia. You acknowledge and agree to Fotolia’s Terms and Conditions of Use.
7. Additional Terms and Conditions Applicable to WordPress. You acknowledge and agree to WordPress' Terms and Conditions of Use.
8. Additional Terms and Conditions Applicable to Getty Images and Unsplash.
   
   Getty Images. Certain assets provided on our platform, including images and graphics, are supplied by Getty Images, including Unsplash. By using our services, you acknowledge and agree that such assets are subject to the terms and conditions of Getty Images End User License Agreement, including any restrictions on use post-termination of their agreement.
   
   For clarity, consistent with section 8(c) of the Getty Images Standard Terms, once an end user has obtained an end user work that includes Getty Images content, such end user may continue to display, archive, or otherwise use that end user work in perpetuity, but only in the context of the original use as agreed upon at the time of the work's creation.
   
   By using our services, you agree to comply with all such terms and conditions, and you acknowledge that these assets are protected by copyright, intellectual property rights, and other laws. Your use of these assets is at your own risk and subject to the licensing agreements provided by Getty Images. We do not own these assets and are not responsible for your use of them.