01The agreement
These terms govern the website growth plans provided by CWW Investments LLC, a Washington limited liability company doing business as Blackframe Marketing ("Blackframe", "we", "us"), based in Spokane, Washington.
By subscribing to a plan, submitting the enquiry form on our website, or accepting a proposal from us, you ("you", "the client") agree to these terms. Where a signed proposal or statement of work conflicts with this document, the signed document controls.
02The services
We offer three monthly plans: Essential, Growth, and Partner. Each plan includes the design and build of a website, hosting, and ongoing maintenance. The plans differ in how much growth work is performed each month. The current published description of each plan on our plans page forms part of this agreement.
Websites are built on the Astro framework unless we agree otherwise in writing. Where you have an existing site, migration is included in the build phase of every plan.
03Term and cancellation
Plans run for an initial term of twelve (12) months, which covers the cost of the build. After the initial term, the plan continues month to month.
You may cancel at any time after the initial term by giving thirty (30) days written notice to the contact address below. Cancellation takes effect at the end of the notice period, and fees already paid are not refunded.
What happens on cancellation
We export your website and its content and send the files to you, and we will help your next team pick the project up. Hosting is part of the plan and ends with it, so you will need to move the site to your own host or provider. We will keep your site online for fourteen (14) days after cancellation to allow for the move.
Cancellation by us
We may suspend or terminate the services if a payment remains unpaid for more than fifteen (15) days after its due date, or if the services are used in breach of these terms. We will give you notice and a reasonable opportunity to resolve the issue first, except where the breach is unlawful.
04Fees and payment
Plan fees are the flat monthly amounts published on our plans page at the time you subscribe. Fees are billed monthly in advance and are due on the same day each month.
Payment is by automatic charge to the credit or debit card, or the bank account by ACH debit, that you provide when you subscribe. By subscribing you authorise us to charge that payment method for the recurring plan fee until you cancel. Please keep your payment details current.
If a payment fails
We will notify you and retry the charge. If payment is still outstanding after the period set out in the cancellation section above, we may suspend the services until the balance is cleared. Suspension does not pause or reduce the fees that continue to accrue under your plan term.
Fees do not include taxes, domain registration, paid advertising spend, stock photography, premium fonts, or third-party software licences unless we state otherwise in writing. We will tell you before incurring any such cost on your behalf.
We may change plan pricing on 30 days notice. A price change will not take effect during your initial twelve month term.
05Scope of included work
Every plan includes unlimited reasonable content updates. Reasonable updates are the day-to-day changes a working site needs, including:
- Text edits and copy changes
- Image swaps
- Adding or removing team members
- Updated hours, pricing, and service descriptions
- Small layout adjustments
Work that amounts to a new project is not included. Examples include a full rebrand, a custom booking or e-commerce system, a native application, or a rebuild of the site outside the improvement work in your plan. Where a request falls outside the plan we will say so and quote it separately before starting.
We aim to make most requests live within one to two business days. Response times vary by plan, with Partner receiving the fastest response and priority in the development queue. These are targets rather than guarantees.
06Your responsibilities
To do our work we need you to:
- Provide content, images, and feedback within a reasonable time
- Confirm that you own, or are licensed to use, everything you supply to us
- Give us the access we need to domains, analytics, and any third-party accounts
- Keep the account contact and billing details current
- Use the site and services lawfully
Where a delay in providing the above holds up the build or a scheduled piece of work, the timeline moves accordingly. Plan fees continue during any such delay.
07Ownership and licence
You own your website. The design, the content, and the copy are yours. On cancellation we hand over the files as described above.
We retain ownership of any underlying tools, libraries, components, and internal templates we use across client projects, and of our own trade marks and brand. Nothing in this agreement transfers those to you; you receive a perpetual, non-exclusive licence to keep using them as part of your delivered site.
Unless you tell us otherwise in writing, we may reference your project and display screenshots of it in our portfolio and marketing.
08Hosting and third parties
Hosting is included in every plan and is provided through Netlify. We monitor security and performance, but we do not guarantee uninterrupted availability, and we are not responsible for outages, data loss, or degradation caused by a third-party provider, a domain registrar, or an event outside our reasonable control.
Delivering the services involves third-party providers, including our hosting provider, our CRM, and analytics services. Your use of the site and services is also subject to those providers' terms. How we handle personal information is set out in our Privacy Policy.
Communications
We will contact you about your enquiry, your project, and your account. These are service messages and are part of providing the services. Marketing emails and text messages are separate and are sent only where you have opted in. You can withdraw that consent at any time by unsubscribing from an email, replying STOP to a text, or emailing us. Message frequency varies, and message and data rates may apply. Consent to marketing messages is never a condition of buying from us. See our Privacy Policy for the detail.
09Warranties and disclaimers
We will perform the services with reasonable skill and care, in a professional manner, and in line with the plan you have subscribed to.
Beyond that, the services are provided "as is". We do not warrant that the site will be error-free or uninterrupted, and we do not guarantee any particular business result, including search rankings, traffic volumes, lead counts, conversion rates, or revenue. Search engines and advertising platforms are controlled by third parties and change without notice.
10Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.
Our total aggregate liability arising out of or relating to this agreement is limited to the total plan fees you paid us in the three (3) months immediately before the event giving rise to the claim.
Nothing in this section limits liability that cannot be limited by law, including for fraud or wilful misconduct.
11Indemnification
You agree to indemnify and hold us harmless from claims, damages, and reasonable costs arising out of content or materials you supply to us, including claims that such material infringes a third party's intellectual property or privacy rights, and from your unlawful use of the site or services.
12Changes to these terms
We may update these terms from time to time. When we make a material change we will update the effective date above and notify active clients by email at least 30 days before the change takes effect. Continuing to use the services after that date means you accept the updated terms.
13Governing law
This agreement is governed by the laws of the State of Washington, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Spokane County, Washington.
If any provision of these terms is found unenforceable, the rest remains in effect.
14Contact
Questions about these terms, and any notice required under them, should be sent by email to hello@blackframe-marketing.com. Email is our designated channel for notices, and a notice is treated as given on the business day it is sent.
CWW Investments LLC, dba Blackframe Marketing
1811 E. 17th Ave
Spokane, WA 99203