Plain English Summary

You're hiring Spark Advisory LLC to build you a single-page website for a flat fee of $499.

The site will be live within 24 hours of receiving your completed intake form and confirmed payment.

You own your content and your deployed site. We retain ownership of our proprietary code and development work.

The site is built with on-page SEO best practices — but organic search rankings require ongoing SEO services not included here.

Hosting is optional at $29/month — cancel anytime from your own billing portal.

If you change your mind before we start, you get a full refund. After we start but before launch, $250. After launch, no refund.

This agreement is governed by the laws of the State of New Mexico.

 How this works — please read before purchasing

Before purchase, Provider gathers publicly available information about Client's business (such as business name, services, and location) and uses it to build a live custom mockup of the proposed Site, delivered to Client as a link for review.

Client's purchase of the $499 build fee constitutes acceptance of the design, layout, and content structure shown in that mockup as final. This is a purchase of a completed design product from a professional, not a commissioned design engagement, and does not include an open-ended revision process.

After purchase, Client uses the intake form and welcome package to confirm and finalize the specific business details, services, and content to be published on the Site, including correcting or adding information Provider may not have had access to, such as private contact details or services not listed publicly. Provider will incorporate this confirmed information into the Site as part of delivery.

Provider is not obligated to make design changes after purchase. However, Provider will consider reasonable requests consistent with what is customary for a $499 single-page website, at Provider's discretion. Requests beyond that scope, including redesigns, are addressed under Sections 1.2 and 3.2 and quoted separately.

1          Services

Spark Advisory LLC ('Provider') agrees to design, build, and deploy a single-page, conversion-focused website ('the Site') for the Client named above, subject to the terms of this Agreement.

1.1  What's included in the $499 build

•           One single-page website built using Provider's proprietary codebase, customized with Client's business name, address, phone number, hours, services, logo, and photos as provided in the intake form

•           Deployment to Provider's designated hosting environment or Client's specified hosting account

•           On-page SEO optimization including semantic HTML structure, optimized page title, meta description, and local business schema markup appropriate for Client's industry and location

•           Update of Client's Google Business Profile Website field to the new URL

•           Delivery within 24 business hours of receipt of completed intake form and confirmed payment

Site structure

The Site is a single page. Additional sections may be added to that single page with in-page navigation (e.g., anchor links to a Services or About section). Features requiring separate pages, a blog, a dedicated sales/landing page funnel, e-commerce, or other complex functionality are outside the scope of this Agreement and require a separate quote under Provider's Custom Website package (see below).

Design & content scope

The design, layout, color scheme, typography, and conversion structure of the Site are determined solely by Provider based on professional judgment and industry best practices for conversion optimization.

Client had the opportunity to review the live mockup prior to purchase (see ‘How this works’ above). Following purchase, Provider will update the Site with Client's specific business content as collected in the intake form.

Where Client's business does not supply its own photographs, Provider may use purchased, royalty-free stock imagery to complete the Site. Client acknowledges that stock imagery is licensed as-is and that Provider has no control over, and is not responsible for, any future changes, removal, or licensing changes made by the stock photo provider or platform after delivery. If a licensed stock image later becomes unavailable or must be replaced due to circumstances outside Provider's control, any replacement work is not covered under this Agreement and will be quoted separately.

Design revision requests are outside the scope of this Agreement. If Client wishes to request design changes after delivery, these will be quoted and billed separately.

SEO disclaimer — important

On-page SEO optimization improves the technical quality of the Site for search engines but does not guarantee search engine rankings, Google Business Profile placement, or organic traffic.

Achieving and maintaining visibility in local search results typically requires ongoing local SEO services, Google Business Profile management, citation building, and review generation — none of which are included in this Agreement.

Provider makes no representations regarding traffic volume, search rankings, or leads resulting from the Site.

1.2  What's not included

•           Multiple pages, e-commerce functionality, booking systems, or custom development beyond the single-page scope

•           Logo design or graphic design services

•           Ongoing SEO services, paid advertising, or social media management

•           Ongoing content updates, backups, or technical maintenance (see Section 3)

•           Domain registration fees — these are paid directly to the registrar by the Client

•           Future software updates, compatibility fixes, or rebuilds required due to aging or deprecated open source components (see Section 4.3)

Custom website option

For clients who need a fully custom, multi-page website, Provider offers a separate Custom Website package starting at $5,000 with a one-week turnaround. This is a separate agreement and is not covered by these terms.

1.3  Client responsibilities

The Client agrees to:

•           Complete the intake form accurately and in full

•           Provide all required assets (logo, photos, content) at the time of intake form submission

•           Provide access credentials for domain registrar and/or hosting account where applicable

•           Review the delivered site within 48 hours and communicate any content correction requests

The 24-hour build window begins upon receipt of a fully completed intake form and confirmed payment. Provider is not responsible for delays caused by incomplete submissions, missing assets, or inaccessible credentials.

2          Payment

2.1  Build fee

The one-time build fee is $499.00 USD, due in full prior to commencement of any work. Work does not begin until payment is confirmed.

2.2  Refund policy

Provider's refund policy is as follows:

Stage Refund Notes

Payment received, intake form not yet submitted: $499 — full refund, no work has been performed

Intake form submitted, site not yet live: $250 — partial refund, work has commenced; partial compensation retained

Site live and delivered : No refund, deliverable has been completed and delivered

Refund requests must be submitted in writing to Provider's email address on file. Provider will process approved refunds within 5 business days.

3          Hosting & Maintenance (Optional)

3.1  Hosting plan

Provider offers an optional monthly hosting and maintenance plan at $29.00 USD per month ('Hosting Plan'). The Hosting Plan is separate from the build fee and is not required to receive the website.

3.2  What's included in the Hosting Plan

•           Website hosting on Provider's designated hosting infrastructure

•           Automated backups

•           Two (2) free minor edit requests per month — examples include adding or updating a service listed on the Site, swapping an existing photo for a new one, or updating contact information such as phone number, business hours, or address

•           First month of hosting at no charge — billing begins in month two

Minor edits do not include: changes to layout, color scheme, or visual design; adding new structural sections beyond the single-page format; or any request that requires a redesign, new page, or custom development. Requests outside this scope will be quoted separately per Section 1.2.

3.3  What's not included in the Hosting Plan

•           New pages, layout changes, or feature additions — these are quoted separately

•           Domain registration or renewal fees

•           Third-party software licenses or integrations

3.4  Billing and cancellation

The Hosting Plan is billed monthly on a recurring basis via Provider's payment processor. Client may cancel at any time through their self-service billing portal — no notice period required and no cancellation fees apply. Provider reserves the right to suspend hosting for accounts more than 30 days past due after providing written notice.

3.5  Self-hosted sites

Clients who elect to manage their own hosting acknowledge that Provider's responsibilities end at delivery of the completed site files. Provider will not perform backups, updates, or maintenance on self-hosted sites unless a separate agreement is in place. Credentials provided to Provider for deployment purposes are deleted immediately upon completion of deployment.

3.6  Self-hosting compatibility and contact forms

If Client elects to use their own hosting rather than Provider's Hosting Plan, Provider will deliver and upload the completed Site files to Client's designated host. Client is responsible for ensuring their domain registrar and hosting provider are compatible with standard website deployment, including DNS access and file upload capability. Provider is not responsible for delays, additional fees, or incompatibilities arising from Client's chosen registrar or host, including but not limited to DNS restrictions, file format limitations, or platform-specific requirements discovered during deployment. Any additional work required to resolve such incompatibilities is outside the scope of this Agreement and will be quoted separately.

Contact forms. If the Site includes a contact form, that form requires a third-party service to process and deliver submissions to Client.

•           If Client hosts with Provider under the Hosting Plan (Section 3), form processing is included in the monthly hosting fee at no additional charge

•           If Client elects self-hosting, Client is responsible for setting up and paying for a form-processing service. Provider can recommend a service offering free processing for up to 50 submissions per month, with paid tiers starting at $10/month for higher volume. In some cases, Provider may be able to configure form delivery through Client's existing email service instead; this is not guaranteed and depends on Client's specific email provider and configuration

•           Provider is not responsible for lost form submissions, delivery failures, or fees associated with a form-processing service that Client sets up and manages independently

4          Ownership & Intellectual Property

4.1  Client content

All content provided by the Client — including but not limited to business name, logo, photographs, service descriptions, and contact information — remains the sole property of the Client. Provider claims no ownership over Client-supplied content.

4.2  Website content and deployed site

Upon receipt of full payment, Client owns the deployed website and its content as published. Client may host, modify, or transfer the deployed site at any time.

4.3  Provider's proprietary code and open source components

The Site is built using a combination of Provider's proprietary code and open source software components, including but not limited to CSS frameworks and JavaScript libraries. These open source components are governed by their respective licenses (such as MIT or Apache 2.0) and are not owned by Provider.

Provider retains full ownership of all proprietary code, development work, architecture, and design logic created by Provider in connection with the Site. The $499 build fee grants Client a non-exclusive license to use the deployed Site as delivered. Client does not acquire rights to Provider's source code, development repository, or any proprietary code written by Provider beyond the deployed and delivered site files.

Software ages. Open source components used in the Site may become deprecated, unsupported, or incompatible with future browser standards, security requirements, or platform changes over time. Provider makes no warranty regarding the long-term compatibility or continued availability of any open source components incorporated in the Site. Any updates, compatibility fixes, or rebuilds required to address such changes in the future are not covered by this Agreement and will be quoted separately.

This means: you own your website as it exists and is deployed today. You do not own Provider's code or development work. If the site ever needs to be rebuilt due to software aging, that is a separate engagement.

5          Credentials & Data Security

Where Client provides login credentials for domain registrar or hosting accounts, Provider agrees to:

•           Use credentials solely for the purpose of deploying the Client's website

•           Delete all credentials from Provider's records immediately upon completion of deployment

•           Send a written confirmation to Client when credentials have been deleted

•           Never store, share, sell, or reuse Client credentials for any other purpose

Client acknowledges that sharing credentials carries inherent risk and that Provider's liability for any unauthorized access resulting from credential sharing is limited as described in Section 7.

5.2  Credential transmission and scope of use

Client-provided credentials are submitted through a secure, one-time-use link and are used solely to complete deployment of the Site. Provider is not responsible for pre-existing issues with Client's domain registrar or hosting account, misconfigurations, expired services, or account-level restrictions that exist independent of Provider's actions. Provider's use of Client's credentials is limited to the deployment tasks described in this Agreement, and Provider is not responsible for any damage, data loss, or service disruption caused by Client's hosting provider, registrar, or any third-party platform, whether or not Provider was actively using the credentials at the time.

5.1  Site visitor data

Provider does not collect, store, or have access to data submitted by end users of the Site (such as contact form submissions) beyond what is necessary to route that data through the form-processing service described in Section 3.6. Any data collected via the Site is governed by the privacy practices of Client's chosen hosting, analytics, or form-processing provider, not by Provider.

6          Delivery & Revisions

6.1  Delivery timeline

Provider will deliver the completed site within 24 business hours of receiving a fully completed intake form and confirmed payment. Business hours are Monday through Friday. Submissions received after 5:00 PM local time or on weekends will begin the 24-hour window the following business morning.

6.2  Content corrections

Following delivery, Client may request corrections to factual content — such as a misspelled business name, incorrect phone number, wrong business hours, or a missing service item. These corrections are included at no charge and will be addressed within one business day of written request.

Content corrections are limited to items that differ from what was provided in the intake form. They do not include design changes, layout adjustments, color modifications, or any alteration to the visual structure or conversion design of the Site.

6.3  Design finality

The design, layout, color scheme, typography, and conversion structure of the Site are those shown in the live mockup provided to Client prior to purchase, and are finalized upon Client's purchase of the build fee. Purchase constitutes Client's acceptance of this design as final. Client had the opportunity to review the mockup prior to purchase; no further design revisions are included in this Agreement. Provider's design decisions are made in the interest of conversion performance and professional presentation and are not negotiated on a per-client basis at this price point.

Clients who require a fully custom design with client-directed revisions are encouraged to inquire about Provider's Custom Website package (see Section 1).

6.4  Client approval

If Client does not communicate content correction requests within 48 hours of site delivery, the site will be considered accepted as delivered. Provider's obligations under this Agreement will be considered fulfilled.

7          Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT FOR THE WEBSITE BUILD SERVICES DESCRIBED IN SECTION 1. AMOUNTS PAID FOR OPTIONAL HOSTING AND MAINTENANCE SERVICES ARE EXPRESSLY EXCLUDED FROM THIS LIABILITY CAP CALCULATION.

EXCEPT AS EXPRESSLY STATED IN SECTION 8, THE SITE AND ALL SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Provider does not guarantee any specific results from the website, including but not limited to search engine rankings, organic traffic, customer inquiries, revenue, or Google Business Profile placement. These outcomes depend on factors outside Provider's control, including but not limited to search engine algorithm changes, market conditions, and Client's own business practices.

Provider is not liable for any failure, incompatibility, security vulnerability, or malfunction arising from open source software components incorporated in the Site, including but not limited to CSS frameworks, JavaScript libraries, or any third-party code not authored by Provider.

8          Representations & Warranties

Client represents and warrants that:

•           Client has the legal right to use all content, images, and materials provided to Provider

•           Client's business is legally authorized to operate in its jurisdiction

•           Client has the authority to enter into this Agreement on behalf of the named business

•           All information provided in the intake form is accurate and complete to the best of Client's knowledge

Provider represents and warrants that:

•           Provider will perform services in a professional and workmanlike manner

•           The delivered website will function as described in Section 1 at the time of delivery

•           Provider will handle Client credentials in accordance with Section 5

•           Any stock photography, template elements, icons, or design components supplied by Provider (as opposed to content provided by Client) are properly licensed by Provider for commercial use

9          Termination

Either party may terminate this Agreement at any time with written notice. In the event of termination:

•           If terminated before build commencement: Client receives a full refund per Section 2.2

•           If terminated after build commencement but before delivery: Client receives a $250 partial refund per Section 2.2

•           If terminated after delivery: no refund is due

Provider reserves the right to terminate this Agreement immediately and without refund if Client engages in abusive, threatening, or unlawful conduct toward Provider or its representatives.

10        General Terms

10.1  Governing law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the courts of New Mexico.

10.2  Entire agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, representations, or agreements, whether oral or written.

10.3  Amendments

This Agreement may not be modified except in writing signed by both parties.

10.4  Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.

10.5  No waiver

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce it in the future.

10.6  Independent contractor

Provider is an independent contractor. Nothing in this Agreement creates an employment relationship, partnership, or joint venture between the parties.

10.7  Force majeure

Provider shall not be liable for delays caused by circumstances beyond Provider's reasonable control, including but not limited to internet outages, hosting provider failures, DNS propagation delays, or registrar system downtime.

10.8  Assignment

Provider may assign this Agreement, including any ongoing Hosting Plan obligations, without Client's consent, including in connection with a sale, merger, or restructuring of Provider's business.

The deployed Site and its files, once delivered per Section 4.2, are owned by Client and may be transferred by Client freely, including in connection with a sale of Client's business, without requiring Provider's consent.

Where Client's Site is hosted under Provider's Hosting Plan (Section 3) and Client's business is sold or transferred, Provider will continue providing hosting services to the new business owner under the same terms, provided that Provider's obligations remain strictly limited to the scope of the Hosting Plan as defined in Section 3 (hosting, backups, applicable form-processing services, and the two included minor edits per month). Provider assumes no obligation or liability regarding the Site's design, content history, or any dispute between Client and the new owner arising from the sale of the business.

Note on digital acceptance

Client's affirmative checkbox acceptance of this Agreement at checkout, together with payment of the $499 build fee and submission of the completed intake form, constitutes electronic acceptance of this Agreement in lieu of a handwritten signature, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable New Mexico law.