Website Services Terms

These are supplemental terms. They apply IN ADDITION to the TrackYourShelves Terms of Service, which continue to govern everything not covered here, including the limitation of liability, the binding arbitration agreement and the class-action waiver. Where this document and the main Terms genuinely conflict on a website matter, this document controls.

1. What this covers

This document applies when TrackYourShelves L.L.C. ("we") designs, builds, hosts or maintains a website for you ("Website Services"). It does not apply to the storefront, customer portal or order-entry pages generated by the platform from your own data, which are part of the Service and governed by the main Terms.

2. Scope of work, and what is not in it

The work is what your written quote says it is. A quote states a price and a description of what that price covers; anything not described in it is not included, and we will quote separately for it rather than absorb it silently.

Where a quote does not state a number of revisions, we will make reasonable adjustments during the build and before you approve the site. Changes requested after approval, and changes that alter the agreed scope, are new work.

We do not provide legal, tax, accounting, licensing or regulatory advice, and nothing we build should be treated as any of those. If your business is regulated (for example if you sell age-restricted products, take bookings for licensed activities, or handle regulated data), you are responsible for determining what your site must say and do, including age verification, permits and mandated disclosures. We will build to your instructions.

3. Fees

Fees are set out in the quote. Where a quote is payable before work begins, we begin work when it clears. Where we have agreed in writing to start work before payment, the fee remains due on the agreed terms and starting early is not a waiver of it.

Work already performed is not refundable, because it has already been done. If we have not started, or you cancel before delivery, we will refund the portion that covers work not yet performed. Any ongoing hosting or maintenance charge is billed as stated in your quote and is separate from the one-off build fee.

4. Hosting and availability

We host your site on reputable third-party infrastructure and configure HTTPS, so browsers show your site as secure. Certificates are issued and renewed automatically.

We do not offer a service-level agreement and we do not guarantee any level of uptime, availability, performance or search ranking. The Website Services are provided on an "as is" and "as available" basis. Outages can be caused by our providers, by your DNS or domain registrar, by your own changes, or by events outside anyone’s control. We will make reasonable efforts to restore a site that is down, and we do not promise a response time.

We may move your site between infrastructure providers, change how it is served, or perform maintenance, provided we take reasonable care to avoid interrupting it.

5. Your domain stays yours

We are not your domain registrar and we do not take ownership or control of your domain. You keep the registration, the account it lives in, and responsibility for renewing it. If a domain expires, the site stops resolving and that is outside our control.

To point a domain at a site we host, we ask you to add DNS records: normally one address record, one for www, and a text record proving you control the domain. We do not change your nameservers, and we do not add, alter or remove your email records (MX, SPF, DKIM or DMARC). Your email keeps working exactly as it did. Where you ask us to make a DNS change on your behalf and give us access to do it, we will make only the change you asked for.

6. Content, images and rights

You are responsible for the material you give us and for material you tell us to use: text, logos, photographs, product images, trade marks and anything else. You confirm you own it or are licensed to use it for this purpose, and you are responsible for any claim that it infringes someone else’s rights.

Where we supply placeholder or sample imagery during a build so the design can be judged, it is for that purpose only. It is not licensed for a live public site, and it must be replaced before the site is published unless we confirm in writing that a particular asset is licensed for your use.

We may remove material we reasonably believe infringes a third party’s rights or breaks the law, and will tell you when we do. The takedown process in the main Terms applies here too.

7. Who owns what

Once the build fee is paid in full, you own the visual design and page content we produced specifically for you, and you may take it elsewhere.

We keep ownership of everything that is not specific to you: our templates, components, tooling, platform code and anything we developed before or independently of your project. Nothing here transfers that, and using it in other work is not a breach of this agreement. You keep ownership of everything you supplied.

8. If the bill stops being paid

If an amount is overdue we will tell you and give you a reasonable opportunity to settle it. If it remains unpaid, we may suspend the site.

Suspension is not deletion. We will keep your site and its content for at least thirty (30) days after suspension so it can be restored or exported, and will not delete it inside that window without telling you. After that we may remove it. Your domain is unaffected either way: it is yours, and you can point it wherever you like.

9. Ending the arrangement

Either of us may end an ongoing hosting or maintenance arrangement with thirty (30) days’ written notice. On request within thirty (30) days of it ending, we will provide a copy of your site files so you can host them elsewhere. Fees already incurred remain payable, and a one-off build fee for work already delivered is not refunded on termination.

10. Third parties we rely on

Website Services depend on third-party infrastructure, including hosting, DNS, certificate issuance and email delivery providers. Their acts, outages and terms are outside our control and we are not responsible for them, though we will act reasonably to work around a provider problem. Current providers are listed on our subprocessors page.

11. Changes to these terms

We may update this document. If a change materially reduces what you receive, we will give notice before it takes effect for you. Continuing to use Website Services after that is acceptance. The version in force is the one published here on the date the work is quoted.

12. Contact

TrackYourShelves L.L.C., Statham, Barrow County, Georgia, United States. websites@trackyourshelves.com