These Terms of Service ("Terms") are an agreement between you (the business signing up, "you") and Mellow Water LLC, doing business as HomeServ Sites ("HomeServ Sites," "we," "us"). By requesting a preview, approving a site, or paying for a plan, you agree to these Terms.
1. What we provide
HomeServ Sites provides website design and related services for home-service businesses. Your plan includes: a mobile website with copy written by us, tap-to-call and a booking request form, missed-call text-back, a Google Business Profile tune-up, a review-request link and QR card, hosting, SSL, reasonable edits, and a monthly report (together, the "Services"). Optional add-ons, such as an AI receptionist or local ads, are covered by these Terms plus any separate pricing we agree on in writing.
2. Free preview
We may build a preview of your website before you pay or sign anything. A preview is free and creates no obligation for you or us. Until you approve it and choose a plan, we may take the preview down at any time.
3. Approval and the 7-day launch guarantee
"Approval" means you tell us in writing (email or text is fine) that the preview is approved to go live and you have chosen a plan and provided payment details. After approval, we will make your site live within 7 calendar days. If we do not, your first monthly fee is waived (or refunded if already charged).
The guarantee does not apply when the delay is caused by things outside our control, including: you not providing access we need (such as domain, DNS, or Google Business Profile access), you requesting new changes after approval, or third-party outages. The guarantee is your sole remedy for a missed launch date.
4. Plans, fees, and billing
- Plan A: $0 setup, $147 per month.
- Plan B: $397 one-time setup fee, $97 per month.
- Founding rate (limited to the first 3 founding clients we accept): $0 setup, $97 per month for the first 12 months from launch, in exchange for an honest review and permission to show your site as an example. After 12 months, your plan moves to standard pricing unless we agree otherwise in writing.
Monthly fees are billed in advance on a recurring basis starting on your launch date, using the payment method you provide. Prices are in U.S. dollars and do not include taxes, which may be added where required. We may change pricing with at least 30 days' written notice; founding rates will not change during their 12-month term.
5. Month to month and cancellation
All plans are month to month. You may cancel at any time by emailing [email protected]. Cancellation takes effect at the end of your current paid month. See our Refund and Cancellation Policy for details.
6. Your responsibilities
You agree to: provide accurate information about your business, licenses, and services; give us timely access to accounts we need; review content we write and tell us if anything is inaccurate; and use the Services lawfully. You are responsible for the accuracy of claims on your site about your business (for example licensing, insurance, pricing, and service areas).
7. Text messaging (missed-call text-back)
Missed-call text-back sends automated texts on your behalf to people who call your business. You agree to use it only to respond to people who contacted you, to honor opt-out requests (such as STOP), and to comply with applicable messaging laws and carrier rules. We may need information from you to register your messaging with carriers. We may pause messaging if required by carriers or law.
8. Domain and content ownership
- Your domain is yours. If we register a domain for you, it will be registered in your name or transferred to you on request.
- Your content (your logo, photos, and business information you give us) stays yours. You give us permission to use it to provide the Services.
- Our materials (site design, templates, code, and tools used to deliver the Services) remain the property of HomeServ Sites and are licensed to you for as long as your plan is active.
- Site transfer: if you cancel, you can take ownership of your website (its design, code, and the copy we wrote for it) for a one-time transfer fee of $199. Tools we provide as a service, such as hosting, missed-call text-back, and reporting, are not included in a transfer.
9. Showing your site as an example
We will only show your site or name as an example of our work with your permission. Founding clients give this permission as part of the founding rate. You can ask us to stop at any time, though doing so may end the founding rate.
10. Edits and acceptable use
Reasonable edits (text changes, photo swaps, hours, service updates) are included. Large redesigns or new features may require a separate quote. We may refuse or remove content that is illegal, infringing, misleading, or harmful.
11. Results
We work hard to help your site generate calls and requests, but we do not promise any specific number of calls, leads, rankings, or revenue. Results depend on many things outside our control.
12. Third-party services
The Services rely on third parties such as hosting providers, phone and SMS carriers, Google, and payment processors. We are not responsible for their outages or policy changes, but we will work to minimize any impact on you.
13. Disclaimer
Except for the commitments expressly stated in these Terms, the Services are provided "as is" and "as available."
14. Limitation of liability
To the fullest extent allowed by law, our total liability for any claim related to the Services is limited to the amount you paid us in the 3 months before the claim. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost business.
15. Suspension and termination
We may suspend or end the Services if payment fails and is not fixed within a reasonable period after notice, or if you materially break these Terms. You may cancel at any time as described above.
16. Changes to these Terms
We may update these Terms. If we make material changes, we will notify you by email at least 30 days before they take effect.
17. Governing law
These Terms are governed by the laws of the State of Utah. Any dispute will be handled in the state or federal courts located in Salt Lake County, Utah.
18. Contact
HomeServ Sites, a DBA of Mellow Water LLC
1728 Park Ave, Riverton, UT 84065
[email protected]
(801) 696-8158