Terms of Service

These Terms of Service ("Terms") govern your use of services provided by Toolbox Marketing Co., a DBA of Northern Wave Marketing, LLC ("we," "us," "our," "Toolbox"). By placing an order, paying for a subscription, or otherwise using our services, you ("Customer," "you") agree to these Terms. Please read carefully — these Terms include important provisions about ownership, refunds, and limits on our liability.

1. Services

We provide website creation, hosting, and maintenance services on a subscription basis. Our current plans (Starter, Pro, and Premium) are described on our pricing page. Specific features, deliverables, and limits associated with each plan are described at the time of purchase and may be updated from time to time. We also offer one-time add-on services, including logo design and business card design.

2. Subscription terms and billing

2.1 Subscription period. Subscriptions renew monthly on the date you first subscribed. Payment is due at the start of each billing period.

2.2 Payment processing. All payments are processed by Stripe. By subscribing, you authorize us to charge your payment method on the recurring schedule of your selected plan, including any applicable taxes.

2.3 Failed payments. If a payment fails, Stripe will automatically retry over a period of approximately 1–2 weeks. If payment cannot be collected, we will contact you directly before suspending your service.

2.4 Price changes. We may change subscription prices with at least 30 days' written notice. Existing subscribers will be notified by email. If you do not agree to the new price, you may cancel before it takes effect.

3. Cancellation and refunds

3.1 Cancellation. You may cancel your subscription at any time by emailing us at hello@toolboxmarketingco.com. Upon cancellation:

• Your website will remain live until the end of your current paid billing period.
• After the paid period ends, your website will be taken offline.
• You will not be charged again after the period in which you cancel.

3.2 No refunds for partial periods. We do not issue refunds for unused portions of a billing period. You retain access to the service through the end of the period for which you have paid.

3.3 One-time products. One-time add-on products (logo design, business cards, etc.) are non-refundable once design work has begun. If we have not yet started work, you may request a refund within 7 days of purchase.

3.4 Termination by us. We may suspend or terminate your service for material breach of these Terms, abuse of our systems, illegal use, non-payment, or any conduct that exposes us to legal or reputational risk. We will provide notice except in cases requiring immediate action.

4. Ownership and licensing

4.1 Our property. The website infrastructure we build for you — including the underlying code, design systems, templates, hosting configuration, and software — is the property of Toolbox Marketing Co. While your subscription is active, we grant you a non-exclusive, non-transferable license to use this infrastructure as your business website at the domain you specify.

4.2 Your content. You retain full ownership of all content you provide to us, including your business name, logos, photographs, descriptions, customer lists, and any other materials you supply ("Customer Content"). By providing Customer Content to us, you grant us a non-exclusive, royalty-free license to use, reproduce, display, and modify that content solely for the purpose of providing services to you.

4.3 Effect of cancellation on website. Because you license (but do not own) the website infrastructure, when your subscription ends, the website ceases to be hosted by us. You may request copies of your Customer Content (text, images you supplied) at any time. We do not provide source code, hosting credentials, or transferable site exports.

4.4 Domain ownership. Domain names you own remain yours. If we registered a domain on your behalf, ownership transfer can be arranged upon request, subject to registrar policies.

5. Customer responsibilities

You agree that:

• All Customer Content you provide is accurate, lawful, and either owned by you or properly licensed for use.
• Your business is operated lawfully and your website will not be used for any illegal purpose.
• You will not use the website to transmit malware, spam, harassing content, or material that infringes on others' rights.
• You will respond to our reasonable requests for information needed to deliver services (e.g., domain access, content corrections).
• You are responsible for handling personal information collected through your website (e.g., contact form submissions) in compliance with applicable laws.

6. Service levels and availability

We aim to deliver high-quality, reliable service, but we do not guarantee uninterrupted availability. Hosting infrastructure may experience downtime due to maintenance, third-party provider issues, or other factors. We are not liable for losses resulting from temporary outages.

Turnaround time. We aim to deliver initial draft websites within 5–7 business days of receiving complete information from you. Edits to live sites are typically completed within 2 business days. These are targets, not contractual guarantees.

7. Disclaimers

8. Limitation of liability

9. Indemnification

You agree to indemnify and hold harmless Toolbox Marketing Co., Northern Wave Marketing, LLC, and our officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) Customer Content you provide; (b) your use of the services; (c) your violation of these Terms; or (d) your violation of any third-party rights.

10. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from these Terms or the services shall be resolved exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to personal jurisdiction in those courts. Both parties waive any right to a jury trial.

11. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. We will notify active subscribers of material changes by email at least 30 days before they take effect. Continued use of the services after changes take effect constitutes acceptance of the updated Terms.

12. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the services.

Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights to an affiliate or successor.

13. Contact us

Note: These Terms have been prepared for general business purposes and reflect our standard practices. They are not legal advice. If you have specific legal concerns, please consult a licensed attorney in your jurisdiction.