1. Agreement Overview

This Terms of Use (“Agreement”) constitutes a legally binding agreement between Sitekick, LLC, a Limited Liability Company organized under the laws of the State of Montana (“Sitekick”), and the Customer (“Customer”). By subscribing to any of Sitekick’s services, the Customer agrees to all terms and conditions outlined in this Agreement. Failure to comply with these terms will result in termination of service access. Except for ongoing obligations, such as payment for services rendered, the relationship between the Customer and Sitekick shall cease upon termination of this Agreement.

2. Service Plans and Payment

Sitekick offers the following standard service plans. All services are billed on a recurring basis unless otherwise agreed in writing.

Sitekick Standard – $12,000 per month

Our flagship monthly service designed for full website builds, rebrands, and ongoing design and development. Clients receive frequent updates, typically every 48 to 72 hours, with consistent communication, scope tracking, and milestone alignment to ensure timely delivery.

Sitekick Support – $6,000 per month

Best suited for clients who need ongoing support, iterations, or updates after a project launch. This plan includes access to our team for updates, refinements, light development work, and design assets on an ongoing basis.

Day Rate – $750 per day

For one-off or highly targeted needs, Sitekick offers a flexible day rate billed per calendar day. This option is intended for short-term consulting, design sprints, or rapid implementation needs.

Custom Plans

Sitekick may offer custom support plans, retainers, or pricing arrangements tailored to specific client needs. Any custom plan will be documented in writing and will be subject to the same billing and payment terms described below unless otherwise agreed.

3. Billing and Payment Terms

All Sitekick services require payment in advance and are billed through Stripe on an automated recurring billing system.

Unless otherwise agreed in writing, monthly service plans are billed at the agreed monthly rate on the 1st of each month. For example, a $12,000 per month plan will be billed as a single $12,000 charge on the 1st.

If a client’s services begin on a date other than the 1st of the month, the first invoice will be prorated from the service start date through the last day of that month, calculated at a rate of $750 per day. Beginning on the next 1st, billing will occur at the full monthly rate.

Payment is due upon receipt of each invoice unless otherwise agreed in writing.

Failure to pay an invoice may result in suspension of services until the account is brought current.

4. Payment Methods and Processing Fees

Sitekick accepts payment through Stripe Subscriptions using either direct ACH transfer or credit card.

To minimize processing costs, direct ACH payment is the preferred payment method and is strongly encouraged for all clients.

Clients who choose to pay by credit card agree to a 3% processing fee, which will be added to each invoice to cover transaction costs charged by the payment processor.

All processing fees are non-refundable.

By providing a payment method and authorizing recurring billing, the client agrees that Sitekick may automatically charge the designated payment method in advance on the 1st of each month at the agreed monthly rate. If services begin mid-month, the client agrees that the first invoice will be prorated as described above, with full monthly billing beginning on the next 1st.

5. Cancellation and Refund Policy

An engagement may be cancelled at any time by either party.

Clients may cancel their services by providing at least fourteen (14) days written notice prior to the intended cancellation date. Client-initiated cancellations are subject to the fourteen day notice requirement and the refund terms described below.

Sitekick reserves the right to end an engagement at any time. If Sitekick elects to terminate an engagement, the client will receive a full refund for any unused prepaid time, regardless of the fourteen day notice window.

Because billing occurs monthly in advance on the 1st of each month, cancellations submitted with proper notice will typically align with the end of the applicable monthly billing period.

If a client is charged for a monthly billing period that extends beyond the fourteen day notice window, any unused prepaid time beyond the fourteen day window will be refunded on a prorated basis.

If cancellation is submitted less than fourteen (14) days before the next monthly billing date, the upcoming billing charge may still apply. In such cases, refunds are limited to any unused time beyond the fourteen day notice window.

First Month Exception

During the first month of any new engagement, the client may cancel at any time and will receive a full refund for any unused prepaid time, regardless of the fourteen day notice requirement.

After the first month, the standard cancellation and refund terms described above will apply.

Abrupt cancellations without sufficient notice after the first month may result in little or no refund, depending on the timing of the monthly billing cycle.

Refunds, if applicable, will be processed to the original payment method within a reasonable time frame.

6. Tools & Workflow

Sitekick uses a variety of tools to streamline project management, communication, and collaboration:

Billing via Stripe: All billing is processed through Stripe, ensuring secure and timely payments for services.

Communication via Slack: All communication is conducted via Slack, including feedback, questions, and updates, to ensure seamless interaction throughout the project lifecycle.

Designs via Figma: All design work is shared with the Customer through Figma, allowing for collaboration, feedback, and revisions directly within the platform.

Web Development in Framer: Most websites designed by Sitekick are built using Framer. The Customer is responsible for purchasing the appropriate Framer hosting plans for their sites.

Project Management via Linear: Sitekick manages projects through Linear Boards, with updates automatically sent to shared Slack channels for the project/client. Clients do not have real-time access to Linear but may request a screenshot of a board at any time.

7. Acceptance of Work

Customers have three (3) business days to provide feedback after receiving design work. If Sitekick does not receive feedback within this period, the work will be considered accepted, and the team will proceed to the next task. While this procedural acceptance does not prevent further iterations, it ensures that project momentum is maintained.

Customers are encouraged to provide timely feedback to keep projects moving forward, while Sitekick remains committed to incorporating further refinements as needed.

8. Intellectual Property Rights

Customers who subscribe to Sitekick’s services gain ownership of all works created specifically for them during a given billing cycle upon commencement of that cycle’s service. This includes brand assets, website designs, and customized graphics.

Sitekick retains rights to its foundational and underlying content, such as software, design frameworks, and pre-existing text, graphics, and media. The specific works produced for a Customer during a paid billing cycle are the Customer’s property from the point service delivery begins.

9. Ownership of Materials

In alignment with the Intellectual Property Rights section, Sitekick retains ownership of proprietary materials and content used during the creation process, while the Customer gains full ownership of the final project work upon full payment. This transfer includes all custom-created design and source files specific to the Customer’s project, but excludes Sitekick’s underlying tools, methods, or pre-existing materials.

10. Fonts

If a project incorporates third-party fonts requiring a commercial license for reproduction, distribution, or public display, Sitekick will inform the Customer in writing. The Customer is responsible for purchasing the appropriate licenses for such fonts and assumes all liability for failure to do so.

11. Customer Representations

By using Sitekick’s services, the Customer represents and warrants that they have the legal capacity to comply with these Terms of Use, are not a minor, will not access services through automated or non-human means, and will use the services in a manner that complies with applicable laws and regulations.

12. Prohibited Activities

Customers shall use Sitekick’s services solely for lawful purposes and as intended. Prohibited activities include, but are not limited to:

• Reselling or redistributing the services or content created by Sitekick for unauthorized commercial purposes.

• Using the services or content in any manner that infringes on the intellectual property rights of others.

• Engaging in any illegal, fraudulent, or harmful activity.

13. Feedback

All feedback must be submitted through designated platforms, such as Slack or Figma. Feedback submitted via these channels ensures proper documentation and response. Sitekick is not liable for any oversight on feedback not shared through the designated channels.

14. Oversight

Sitekick reserves the right to monitor service use for violations of these Terms and to take legal action as necessary. Sitekick may restrict or deny access to services for any violation of these terms.

15. Modifications to Terms of Use

Sitekick may update these terms periodically. Changes will apply to new subscriptions or renewals only. For active clients, the terms in effect at the time of the original agreement will remain in place for the duration of the engagement, unless otherwise agreed in writing. Clients are encouraged to review these terms regularly.

16. Interruptions

Service interruptions may occur due to factors beyond Sitekick’s control, such as team member unavailability or technical issues. Sitekick will not be liable for any loss or inconvenience caused by service interruptions but will make efforts to resume services as soon as possible.

17. Governing Law

These Terms of Use are governed by the laws of the State of Montana, without regard to conflict of law principles.

18. Limitations of Liability and Indemnification

Sitekick shall not be liable for indirect, incidental, special, or punitive damages arising from the use of its services. Sitekick and the Customer agree to indemnify each other as outlined in the event of claims alleging infringement or misuse of intellectual property.

Indemnification:

Sitekick shall indemnify, defend, and hold harmless the Customer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the design work produced by Sitekick as delivered to the Customer and used in accordance with the terms of this Agreement infringes the intellectual property rights of such third party.

The Customer agrees to indemnify, defend, and hold harmless Sitekick against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any claim or action by a third party alleging that the use of the Services in a manner not authorized by this Agreement, or the Customer’s modification of the design work, infringes the intellectual property rights of such third party.

The indemnification obligations set forth above are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of any claim or action; (b) giving the indemnifying party exclusive control and authority over the defense or settlement of such claim or action; (c) providing assistance in connection with the defense or settlement of such claim or action at the indemnifying party’s request and expense.

Notwithstanding the foregoing, the total liability of each party under the indemnification obligations shall not exceed the total amount paid to Sitekick by the Customer under this Agreement within the 12-month period preceding the claim.

The indemnifications set forth above shall not apply to the extent that the alleged infringement arises from: (a) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Sitekick or not authorized by Sitekick in writing; (b) modifications to the Services by anyone other than Sitekick; (c) the Customer's failure to use updates or modifications to the Services that Sitekick has provided specifically to avoid infringement; or (d) the Customer’s failure to secure appropriate rights, licenses, consents, or permissions required for third-party assets it directs Sitekick to incorporate into the design work.

Both parties acknowledge that the limitations and exclusions of liability and indemnity in this agreement are fundamental elements of the basis of the bargain between Sitekick and the Customer, with the exception that these limitations do not apply to the indemnifiable losses as set forth above.

19. Customer Data

The Customer is responsible for providing all necessary data and materials for Sitekick to perform its services. Sitekick is not liable for any loss or corruption of data, though reasonable efforts will be made to assist in recovery.

20. Electronic Delivery of Materials

The Customer agrees to receive all communications electronically, and this satisfies the legal requirements for written communication.

21. Showcasing Work

Sitekick reserves the right to showcase work on its digital channels unless a Non-Disclosure Agreement (NDA) has been agreed upon.

22. Termination

These Terms of Use remain in effect until terminated by either the Customer or Sitekick. Customers may terminate their agreement by following the cancellation policy. Sitekick may also terminate or suspend services in the event of non-payment or violation of these terms.

23. Agreement Execution

By subscribing to Sitekick’s services, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms of Use. This Agreement is considered executed once the Customer subscribes to any service plan offered by Sitekick.

Contact Information

For questions or comments regarding these Terms, please contact:

hello@sitekick.co
Sitekick, LLC
416 N. Ida Ave
Bozeman, MT 59715