Our Smart Website Packages Terms & Conditions
Last Updated: 06/10/25
These Terms and Conditions (“Agreement”) govern the purchase and delivery of Smart Website Packages by Hamaguri Enterprises LLC, doing business as Otter Creative Studio (“we,” “our,” or “us”), to the partner (“Partner” or “you”). By purchasing a Smart Website Package, you agree to be legally bound by this Agreement.
For general website usage terms, visit our main Terms & Conditions page.
1. INTRODUCTION & ACCEPTANCE OF TERMS
By purchasing a Smart Website from Otter Creative Studio, you confirm that you have read, understood, and agree to be bound by this Agreement in full.
2. DEFINITIONS
Smart Website: A fully managed, conversion-ready, all-in-one web solution provided by Otter Creative Studio. We handle all aspects of setup, launch, and ongoing maintenance on behalf of the Partner. This includes, but is not limited to, custom website design and development, hosting, basic SEO setup, security monitoring, regular backups, software updates, bug fixes, and integration with third-party tools designed to support lead generation and improve search engine visibility for targeted keywords. Smart Website Packages are built to deliver performance and simplicity without requiring the Partner to manage technical components.
Membership Plan: A required monthly subscription that supports the ongoing operation and functionality of the Smart Website. This plan covers, but is not limited to, hosting, backups, updates, bug fixes, security and server monitoring, general maintenance, and access to essential third-party tools and services.
Add-On Services: Optional upgrades or services not included in the base Smart Website Package. These may include, but are not limited to, copywriting, advanced SEO, ecommerce setup, CRM or email integrations, additional landing pages, or consulting services. Add-ons are quoted separately and may be billed under hourly or custom pricing models.
3. SCOPE OF WORK
We will deliver a fully functional Smart Website built on WordPress, integrated with select third-party tools, and fully hosted and maintained by us. The Partner is responsible for providing all required content (e.g., copy, logos, brand assets, feedback) in a timely manner unless content creation is requested as an add-on. We do not provide legal, financial, or tax advice, and advanced customizations are only available through separately purchased add-ons.
4. PAYMENT TERMS
Setup Fee: Payment is due in full before the project begins. A 3-day money-back guarantee applies as described in Section 7.
Monthly Membership: Membership begins 30 days after the setup fee is paid and is required to keep the Smart Website live and maintained. It includes hosting, backups, updates, security monitoring, bug fixes, and third-party tool costs.
Late Payments: If a membership payment is not received by the due date, the site will be placed into maintenance mode one (1) day after the missed payment.
5. REVISIONS & SCOPE CREEP
We use a streamlined, high-converting “less is more” design philosophy. One initial concept will be tailored to your brand and revised until you are satisfied. Requests outside the package scope are not included but may be offered as paid add-ons.
6. PARTNER RESPONSIBILITIES
To keep your project on track, you agree to:
- Submit all required content before the project begins.
- Approve or respond to feedback within three (3) business days.
- Maintain regular communication.
If you become unresponsive for two (2) to four (4) weeks, the project will be paused with no refund issued. After four (4) weeks, a $299 reactivation fee will apply to resume the project.
7. CANCELLATION & REFUNDS
You may cancel within three (3) calendar days of purchase for a full refund of the setup fee. If work has already begun, we will deduct $149 per hour for completed work and refund the remaining balance. Monthly memberships may be canceled at any time with 30 days’ written notice. No refunds will be issued for unused days or partial billing cycles.
8. TIMELINE
Smart Websites are typically completed within seven (7) to fourteen (14) business days after all required content is received. Actual timelines may vary based on partner response time, holidays, or unforeseen delays. Partner delays (e.g., missing content or slow feedback) may result in project delivery extensions.
9. HOSTING & MAINTENANCE
Smart Websites are hosted and maintained by us under your membership. If you choose to transfer your site to your own hosting provider, a one-time $299 transfer fee applies. Once transferred, all technical responsibility becomes the Partner’s. We do not train or support DIY management post-transfer, and essential third-party tools or operational components will not be transferred.
10. INTELLECTUAL PROPERTY
Ownership of the final website transfers to the Partner only upon full payment of all setup and membership fees. All proprietary systems, third-party tools, and services used during or after development remain the sole property of Hamaguri Enterprises LLC. Unless requested otherwise in writing, we reserve the right to feature your site in our portfolio and promotional materials.
11. LIMITATION OF LIABILITY
We make no guarantees regarding SEO rankings, lead generation, traffic levels, uptime, or third-party tool reliability. We are not liable for lost revenue, reputational damage, or downtime caused by issues outside our control.
12. CONFIDENTIALITY
Any confidential or sensitive information shared between the Partner and Otter Creative Studio will be kept confidential unless expressly permitted in writing by the disclosing party.
13. INDEMNIFICATION
The Partner agrees to indemnify and hold harmless Hamaguri Enterprises LLC from any claims, damages, or legal expenses resulting from:
- Illegal content provided by the Partner.
- Trademark or copyright violations by the Partner.
- Regulatory or compliance breaches connected to the Partner’s business.
14. GOVERNING LAW
This Agreement is governed by the laws of the State of Florida, regardless of the Partner’s location.
15. ADD-ON SERVICES
While Smart Website Packages are designed to be comprehensive, we may offer add-on services such as copywriting, advanced SEO, ecommerce setup, CRM or email marketing integrations, extra pages, lead generation, AI consulting, and strategy sessions. These are not included in base pricing unless explicitly stated and are quoted separately. We aim to keep projects within package parameters but understand some businesses may require customization.
16. COMMUNICATION POLICY
All communication must occur via our ticketing or partner portal system. We respond within 24 business hours. Zoom or email may be used for onboarding or escalated support when necessary.
17. PORTFOLIO USE
Unless you opt out in writing, we reserve the right to display your website in our portfolio, on social media, or in promotional materials.
18. DISPUTE RESOLUTION
In the event of a dispute, both parties agree to attempt good-faith resolution via informal communication or mediation. If unresolved, the matter will be resolved through binding arbitration in the State of Florida under applicable laws.
19. TERMINATION
We reserve the right to suspend or terminate services at our discretion if you violate these Terms or engage in behavior deemed harmful to our team, services, or third parties.
20. CHANGES TO TERMS
We may update these Terms at any time. Continued use of our services after any changes constitutes acceptance of the revised Terms.
Contact Information
📧 Email: info [AT] ottercreativestudio.com
📍 Address: 630 1st Ave PMB 130 · San Diego, CA 92101
By purchasing a Smart Website from Otter Creative Studio, you agree to all terms outlined in this Agreement.
