Terms of Service & Website Plan Agreement

Last updated: 9.7.26

These Terms of Service (“Terms”) govern your purchase and use of the GoldBear Media Website Plan (“Service”), provided by GoldBear Media LLC (“GoldBear Media,” “we,” “us,” or “our”). By purchasing the Service, you (“Client,” “you,” or “your”) agree to these Terms.

1. Description of Service

The Website Plan includes:

  • Design and build of a custom website of up to four (4) pages, selected by Client from the standard page options (Home, About, Services, Contact, or others as mutually agreed)
  • Website hosting for the duration of active service
  • Domain name registration or configuration (see Section 5 regarding domain ownership)
  • Up to one (1) hour per month of website maintenance and edits, submitted through GoldBear Media’s ticket system (“Maintenance Allowance”)

Additional services – including extra pages, blog setup, or work exceeding the Maintenance Allowance – are available as paid add-ons and are not included in the base monthly fee unless separately agreed in writing.

2. Pricing & Billing

  • The Service is billed at $129/month (+3% sales tax) for the first twelve (12) consecutive months of active service.
  • Beginning with the thirteenth (13th) month of continuous service, the monthly fee increases to $169/month (+3% sales tax). This increase applies automatically and does not require additional notice beyond this agreement.
  • Fees are billed monthly in advance via automatic recurring payment through our payment processor. By providing payment information, you authorize GoldBear Media to charge your payment method on a recurring monthly basis until the Service is cancelled.
  • Additional pages beyond the four included are billed at $150 (+3% sales tax) per page, one-time, and are due at the time the additional page is requested and scoped.
  • Any add-on service not listed above is billed separately according to the scope and pricing agreed in writing at the time it is added.
  • All fees are non-refundable except as required by law. Cancelling mid-billing-cycle does not entitle Client to a prorated refund for the remainder of that cycle.

3. Term & Cancellation

  • This Service has no minimum term. Client may cancel at any time, for any reason, with no cancellation fee or penalty.
  • To cancel, Client must submit a cancellation request by emailing our customer service representative at sarah@goldbear.media. Cancellation takes effect at the end of the current billing cycle; Client will not be charged for the following cycle but will not receive a refund for the current one.
  • Upon cancellation or non-payment, GoldBear Media will disable hosting and access to the website. See Section 5 for what happens to the site itself and the domain.
  • GoldBear Media reserves the right to suspend or terminate Service for non-payment, abusive conduct toward staff, or use of the Service for unlawful purposes, with notice where reasonably possible.

4. Ownership & Intellectual Property

  • The website itself – including its design, layout, code, and template structure – is and remains the property of GoldBear Media. Client does not own the website and is not granted any ownership interest in it by virtue of this Service.
  • Client is granted a limited, non-exclusive license to use and display the website for so long as the Service remains active and paid for. This license terminates automatically upon cancellation or termination of Service, at which point GoldBear Media may take the website offline and Client will no longer have access to it.
  • Domain name: The domain name associated with Client’s website is registered in Client’s name and remains Client’s property regardless of the status of this Service. Cancellation ends hosting and access to the website itself, but does not affect Client’s ownership of the domain.
  • Client-supplied content (see Section 5) is not affected by this section and remains Client’s property.

5. Client Content & Representations

  • Client is solely responsible for the accuracy and legality of all content it provides for use on the website, including but not limited to logos, photographs, text, testimonials, trademarks, and business information (“Client Content”).
  • Client represents and warrants that it owns or has obtained all necessary rights, licenses, and permissions to use and provide the Client Content, and that its use on the website will not infringe or violate any third party’s intellectual property, publicity, or privacy rights.
  • Client agrees to indemnify and hold GoldBear Media harmless from any claim, damage, or expense (including reasonable attorneys’ fees) arising from Client Content or Client’s breach of this representation.

6. Maintenance & Support (Ticket System)

  • The Maintenance Allowance covers minor updates: text edits, image swaps, updates to hours/services/contact information, and similarly-scoped small changes, submitted via ticket.
  • Requests that exceed the scope of a minor edit – including new pages, structural redesigns, or significant functionality changes – will be scoped and quoted separately before any work begins.
  • Unused Maintenance Allowance hours do not roll over to future months and have no cash value.
  • GoldBear Media will respond to and complete ticket requests within three (3) to five (5) business days of submission, provided the request falls within the scope of the Maintenance Allowance described above.

7. No Guarantee of Results

GoldBear Media does not guarantee any specific outcome from the Service, including but not limited to search engine rankings, website traffic, lead volume, or revenue. Marketing and search performance depend on many factors outside GoldBear Media’s control.

8. Service Availability & Limitation of Liability

  • The Service relies on third-party hosting infrastructure. GoldBear Media will make reasonable efforts to maintain uptime but does not guarantee uninterrupted or error-free service, and is not liable for outages, data loss, or downtime caused by its hosting provider or other third-party services.
  • To the fullest extent permitted by law, GoldBear Media’s total liability arising from or related to the Service is limited to the total fees paid by Client in the three (3) months preceding the claim. GoldBear Media is not liable for indirect, incidental, special, or consequential damages, including lost profits or lost business opportunities.

9. Third-Party Services

Delivery of the Service involves third-party tools, including payment processing (Stripe), hosting, scheduling (Zoom Scheduler), and ticket management. Client’s information may be processed by these providers as necessary to deliver the Service. GoldBear Media is not responsible for the acts, omissions, or outages of these third parties.

10. Privacy

Information Client provides – including contact details, uploaded content, and payment information – is handled according to GoldBear Media’s Privacy Policy

11. Changes to These Terms

GoldBear Media may update these Terms from time to time. Material changes will be communicated to active clients by email prior to taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Governing Law & Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court. The arbitration shall be administered by American Arbitration Association (“AAA”) and shall take place in Carroll County, Maryland, or remotely, as the arbitration provider’s rules allow. Each party is responsible for its own attorneys’ fees and costs, except as the arbitrator may otherwise award. Client waives any right to a jury trial or to participate in a class action against GoldBear Media.

13. Miscellaneous

  • Entire Agreement: These Terms, along with any signed proposal or order form, constitute the entire agreement between Client and GoldBear Media regarding the Service.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  • Assignment: Client may not assign this agreement without GoldBear Media’s written consent. GoldBear Media may assign this agreement in connection with a merger, acquisition, or sale of assets.
  • Authority: The person accepting these Terms represents that they are authorized to bind the business or individual identified as Client.
  • Force Majeure: Neither party is liable for delays or failures caused by events outside its reasonable control.