These Terms of Service ("Terms") govern your use of the services provided by The Digital Wash ("we," "us," or "our"), a digital marketing agency based in Tampa, Florida, operated by Wyatt Bensman. By engaging our services, you ("client" or "you") agree to these Terms. We've written this in plain English so everyone knows where they stand.
1. Services We Provide
The Digital Wash offers the following services for small businesses:
The specific services included in your engagement depend on the website build package and monthly management plan you choose. See our Pricing page for current offerings.
2. Pricing & Payments
Our pricing consists of two components:
One-time website build fee — A flat fee for the design and development of your custom website. The exact amount depends on the package you select.
Monthly management fee — A recurring monthly fee for hosting, maintenance, and any additional services included in your plan (SEO, ads, etc.).
3. Client Responsibilities
To deliver the best results, we need your help. As a client, you agree to:
4. Intellectual Property
What you own:
What we own:
When we build your website, you receive a perpetual, non-exclusive license to use the site as delivered. If our relationship ends, you keep your website files and can host them anywhere you choose. No hostage situations — ever.
5. Monthly Plans & Cancellation
6. Refund Policy
Website builds: We build your complete demo site before you pay anything. Once you approve the demo and authorize the build fee, the website build fee is non-refundable — because you've already seen and approved the work. If you don't like the demo, you owe us nothing.
Monthly plans: Monthly management fees are non-refundable for the current billing period. You can cancel at any time before your next billing cycle to avoid future charges.
Add-on services: One-time add-on services (brand identity, photography, etc.) are non-refundable once work has begun. If work has not started, we will issue a full refund upon request.
7. Website Hosting
Website hosting is included in all monthly management plans. As long as your plan is active, your site is hosted, secured, and maintained by us.
If you cancel your monthly plan:
8. Limitation of Liability
To the fullest extent permitted by law, The Digital Wash shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, or loss of data, arising out of or related to your use of our services.
Our total liability for any claim arising from our services shall not exceed the total amount you paid to The Digital Wash in the 12 months preceding the claim.
We do our best to deliver excellent work, but we cannot guarantee specific business outcomes such as search engine rankings, lead volume, or revenue increases. Digital marketing results depend on many factors outside our control, including market conditions, competition, and your own business operations.
9. Termination
Either party may terminate the service relationship with 30 days written notice. Upon termination:
We reserve the right to terminate services immediately if a client engages in abusive behavior, fails to pay invoices after reasonable notice, or uses our services for unlawful purposes.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the courts located in Hillsborough County, Florida.
11. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. For material changes, we will make reasonable efforts to notify active clients via email at least 30 days before the changes take effect. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.
12. Contact Us
If you have any questions about these Terms of Service, please contact us:
Questions about our policies? Email us at wyatt@thedigitalwash.com