Terms of Service

1. Services Provided

Home Service Operator provides website design, website hosting, marketing automation services, and related digital services for home service contractors and trades businesses ("Services").

2. Billing and Payment Terms

2.1 Monthly Subscription

Services are billed monthly on a recurring basis on the date you initially subscribe.

2.2 Pricing

Prices are as displayed on our website at the time of purchase. All prices are in United States Dollars (USD).

2.3 Payment Method

Payment is processed via credit card or debit card through our payment processor, Stripe.

2.4 Failed Payments

If a payment fails, we will attempt to process it up to three times. If payment cannot be processed after three attempts, your service may be suspended or terminated.

2.5 Price Changes

We reserve the right to change our pricing with 30 days' notice. Existing customers will be grandfathered at their current rate for 60 days before any price increase takes effect.

3. Cancellation Policy

3.1 How to Cancel

You may cancel your subscription at any time by providing 30 days' written notice via email to hello@homeserviceoperator.com.

3.2 No Cancellation Fees

There are no cancellation fees or penalties for terminating your subscription.

3.3 Service After Cancellation

Your website will remain live for 30 days following your cancellation date. After 30 days, your website will be taken offline and all related services will cease.

3.4 Domain Ownership

You retain ownership of your domain name. We will assist with transferring domain management to you or your chosen provider upon request.

3.5 No Refunds for Partial Months

Cancellations do not entitle you to a refund for the current billing period.

4. 30-Day Performance Guarantee

4.1 Guarantee Terms

If your incoming call volume does not increase within the first 30 days of service, you are not required to pay for the second month of service.

4.2 How to Claim

To claim this guarantee, you must:

• Notify us in writing within 30 days of service activation
• Provide evidence of call tracking or comparable data
• Allow us the opportunity to diagnose and resolve any issues

4.3 Resolution Process

Upon receiving a guarantee claim, we will either identify and resolve technical issues preventing results, or waive payment for the second month of service.

4.4 Exclusions

This guarantee does not apply if:

• You have not provided required materials (logo, content, photos) within 7 days of request
• You have made substantial changes to the website or system without our approval
• You have failed to activate or use the automation features provided
• You operate in an area with extremely limited search volume or population

5. Intellectual Property

5.1 Your Content

You retain all rights to content you provide (text, images, logos, branding materials). By providing this content, you grant us a license to use it for the purpose of delivering our services.

5.2 Our Work Product

We retain all rights to the website code, templates, automation workflows, and proprietary systems we create. During your active subscription, you have a license to use these materials. This license terminates upon cancellation of services.

5.3 Third-Party Tools

Our services integrate with third-party platforms (GoHighLevel, Google, Facebook, etc.). Your use of these platforms is subject to their respective terms of service.

6. Limitation of Liability

6.1 Maximum Liability

Our total liability to you for any claims arising from or related to our services shall not exceed the total amount you paid us in the three months immediately preceding the claim.

6.2 Excluded Damages

We are not liable for:

• Lost profits, revenue, or business opportunities
• Data loss or corruption
• Third-party claims
• Service interruptions due to factors outside our reasonable control
• Consequential, indirect, incidental, or punitive damages

6.3 No Guarantees of Results

While we provide high-quality services, we do not guarantee specific business outcomes, lead volumes, revenue increases, or return on investment. Results vary based on your industry, location, competition, and business practices.

7. Acceptable Use

You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Engage in any activity that disrupts or interferes with our services
• Use our services to send spam or unsolicited communications
• Reproduce, duplicate, copy, sell, or resell any portion of our proprietary systems
• Harass, abuse, or harm our staff or other customers

We reserve the right to immediately suspend or terminate your account if you violate these terms.

8. Service Availability

8.1 Uptime

We strive to maintain 99% uptime for hosted websites. However, we do not guarantee uninterrupted service.

8.2 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

8.3 Third-Party Dependencies

Our services rely on third-party providers (hosting, automation platforms, payment processors). We are not responsible for outages or failures of these third-party services.

9. Data and Privacy

Your use of our services is subject to our Privacy Policy. We collect, store, and process data in accordance with applicable United States federal and California state privacy laws, including the California Consumer Privacy Act (CCPA).

10. Modifications to Terms

10.1 Right to Modify

We reserve the right to modify these Terms of Service at any time.

10.2 Notice of Changes

Material changes will be communicated via email at least 30 days before taking effect.

10.3 Continued Use

Your continued use of our services after changes take effect constitutes acceptance of the modified terms.

11. Termination

11.1 Termination by You

You may terminate services as outlined in Section 3 (Cancellation Policy).

11.2 Termination by Us

We may terminate your service immediately if:

• You breach these Terms of Service
• Your account has failed payment for more than 30 days
• You engage in fraudulent or illegal activity
• Continued provision of service creates legal or reputational risk

11.3 Effect of Termination

Upon termination, your access to all services will cease. We are not obligated to maintain backups of your data after termination.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms of Service are governed by the laws of the State of California, United States of America, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Sonoma County, California.

12.3 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of no less than 30 days.

13. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Home Service Operator regarding the use of our services and supersede all prior agreements and understandings.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Contact Information

For questions about these Terms of Service:

• Business: Home Service Operator
• Address: Santa Rosa, CA 95404
• Email: hello@homeserviceoperator.com
• Phone: (707) 657-6422
• EIN: Available upon request