Terms of Service
Effective Date: August 20, 2026
These Terms of Service (“Terms”) govern website design, hosting, maintenance, and related digital services provided by DA Capra (“DA Capra,” “we,” “our,” or “us”).
By purchasing, ordering, subscribing to, or authorizing DA Capra to begin services, the customer (“Client”) agrees to these Terms.
1. Website Programs
DA Capra currently offers multiple website service options, including Pay What You Want (“PWYW”), Pay As You Go (“PAYG”), custom website development, and related digital services.
The features and terms of each program may differ.
2. Pay What You Want Websites
The PWYW program allows eligible clients to choose what they wish to pay for a basic website build.
Unless otherwise stated in writing, a PWYW website includes:
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A basic professionally designed website
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Reasonable setup and configuration
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One domain registration for the initial term when included with the offer
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One year of website hosting
The amount voluntarily selected by the Client represents payment for the agreed PWYW website project.
Additional functionality, extensive revisions, e-commerce, booking systems, AI integrations, custom programming, premium plugins, specialized services, or work outside the basic project scope may require additional charges.
PWYW Hosting After the First Year
When the included hosting period expires, the Client may be offered the opportunity to continue hosting or related services at the then-current rate.
The Client is not obligated to continue purchasing hosting from DA Capra unless otherwise agreed in writing.
3. Pay As You Go Websites
PAYG is an ongoing website service rather than a traditional one-time website purchase.
PAYG generally includes:
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Website design and setup
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Website hosting
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Routine website maintenance
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WordPress and plugin updates
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Reasonable content updates
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Minor photo and text changes
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Basic troubleshooting
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Other services specifically included in the Client’s selected plan
PAYG services continue for as long as the Client maintains an active paid subscription.
4. PAYG Recurring Billing
By enrolling in PAYG, the Client authorizes DA Capra or its payment processor to charge the agreed recurring service fee according to the billing frequency disclosed at enrollment.
Recurring billing continues until the PAYG service is canceled.
The amount and frequency of recurring charges will be disclosed before enrollment.
5. PAYG Cancellation
Clients may cancel PAYG service at any time unless a separate written agreement provides otherwise.
Cancellation stops future recurring charges after any amount already due or incurred.
There is no long-term commitment unless one is specifically agreed to in writing.
Cancellation does not normally entitle the Client to a refund of fees already paid for a billing period that has begun.
6. What Happens to a PAYG Website After Cancellation
PAYG websites are provided as part of an ongoing service relationship that includes hosting, maintenance, and website infrastructure.
When PAYG service ends, DA Capra’s obligation to host, maintain, update, support, or operate the website also ends.
Upon request, DA Capra will reasonably cooperate with a Client who wishes to migrate or rebuild their website elsewhere. Third-party costs, migration services, premium licenses, specialized transfer work, or other expenses may be the Client’s responsibility.
Client-owned content such as logos, photographs, written copy, and other materials supplied by the Client remain the Client’s property.
DA Capra retains ownership of its proprietary systems, reusable templates, processes, software configurations, design frameworks, licenses, and other intellectual property unless ownership has expressly been transferred in writing.
7. Custom Website Projects
Traditional custom website projects may be quoted separately.
The project’s price, scope, payment schedule, functionality, and delivery requirements may be established through a proposal, invoice, email, or other written agreement.
Work requested beyond the agreed scope may require additional payment.
8. Revisions and Reasonable Updates
DA Capra wants clients to be happy with their websites and will make reasonable efforts to accommodate revisions during development.
However, unlimited revisions, complete redesigns, major changes in direction, new functionality, extensive content creation, or work substantially outside the original project may be treated as additional work.
For PAYG clients, “reasonable updates” means normal ongoing changes such as editing text, replacing photographs, changing contact information, adding routine content, or similar maintenance.
It does not mean unlimited redesign or development services.
9. Client Responsibilities
The Client is responsible for providing accurate and lawful content, including text, images, logos, trademarks, product information, pricing, business information, and other materials necessary for the project.
The Client represents that they have permission to use materials supplied to DA Capra.
DA Capra is not responsible for copyright, trademark, privacy, licensing, advertising, or other claims resulting from materials supplied or specifically requested by the Client.
10. Domains
Domain names purchased specifically for a Client may be registered or managed through DA Capra or a third-party registrar.
Unless otherwise agreed, applicable renewal fees after an included registration period are the Client’s responsibility.
DA Capra is not responsible for loss of a domain caused by the Client’s failure to pay renewal charges, maintain accurate registration information, or respond to required registrar communications.
11. Hosting and Third-Party Services
Websites depend on third-party technology including hosting companies, domain registrars, WordPress, plugins, payment processors, APIs, email services, AI providers, and other platforms.
DA Capra cannot guarantee uninterrupted operation of services controlled by third parties.
Temporary downtime, software failures, third-party outages, cybersecurity incidents, compatibility problems, or service interruptions beyond DA Capra’s reasonable control do not constitute a breach of these Terms.
12. Premium Software and Third-Party Fees
Some functionality may require premium plugins, software licenses, subscriptions, APIs, transaction fees, or other third-party services.
Unless specifically included in the Client’s plan or proposal, these costs are the Client’s responsibility.
13. Payments and Refunds
Because website design and digital services involve labor performed specifically for an individual Client, payments for completed work are generally non-refundable.
Refund requests involving work that has not yet been completed may be considered based on the circumstances and the amount of work already performed.
Third-party expenses already incurred on the Client’s behalf, including domains, premium software, licenses, processing charges, or other non-refundable expenses, are not refundable by DA Capra.
14. Project Delays
DA Capra is not responsible for project delays caused by the Client’s failure to provide required information, content, approvals, credentials, payments, or other materials.
Project timelines are estimates unless a specific completion date has been expressly guaranteed in writing.
15. Website Results
DA Capra does not guarantee specific sales, leads, search-engine rankings, website traffic, revenue, conversions, or other business results.
Website design and digital marketing tools can support a business, but results depend upon numerous factors outside DA Capra’s control.
16. Prohibited Use
DA Capra may refuse or terminate services involving unlawful activity, fraud, malicious software, infringement, harassment, exploitation, or other activity that could reasonably expose DA Capra, its infrastructure, or its service providers to legal, technical, or reputational harm.
17. Suspension for Nonpayment
DA Capra may suspend hosting, maintenance, PAYG services, or other recurring services when an account becomes delinquent.
Reasonable efforts may be made to notify the Client before suspension.
Restoration of suspended services may require payment of outstanding balances and, where applicable, reasonable restoration costs.
18. Limitation of Liability
To the maximum extent permitted by applicable law, DA Capra will not be liable for indirect, incidental, special, consequential, or lost-profit damages arising from use of a website or related services.
DA Capra’s total liability arising from a particular service will not exceed the amount paid by the Client to DA Capra for that service during the preceding twelve months, except where applicable law requires otherwise.
19. Indemnification
The Client agrees to defend and hold DA Capra harmless from claims arising from Client-supplied content, Client business practices, products or services offered by the Client, intellectual-property violations involving Client materials, or the Client’s unlawful use of the website.
20. Termination
DA Capra may terminate or refuse service for nonpayment, unlawful activity, abuse of services, material violation of these Terms, or conduct that creates a substantial legal, security, or operational risk.
Where reasonably possible, Clients will be given an opportunity to resolve ordinary account or service issues before termination.
21. Changes to Services or Terms
DA Capra may modify its services, pricing, policies, or these Terms from time to time.
Changes to recurring pricing will be communicated before the new rate is charged when required.
The current Terms will be maintained on the DA Capra website.
22. Governing Law
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.
23. Entire Agreement
These Terms, together with any applicable proposal, invoice, service description, or written project agreement, constitute the agreement between DA Capra and the Client regarding the applicable services.
If a project-specific written agreement conflicts with these general Terms, the project-specific agreement controls for that project.
24. Contact
Questions about these Terms or DA Capra services may be directed to:
DA Capra
Email: dave@dacapra.com
Phone: 1.417.319.6118