Terms and Conditions

Last updated: September 25, 2026

These Terms and Conditions ("Terms") govern your purchase and use of website redesign, rebuild, chat care, and related services ("Services") from Bennelli LLC doing business as Fixelton ("Fixelton," "we," "us," or "our"). By paying for, signing, or otherwise accepting a proposal, invoice, checkout, or statement of work from us, you ("Client," "you") agree to these Terms.

If you do not agree, do not purchase or use the Services.

1. Who we are / how to contact us

• Operated by: Bennelli LLC (d/b/a Fixelton)
• Website: https://www.fixelton.com
• Contact: [email protected]
• Privacy Policy: https://www.fixelton.com/privacy

2. Services (what we do)

2.1 Redesign / rebuild (core offer)

Unless a signed statement of work ("SOW") says otherwise in writing, our standard redesign/rebuild engagement is a bot-led static-site rebuild of your existing website, generally including:

• Redesign and rebuild of pages and content that substantially correspond to what already exists on your pre-engagement site (or materials you provide as the baseline)
• Reasonable modernization of layout, design, and usability
• Basic contact or inquiry forms consistent with what you already had (or a simple equivalent)
• Handoff and go-live of the rebuilt site on an agreed platform
• Optional chat care after launch (small updates via chat), if you purchase a care plan

Floor pricing for a standard rebuild starts at $249, and is otherwise value-based. Quoted price may be higher based on complexity. The price on your checkout, invoice, or SOW controls.

2.2 Chat care plans

If you purchase ongoing care, plan names and prices are as shown at checkout (including tiers such as Starter, Keep, and Open). Care covers chat-based small updates within the plan's edit caps. Unused edits do not roll over and are not refundable as cash. Care is not a redesign, marketing retainer, or guarantee of leads or results.

While care is active and in good standing, hosting of the Fixelton-built site on our infrastructure is included as described in Section 21 (including Host-only, grace period, export, and what happens if care ends). The redesign fee does not include perpetual free hosting.

2.3 What is not included unless expressly written

The following are out of scope unless we expressly add them in a paid SOW or change order:

• Large expansions beyond your pre-redesign footprint (for example, growing a small handful of pages into a large multi-page or multi-section site)
• Custom web applications, memberships, portals, marketplaces, booking engines, complex e-commerce, CRM/marketing automation builds, custom APIs, or heavy third-party integrations
• Brand-new copywriting for large amounts of new content, professional photography, video production, or paid ads
• SEO guarantees, ranking guarantees, traffic guarantees, or lead / sales / revenue guarantees
• Ongoing marketing retainers, content marketing, or social management (unless separately purchased)
• Legal, medical, financial, or other regulated professional advice content review
• Accessibility certification, security audits, or compliance certifications (including ADA, HIPAA, PCI) unless expressly sold

2.4 Scope is anchored to your existing site

Important: For a redesign/rebuild, scope is limited roughly to the size and complexity of what you have before we start.

Examples (illustrative, not exhaustive):

• If your current site has a handful of simple pages and no special features, we rebuild that kind of site, not a 20+ page marketing site, a web app, or a feature-heavy product.
• If you want materially more pages, sections, features, or complexity than your baseline site, that is a scope expansion. We may (a) decline it, (b) require a new quote / SOW, or (c) cancel under Section 4 with a refund as described there.

We determine "roughly equivalent" in good faith by comparing page count, content volume, interactive features, integrations, and design complexity of the baseline versus your requests.

3. Client responsibilities

You agree to:

• Provide timely access to your existing site, hosting, domain, brand assets, login credentials (as needed), and decision-makers
• Provide accurate business information and content you have rights to use
• Review drafts and respond within agreed timelines (or within a reasonable time if none stated)
• Ensure you have authority to bind the business purchasing the Services
• Not ask us to copy third-party designs, code, or content in a way that infringes others' rights

Delays on your side may delay delivery. We are not responsible for losses caused by your delay, missing assets, or incorrect information.

4. Right to decline, pause, or cancel (with refund)

4.1 We may decline or stop work

We reserve the right, at our sole discretion, to decline a project, pause work, or cancel an engagement (before or after payment) if, among other reasons:

• You request work materially beyond the agreed or baseline scope (including expansions far beyond your pre-redesign site)
• Communication becomes abusive, harassing, threatening, or consistently bad-faith
• You repeatedly change direction in ways that make the original price or scope unworkable
• We reasonably believe the project would require illegal, infringing, deceptive, or unethical work
• Required access, assets, or approvals are not provided after reasonable requests
• Payment fails, is reversed, or is disputed in bad faith

4.2 Full refund when we cancel for the above reasons

If we cancel under Section 4.1 and we have not completed go-live of the rebuild, you will receive a full refund of amounts paid to us for that redesign engagement, minus any non-refundable third-party fees we already paid on your behalf with your approval (domain, hosting, plugins, stock assets), if any.

If substantial completed add-on work has already been delivered and accepted by you under a separate line item, that accepted add-on may be excluded from the refund.

Chargebacks: Contact us first at [email protected]. Filing a chargeback without contacting us may result in suspension of Services and recovery of our costs to the extent allowed by law.

4.3 If you cancel or reject before go-live

Unless your order or SOW states a different cancellation policy:

• Before go-live: If you reject the redesign before go-live, you receive a full refund of the redesign deposit you paid to us. We absorb ordinary card-processing fees on that refunded deposit.
• After production has started but you want a different outcome that is still in scope: We will work in good faith within the revision policy in Section 6. Expanding scope still requires a change order.
• After go-live: Redesign fees are generally non-refundable once the site has gone live with your approval, except where required by law or where we cancel under Section 4.1 for reasons attributable to us.

Care plan fees are billed as stated at signup and may be canceled going forward under the care plan terms shown at checkout; prepaid unused edit capacity does not roll over and is not cash-refundable except where required by law.

5. Payment

Unless your checkout or SOW says otherwise for a redesign:

• Pricing is value-based with a $249 floor
• 50% deposit is due to start (move the project into Building)
• Remaining balance is due before go-live
• Work may pause if a payment is late or fails
• Taxes may apply where required

Care plans are billed as shown at checkout for the selected tier.

6. Revisions and change orders

A standard rebuild includes a reasonable set of revisions consistent with the paid package or SOW. Revisions mean adjustments to the agreed design direction, not new features, new site sections, or a different project.

Requests outside scope require a written change order (email or chat confirmation is enough) and may require additional fees and timeline.

7. Timelines; no hard business-outcome promises

Any timeline we give is an estimate, not a guarantee, unless we expressly agree to a hard deadline in writing.

No results guarantees. We do not guarantee leads, rankings, traffic, conversions, sales, revenue, or any business outcome. Chat care and rebuild quality are about the website deliverable and support, not marketing performance.

8. Intellectual property

8.1 Your materials

You keep ownership of content, logos, and materials you provide. You grant us a license to use them solely to perform the Services and to display non-confidential work in our portfolio and marketing unless you opt out in writing before launch.

8.2 Our pre-existing IP and tools

We retain ownership of our pre-existing tools, frameworks, components, templates, know-how, and stock we license from third parties. Third-party themes, plugins, fonts, and stock remain subject to their own licenses.

8.3 Deliverables after payment

Subject to full payment and these Terms, we assign to you the unique custom design and content we create specifically for your site as deliverables (excluding our pre-existing IP, third-party materials, and generic patterns). Until paid in full, we retain all rights in unpaid work product.

9. Third-party services

Hosting, domains, email, analytics, payment processors, chat tools, and similar services are provided by third parties. Their terms apply. We are not responsible for third-party outages, policy changes, price changes, or data practices.

10. Warranties and disclaimers

THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the site will be uninterrupted, error-free, secure against all threats, or compatible with every device or browser forever.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the fullest extent allowed.

12. Indemnification

You will defend and indemnify Fixelton, Bennelli LLC, and our owners, contractors, and agents against claims, damages, and costs (including reasonable attorneys' fees) arising from: (a) your content or materials; (b) your misuse of the site or Services; (c) your violation of law or third-party rights; or (d) business claims about your products, services, or marketing claims.

13. Acceptable use; prohibited requests

You may not use our Services to build or operate sites that promote illegal activity, fraud, IP theft, malware, hate or harassment, or deceptive practices. We may refuse or cancel such work under Section 4.

14. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform under these Terms, except for information that is public, independently developed, or required to be disclosed by law.

15. Portfolio and testimonials

Unless you opt out in writing before launch, we may show your site (screenshots, URL, short description) in our portfolio and marketing. Client quotes may be used if you provide them or approve them.

16. Privacy

Our handling of personal information is described in our Privacy Policy at https://www.fixelton.com/privacy. Project communications (including chat) may be retained as needed to deliver and support the Services.

17. Dispute resolution; governing law

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

Informal resolution first. Before filing a claim, you agree to email [email protected] and try in good faith to resolve the dispute for 30 days.

Venue. Except where prohibited, exclusive venue for disputes is state or federal courts located in Hamilton County, Ohio, and you consent to personal jurisdiction there.

Class action waiver (to the extent permitted by law). You and Fixelton agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

Small claims. Either party may bring an individual action in small claims court for qualifying disputes.

18. Changes to these Terms

We may update these Terms by posting a new version on our site and updating the "Last updated" date. For active paid engagements, material adverse changes will not apply retrospectively to that engagement unless you agree. Continued purchase of new Services after posting means you accept the updated Terms for those new Services.

19. Miscellaneous

• Entire agreement. These Terms plus your order, SOW, and checkout terms are the entire agreement for the Services. If they conflict, the SOW controls for that engagement's scope and price; these Terms control for legal boilerplate unless the SOW expressly overrides a named section.
• Severability. If a provision is unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign without our consent; we may assign to a successor.
• Independent contractors. We are independent contractors, not your employees or partners.
• Force majeure. We are not liable for delays caused by events beyond reasonable control (outages, disasters, war, labor issues, supplier failures, and similar events).

21. Care plans, hosting, Host-only, and cancellation

21.1 Care and hosting

Chat care plans (including Starter, Keep, and Open, or other tiers shown at checkout) include chat-based updates within the plan's edit caps. While your care subscription is active and in good standing, we also host the Fixelton-built site on our infrastructure (or a provider we use), unless your order says otherwise.

The one-time redesign or rebuild fee pays for the project deliverable described in these Terms. It does not include perpetual free hosting, unlimited future updates, or a forever care plan. Cancelling care does not entitle you to a refund of redesign fees already paid for a completed or go-live project.

Unused care edit allowances do not roll over and are not refundable as cash.

21.2 Canceling care

You may cancel care through the billing portal or by emailing [email protected]. Unless the portal or invoice states otherwise, cancellation takes effect at the end of the then-current billing period ("Care End Date"). Chat updates and edit credits stop on the Care End Date.

21.3 Grace Period

After the Care End Date, if you have not started a Host-only plan (defined below) or a new care plan, we will keep your site live for a grace period of thirty (30) days (the "Grace Period"). During the Grace Period the site may remain publicly available, but care updates and chat edit services are not included.

If a renewal payment fails and is not cured, we may treat the effective end of paid care the same way for Grace Period purposes.

21.4 Host-only plan

You may purchase a Host-only plan at the then-current price shown at checkout (including $6.99 per month when that price is offered). Host-only includes hosting and keeping the live URL on our infrastructure only. Host-only does not include chat care, content edits, design changes, or an update allowance.

If you cancel Host-only, we may keep the site live for fourteen (14) days after the Host-only end date, then unpublish or archive as described below, unless you restart Host-only or care.

21.5 Export

During an active care plan, during Host-only, and during the Grace Period, you may request an export of your site files in a reasonable format for the stack we used (for example a static-site file package). We will provide that export within a reasonable time at no archive or export fee under this v1 policy. Export does not include our pre-existing tools, third-party materials beyond what their licenses allow, or credentials to our internal systems.

You keep your own domain registration. If DNS pointed at us, you are responsible for updating DNS when hosting ends.

21.6 After the Grace Period

If, by the end of the Grace Period, you have not renewed care and have not started Host-only, we may:

• Unpublish the site and stop hosting it on our infrastructure
• Keep an internal archive for up to ninety (90) days in case you restart care or Host-only, or need a handoff restore
• Permanently delete project hosting data after that archive window

We are not obligated to keep a free live site after the Grace Period. Restarting care or Host-only during the archive window may restore hosting. After the archive window, restoring a project may require additional fees.

21.7 Notices

We will send cancellation, grace, Host-only, and take-down related notices to the email on your billing or project record. You are responsible for keeping that email current.

22. Acknowledgement

By purchasing or accepting Services, you acknowledge that you have read these Terms, understand that scope is limited roughly to your existing site, that we may decline or cancel work with a refund as described above, that hosting is tied to active care or Host-only (plus any Grace Period) and is not perpetual free hosting from the redesign fee, and that we do not guarantee leads or business results.