1. Agreement to Terms
By purchasing any service from Toohey Services, you confirm that you have read, understood, and agreed to these Terms and Conditions. These terms apply to all services, projects, and transactions regardless of payment method.
2. Scope of Work
All services are based on the selected package or agreed project scope. Any work requested outside of the agreed scope may require additional payment.
3. Payment & Authorization
Payment secures your project and authorizes Toohey Services to begin work immediately. Time, labor, and resources are allocated upon receipt of payment.
4. Payment Methods & Agreement
These terms apply to all payment methods, including but not limited to Stripe, Zelle, cash, check, or other forms of payment.
For payments made outside of Stripe, agreement to these terms may be established through written communication, verbal confirmation, or by submitting payment after being provided access to these terms.
5. Content Responsibility
All text, images, branding, claims, and materials provided by the client remain the sole responsibility of the client. Toohey Services does not verify the accuracy of any content provided and is not liable for false, misleading, or inaccurate claims, including project history, brand associations, or testimonials.
6. Third-Party Brands & Trademarks
The client is responsible for ensuring they have the legal right to display any third-party brand names, logos, or materials. Toohey Services is not responsible for unauthorized use of trademarks, copyrighted material, or brand representations provided by the client.
7. Refund Policy
Due to the custom nature of services provided, all sales are considered final once work begins.
Refund requests made before work has started may be considered at the sole discretion of Toohey Services.
Once work has started, refunds may be denied if the value of time, labor, or completed work meets or exceeds the amount paid.
- Partial refunds may be issued where appropriate
- Service credit may be offered instead of refunds
- Toohey Services determines the value of work completed
8. Service Credit
In certain cases, Toohey Services may issue project credit instead of a monetary refund. Credits can be applied toward future services.
9. Chargebacks & Payment Disputes
You agree not to initiate a chargeback or payment dispute without first attempting to resolve the issue through direct communication.
Filing a chargeback after work has started or been completed is considered a breach of these Terms and Conditions.
Toohey Services reserves the right to submit all relevant evidence and pursue recovery of funds for services rendered.
Services may be suspended or terminated for clients who initiate disputes or chargebacks.
10. Right to Refuse or Modify Content
Toohey Services reserves the right to refuse, remove, or request modification of any content that appears misleading, unlawful, or potentially harmful to the reputation of Toohey Services.
11. Client Responsibility
Clients are responsible for providing accurate information, timely communication, and legally compliant project requests.
The client is solely responsible for ensuring that their business, products, services, advertising, promotions, and website comply with all applicable federal, state, and local laws, regulations, licensing requirements, and industry standards. Toohey Services does not provide legal advice or independently verify regulatory compliance.
For Google Business Profile or related services, the client is responsible for completing any identity, ownership, video, postcard, phone, or other verification required by Google. Toohey Services may assist with configuration but cannot complete verification requirements that must be performed by the business owner.
Delays or limitations caused by missing information, lack of communication, or unverified accounts are not grounds for refunds.
Restricted or Regulated Industries
Toohey Services reserves the right to decline projects involving highly regulated industries or content that may create significant legal, privacy, licensing, or regulatory obligations. This includes, but is not limited to, medical and healthcare practices, patient services, protected health information, and websites involving the collection or transmission of medical information.
Toohey Services may decline or terminate a project if its nature or regulatory requirements were not disclosed before work began.
12. Project Delays
Toohey Services is not responsible for delays caused by client inaction, missing materials, third-party services, or external factors beyond control.
13. Project Suspension or Termination
Toohey Services reserves the right to pause or terminate a project due to non-payment, lack of communication, questionable content, or violations of these terms. Refunds, if applicable, may be partial based on work completed.
14. Work Product & Ownership
Completed work is considered delivered once it has been provided via email, hosting, or agreed method.
Upon full payment, the client owns the final delivered website and design assets.
Toohey Services retains the right to display completed work for portfolio and promotional purposes unless otherwise agreed.
15. Portfolio & Promotional Use
Toohey Services may display completed client work, including websites, designs, screenshots, business names, logos, and publicly available project details, in the Toohey Services portfolio, website, social media, advertising, or other promotional materials unless otherwise agreed in writing.
16. Revisions & Scope Limits
Revisions and deliverables are limited to the purchased package or agreed written project scope. Requests beyond that scope may require additional payment.
17. Client Inactivity
If a client becomes unresponsive for 14 days or more, the project may be considered inactive and may be paused or closed without refund.
18. Project Acceptance
If no revision requests or concerns are submitted within 7 days of delivery, the project will be considered accepted and completed.
19. Third-Party Platforms & Services
Toohey Services may work with third-party platforms and services such as Google, Squarespace, Shopify, domain registrars, hosting providers, analytics tools, and other online services. Toohey Services does not control these providers and is not responsible for outages, service changes, account restrictions, suspensions, verification decisions, indexing decisions, lost rankings, or other actions taken by a third party.
20. No Guarantee of Results
SEO, website, analytics, Google, and online visibility services are intended to improve configuration, usability, search readiness, or access to useful data. Toohey Services does not guarantee specific search rankings, traffic levels, leads, sales, indexing, Google visibility, or other business results.
21. Account Access & Security
When possible, clients should provide temporary manager, contributor, collaborator, or similar authorized access instead of sharing account passwords. The client remains responsible for account ownership, passwords, recovery methods, billing information, subscriptions, and maintaining access to their accounts. Toohey Services may remove or relinquish its access after the agreed work is completed.
22. Third-Party Costs
Unless specifically included in the purchased service or written project scope, Toohey Services fees do not include domain registration or renewal, hosting, Squarespace or Shopify subscriptions, paid applications, plugins, advertising costs, premium services, or other third-party charges.
23. Maintenance, Backups & Post-Project Work
Unless specifically purchased or agreed in writing, completed projects do not include ongoing website maintenance, backups, platform or software updates, content changes, account monitoring, future repairs, or continued management after project completion.
24. Limitation of Liability
Toohey Services shall not be held liable for any damages, legal claims, or disputes arising from content provided by the client, including inaccuracies, misrepresentation, or intellectual property violations.
Toohey Services is not responsible for determining whether a client's business activities, products, or services are lawful or properly licensed.
25. Indemnification
The client agrees to indemnify and hold harmless Toohey Services from any claims, damages, or legal actions resulting from content, materials, or instructions provided by the client.
26. Updates to Terms
Toohey Services reserves the right to update or modify these Terms at any time. Updated terms apply to new purchases and future work.
Continued use of services after updates constitutes acceptance of the revised Terms.