Terms of Service

HOLE DIGITAL WEBSITE SUBSCRIPTION TERMS & CONDITIONS


Last Updated: August 18, 2026


These Website Subscription Terms & Conditions ("Terms") govern the website design, hosting, maintenance, management, and related services ("Services") provided by Hole Digital ("Hole Digital," "we," "us," or "our") to the customer ("Client," "you," or "your").


By purchasing, subscribing to, accessing, or using the Services, Client acknowledges that Client has read, understood, and agrees to be bound by these Terms.


1. Website Subscription Service

Hole Digital provides websites as an ongoing managed subscription service.

Unless a separate written agreement expressly states otherwise, the fees paid to Hole Digital are for the design, setup, hosting, maintenance, licensing, and continued availability of the website during an active subscription.

The website is not being sold to Client through installment payments, and Client does not acquire ownership of the website by making monthly or annual subscription payments.

Client receives a limited, non-exclusive, non-transferable right to use the website for Client's business while the applicable Hole Digital subscription remains active and paid.


2. Setup Fee

Unless otherwise stated in writing, Client will pay an** upfront setup fee** when ordering a website.

The setup fee compensates Hole Digital for services that may include onboarding, design, development, configuration, content implementation, account setup, launch preparation, and related work.

The setup fee is non-refundable once paid.

Payment of the setup fee does not constitute the purchase of the website or transfer ownership of the website, design, platform account, source files, templates, code, or other Hole Digital intellectual property to Client.


3. Monthly Subscription

Unless Client selects another plan, the website subscription is $99 per month.

Monthly subscriptions automatically renew each month and Client authorizes Hole Digital or its payment processor to charge the payment method on file until the subscription is canceled.

Client may cancel future renewal at any time in accordance with Section 6.

Cancellation does not create a right to a refund for amounts already charged.


4. Annual and Prepaid Plans

Hole Digital may offer annual or other prepaid subscription plans at a discounted rate.

The discounted prepaid price is offered in consideration for Client's commitment to the entire prepaid subscription period.

Accordingly, all annual and other prepaid subscription payments are final and non-refundable.

If Client cancels before the end of a prepaid subscription period:

  • no prorated refund will be issued;
  • no unused portion of the subscription will be refunded or credited; and
  • unless otherwise agreed in writing, Client may continue using the Services through the end of the period already paid for.

Cancellation prevents the subscription from renewing for another term; it does not retroactively shorten the subscription period purchased by Client.


5. No Refunds

ALL SALES ARE FINAL AND ALL FEES PAID TO HOLE DIGITAL ARE NON-REFUNDABLE, EXCEPT WHERE A REFUND IS EXPRESSLY REQUIRED BY APPLICABLE LAW.

This includes, without limitation:

  • setup fees;
  • website design and development fees;
  • monthly subscription fees already charged;
  • annual or prepaid subscription fees;
  • hosting fees;
  • maintenance fees;
  • domain registration or renewal expenses;
  • third-party expenses; and
  • additional services purchased from Hole Digital.

Client's decision to discontinue use of a website before the expiration of a paid subscription period does not entitle Client to a full or prorated refund.


6. Cancellation

Client may cancel the website subscription by providing Hole Digital with a cancellation request through a cancellation method designated by Hole Digital.

For monthly subscriptions, cancellation prevents future monthly renewals after the applicable current paid subscription period.

For annual or other prepaid subscriptions, cancellation prevents renewal following the expiration of the prepaid term. No refund or credit is provided for unused time.

Once the applicable subscription period ends, Hole Digital's obligation to host, maintain, support, or make the website available ends.

Cancellation of the Service does not result in a transfer or sale of the Hole Digital website to Client.


7. What Happens to the Website After Cancellation

The website provided through Hole Digital exists as part of Hole Digital's managed subscription service.

Upon expiration, cancellation, or termination of the subscription:

  1. Client's right to use the Hole Digital website ends;
  2. Hole Digital may unpublish, disable, archive, or delete the website;
  3. Hole Digital is not required to transfer the website to Client or another website provider;
  4. Hole Digital is not required to provide editable website files, source files, platform credentials, templates, code, configurations, databases, design files, or copies of the hosted website; and
  5. Client is responsible for establishing any replacement website or hosting service it wishes to use following cancellation.

In simple terms: when the website subscription ends, the Hole Digital website stays with Hole Digital. Client may move its business to another website provider, but the Hole Digital website itself does not move with Client.

Client remains the owner of Client Content as described below.


8. Client Content

Client retains ownership of materials Client owned independently of Hole Digital and supplied for use on the website ("Client Content"), including Client's:

  • business name and trademarks;
  • logos;
  • photographs supplied by Client;
  • videos supplied by Client;
  • written content supplied by Client; and
  • other materials owned by Client before being provided to Hole Digital.

Client grants Hole Digital permission to use, modify, format, reproduce, and display Client Content as reasonably necessary to provide the Services.

Nothing in these Terms transfers ownership of Client's underlying trademarks, logos, photographs, or other Client-owned intellectual property to Hole Digital.

Upon request following cancellation, Hole Digital may reasonably assist Client in identifying Client Content originally supplied by Client. Such assistance does not include transferring the Hole Digital website itself.


9. Website Design and Hole Digital Intellectual Property

Except for Client Content and third-party materials, Hole Digital retains all rights it possesses in its proprietary materials used to create and provide the Services, including, as applicable:

  • website designs and design systems;
  • layouts and page structures;
  • templates;
  • reusable sections and components;
  • styling systems;
  • custom graphics created by Hole Digital;
  • code and scripts;
  • configurations;
  • processes and workflows;
  • development methods;
  • source and working files; and
  • other proprietary materials or intellectual property developed or supplied by Hole Digital.

Client's subscription provides a limited license to use the completed website while Client maintains an active subscription. It does not constitute an assignment or sale of Hole Digital's intellectual property.


10. No Copying, Cloning, or Reproduction

Client may not, without Hole Digital's prior written permission:

  • copy or clone the Hole Digital website;
  • export the website for the purpose of recreating it elsewhere;
  • reproduce Hole Digital's proprietary templates, components, code, or design systems;
  • provide Hole Digital's proprietary materials to another developer or agency for reproduction;
  • attempt to obtain or reproduce underlying source code or proprietary configurations; or
  • authorize another party to substantially reproduce protected proprietary elements of the website in violation of Hole Digital's intellectual property rights.

Nothing in this Section prevents Client from using Client's own name, logo, photographs, written content, trademarks, or other Client Content on a replacement website.

Hole Digital reserves all rights and remedies available under contract, copyright, trademark, trade-secret, and other applicable law with respect to unauthorized use of its protected intellectual property.


11. Domains

If Client already owns its domain name, Client retains ownership of that domain.

If Hole Digital purchases or registers a domain specifically on Client's behalf, Client may request transfer of that domain following cancellation, subject to:

  • payment of all outstanding amounts owed to Hole Digital;
  • applicable registrar rules and transfer restrictions;
  • completion of any required identity or ownership verification;
  • applicable waiting periods imposed by the registrar or ICANN; and
  • payment of any applicable third-party transfer or renewal fees.

Transfer of a domain does not include transfer of the Hole Digital website.

The domain and website are separate assets. After a domain is transferred, Client or Client's new provider is responsible for connecting it to a replacement website.


12. Hosting, Security, and Availability

Hole Digital will use commercially reasonable measures to provide a secure, properly maintained website and hosting environment while Client's subscription remains active.

However, no website, server, hosting platform, network, or Internet service can be guaranteed to operate without interruption or security risk.

Hole Digital does not guarantee 100% uptime or uninterrupted availability.

To the maximum extent permitted by law, temporary downtime, maintenance, third-party platform outages, Internet failures, attacks, events outside Hole Digital's reasonable control, or other service interruptions do not entitle Client to a refund or credit.


13. DNS, Domain, and Third-Party Issues

Client is responsible for third-party systems and services outside Hole Digital's reasonable control, including domain registrars, DNS providers, email providers, third-party applications, Internet service providers, and accounts controlled by Client or another provider.

Hole Digital is not responsible for website downtime, email interruption, SSL issues, domain resolution failures, or other service problems caused by:

  • incorrect DNS settings;
  • DNS changes made by Client or a third party;
  • expired domains;
  • registrar problems;
  • nameserver changes;
  • Client-controlled accounts;
  • third-party service outages;
  • failure by Client to provide required access or information; or
  • other systems outside Hole Digital's reasonable control.

Downtime resulting from these circumstances does not entitle Client to a refund, prorated refund, service credit, or other compensation.

Hole Digital may assist Client in diagnosing or correcting such issues but is not responsible for failures originating outside systems controlled by Hole Digital.


14. Client Responsibilities

Client is responsible for providing accurate information, content, approvals, credentials, and other materials reasonably necessary for Hole Digital to provide the Services.

Client represents that it has the legal right to use all content it supplies to Hole Digital.

Client is responsible for the legality and accuracy of its business claims, products, services, policies, advertising, and Client Content.

Unless separately agreed in writing, Hole Digital does not provide legal, tax, regulatory, or compliance advice through the website service.


15. Third-Party Services

The website may rely on third-party products or services, including hosting infrastructure, website platforms, plugins, applications, payment processors, analytics providers, domain registrars, APIs, fonts, integrations, and other technology.

Hole Digital does not control these third parties and is not responsible for interruptions, modifications, discontinuation, security incidents, price changes, or other failures attributable to a third-party provider.

Client's use of certain third-party services may also be subject to the third party's own terms and policies.


16. Failed Payments

Client must maintain a valid payment method for recurring Services.

If a payment fails, is declined, disputed, reversed, or remains unpaid, Hole Digital may suspend or terminate the website and Services until the account is brought current.

Client remains responsible for amounts properly incurred before cancellation or termination.


17. Chargebacks

Client agrees to contact Hole Digital regarding billing disputes before initiating a chargeback where reasonably practicable.

A chargeback does not automatically cancel Client's subscription or eliminate amounts legitimately owed under these Terms.

Hole Digital reserves the right to suspend Services while a payment dispute or chargeback is pending.


18. Suspension or Termination by Hole Digital

Hole Digital may suspend or terminate Services for non-payment, misuse, illegal activity, infringement of third-party rights, security threats, material violation of these Terms, or other conduct that materially threatens Hole Digital's systems, providers, reputation, or customers.

Termination does not create a right to a refund except where required by applicable law.


19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOLE DIGITAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR LOSS OF GOODWILL ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLE DIGITAL'S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY CLIENT TO HOLE DIGITAL FOR THE APPLICABLE WEBSITE SUBSCRIPTION DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not permit certain exclusions or limitations of liability, in which case those limitations apply only to the maximum extent permitted by applicable law.


20. Changes to Services or Terms

Hole Digital may update its Services, features, pricing, policies, or these Terms from time to time.

For existing subscriptions, material changes will take effect following any notice required by applicable law.

Continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by law.


21. Entire Agreement

These Terms, together with the applicable order, proposal, checkout terms, or other written agreement between Hole Digital and Client, constitute the agreement governing the Services.

If a separately signed written agreement expressly conflicts with these Terms, the signed agreement controls with respect to that conflict.


22. Governing Law

These Terms will be governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Any dispute arising from these Terms or the Services will be brought in the appropriate state or federal courts located in [Maricopa County, AZ], and each party consents to jurisdiction and venue in those courts, except where applicable law requires otherwise.


23. Acceptance

By submitting payment, checking an acceptance box, electronically signing an order, or using the Services, Client acknowledges that Client has read and agrees to these Terms.


CLIENT SPECIFICALLY ACKNOWLEDGES THAT:


(A) THE $500 SETUP FEE IS NON-REFUNDABLE;

(B) SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE EXCEPT WHERE REQUIRED BY LAW;

(C) PREPAID AND ANNUAL SUBSCRIPTIONS ARE NOT ELIGIBLE FOR PRORATED REFUNDS;

(D) CANCELLATION ENDS CLIENT'S RIGHT TO USE THE WEBSITE AFTER THE APPLICABLE PAID SUBSCRIPTION PERIOD;

(E) THE WEBSITE ITSELF IS NOT TRANSFERRED TO CLIENT UPON CANCELLATION; AND

(F) A DOMAIN REGISTERED FOR CLIENT MAY BE TRANSFERRED, BUT TRANSFER OF THE DOMAIN DOES NOT INCLUDE TRANSFER OF THE WEBSITE.