The deal, in plain English

Who these terms are for

They apply to two different people. If you are reading this site or asking us for a demo, the sections on the site and on demos apply to you. If you have signed our service agreement, all of it applies.

Where your signed agreement and this page ever differ, your signed agreement governs.

What we do

We build a website for your business at no charge, and you pay a monthly subscription for hosting and ongoing work. The plans are Kiloton at $99 a month, Megaton at $179 a month, Gigaton at $299 a month. Each includes hosting, security, backups and an amount of ongoing work that the plan page describes.

There is a 3-month minimum term, after which the subscription runs month to month until you cancel. You can also pay a term up front: 6 months prepaid for 5 months' price, and 12 months prepaid for 10 months' price.

Demos

Before you decide anything we build you a real site to look at. It costs you nothing and commits you to nothing. A demo lives on a temporary address and is not indexed by search engines.

Demo content is deliberately full, so you see what a finished site would look like rather than a skeleton. Some of it is written by us as a starting point and has not been checked with you yet, and you review and correct it before anything goes live. We do not invent facts that could mislead someone: no made-up statistics, awards, certifications, founding dates or customer reviews, ever. If a demo says something about your business that is wrong, tell us and we fix it.

A demo is not a quote and not a contract. Nothing is charged and no site is published until you sign the agreement and pass the go-live checks.

Signing up and paying

You sign the agreement electronically and enter payment details on Stripe’s checkout. Billing starts then and recurs on the same day each period. Prices are in US dollars and exclude any tax that applies.

If a payment fails we retry it and tell you. If it stays unpaid we may pause the service, which means the site stops being served, after we have given you notice and a chance to put it right.

Cancelling

Cancel any time after the 3-month minimum by telling us. The subscription then runs to the end of the period you have already paid for and does not renew. We do not refund part of a period, prepaid terms included.

If you cancel inside the first 3months, you owe the remainder of the minimum, and we do not hand over the export bundle. That is the only piece of leverage in the whole arrangement, and it exists because the build is free: an early exit with the finished site in hand would mean we paid to build someone else’s website.

What you own

The website we build for you is yours. Your content, your logo, your photos and anything you send us stay yours. When you leave in good standing we hand over the repository holding the site’s code and content, an export of your database as SQL and CSV, a copy of the built site, your Search Console property, and the domain if we hold it.

What stays ours is the platform underneath: the templates, the build system, the automation and the tooling that produce sites for every customer. You get your site, not the factory.

What you are responsible for

You own your domain, or you ask us to buy one for you. You tell us the truth about your business, and you hold the rights to anything you send us to publish. You keep your account details to yourself. You do not ask us to publish anything unlawful, misleading, or that infringes someone else’s rights.

We may decline or remove content we believe breaks that rule or puts our infrastructure at risk. If we do, we tell you why.

Our honesty rule

We will not publish anything on your site that is not true. That includes invented reviews, testimonials, statistics, certifications and awards. If you ask us to, we say no.

This is in your signed agreement too, and it is not negotiable. A fabricated review is illegal, and a fabricated credential ends up being your problem and not only ours.

What we do not promise

We do not guarantee search rankings, traffic, enquiries or sales, and nobody honestly can: Google decides what ranks, and changes how it decides. What we commit to is the work. The site gets built, hosted, kept up and improved on the schedule your plan describes, and you can see what we did.

We aim for your site to be available all the time and it is served on Cloudflare’s network, but we do not offer a formal uptime guarantee, and things outside our control do happen.

Your Google Business Profile and other accounts

Atomic Finch is a third party acting on behalf of the businesses it works for. Where your plan includes profile and listings work, you add our agency account as a manager on your Google Business Profile, and you can remove us from your own profile at any time.

We act only within what you have asked for. We do not take ownership of your profile or your listings, and anything we post as you follows the honesty rule above. The same goes for any other account you connect to us. Our privacy page says what we do with the data those connections give us.

Third parties

We run the service on other companies’ infrastructure, listed on our privacy page. Their outages, price changes and policy changes are outside our control. We choose them carefully, and we tell you when one of them affects your service.

Changes to the service and to these terms

We improve the platform continuously and your site gets those improvements. We will not withdraw a feature your plan describes without telling you first.

If we change these terms we post the new version with a new date, and for changes that affect customers we email you before they take effect. A price change never applies inside a period you have already paid for.

Liability

We are a small company building affordable websites. Our total liability to you for any claim is limited to what you paid us in the twelve months before the claim. We are not liable for lost profits, lost business or other indirect losses.

Nothing here limits liability that cannot be limited by law, including for fraud. Otherwise the service is provided as described in your agreement and on this page, without other warranties.

Disputes and governing law

These terms are governed by the law of the State of Colorado, without regard to its conflict of law rules, and any dispute goes to the state or federal courts in Colorado.

Before anyone files anything, email us. Nearly everything is solvable by talking, and we would rather fix the problem than win the argument.

The rest

If part of these terms turns out to be unenforceable, the rest still stands. If we do not enforce something straight away, we have not given up the right to. You may not transfer your agreement to someone else without asking us, though it moves with your business if the business is sold. Your signed service agreement, these terms and our privacy page are the whole arrangement between us.

How to reach us

Atomic Finch LLC, a Colorado limited liability company. hello@atomicfinch.com or (720) 457-4650.