Terms & Conditions

These Terms and Conditions ("Terms") govern the $399 Website Deal ("the Deal") offered by Tonjum Technologies ("Tonjum Technologies," "we," "us," or "our") to individuals and businesses ("Client," "you," or "your"). By requesting the Deal, submitting the downpayment, or otherwise engaging Tonjum Technologies for this service, you agree to be bound by these Terms.

1. Overview

The $399 Website Deal provides Client with a front-facing, static website built start to finish for a flat rate of $399, subject to the terms outlined below.

1.1 Page Limit. This Deal includes up to fifteen (15) separate pages and/or locations (e.g., Home, About, Services, Contact, individual location pages, etc.). If Client's project requires more than 15 pages, additional pages will be billed starting at $10 per page, disclosed and agreed upon during the initial consultation, before any payment is collected, and included as part of the $199 downpayment. Client will not be charged for additional pages beyond what was disclosed and agreed upon upfront.

1.2 Static Site / No Backend Disclaimer. This Deal is designed exclusively for static websites, or websites that do not require frequent updates, live data feeds, or ongoing database management. This Deal does not include any backend, server-side processing, or functional contact forms (e.g., forms that submit, store, or email data). Projects requiring live data, dynamic user systems, databases, or other non-static/backend functionality are not eligible under this Deal and will be quoted separately.

Shopify Exception: Shopify integration is permitted under this Deal, as it can be implemented via frontend-only measures (e.g., JavaScript) without requiring custom backend development. This is currently the only approved exception to the static-site limitation. Other frontend-only alternatives may be considered on a case-by-case basis if identified and proposed by the Client, at Tonjum Technologies' sole discretion.

2. Consultation, Planning, and Scope of Work

Upon request, Tonjum Technologies will schedule a consultation at a time mutually convenient to both parties to discuss the full scope of the project, including design preferences, style, structure, and other relevant details.

2.1 Written Scope of Work. Before the downpayment described in Section 3.1 is collected, Tonjum Technologies will provide Client with a written Scope of Work summarizing the outcomes of the consultation, including the agreed page/location count, key features, design direction, and the standard that will be used to determine "completion" under Section 4.6. Both parties must agree to the Scope of Work before work begins. The Scope of Work becomes the reference document for resolving any disagreement about what was promised or what constitutes a complete site.

3. Payment Structure

3.1 Downpayment. A non-refundable downpayment of $199 is due prior to the commencement of any work. This downpayment covers the cost of the initial consultation, foundational setup of the website, and other pre-development expenses.

3.2 Final Payment. The remaining balance of $200 is due upon completion of the website, as defined in Section 4.6, and prior to release of the source code and/or built version to the Client.

3.3 Non-Refundable Downpayment. The downpayment - including the base $199 and any additional amount agreed upon for pages beyond the 15-page limit (see Section 1.1) - is non-refundable under any circumstances except as expressly provided in Section 4.5 (Force Majeure), including but not limited to Client's decision to discontinue the project after work has begun.

3.4 Withholding of Source Code. The source code is withheld until final payment is received in full. No lien or right to the code exists prior to payment.

3.5 Non-Payment. If Client fails to submit the final $200 payment, the completed site and source code will be retained by Tonjum Technologies for up to sixty (60) days following completion. Tonjum Technologies will make reasonable efforts to notify Client, using the contact information on file, no fewer than seven (7) days before any files are deleted. If final payment is not received within the 60-day period, the project will be considered abandoned by the Client, and Tonjum Technologies reserves the right to delete all associated files and close out the project. The non-refundable downpayment will not be returned in this scenario.

4. Development Timeline

4.1 The development period will generally range from 2 to 10 business days, depending on the complexity of the project and Tonjum Technologies' existing workload and other client commitments.

4.2 Tonjum Technologies will maintain regular communication with the Client throughout the development period to ensure the project remains aligned with Client's expectations.

4.3 Timelines provided are estimates and not guarantees. Tonjum Technologies will make commercially reasonable efforts to meet estimated timelines but is not liable for delays caused by factors outside its reasonable control, including delayed Client feedback or content submission.

4.4 Communication Expectations. During the development period, Tonjum Technologies expects Client to respond to any outreach regarding the site (questions, approvals, content requests, etc.) within two (2) business days. Delays in Client response beyond this window may extend the estimated development timeline accordingly, and Tonjum Technologies is not liable for such extensions.

4.5 Force Majeure. Events outside Tonjum Technologies' reasonable prevention or control - including but not limited to power outages, internet outages, or other disruptions affecting Tonjum Technologies' workspace - may delay the project by a period of time dependent on the nature and duration of the event. Tonjum Technologies will make every reasonable effort to resume and complete development as soon as possible following such an event. Tonjum Technologies shall not be held liable for delays caused by such events, including in the rare case where they push the project beyond the standard 10-business-day development window referenced in Section 4.1.

If a force majeure delay causes the project to extend more than thirty (30) days beyond the estimated timeline, Client will receive a full refund of all amounts paid to date, including the downpayment, and the project will be considered terminated.

4.6 Completion Standard. The standard for what constitutes a "complete" website is the standard documented in the written Scope of Work established under Section 2.1. If the 10-business-day mark referenced in Section 4.1 is reached and the parties have not mutually agreed that the site is complete, Tonjum Technologies will determine - based on the Scope of Work - whether the site meets that standard:

• If Tonjum Technologies determines the site meets the agreed-upon standard, any further work requested by Client to address remaining disagreement will be billed at a reduced rate of $15/hour, billed in 15-minute increments.
• If Tonjum Technologies determines the site does not yet meet the agreed-upon standard, development will continue past the 10-business-day window at no additional cost to the Client.

Once Tonjum Technologies determines the site is complete under this standard, the final $200 payment becomes due per Section 3.2.

5. Delivery of Final Product

5.1 Upon receipt of the final $200 payment, Tonjum Technologies will deliver the complete source code and, if applicable, a built version of the website to the Client.

5.2 Client is solely responsible for procuring their own domain name and hosting services unless the Client opts into Tonjum Technologies' optional hosting deal (see Section 6).

5.3 The delivered website will be tested in an Ubuntu Server environment using both Nginx and Apache web servers. Tonjum Technologies makes no guarantee regarding the compatibility of the delivered site with third-party hosting providers, server environments, or domain registrars not tested during development.

6. Optional Add-On Services

6.1 Web Hosting - $30/month

• Tonjum Technologies will host the website on its own servers and manage domain (URL) and DNS-related settings on Client's behalf.
• This fee does not include the annual cost of the domain name itself, which is billed separately by the domain registrar/provider.
• This hosting rate applies only to static websites deployed under the $399 Deal. Websites involving live data, dynamic user systems, databases, or other non-static functionality (excluding approved Shopify integrations - see Section 1.2) will require a separate, custom quote.
• Site Changes: Any requested changes to a hosted site will be billed at $50/hour, billed in 15-minute increments (see Section 7.2). Alternatively, Client (or a third party of Client's choosing) may access the source code and HTML files on the server at no cost to make edits independently.
• Backups: While actively subscribed to the $30/month hosting plan, daily backups of the site will be performed and retained for up to one (1) year. Backups are stored redundantly in two separate physical locations.
• Hosting is billed monthly and may be canceled by the Client at any time. Upon cancellation, hosting services will cease, and Client is responsible for migrating their site to a new host. Client's site and a copy of the source code will be retained by Tonjum Technologies for up to one (1) year following cancellation, after which they will be permanently deleted.
• Failed Payment / Suspension: If a monthly hosting payment fails, Client will have a one (1) month grace period to resolve payment before the site is temporarily deactivated. Hosting will resume normally once payment is brought current.
• Abandonment / Termination: If payment has not resumed within ninety (90) days of the failed payment, the hosting arrangement will be considered abandoned. At that point, the site will be deactivated, future billing will stop, and no further charges will be applied. Tonjum Technologies will make reasonable efforts to notify Client, using the contact information on file, no fewer than seven (7) days before permanent deletion. The source code and a backup of the site will be retained by Tonjum Technologies for three hundred sixty-five (365) days from the date of deactivation, after which they will be permanently deleted.
• Domain Ownership: Regardless of hosting status, the domain name itself remains registered in the Client's name/account at all times. Tonjum Technologies' role is limited to managing DNS settings on Client's behalf while hosting is active; Tonjum Technologies does not take ownership of, or control over, the underlying domain registration.
• Price Adjustments: Tonjum Technologies reserves the right to adjust the $30/month hosting rate with ninety (90) days' written notice to the Client. Any such adjustment will be limited to the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. city average, as published by the U.S. Bureau of Labor Statistics, up to a maximum of five percent (5%) per twelve-month period, reflecting general cost-of-living or operating cost increases (e.g., electricity, server, or infrastructure costs). Client may decline the adjusted rate by providing written notice within thirty (30) days of receiving notice, in which case hosting will terminate without penalty at the end of the current billing cycle, and Section 6.1's post-cancellation retention terms will apply.
• Scope of Baseline Rate: The $30/month baseline rate (subject to the adjustments described above) is honored for as long as the site remains within the specifications of the original $399 Deal. If Client requests an upgrade that requires backend functionality, live data, or other features outside the scope of a static site, the hosting arrangement will be re-quoted accordingly, as it no longer fits the original Deal's specifications.

7. Website Requirements and Limitations

7.1 Free Minor Changes. Client may request minor changes to the website at no charge, provided the request is made within five (5) business days of the final delivery of the source code/site.

7.2 Billable Changes. Any change requested after the 5-business-day window, or any change Tonjum Technologies deems to be "major" in scope, will be billed at $50/hour, billed in 15-minute increments. Tonjum Technologies retains sole discretion in determining whether a requested change qualifies as "minor" or "major." For any classification not explicitly listed in Appendix A, Client may request a brief written explanation of how the classification was determined. See Appendix A for illustrative examples.

8. Ownership and Intellectual Property

8.1 Upon full payment, Client owns the final delivered source code and website files.

8.2 Tonjum Technologies retains the right to showcase the completed website in its portfolio, marketing materials, or case studies unless Client requests otherwise in writing.

8.3 Any third-party assets used in the build (stock images, fonts, plugins, licensed themes, etc.) remain subject to their original licensing terms. As between the parties, Tonjum Technologies is responsible for properly licensing any third-party assets that Tonjum Technologies itself selects or sources for the project; Client is responsible for maintaining compliance with the licensing terms of any such assets after delivery, and for any assets Client itself provides (see Section 9).

9. Client-Provided Content and Indemnification

9.1 Client is solely responsible for the accuracy, legality, and rights ownership of all content provided to Tonjum Technologies for use on the website, including but not limited to text, images, logos, videos, trademarks, and custom font files.

9.2 Client represents and warrants that it owns, or has obtained all necessary licenses and permissions for, any content it provides to Tonjum Technologies, and that use of such content on the website will not infringe upon the intellectual property rights or other legal rights of any third party.

9.3 Client agrees to indemnify, defend, and hold harmless Tonjum Technologies from and against any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to Client-provided content, including claims of copyright infringement, trademark infringement, defamation, or violation of any third party's rights.

9.4 Tonjum Technologies is not obligated to verify the legality or ownership of Client-provided content and may rely on Client's representations in Section 9.2 in good faith.

10. Limitation of Liability

Tonjum Technologies will make reasonable efforts to ensure the website functions as intended at the time of delivery. Tonjum Technologies is not responsible for issues arising after delivery due to third-party hosting providers, domain misconfiguration, Client-made edits, or circumstances outside Tonjum Technologies' control. Tonjum Technologies' total liability under this Deal shall not exceed the total amount paid by the Client to Tonjum Technologies.

11. Cancellation

Client may cancel the project at any time prior to completion. In the event of cancellation, the downpayment - including the base $199 and any additional amount agreed upon for pages beyond the 15-page limit (see Sections 1.1 and 3.3) - is non-refundable, except as provided in Section 4.5 (Force Majeure). Any additional work completed beyond the downpayment amount up to the point of cancellation may be billed at $50/hour.

In the rare event that Tonjum Technologies elects to cancel a project, a refund of the downpayment will be considered on a case-by-case basis but is not guaranteed.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the jurisdiction of the courts located in Minnesota.

13. Changes to These Terms

Tonjum Technologies reserves the right to update or modify these Terms at any time. Any such changes will apply only to new projects entered into after the effective date of the updated Terms and will not retroactively alter the terms of any project for which a downpayment has already been submitted. Client's project will remain governed by the version of these Terms in effect at the time the downpayment was made.

14. Definitions

Business Day. Any day other than a Saturday, Sunday, or a nationally recognized U.S. federal holiday. References to "business days" throughout these Terms (including Sections 4.1, 4.4, and 7.1) are calculated on this basis.

15. Contact

For questions regarding these Terms, please contact Tonjum Technologies at 507-838-0367 or nick@tonjum.net