Terms of Service
This template is provided for general informational purposes and should be reviewed by a qualified attorney before the website launches.
Effective: July 24, 2026
Acceptance of terms
By purchasing or using the service, you agree to these terms.
Description of services
Name & Market provides personal websites for real estate agents, including strategy, design, development, hosting, and ongoing management.
Setup fee
The $995 setup fee is due at purchase and is nonrefundable once work has begun, subject to applicable law.
Monthly management fee
The $195 monthly fee begins on the purchase date and is billed automatically until canceled per this agreement.
Payment failures
If a payment fails, work may pause. It is your responsibility to maintain a valid payment method.
Client responsibilities
You provide accurate professional details, brokerage information, disclosures, approvals, and required materials. You verify all claims and hold necessary permissions.
Brokerage and regulatory compliance
You are responsible for compliance with your brokerage, MLS, state licensing authority, local regulations, and professional associations.
Scope of work
The service scope is described on the What's Included page. Out-of-scope work may require a separate quote.
Revisions and routine updates
One structured revision round is included prior to launch. Routine post-launch updates are included within reasonable monthly limits.
Third-party services
The website may rely on third-party services (hosting, analytics, payment processing, IDX/MLS). Their terms and availability apply.
Domain ownership
You register and retain ownership of your domain at all times. The domain is yours regardless of the status of the management plan.
Website ownership
You own your website — the content, brand assets, and the site itself. An active management plan is not required to keep the website online.
Intellectual property
You retain ownership of content and assets you provide. Ownership and license terms for custom copy, design elements, templates, software, and integrations will be defined in your client agreement.
Portfolio rights
We may display the completed website in our portfolio unless you request otherwise in writing.
Cancellation and hand-off
Either party may cancel the monthly management plan with written notice. Cancellation of the monthly plan means Name & Market will no longer manage, host, update, or provide support for the website — it does not shut the website down. Once notice is received, we initiate a formal hand-off so you can continue running the site on your own or with another provider.
Hand-off process
The hand-off includes transferring the website codebase and content, transitioning hosting to an account you control, moving analytics and any integrations under your ownership, and confirming your domain configuration. Certain proprietary systems or third-party software may not transfer and will be identified during hand-off. Specific export formats, transfer procedures, applicable fees, and third-party limitations will be described in your hand-off documentation.
Refund policy
Setup fees are nonrefundable once work has begun, subject to applicable law. Monthly fees are billed in advance and are not prorated on cancellation of the monthly plan.
No guarantees
We do not guarantee specific search rankings, lead volume, or revenue.
Warranties disclaimer
The service is provided on an "as is" and "as available" basis, without warranties of any kind.
Limitation of liability
To the maximum extent permitted by law, our aggregate liability is limited to the fees paid to us in the twelve months preceding the claim.
Indemnification
You agree to indemnify us against claims arising from your content, brokerage compliance, or use of the service.
Force majeure
Neither party is liable for delays or failures due to events beyond reasonable control.
Governing law
Governing law and jurisdiction will be specified in your client agreement.
Dispute resolution
Dispute resolution procedures will be specified in your client agreement.
Changes to terms
We may update these terms. Continued use of the service constitutes acceptance of updates.
Contact
Questions about these terms can be sent through our contact page.