Terms of Service

Terms of Service

HookWeb Design – Smart Growth System™

Last Updated: September 10, 2026

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1. Agreement to Terms

By purchasing, accessing, or using products from HookWeb Design ("Company," "we," "our," or "us"), including the HookWeb Design - Smart Growth System™, you agree to these Terms of Service ("Terms"). If you do not agree to these Terms, you should not use our services.

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2. Definitions

"Client" means the individual or entity purchasing or using the services. "You" and "Your" refer to the Client. "Services" means the products and services provided by HookWeb Design, including the HookWeb Design - Smart Growth System™. "Implementation & Launch Fee" means the one-time fee described in Section 4. "Subscription fees" means recurring fees billed monthly, annually, or under an Offer agreement. "Performance-Based Fees" means any plan-based fees that are calculated based on outcomes or usage, for example, per job or percentage of job value (if included in your plan).

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3. Services Provided

HookWeb Design provides automated lead capture, response, and conversion systems, including but not limited to:

- Mixed-call text back systems

- Automated responses and call handling systems

- Website lead conversion systems

- Call forward and phone networks

- CRM and communication integrations

Services may include Implementation & Launch fees and ongoing subscription access, as applicable to the selected plan.

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4. Implementation & Launch Fee

A one-time $6,500 Implementation & Launch Fee applies to monthly subscription plans. It includes:

- System buildout and configuration

- Agent scripting and call flows

- Integrations, routing, and automation setup

- Testing, onboarding, and activation

The Implementation & Launch Fee is non-refundable, except when expressly stated in writing by HookWeb Design.

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5. Subscription Access

Subscription access includes ongoing usage of the system, automation functionality, support, maintenance, and renewal services applicable to the selected plan. Subscription fees may be billed monthly, annually, or under a multi-year agreement, depending upon the selected plan. Some plans may include subsidized or performance-based fees; please see your agreement for details.

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6. Billing/Payment Authorization; Taxes

You authorize HookWeb Design and our payment processors to charge the payment method you provide for all fees due under your selected plan. All fees are quoted in US dollars. You are responsible for all applicable taxes, duties, and similar governmental assessments including taxes based on use or location.

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7. 100-Day Performance Guarantee*

HookWeb Design offers a 100-Day Performance Guarantee* on eligible monthly subscription fees and performance-based fees.

The guarantee period begins once the system has been active and used as intended for 30 consecutive days (the "Activation Requirement"). Once that threshold is met, the 100-day guarantee clock begins. The system must remain active and used as intended throughout the full 100-day period. If the system is disabled, paused, bypassed, or materially altered at any point, the guarantee clock pauses on that date and resumes only when the system is restored to full active use. Refund eligibility requires 100 total days of continuous active use — not simply 100 calendar days from activation.

If those conditions are met and you do not see measurable improvement, you may request a refund under this guarantee. Measures include unique new website visits, management system usage, and the following:

- Lead response speed

- Customer engagement

- Qualified lead opportunities

- Follow-up responsiveness

- Lead capture activity

The guarantee does not promise specific revenue, profit, or closed deals. It relates to system performance indicators, not business outcomes.

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8. Guarantee Conditions

To qualify for the 100-Day Performance Guarantee*, all of the following must be true:

- The system is fully installed and active for at least 30 consecutive days (the "Activation Requirement")

- Once the Activation Requirement is met, the 100-day guarantee clock begins

- The system must remain active and used as intended throughout the full 100-day period. If the system is disabled, paused, bypassed, or materially altered at any point, the guarantee clock pauses on that date and resumes only when the system is restored to full active use. Refund eligibility requires 100 total days of continuous active use.

- Calls, messages, forms, and leads are routed through the system as instructed

- You complete onboarding and provide required business information in a timely manner

- You do not disable, bypass, interfere with, or materially alter system functionality

- You submit performance data as reasonably requested by HookWeb Design

The guarantee applies to eligible monthly subscription fees and performance-based fees only. It does not apply to the $6,500 Implementation & Launch Fee or any other non-refundable items.

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9. Monthly Subscription Terms

Monthly subscription plans are billed on a month-to-month basis.

- The $6,500 Implementation & Launch Fee is due separately and is non-refundable.

- If you qualify under the 100-Day Performance Guarantee*, eligible monthly subscription fees and performance-based fees paid during the guarantee period may be refunded, as outlined in our Refund & Cancellation Policy.

- After the 100-day guarantee period has ended, no refunds will be issued. You may cancel at any time to stop future billing. No partial, pro-rated, or retroactive refunds are provided outside the guarantee terms.

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10. Annual and Multi-Year Subscription Terms

Annual and multi-year plans are billed upfront and run for the full committed term.

Launch Fee Waiver

If you choose an annual or multi-year subscription, the $6,500 Implementation & Launch Fee may be waived at the time of purchase, as specified in your agreement.

100-Day Performance Guarantee for Annual/Multi-Year Plans

If you qualify under the 100-Day Performance Guarantee*:

- You will receive a refund equal to 100 days of your equivalent monthly subscription rate (the "Guarantee Refund"). This is calculated as your monthly rate divided by 30, multiplied by 100.

- HookWeb Design retains the remainder of your annual payment to cover system buildout, onboarding, implementation, and services already rendered.

After the Guarantee Period

After 100 days of continuous active use, annual and multi-year subscriptions are non-refundable and non-cancelable for the remainder of the term, unless otherwise agreed in writing.

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11. Client Responsibilities

You agree to:

- Provide accurate and complete business information

- Complete onboarding and account setup in a timely manner

- Use the system as intended and follow implementation guidelines

- Maintain access to required tools, phone numbers, systems, or integrations

- Respond promptly to reasonable requests needed to complete setup or support

Failure to cooperate may delay implementation and may affect eligibility for the 100-Day Performance Guarantee*.

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12. No Revenue Guarantee

HookWeb Design does not guarantee:

- Specific revenue or profit

- A particular number of booked appointments or closed deals

- Any specific business growth outcomes

Our systems are designed to improve performance indicators such as response speed and follow-up, but final business results depend on factors outside our control including your pricing, sales process, market conditions, and service quality.

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13. Acceptable Use

You are responsible for how you use the Services. You must not use the Services in a way that violates applicable laws or regulations, including intellectual property or communications laws. You are responsible for maintaining the security of your accounts, credentials, and access to any required third-party tools or integrations.

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14. Third-Party Services and Integrations

The Services may integrate with or rely on third-party services including telephony providers, CRMs, and communication platforms. Third-party services are not covered by our terms and policies. HookWeb Design is not responsible for third-party services.

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15. SMS and Communication Compliance

You are responsible for ensuring that your customer communications comply with applicable laws and regulations, including:

- Consent requirements for SMS, phone, and automated communications

- Do-Not-Call and opt-out rules

- Privacy and record-keeping obligations

HookWeb Design may monitor and review your usage, but you remain responsible for the accuracy of your customer lists, consent records, message content, sending practices, and compliance.

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16. Cancellation

Cancellation requests must be submitted in writing to HookWeb Design.

For monthly plans: Cancellation stops future billing. Any eligible refund under the 100-Day Performance Guarantee* will be applied according to the terms of this agreement.

For annual and multi-year plans: No cancellation or refunds are available after the 100-day guarantee period, unless otherwise agreed in writing.

Cancellations do not entitle you to refunds for services already rendered or for non-refundable fees.

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17. Intellectual Property

As between you and HookWeb Design, HookWeb Design owns and retains all right, title, and interest in and to the Services, including underlying software, processes, automation logic, graphical flows, templates, and documentation, and all related intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during your subscription term.

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18. Confidentiality

Each party may receive non-public information from the other party. Each party will use the other party's confidential information only as needed to perform under these Terms and will protect it using reasonable means.

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19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTIES AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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20. Limitation of Liability

To the maximum extent permitted by law, HookWeb Design is not liable for:

- Indirect, incidental, consequential, special, or punitive damages

- Lost profits, lost revenue, or lost opportunities

- Business interruption or loss of data

Our total liability to any claim arising out of or relating to these Terms or the Services is limited to the amount you paid us for the Services during the three (3) months preceding the event giving rise to the claim, unless otherwise required by law.

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21. Indemnification

You agree to indemnify and hold harmless HookWeb Design from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Services; (ii) your communications with your customers (including SMS compliance); (iii) your customer lists, records, or data; or (iv) your violation of these Terms or applicable law.

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22. Governing Law; Dispute Resolution; Venue

These Terms and any dispute arising out of or related to the Services or these Terms are governed by the laws of the State of Missouri, without regard to conflict of laws principles.

Binding Arbitration. Except for the Excluded Disputes below, any dispute will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration will be held in St. Louis County, Missouri. The parties may appear by video, phone, or in person.

Court Proceedings for Excluded Disputes. Any dispute involving temporary, preliminary, or permanent injunctive relief to prevent actual or threatened misuse of intellectual property or confidential information may be brought in a court of competent jurisdiction. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in St. Louis County, Missouri, and waive any objection to such venue.

Jury Trial Waiver. TO THE EXTENT ANY DISPUTE IS PROPERLY BROUGHT IN COURT UNDER THIS SECTION, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

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23. Modifications

HookWeb Design may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this document. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

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24. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

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25. Assignment

You may not assign these Terms without HookWeb Design's prior written consent. HookWeb Design may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

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26. Entire Agreement

These Terms and any written agreement or order form between you and HookWeb Design regarding the Services constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements or understandings on that subject.

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27. Contact

HookWeb Design

Email: [email protected]

Phone: 636-246-9815

Website: https://hookwebdesign.com

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