The written agreement, in full.

Who is agreeing

This agreement is between GablePath Digital LLC, a New Jersey limited liability company with its principal office in New Jersey (“GablePath”, “we”, “us”), and your legal name, a entity type located at your address (“Client”, “you”).

GablePath Digital LLC is the contracting party. Mark Restivo signs on behalf of the company and is not personally a party to this agreement.

What documents control

If these ever conflict, this is the order that wins:

1. The signed order form (including the schedule and price it names);
2. This agreement;
3. Anything published on gablepath.com.

Published guarantees are part of this agreement. Any guarantee or service commitment published at gablepath.com on the date of your order form is part of this agreement. Where it differs from this agreement, whichever is more favorable to you controls. Nothing else on our website changes a signed agreement.

What we will do

We provide the services described in the schedule named on your order form: Schedule A — Website Subscription (monthly, no money down), or Schedule B — One-Time Website Build/Redesign (fixed price).

Work not described in the applicable schedule and your order form is out of scope. Out-of-scope work happens only under §12 (Change orders).

Before you buy anything, we will build you a free homepage preview on request. The preview is a sample, costs nothing, obligates nobody, stays unindexed, and we may delete it 30 days after we send it. Nothing about a preview creates this agreement.

What you will do

• Give us the content we need — text, photos, logo, hours, services, service area — or approve the drafts we write for you.
• Give us the access we need (domain/DNS, existing site, analytics) or make the changes yourself when we ask.
• Give us consolidated feedback within three business days of a review request.
• Name one person who can approve work on your behalf.

If you are late, our schedule moves day for day. We are not responsible for a delay you caused.

Payment

Subscription (Schedule A). $149 per month. Nothing is due up front. The first charge runs on the day your site goes live and monthly on that date after that. You keep a valid payment method on file. Monthly fees are earned when charged and are not refundable for a partial month, except under the 30-day money-back guarantee in §5.1.

One-time (Schedule B). your price, minimum $2,500. The deposit is half the total price, due before we start; the other half is due at launch. We do not start before the deposit clears.

Both. Prices are in U.S. dollars. Card payments are processed by our payment processor; we never store your card number. Invoices are due on receipt. If an invoice is more than 10 days late we may pause work and take the site offline after written notice; we will restore it once you are current. Reasonable costs of collection are yours.

30-day money-back guarantee

This section overrides anything in §5 or §9 that conflicts with it.

Subscription (Schedule A). If you tell us by email within 30 days of your go-live date that you are not happy, we refund every fee you have paid us, in full. You do not have to give a reason. We will still send you the export described in §9, your site goes offline at the end of that 30-day period unless you tell us otherwise, and no further fee is charged. This is available once, on your first go-live under this agreement.

One-time (Schedule B). If you tell us by email within 30 days of launch that the launched site is not what your order form describes, we will either correct it or refund you. We choose which, and if we correct it we will do so within a reasonable time and tell you when it is done. If we refund you, we refund every amount you have paid and the deliverables stay ours — you agree to stop using the site and we will take it offline.

What this does not cover. Work we could not finish because you did not give us content, access, or approval (§4); anything you asked for in a change order under §12 and approved; and third-party costs we paid out on your instructions and cannot recover (for example, a domain registered in your name). The Schedule B guarantee covers a launched site that does not match the order form; a project cancelled before launch is governed by the kill fee in §9.

Your price does not change

The monthly fee on your order form is the fee for as long as you keep your subscription. There is no renewal event, no introductory rate that expires, and no annual increase. We will not raise your price while your subscription is continuous, even if we raise the price we charge new clients.

If we ever need to change your price, we will ask, in writing, and it takes effect only if you agree in writing (§14). If you do not agree, your price stays as it is; your only alternative is to cancel under §9, which you can do at any time and at no cost.

If your subscription lapses and you start again later, the price then current applies to the new subscription. This section does not cover work quoted separately under §12, or third-party costs you asked us to pay on your behalf.

Revisions and acceptance

Subscription — unlimited small edits, live by the end of the next business day. For as long as you subscribe, small edits cost nothing extra and there is no limit on how many you send. A small edit is a change to a page you already have that takes us under roughly 30 minutes: text, prices, hours, staff, photos, service areas, testimonials, contact details, and adding or removing a service in a list.

Our promise. A small edit you send to the support address on your handoff note will be live on your site by the end of the next business day.

Business day means Monday to Friday, excluding U.S. federal holidays, in Eastern Time. A request received on or before 4:00 p.m. ET starts the clock that day; a request received after 4:00 p.m. ET, or on a weekend or holiday, starts the clock on the next business day. Live means the change is published and visible on your site. Email is the only channel this promise runs on — a text or a voicemail is welcome, but it does not start the clock.

If we miss it, that month is free. If we miss the deadline on any small edit in a billing month, you are not charged for that month — we credit or refund the full monthly fee for the month in which the miss happened. You do not have to ask; we apply it. If you spot a miss we did not, tell us and we will apply it. One free month per billing month, however many edits were late in it.

When the clock does not run. It does not run while we are waiting on you for content, a decision, or an approval we have asked for; while your account is suspended for non-payment under §5; or during a force-majeure event under §14, including an outage at a hosting, DNS, or network provider. It does not apply to work that is not a small edit — those are quoted under §12 before any work starts.

These are not small edits and are quoted separately: new pages, a redesign or rebrand, e-commerce, booking or payment systems, logins or member areas, custom applications, copywriting for a new campaign, photography or video, logo design, and anything requiring a third-party service we would have to buy, integrate, or maintain.

One-time. Two rounds of revisions are included. A round is one consolidated list of changes. Work is accepted when you say so in writing, or five business days after we deliver it and ask for approval, whichever comes first.

Who owns what

• Your material stays yours. Your name, logo, brand, photos, text, customer data, and anything else you give us remains yours. You give us only the permission we need to build and run your site.
• The finished site is yours. On full payment — for a subscription, of each month as it is billed — the final site design, page layouts, and copy we produced for you belong to you, and cancellation does not take that away. On cancellation you get an export (§9) and may host it anywhere.
• Our tools stay ours. The templates, components, build tooling, scripts, and know-how we use to make sites are ours, including improvements we make while working for you. You get a perpetual, worldwide, royalty-free license to keep using them as part of your site. You do not get the right to resell them or use them to build other sites.
• Third-party and open-source components stay under their own licenses; we will tell you what they are on request.
• Portfolio. We may name you as a client and show screenshots of and a link to your site in our portfolio and marketing. Tell us in writing and we will stop and remove it. We will not publish your metrics, revenue, or any case-study numbers without your separate written permission.

Confidentiality, credentials, and your data

Each of us will keep the other’s non-public information confidential and use it only for this work. That does not cover information that is already public, that we already had, or that we are legally required to disclose.

Credentials you give us are used only to do the work described here, are kept in a password manager, are never shared outside GablePath, and are deleted within 30 days of the end of the work or on your written request. Tell us to rotate them at handoff and we will remind you to.

We do not sell, rent, or share your data or your customers’ data. Contact-form submissions belong to you; we pass them to you and do not use them for anything else. Ask us to delete what we hold and we will, except for records we need to keep for tax, accounting, or legal reasons.

Ending the agreement

Subscription — cancel anytime. Email us. Cancellation takes effect at the end of the month you have already paid for; we do not pro-rate. There is no minimum term, no cancellation fee, and no notice period. When you cancel:

• we send you a complete static export of your site — HTML, CSS, images — within 10 business days, at no charge;
• your site stays online for 30 days after your last paid day, then goes offline;
• your domain is and always was yours; we release or transfer any DNS or registrar control we hold to you or whoever you name;
• we delete your credentials and, on request, the files we hold.

One-time — kill fee. You may cancel in writing at any time.

• Before you approve the design: you owe us for work completed to that point at our hourly rate, capped at the deposit; we refund the rest of the deposit.
• After you approve the design: 50% of the total price is earned and non-refundable; the deposit is exactly that 50% (§5), so it covers it and you owe nothing further, and we hand over what exists as-is.
• The 30-day money-back guarantee in §5.1 applies after launch and overrides this paragraph to the extent they conflict.

Either of us may end this agreement if the other materially breaches it and does not fix the breach within 15 days of written notice. If we end it for a reason that is not your fault, we refund fees you paid for work not delivered.

No guarantees of results, and no other warranties

We will perform the services with reasonable skill and care, in a professional manner.

We do not guarantee results. No promise is made about search rankings, traffic, phone calls, form submissions, leads, sales, or revenue. Those depend on your market, reputation, pricing, advertising, and operations — things outside a website.

Other than the warranty in the first sentence of this section, and to the maximum extent the law allows, the services and deliverables are provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty of uninterrupted or error-free operation. Hosting, DNS, email, and other third-party services are outside our control and we do not warrant their availability.

Your content, and who covers what

You confirm that you own or have the right to use everything you give us — text, photos, logos, trademarks, reviews, testimonials, customer lists — and that your content is accurate and lawful. You are responsible for claims your site makes about your business, for the licenses and disclosures your industry requires, for your privacy notice and any tracking consent, and for your own compliance obligations. We will point out anything that looks like a problem; we are not your lawyer and we do not verify your claims.

You will defend and indemnify us against third-party claims arising from content you supplied or instructed us to publish.

Change orders

Anything outside scope gets quoted in writing — scope, price, and schedule impact — and starts only after you approve it in writing (email is fine). Hourly work, when we agree to it, is our hourly rate, named on your order form before you agree to anything.

Limits on liability

To the maximum extent permitted by law: neither of us is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if warned they were possible. Our total liability under this agreement is capped at the fees you paid us in the 12 months before the claim.

This does not limit anything that cannot be limited by law, your obligation to pay, or either party’s liability for fraud or willful misconduct.

General

• Independent contractor. We are an independent contractor, not your employee, partner, or agent. We control how the work gets done and may use subcontractors, and we stay responsible for their work.
• Governing law and venue. New Jersey law governs, without its conflict-of-laws rules. Any dispute goes to the state or federal courts in Morris County, New Jersey, and both of us consent to that. This applies whether or not you are in New Jersey.
• Notices. Email counts, to the addresses on the order form. Notices of termination or breach must also be sent by email with delivery confirmation requested.
• Force majeure. Neither of us is liable for a delay caused by something outside our reasonable control — outage of a hosting or network provider, natural disaster, war, labor action, government act — but we will tell the other promptly and keep the delay as short as possible.
• Suspension. We may suspend the services on written notice for non-payment (§5) or for use of your site that is illegal or that puts our accounts or other clients at risk.
• Assignment. Neither of us may assign this agreement without the other’s written consent, except to a successor of substantially all of its business.
• No waiver. Not enforcing something once does not waive it.
• Severability. If a court voids a provision, the rest stands and the void provision is narrowed to what is enforceable.
• Entire agreement; amendments. The order form and this agreement are the whole deal and replace anything said before. Changes must be in writing and agreed by both of us.
• Counterparts and electronic signature. Electronic signatures and counterparts are binding.
• Survival. Sections 5 (amounts owed), 7, 8, 9 (post-termination obligations), 10, 11, 13, and 14 survive termination.

Corrections

Found something on the site this agreement does not back up? Tell us and we will fix the paper, not the marketing — hello@gablepath.com. §2 already says a published guarantee is part of the agreement and that whichever version is better for you wins, which is the point of putting this page on the open web.

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