Terms of service

Who we are #

This website and the service on it are run by Fumo Media LLC, a company formed in the State of Wyoming, trading as DEVIQO (“DEVIQO”, “we”, “us”). Our registered agent is Kira Manning and our Wyoming filing ID is 2024-001553648. We build small business websites, host them, and look after the domain, the mailboxes and the certificate that go with them. The same legal name, address and taxpayer identification number are printed on every invoice we send you, and the legal name is the one your bank will see behind the card descriptor.

Our mailing address is Fumo Media LLC, 1910 Thomes Ave., Cheyenne, WY 82001-3527, United States. It is a real address that reaches us, it is printed on every invoice and in every marketing email we send, and you do not have to ask for it.

You can reach us by email at [email protected] or on the live chat on this site, which is on every page and answered inside 15 minutes while it is staffed, Monday through Friday. Those are the two ways we work, and both leave you with a written record of what was agreed. This website is https://deviqo.com.

Four other documents go with this one and form part of the same agreement: the billing and subscription terms, which set out every charge and how to stop the recurring one; the delivery and fulfillment policy, which says what you get and when; the refunds and cancellation policy; and the service level document. Where one of them gives more detail than this document does, the detail is the one that applies.

These terms apply between us and you, the person or business ordering. If you are ordering for a company, a partnership or a charity, you confirm you are allowed to commit it, and “you” in this document means that organization.

The words we use #

The build

The work of designing, writing and assembling your website before it goes live. This is what the $1 pays for.

Go live

The moment your website is published at your own domain and can be reached by the public.

Hosting

Everything that keeps the website online after that: the servers, the certificate, the backups, the network in front of it and your mailboxes. This is what the monthly payment is for.

Your domain

The name your website answers on, registered in your own name. We run the DNS and handle the renewals as part of the service while your plan is running. The .com is included on the Complete plan at $18.99 a month. On Basic at $8.99 a month the name is registered in your own name and run for you, and the registry’s own annual fee for it, about $12 a year, is billed separately at cost.

A plan

Which level of hosting you are on: Basic at $8.99 a month or Complete at $18.99 a month. The website itself costs the same on both, and what separates them is set out in section 7.

The dashboard

The part of this site you log into to change your website, see your invoices, switch plan or cancel. It runs in a browser. There is nothing to install.

Your content

Anything you give us or put on the site yourself: words, photographs, logos, prices, products, files, and the inquiries and customer details that come in through it.

Ordering, and when this agreement starts #

You order by completing the form on this website and paying the $1 for the website together with your first month of hosting. That is an offer to buy, not yet a contract. The contract starts when we send you an email confirming that we have your order and are beginning the build. If for any reason we cannot take the work on, we say so and refund everything you paid, in full.

Everything on this website, including the prices, is an invitation to order rather than an offer we are bound by. If a price is obviously wrong, and you could reasonably have spotted that it was wrong, we do not have to honor it. We will tell you before we do anything else.

What the $1 buys #

For $1, we design, write and build a business website for you and put it live. The same build is openly sold at $1,500, which is what a US agency charges for a small business site of this size. That includes:

• up to ten pages, laid out for phones and for desktops;
• the words, written by our team from the answers you give us in the questionnaire;
• photographs, either yours or ones we source and license for use on your site;
• the contact and inquiry forms, and the pages a business needs to be lawful and findable;
• your domain found, registered in your name and pointed at the site, on the terms in your domain name. Domain included on Complete, $18.99 a month. On Basic it’s billed at cost, about $12 a year.
• a mailbox on that domain, and the site listed so it can be found on search engines;
• a private preview link before anything is public, and the changes you ask for at that stage.

We aim to have the site live within seven days of receiving your completed questionnaire and everything we have asked you for. Seven days is a target we hit for most customers and not a guarantee: if you are late sending material, or you ask for a redesign halfway through, it takes longer, and we will tell you when to expect it. What is delivered, in what order, by what date and by what method is set out in full in the delivery and fulfillment policy. Nothing is shipped: everything here is delivered online.

The $1 is a one-time charge. We will not come back to you with a build fee, a design fee, a setup fee or a launch fee afterwards. The hosting is the charge that repeats, and section 6 is what it covers.

The website design page shows what our team produces for it, and the pricing on the home page sets the $1 against what the same build is sold at elsewhere.

What we need from you #

We cannot build a website about your business without your business. You agree to:

• fill in the questionnaire truthfully, including your prices, your hours and the area you cover;
• send us anything we ask for that only you have, such as a logo, certificates, license numbers or product lists;
• check the preview and come back to us with your changes;
• tell us promptly if anything on the site becomes wrong, especially a price or an opening time.

If we have asked you for something and heard nothing for 60 days, we will email you twice and then close the build. You do not owe us anything, and if the site never went live we refund the $1 and your first month. If you come back later, we pick it up where it stopped for no extra charge.

Anything you send us has to be yours to send. See section 13.

What the monthly hosting covers #

Basic hosting is $8.99 a month and includes:

• your site on our servers, with a content delivery network in front of it;
• an SSL certificate, issued and replaced before it can expire;
• a firewall, a daily malware scan and the server software patched for you;
• a full backup every night, kept for 30 days and put back on request at no charge;
• monitoring that checks the site every minute from several places and wakes someone when it fails;
• your domain registered in your name, with the DNS set for you and the renewals handled while your plan is running, on the terms in your domain name;
• one mailbox on your own domain, with spam filtering;
• the dashboard, so you can change the site yourself whenever you want;
• our team on live chat and email, with no charge for an incident, a restore or an afternoon that goes wrong.

What we commit to on uptime, backups and how fast we answer is set out in the service level document, which forms part of these terms. The same list, priced against what those nine services cost bought separately, is on the web hosting page, and what the mailbox can do is on the business email page.

Complete hosting at $18.99 a month is the same list with the domain itself inside the monthly instead of billed on to you, plus the extra room and the extra time in section 7.

Hosting is a service, not a lease of a machine. We may move your site between our servers, change the underlying software, and take it offline briefly for maintenance. We announce planned maintenance in advance and keep it to the quiet hours.

The two plans, and moving between them #

Changing the website yourself from the dashboard is unlimited on every plan, and always free.

Switch plan in the dashboard whenever you like. Moving up takes effect at once and we charge you the difference for the rest of the month, worked out to the day. Moving down takes effect at your next payment date, so you keep what you paid for until then. If a lower plan gives you fewer mailboxes or less storage than you are using, we will tell you what has to come off before the change can go through. Moving down from Complete to Basic also moves the domain out of the monthly and onto its own line at cost, and we say so before the change goes through.

Fair use applies to the two open-ended rows. “As many changes as you send” means the ordinary run of a small business: prices, photographs, hours, a new page, a new product. It does not mean a fresh design every other week or a second website. If your requests stop looking like maintenance and start looking like a new build, we will say so and quote for it before doing anything.

Prices, invoices and sales tax #

The monthly hosting is a negative option: it repeats automatically until you stop it. Automatic renewals are governed federally by the Restore Online Shoppers’ Confidence Act and section 5 of the Federal Trade Commission Act, and separately by the automatic-renewal statutes of individual states, which do not agree with each other. Rather than work out which state’s rules reach which customer, we have taken the strictest requirement on each point and applied it to every customer in every state. The full detail is in section 4 of the billing and subscription terms. In summary, and as a commitment rather than a description:

• the amount, the frequency, the start date and the fact that it continues until you cancel are shown to you before we ask for a card, in the same place as the button that takes the money;
• you agree to the renewal terms by a separate, unbundled act of your own, not by agreeing to this document and not by a pre-checked box;
• you get a written acknowledgment you can keep, containing the renewal terms, the cancellation route and our mailing address, immediately afterwards;
• you can cancel online, in one place, in no more steps than it took to sign up, and in every medium in which we would accept a signup;
• we send you a reminder every year that the subscription is still running, whatever your term and whatever your state;
• we keep the record of your consent for three years, or a year after your plan ends, whichever is longer, and will send you a copy of it on request.

Most of our customers are businesses, and that matters for this list. Nearly every state automatic-renewal statute protects consumers buying for personal, family or household purposes, and a company selling to businesses can usually argue it is outside them. We do not make that argument. Every commitment above applies to you whether you bought as a person or as a company, and it applies in all fifty states.

When you order we take the $1 for the website and your first month of hosting, together. After that the hosting is taken on the same date every month until you cancel. If you ordered on the 31st, we take payment on the last day of shorter months. If you change your mind before your site goes live, both come back in full, as the refunds and cancellation policy sets out.

Payments are taken by card through Stripe, our payment processor. Your card details are handled by Stripe and are never stored on our servers. By ordering you authorize us to take the monthly payment automatically until you cancel.

The recurring charge is set out in full, on its own, on the billing and subscription page: what repeats, how much, how often, in what currency, when it starts, that it continues until you cancel, and how to stop it. That page forms part of these terms, and it is written to be read before you buy rather than after.

Prices are in USD. Your invoice sets out the amount, any sales tax we are required to collect, and the total, and every invoice you have ever had is in your dashboard to download. Every payment also produces a receipt by email on the day it is taken.

The $1 is our standing price and not a promotion with a closing date, a coupon, a qualifying period or a minimum term attached to it. The same build is openly sold at $1,500, which is what a US agency charges for a small business site of this size. Nothing about it steps up later: what repeats is the hosting, at the rate in section 6, and there is no introductory rate anywhere in this.

The monthly price you order at is the price you keep for as long as your plan runs. We may change our prices for new orders, and a change never reaches a plan that is already running. There is no notice to watch for and no new rate to accept. If you switch plans, the plan you move to is at its price on the day you switch, and that becomes the price you keep. Hosting at $8.99 a month is limited to the first 100 orders each month. After that, new orders that month are on Complete at $18.99 a month, with the .com included. We will not change the price of a build we have already agreed with you. Section 9 of the billing terms is the same rule in full.

The registry fee for your domain is the one figure that can sit outside all of this. While your plan is running we handle the renewal for you. The .com is included on the Complete plan at $18.99 a month. On Basic at $8.99 a month the name is registered in your own name and run for you, and the registry’s own annual fee for it, about $12 a year, is billed separately at cost. See section 11.

If a payment fails #

Cards expire and banks decline things. When a payment fails we email you the same day and try again on the third, seventh and fourteenth day after that. Nothing else happens in the meantime: your site stays up, your mailbox keeps working, and the backups keep running.

1. Day 21. If it is still unpaid, we suspend the website and show a holding page. Your mailbox keeps receiving.
2. Day 30. We suspend the mailbox too, and write to you again.
3. Day 60. We treat the plan as canceled by you, and the timings in the refunds and cancellation policy take over from there.

Pay the outstanding amount at any point in those sixty days and everything comes straight back, exactly as it was. There is no reconnection fee. We do not charge interest or a late fee on a monthly plan like this.

Changing the website after it goes live #

You can change your website yourself, from any browser, as often as you like, at no cost. Prices, photographs, opening hours, products, whole paragraphs: it is your site and the dashboard is yours to use, and the help center has a written walkthrough for each of those.

Or you can send the change to us on chat or by email and we will make it for you, within the allowance on your plan in section 7. Ask us in writing so there is a record of what you wanted.

We take a backup immediately before we publish anything, so a change that turns out wrong can be put back the same day.

You are responsible for what ends up on the site, whoever typed it. If you publish something that breaks the acceptable use policy, section 17 applies whether we made the change or you did.

Your domain name #

We register your domain with you named as the registrant. That means it is legally yours. We manage the DNS and handle the renewal while your plan is running. The .com is included on the Complete plan at $18.99 a month. On Basic at $8.99 a month the name is registered in your own name and run for you, and the registry’s own annual fee for it, about $12 a year, is billed separately at cost. How we find and set up a name is described on the domain names page, which also explains why that one field on the registration matters more than the fee.

Domains are subject to the rules of ICANN and of whoever runs the ending, and those rules sit above this agreement: we cannot override them. In particular, a newly registered or newly transferred .com cannot be moved to another registrar for 60 days, and that is a registry rule rather than ours. ICANN also requires us to keep your registrant contact details accurate and to pass on its annual reminder to check them; if a request to verify them goes unanswered the registry can suspend the name, so those emails are worth opening.

If you already own a domain, you can point it at your new site instead. You keep it where it is, or move it to us, whichever you prefer.

When you cancel, you can transfer the domain out at any time and we do not charge for it. What we do with it after your plan ends is set out in the refunds and cancellation policy.

Choosing a name that infringes someone’s trademark is your risk, not ours. We will say so if we spot it, but we do not carry out trademark searches and we do not give legal advice on names.

How you may use the service #

The acceptable use policy sets out in detail what may not be hosted or sent from our servers. It forms part of these terms. In short: nothing illegal, nothing that attacks anyone, no unsolicited bulk email, nothing that belongs to someone else, and nothing that breaks the consumer and advertising law that applies to your business.

You also agree to:

• keep your dashboard login to yourself, and tell us at once if you think someone else has it;
• make sure everything you publish about your business is true, including prices, availability and any claim about what you can do;
• hold any license or registration your trade needs in the states you work in, and show the details the law requires you to show;
• deal properly with the personal data of anyone who contacts you through the site.

Everything done under your login is treated as done by you.

Who owns what #

What is yours

You own everything you gave us and everything you have added since: your words, your photographs, your logo, your prices, your products, your files, your customer list and the inquiries that come in through the site.

You also own the finished website we built for you: the page designs as they are laid out for your business, the copy our writers wrote for you and the images we sourced and licensed for it. That ownership passes to you when the $1 has been paid and the site goes live. You can take a copy of it with you when you leave, and we will help you do that.

What is ours

The platform underneath stays ours: the editor, the dashboard, the templates and component library we start every build from, our source code, our infrastructure and the DEVIQO name and marks. None of that is sold to you. While you are paying for hosting you have a license to use it for your own website, and that license ends when your plan does.

The practical line is this: the site is yours, the engine is ours. When you leave you take an export of your content and your pages. You do not take our editor.

What you promise us

You confirm you have the right to use everything you send us and everything you publish, and that it does not infringe anyone’s copyright, trademark or other rights. You give us permission to host it, copy it, back it up and show it to the public as part of running the service, which is what makes a website work.

If someone brings a claim against us because of something you published, you agree to cover our reasonable costs in dealing with it.

If someone says your site infringes their copyright

Because we host what other people publish, the Digital Millennium Copyright Act gives us a procedure to follow and gives you a right of reply inside it. The whole procedure - what a takedown notice has to contain, what we do when one arrives, how you file a counter-notice, how long the material stays down and when it goes back up - is section 10 of the acceptable use policy. Two points belong here because they are terms of this agreement rather than a process description.

You will hear about it. We do not remove something from your website behind your back. When we act on a notice we tell you the same day what came down, who asked and on what grounds, and we send you the notice itself so you can answer it.

Repeat infringers lose the service. If your account is the subject of repeated, properly made and unanswered infringement notices, we end your plan. That is a condition of the safe harbor and we apply it evenly, but we count only notices you did not successfully answer, so a disputed claim you replied to does not count against you.

Showing your site to other people

We would like to show your finished site in our portfolio and to name you as a customer. If you would rather we did not, email [email protected] and we will take it down. There is no charge either way and it makes no difference to your service.

Other people’s services #

Your site may connect to services that are not ours: a payment provider, a booking or review platform, a map, a social account, a delivery company, an accounting package. We set them up where we can and we will help when they misbehave, but they are supplied by someone else on their own terms, and we are not responsible for them going down, changing their prices or changing their rules.

If you add something yourself, or ask us to add something you have chosen, the same applies. Anything that turns out to be unsafe or that slows the site badly, we may switch off, and we will tell you why.

Uptime, backups and support #

What we commit to, how it is measured, what does not count, and the credit if we miss it, are all in the service level document. In short: a 99.9% monthly uptime target, a full backup every night, and a first reply on live chat inside 15 minutes while it is staffed.

We back up your site every night and we take one before every change. Please still keep your own copy of anything irreplaceable, particularly original photographs and your customer list, both of which you can export from the dashboard at any time.

Canceling #

You can cancel at any time, in the dashboard, on chat or by email to [email protected]. There is no minimum term, no notice period and no exit fee. The procedure, and every message we send around it, is set out in section 6 of the billing and subscription terms. Four commitments in it are terms of this agreement, and they apply to every customer in every state:

• Online, in one place. Because you can start a subscription with us online, you can end one online, from a cancel control on the billing screen of your dashboard. You never have to call, write a letter or find a different route from the one that started it.
• No harder than signing up. Canceling takes no more steps, no more information and no more time than starting did.
• No save attempt. There is no retention offer, no discount you have to refuse, no survey you have to complete and no screen asking you to reconsider between the cancel button and the confirmation. Nobody here is measured on saves.
• It takes effect when you ask. The cancellation is recorded the moment you make it, not when someone gets round to it, and the next payment does not happen.
• If we charge you after you tried to cancel, you get it back. Every payment taken after your first attempt to cancel is refunded in full, however the attempt was made and even if it did not reach the right place. The failure is ours, not yours.

Your site stays online until the end of the month you have already paid for. After that it comes down, you have 30 days to take an export of your content, and you can move your domain out whenever you like. The full timeline, and what is refunded and what is not, is in the refunds and cancellation policy.

Suspension, and when we can end it #

We would much rather email you than switch anything off. We may suspend a site or a mailbox where:

• payment is overdue, on the timetable in section 9;
• something on the site breaks the acceptable use policy;
• the site has been compromised, is serving malware or is being used to attack someone;
• it is using so much of a shared server that other customers are affected;
• we are required to by a court, the police or a regulator.

Except where the harm or the law requires us to act immediately, we tell you first and give you a reasonable chance to put it right. The process is set out in the acceptable use policy.

We may end this agreement by giving you 30 days’ notice by email, and we will refund any month you have paid for and not used. We may end it immediately if you seriously or repeatedly break these terms, if you use the service to harm someone, or if you become insolvent.

When it ends for any reason, you still get the 30 day export window described in the refunds policy, unless a court has ordered otherwise or keeping the material would itself be unlawful.

What we are responsible for, and what we are not #

What we promise about the work

We give you an express warranty, and we give it in place of the disclaimer most hosting agreements print here. We warrant that the build will be carried out with reasonable care and skill by people who do this for a living, that the finished website will match what section 4 says you are buying, and that the hosting will be provided as the service level document describes. If any of that is not true, tell us and we fix it at no charge, and if it cannot be fixed we refund you. That is a promise you can hold us to, not a statement of intent.

We do not disclaim the implied warranties your state’s law gives you, and nothing in this agreement asks you to give up a protection your state does not allow to be given up. Where a term below goes further than the law of your state permits, that term is read down to what your state permits and the rest stands.

Where the limits are

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for anything else that cannot be limited by law.

Subject to that, and because this is a business service at a business price:

• we are not liable for loss of profit, loss of sales, loss of business, loss of goodwill, wasted expenditure, or any indirect or consequential loss;
• we are not liable for loss or corruption of data beyond restoring the most recent working backup we hold;
• we are not liable for anything caused by your own content, by something you or someone with your login changed, or by a third party service you added;
• our total liability to you, for everything arising in any twelve month period, is capped at the amount you paid us in that period or $100, whichever is the greater.

That cap does not touch three things, because it would be a trick if it did: a refund we owe you under the refunds and cancellation policy, a service credit we owe you under the service level document, and money we took from you that we should not have taken. Those are paid in full, on top of the cap, and they are not set against it.

We do not promise that a website will bring you customers, sales, inquiries or a particular position in search results. We do the work properly. What the market does with it is outside anyone’s control.

The service credit in the service level document is what you get when we miss the uptime target, and it is the only remedy for that.

Your personal data #

How we handle personal data about you is set out in the privacy policy. In short, we hold what we need to build your site, take your payments and answer your questions, and we do not sell it or share it with anyone for advertising.

Personal data belonging to your customers, which arrives through your forms, your store or your mailbox, belongs to you. In the language the US state privacy statutes use, you are the business that decides what happens to it and we are your service provider, which means we hold it only to run the service for you and only on your instructions. We do not sell it, we do not share it for advertising, we do not use it for anything of our own and we do not combine it with data from anywhere else. The written terms of that arrangement are section 14 of the privacy policy, and they form part of this agreement.

Changes to these terms of service #

We update these terms from time to time, usually because the law changes or because we have added something to the service. The date at the top always says when they last changed.

For a small correction we simply publish the new version. For anything that materially affects you, we email you at least 30 days before it takes effect. If you do not want to accept it, cancel before it starts and nothing changes for you in the meantime. Carrying on using the service after the date in that email means you accept the new version.

Complaints #

If something has gone wrong, tell us and we will fix it. Email [email protected] with “Complaint” in the subject line, or raise it on live chat and ask for it to be logged as a complaint.

1. We acknowledge it in writing within one business day.
2. We give you a full written answer within ten business days. If it is complicated we will tell you why and when to expect it.
3. If you are not satisfied, reply and ask for it to be reviewed. A director looks at it again and answers within a further ten business days. That is our final response.

Everything is dealt with in writing, so you always have a record of what was said and when.

Notices, and the usual legal tidying #

Notices. We write to the email address on your account, and it is your job to keep that address current. You write to [email protected], or to Fumo Media LLC, 1910 Thomes Ave., Cheyenne, WY 82001-3527, United States if you would rather put it on paper. An email is treated as received on the business day it was sent, unless it bounces.

The whole agreement. These terms, together with the acceptable use policy, the service level document, the refunds policy and the privacy policy, are the whole of what is agreed between us, and they replace anything said beforehand. Nothing here stops either of us being liable for a statement made fraudulently.

Not enforcing something once. If we do not enforce a term right away, we have not given it up, and we can still enforce it later.

If part of it fails. If a court finds any part of these terms unenforceable, that part is removed and the rest carries on.

Passing it on. You may not transfer this agreement to someone else without our written agreement, which we will not withhold unreasonably if you are selling your business. We may transfer it as part of a sale or reorganization of ours. If we do, we will email you before it happens, everything set out here continues on the same terms, and you may cancel on the spot with the unused part of the month refunded if you would rather not deal with the buyer.

Other people. Nobody other than you and us is meant to have any right to enforce these terms; there are no third-party beneficiaries to this agreement.

Things outside our control. Neither of us is in breach because of something beyond our reasonable control, such as a failure of the public internet, an act of government, a fire, a flood or an industrial dispute. If it goes on for more than 30 days, either of us may end the agreement and we refund anything paid for and not used.

Law and courts #

These terms, and any dispute arising out of them, are governed by the law of the state in which you live, or in which your business is based if you ordered for a business, together with the federal law of the United States. We do not name a state of our own choosing and apply it to you, because the effect of doing that is to move the argument somewhere inconvenient and to swap the consumer law you have for one you did not pick.

Claims may be brought in the state or federal courts of that same state, and we agree in advance to that venue and to the jurisdiction of those courts. You never have to travel to sue us.

What this agreement does not contain

Three things that appear in most agreements of this kind are deliberately absent, and their absence is a term of this one:

• No arbitration requirement. We do not require you to arbitrate anything. If you would rather arbitrate than litigate we will agree to it, but that is your choice to make at the time and not one you made by buying a website.
• No class action waiver. You keep every collective and representative right the law gives you.
• No jury trial waiver. If your claim carries a right to a jury, you keep it.

Nothing here takes away your right to bring a claim where you live, to use your state’s small claims court, or to the protection of any consumer law of your home state that cannot be waived by agreement. Nothing here stops you complaining to your state attorney general or to the Federal Trade Commission, and doing so does not affect your service, your price or the answer you get from our support team.

Common questions about these terms of service #

The six things people write in and ask before they order. Each answer is a shorter version of a clause above it, and where the two ever read differently, the clause is the one that governs.