Terms of service

Effective date: October 9, 2026

These terms explain how our website plans work. The Fly Pelican LLC (“The Fly Pelican,” “we,” “us”) is a Florida limited liability company based in Palm Beach County, Florida. Every client also accepts our Client Service Agreement. You accept it with one click when you sign up, and for larger projects on The Fly we may also ask you to sign it. If that agreement and these terms ever differ, the agreement you accepted wins.

Plans and billing

• Current plans, prices and what each includes are listed in the plans section. They are:
  • The Perch: $99/month, $0 setup fee.
  • The Dive: $199/month, $99 setup fee.
  • The Fly: $499/month, setup quoted per project.
• Setup fees are charged once. The Fly’s setup is quoted in writing before any work begins; half is due at signing and half at launch.
• Optional one-time brand add-ons, the Logo Package and the Brand Identity Kit, are listed in the plans section. The Brand Identity Kit is included with The Fly. Every plan includes a free vector cleanup of your existing logo.
• Every plan includes Google Business Profile setup. You create or claim your profile on Google and complete Google’s verification, then add us as a manager, and we fill in the rest. Ongoing profile care (monthly posts, photos and hours updates) is included with The Dive and The Fly, not The Perch.
• Every plan includes email forwarding at your domain. We set up addresses like you@yourbusiness.com that forward incoming mail to an inbox you already use. Forwarding only receives mail; it isn’t a mailbox you can send from. For forwarding, your domain’s DNS needs to be managed on Cloudflare, but your domain can stay registered where it is. If you already have email at your domain, we don’t change that setup. Full mailboxes you can send from, like Google Workspace, aren’t part of any plan; we can set one up for you, and its provider bills you for it.
• Month-to-month plans are billed monthly in advance through Stripe and renew automatically each month until cancelled. You can update your payment details and see your invoices in your Stripe billing portal.
• We give at least 30 days’ notice by email before any price change.
• Prices don’t include any sales tax that applies. Third-party fees, like payment processing or a booking app’s subscription, are billed by those providers.

Ways to pay

• Every plan can be paid in one of two ways: month-to-month, with no commitment and cancel anytime; or 12 months paid upfront.
• If you pay 12 months upfront, that one payment covers your plan for the full 12 months.
• 12 months paid upfront is non-refundable. If you cancel before the 12 months are up, nothing already paid toward them is refunded, and your site stays up and looked after until the paid 12 months end. Then your plan ends.
• A prepaid 12 months renews automatically for another prepaid 12 months at the regular yearly price in effect at renewal. We’ll send you a reminder before it renews.
• Before the renewal date, you can switch to month-to-month or cancel, by email or in your billing portal.

Changing plans

• You can move up or down a plan anytime, including during a prepaid 12 months. Your prepaid term keeps running as it was.
• The new plan’s price starts right away, prorated for the rest of your billing month.
• Moving up a plan adds the new plan’s setup fee: $99 for The Dive, or for The Fly a setup fee quoted per project, with half due at signing and half at launch.
• Moving down a plan removes the features and maintenance that came with the higher plan, like its edit allowance and turnaround.

Cancelling

• You can cancel anytime by email or in your billing portal. Your service ends at the end of your current billing month, or at the end of your paid 12 months if you prepaid. We don’t refund partial months.
• When your service ends, the website comes down unless you’ve bought it out (see below). You keep your domain, your content and photos, and anything you bought one time.

Refunds on setup fees and add-ons

• If you cancel before we start the work, you get a full refund.
• If you cancel partway through, you get a partial refund for the work not yet done.
• Once the work is delivered, there’s no refund.

Late payments

• If a payment fails, Stripe retries it and emails you.
• After 14 days unpaid, we pause your site. It shows a “temporarily unavailable” page until your account is paid up.
• After 90 days unpaid, we cancel the account and remove the site. The buyout below stays available.

Who owns what

• Your content is always yours: the text, photos, logos and business information you give us.
• What you pay for one time is yours. The Logo Package and the Brand Identity Kit, including the kit that comes with The Fly (paid for by its setup fee), belong to you, with all files, once paid in full. We may show the work in our portfolio.
• The website is part of your subscription. The design and code covered by your monthly fee stay the property of The Fly Pelican LLC and are licensed to you while you’re subscribed. We also keep our own tools and templates. Third-party items, like fonts and stock photos, stay under their own licenses.
• You confirm you have the rights to anything you give us to publish.

Keeping your website: the buyout

• At any time, you can buy out your website for a separate one-time fee of six months of your plan’s regular price:
  • The Perch: $594
  • The Dive: $1,194
  • The Fly: $2,994
• Once it’s paid, we deliver your site’s files. You can stay with us on any plan, and we’ll keep hosting, editing and maintaining it. Or you can host it anywhere, and we’ll help you move it.

Your domain

• If you already own a domain, it stays yours. We just need access to manage it.
• If you don’t have a domain, one is included in your package. It’s registered in your name, in your own account with the registrar, with us added as a manager. For a standard domain, the registration and its renewals are part of your package while you’re subscribed. If you want a premium domain, you pay the cost above a standard registration. If you leave, it’s still yours, and you take over the renewals.
• We never hold a domain hostage.

Edits and fair use

“Unlimited small edits” means changes to what’s already on your site: text, photos, hours, prices, specials. Each takes about half an hour or less, and we handle them one at a time. Bigger jobs, like a new feature or a redesign, get a quote first. If you’re regularly sending a lot, we’ll talk about which plan fits. Turnaround times for each plan are listed in the plans section and the FAQ. Current clients can send requests through our support page.

Third-party services

We use trusted third-party services, including Stripe (billing), Cloudflare (hosting and email forwarding), Formspree (forms) and Google (for example, Google Business Profile). They work under their own terms, and we aren’t responsible for their outages, changes or fees.

Accessibility, results and warranties

• We build following recognized accessibility practices (WCAG AA), but can’t guarantee legal compliance, especially for content added later.
• We don’t guarantee search rankings, traffic or leads.
• We work to keep sites online, but can’t promise they’ll never go down.
• Beyond what these terms and your agreement say, our services are provided “as is,” to the extent the law allows.

Limits on liability

To the extent the law allows, neither of us is liable for indirect or consequential damages, like lost profits, and our total liability for any claim is limited to the fees you paid us in the 12 months before it. You’re responsible for the content you give us and agree to cover claims that arise from it.

Disputes

Florida law applies. If we disagree, we’ll try mediation first. If that doesn’t settle it, the courts in Palm Beach County, Florida, will decide.

Text messages

Text messages from us are covered by our SMS terms.

Changes to these terms

We may update these terms. When we do, we’ll change the effective date above and email current clients about any significant change. Changes don’t alter the agreement you accepted unless both sides agree.

Contact and notices

Questions and written notices can go to us by email or mail.

The Fly Pelican LLC
7040 Seminole Pratt Whitney Rd #25-166
Loxahatchee, FL 33470
Email hello@theflypelican.com · Call (754) 600-1059