Terms of Service

1. Services

Boulay Design provides the following services for business clients:

• Custom website design and development
• Meta (Facebook/Instagram) and Google advertising campaign creation and management
• Ad creative production including static, video, and AI-generated imagery
• Lead generation systems and sales funnel development
• AI-powered call answering and receptionist services
• Search engine optimization (SEO) and local search setup
• Google Business Profile management
• Reputation management, review monitoring, and content posting
• Business intelligence and market research

Project scope, deliverables, timeline, and pricing are agreed upon in writing before work begins. Any work outside the agreed scope may require additional fees and timeline adjustments.

2. Pricing and Payment

Pricing varies by service:

• Websites: Starting at $1,500 depending on complexity and features
• Ad campaigns, lead generation, AI receptionist, and other services: Priced separately based on scope and agreed upon before work begins
• Ad spend: Advertising budgets paid to Meta, Google, or other platforms are the client's responsibility and are separate from Boulay Design's service fees

A deposit (typically 50%) is required to start website projects. The remaining balance is due upon completion or by the agreed-upon payment schedule. Payment terms for ongoing services such as ad management or AI receptionist are agreed upon before activation.

All pricing includes only the services explicitly outlined in the project agreement. There are no hidden fees.

3. Intellectual Property

Upon full payment:

• Website code and design: The client owns all custom website code, design assets, and content created for their project
• Ad creative: The client owns all ad images, videos, copy, and creative assets produced for their campaigns
• Funnel and landing page assets: The client owns all landing pages, quiz funnels, and conversion assets built for their business

Boulay Design retains the right to display completed work in its portfolio, case studies, and marketing materials unless otherwise agreed in writing.

The client may not transfer, resell, or redistribute the design, code, or creative assets to third parties without written consent from Boulay Design.

4. Ad Account Ownership

When Boulay Design manages advertising campaigns:

• Ad accounts (Meta Business Manager, Google Ads) are set up under the client's ownership whenever possible
• The client retains full ownership of their ad accounts, campaign history, audience data, and conversion data at all times
• Upon termination of services, the client retains full access to their ad accounts. Boulay Design will remove its own access within 7 days of written request.
• Advertising budgets paid to Meta, Google, or other platforms are non-refundable by Boulay Design, as these payments go directly to the platform

5. AI Call Answering Service

When Boulay Design provides AI-powered call answering:

• The service uses AI voice technology to answer calls on behalf of the client's business. It is not a human answering service.
• The AI receptionist is trained on information provided by the client including business hours, services, pricing, and policies. The client is responsible for providing accurate and current information.
• Calls may be recorded and transcribed. The client is responsible for complying with any call recording disclosure laws in their jurisdiction.
• Boulay Design is not liable for inaccurate responses given by the AI if the client provided incorrect training data, or for any business decisions made by callers based on AI responses.
• Call data, recordings, and transcripts belong to the client and will be provided or deleted upon request.
• Boulay Design does not guarantee 100% uptime. The service depends on third-party infrastructure (Twilio, Vapi) and may experience occasional interruptions.

6. Lead Generation

When Boulay Design operates lead generation systems on behalf of a client:

• Lead data (names, phone numbers, email addresses, inquiry details) generated through campaigns or funnels belongs to the client
• Boulay Design builds and manages the lead capture and delivery systems but does not guarantee a specific number of leads, lead quality, or conversion rate
• The client is responsible for following up with leads in a timely manner. Boulay Design is not liable for lost business due to delayed client follow-up.
• The client is responsible for compliance with applicable laws when contacting leads, including TCPA, CAN-SPAM, and state telemarketing regulations

7. Revisions

Reasonable revisions and feedback are included in the project price during the development process. The number and scope of included revisions depend on the project agreement.

Major scope changes, significant design pivots, or extensive additional work beyond the agreed scope may require additional discussion, timeline adjustments, and fees.

8. Hosting and Deployment

Websites are typically deployed on Netlify or another agreed-upon hosting platform. Hosting costs (if any) are the client's responsibility after launch.

Boulay Design is not responsible for hosting, server maintenance, uptime, or infrastructure after the site is deployed unless a separate maintenance agreement is in place.

Domain registration and SSL certificates are typically the client's responsibility unless otherwise agreed in writing.

9. Warranties and Disclaimers

Boulay Design delivers work that meets professional standards:

• Websites will be functional, mobile-responsive, and compatible with modern browsers at launch
• Ad creative will be delivered to platform specifications and best practices
• AI receptionist systems will be configured and tested before going live

Boulay Design does not guarantee:

• Specific search engine rankings or organic traffic levels
• Specific ad performance metrics including cost per lead, return on ad spend, or conversion rates
• A specific number or quality of leads from lead generation campaigns
• 100% accuracy of AI receptionist responses
• Specific business outcomes, revenue increases, or customer acquisition numbers

Marketing and advertising results depend on many factors outside of Boulay Design's control including market conditions, competition, client follow-up, and consumer behavior.

10. Limitation of Liability

To the fullest extent permitted by law, Boulay Design shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of or inability to use any service, including but not limited to lost profits, lost data, business interruption, or damages resulting from AI system errors.

Boulay Design's total liability for any service shall not exceed the amount paid by the client for that specific service in the 12 months preceding the claim.

11. Termination

Either party may end the engagement with written notice. Upon termination:

• The client is responsible for payment of all work completed to the date of termination
• For website projects, the client does not receive ownership of incomplete work unless final payment is made
• For ad management, Boulay Design will remove access from the client's ad accounts within 7 days
• For AI receptionist services, the service will be deactivated on the agreed date. Call data will be available for export for 30 days after termination.
• Active ad spend commitments to platforms cannot be reversed by Boulay Design

12. Confidentiality

Boulay Design agrees to keep all confidential business information, project details, campaign data, and client data private and secure. This information will not be shared with third parties without written consent, except as required by law or as necessary for third-party service providers to deliver the agreed services.

The client agrees that Boulay Design may reference the completed project in portfolio and case study materials unless the client opts out in writing.

13. Client Responsibilities

The client agrees to:

• Provide accurate and complete business information for websites, ad campaigns, and AI receptionist training
• Respond to requests for feedback, approvals, and content in a timely manner
• Comply with all applicable laws when using leads, ad accounts, and marketing systems provided by Boulay Design
• Maintain ownership and access credentials for their own ad accounts, domain registrar, and hosting accounts
• Disclose any legally required information to their own customers (such as call recording notices) when using AI receptionist services

14. Governing Law

These terms of service are governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the courts of Rhode Island.

15. Contact

For questions about these terms of service or to discuss your project, please contact:

Chase Boulay
Email: chase@boulaydesign.com
Phone: (401) 347-5859
Boulay Design
Providence, Rhode Island