1. Website Build Services
Bayou Bytes provides custom static informational, business, and portfolio-focused websites primarily for small businesses.
Current standard website build options are:
- Business Website — $300 one-time build
- Portfolio Website — $600 one-time build, up to 150 portfolio images
- Large Portfolio Website — $900 one-time build, up to 300 portfolio images
Website build fees are separate from ongoing hosting, management, update services, third-party services, and custom work unless specifically stated otherwise in writing.
The scope of each project is based on the website package selected and any additional written agreement between Bayou Bytes and the Client. Requests that substantially exceed the original project scope may require an additional quote or may be billed as custom work at the applicable hourly rate.
2. Website Build Payment
Website build charges are due according to the payment arrangement agreed upon before work begins.
Unless otherwise agreed in writing, all amounts due for the website build and any approved additional development work must be paid before the completed website files are transferred to the Client or the website is placed into full production service.
Bayou Bytes is not required to release completed website files, transfer control of the website, or launch the completed website while an outstanding project balance remains unpaid.
3. Client Ownership of the Completed Website
The Client is purchasing a website, not renting one.
Once the agreed website build price and any other outstanding development charges have been paid in full, the Client owns the completed website files created specifically for the Client as part of the purchased website build.
There is no lease-to-own arrangement and no requirement that the Client maintain service with Bayou Bytes for a particular number of years in order to obtain ownership. Ongoing hosting, management, and update services are separate from ownership of the completed website. After all applicable balances have been paid, the Client may request a copy of the completed website files in a reasonable electronic format.
Ownership of the completed website does not transfer ownership of Bayou Bytes' internal development tools, reusable code libraries, utilities, automation scripts, development workflows, general-purpose templates, processes, techniques, or other materials that were not created exclusively for the Client.
4. Client-Provided Content and Materials
The Client is responsible for providing the information and materials reasonably necessary to complete the website. These materials may include business name and information, phone number, email address, business hours, service descriptions, pricing, staff information, logos and branding, photographs, portfolio images, written content, and other materials requested for the project.
The Client represents that they own, license, or otherwise have permission to use all materials supplied to Bayou Bytes. Bayou Bytes is not responsible for copyright, trademark, privacy, publicity, licensing, or other claims resulting from materials supplied or specifically requested by the Client.
5. Accuracy and Client Approval
The Client is responsible for reviewing the website before final approval and verifying the accuracy of all information displayed on the website, including business name, spelling, phone numbers, addresses, email addresses, business hours, prices, services, staff information, policies, photographs, portfolio information, and other business content.
Bayou Bytes will make reasonable efforts to correct errors identified during the initial project review process. Once the Client approves the completed website, later changes may constitute an included update or separately billable custom work depending upon the Client's active service plan and the nature of the requested change.
6. Revisions During Initial Development
Reasonable revisions necessary to complete the originally agreed website design are included during the initial development and review process. Revisions must remain within the scope of the website originally purchased.
A revision is not a complete redesign or an unlimited opportunity to repeatedly change the fundamental direction of the project. Requests that materially change an approved design direction, substantially expand the website, add significant new sections or functionality, restructure a large portfolio, or otherwise exceed the original project scope may be considered custom work. Bayou Bytes will inform the Client before knowingly performing additional work that will result in additional charges.
7. Prepaid Ongoing Service
Ongoing hosting, management, maintenance, and update services are purchased separately from the website build. All Bayou Bytes service plans are prepaid. There is no required automatic monthly subscription and no automatic recurring billing.
Clients may purchase either a six-month or one-year service period. Current standard service pricing is:
- ESSENTIALS — 6 Months: $300; 1 Year: $500
- ESSENTIALS + QUARTERLY UPDATES — 6 Months: $550; 1 Year: $1,000
- ESSENTIALS + PRO — 6 Months: $800; 1 Year: $1,500
Payment is made in advance for the entire selected service period. Service does not automatically renew. At the end of the prepaid service period, the Client may choose whether to purchase another available service period.
8. Essentials Service
Essentials is intended for Clients who want Bayou Bytes to host, manage, and maintain the operational availability of a website built within the Bayou Bytes static-site workflow.
Essentials generally includes website hosting, SSL/HTTPS management, routine technical management, keeping the website deployed and operational, general website-health maintenance, and basic operational support. Essentials does not include routine Client-requested content updates. Content changes requested by a Client with Essentials-only service are billed as custom work at $75 per hour unless another price is agreed upon before the work begins.
9. Essentials + Quarterly Updates
Essentials + Quarterly Updates includes Essentials service plus scheduled routine content updates. For a one-year service period, the Client may request one normal update per quarter, for a maximum of four scheduled update opportunities during the service year. For a six-month service period, the equivalent quarterly update frequency applies during the active service period.
A normal update may include reasonable changes to existing website content, including replacing existing photographs, updating existing text, changing business hours, updating prices, updating existing services, updating staff information, refreshing existing portfolio content, and other comparable changes to existing website content. For portfolio websites, each scheduled update is limited to a maximum of 50 portfolio images.
10. Essentials + Pro
Essentials + Pro includes Essentials service plus one normal website update per month during the active prepaid service period. The Pro plan provides greater update frequency. It does not provide unlimited updates or unlimited work. The same normal-update scope limitations applicable to Quarterly Updates also apply to Pro updates. For portfolio websites, each scheduled update is limited to a maximum of 50 portfolio images.
11. Unused Updates Do Not Roll Over
Included scheduled updates must be used during their applicable update period. Unused updates do not roll over, accumulate, create credits, or combine with later update periods. For example, a Client who does not request a Pro update during a particular month cannot combine that unused update with the following month's update to obtain two updates or a substantially larger update. Likewise, unused quarterly updates do not accumulate into later quarters.
12. Definition of a Normal Update
A normal update is intended to make reasonable changes to the content of the existing website while preserving its established design, structure, and functionality. Normal updates may include routine changes to existing text, images, portfolio content, hours, prices, services, staff information, contact information, and comparable business information.
An included update is not continuing website redevelopment. The following are examples of work that may fall outside normal update scope: major website redesigns, website rebuilds, significant new pages, large new website sections, new custom functionality, major navigation changes, major portfolio or gallery restructuring, complex integrations, backend development, database development, ecommerce development, substantial changes to the underlying website structure. Work outside the normal-update scope is considered custom work unless otherwise agreed in writing.
13. Portfolio Image Limits
The initial portfolio capacity is determined by the website package purchased. The $600 Portfolio Website includes up to 150 portfolio images. The $900 Large Portfolio Website includes up to 300 portfolio images.
For Clients with an eligible update plan, scheduled portfolio updates are limited to a maximum of 50 images per scheduled update. The 50-image limitation applies regardless of whether the Client has the Quarterly or Pro update plan. Image limits refer to reasonable website-ready image processing and placement within the website's established gallery or portfolio structure. Substantial image restoration, extensive editing, complex manipulation, major reorganization, or unusually time-consuming image work may constitute custom work.
14. Custom Work
Work outside the scope of the original website build or an included service-plan update is billed at $75 per hour unless Bayou Bytes provides and the Client accepts a separate fixed-price quote. Bayou Bytes will obtain Client approval before knowingly beginning additional billable custom work.
15. Expiration and Renewal of Prepaid Service
The Client's hosting and management service remains active through the end of the prepaid service period. Before or at expiration, the Client may purchase another available six-month or one-year service period. Renewal is optional. There is no automatic renewal unless Bayou Bytes and the Client later expressly agree in writing to a different payment arrangement.
If the Client chooses not to renew, Bayou Bytes may discontinue hosting, management, maintenance, and related services after the prepaid service period expires. The Client remains the owner of the completed website files after termination or expiration of service, provided all amounts owed to Bayou Bytes have been paid. If Bayou Bytes hosting is discontinued, the Client is responsible for arranging alternative hosting or engaging another provider.
16. Cancellation of Prepaid Service
Because ongoing service is purchased for a fixed prepaid period, the Client may choose to stop using the service at any time, but stopping use does not automatically create a right to a refund for the unused portion of the prepaid service period. Bayou Bytes will continue providing the purchased service through the end of the prepaid period unless the Client requests earlier termination or circumstances permitted by these Terms require service to end. Nothing in this section limits any refund or remedy required by applicable law.
17. Third-Party Services
Bayou Bytes may use third-party providers for hosting, domain registration, DNS, SSL certificates, forms, maps, analytics, email delivery, or other services necessary or useful for website operation. Third-party services are subject to the availability, policies, terms, pricing, and technical limitations of their respective providers. Bayou Bytes does not control third-party platforms and cannot guarantee their uninterrupted operation.
Products or services requiring separate paid accounts, subscriptions, licenses, transaction fees, booking fees, processing fees, or other charges are not included in standard Bayou Bytes pricing unless expressly stated otherwise in writing. The Client is responsible for third-party charges associated with additional services specifically requested by the Client unless otherwise agreed in writing.
18. Domain Names
Domain registration, renewal, transfer, and management arrangements will be established for each project as applicable. Where Bayou Bytes manages a domain on the Client's behalf, the Client remains responsible for applicable domain registration and renewal costs unless those costs are expressly included in the Client's purchased service. Bayou Bytes cannot guarantee that any particular domain name will be available.
If service with Bayou Bytes ends and a domain belonging to the Client is under Bayou Bytes' technical management, Bayou Bytes will reasonably cooperate with transferring control of the domain after all outstanding amounts have been paid and any required registrar procedures have been completed.
19. Existing and Third-Party Websites
Bayou Bytes primarily hosts, manages, and maintains websites created within its own lightweight static-site workflow. Purchase of a Bayou Bytes service plan does not obligate Bayou Bytes to host, repair, maintain, migrate, redesign, or assume responsibility for an existing website created by another developer or platform. This may include websites built with WordPress, Wix, Squarespace, proprietary website builders, unsupported plugins, databases, unknown codebases, or other systems outside the normal Bayou Bytes workflow.
Bayou Bytes may evaluate an existing website and determine whether it can reasonably be accepted for work or hosting. Bayou Bytes reserves the right to decline hosting, maintenance, modification, repair, or migration of an existing or third-party website.
20. Ecommerce, Booking Systems, Databases, and Backend Applications
Standard Bayou Bytes website packages are intended for informational, business, and portfolio-focused static websites. Unless specifically quoted and agreed upon as additional work, standard packages do not include ecommerce systems, online stores, payment-processing systems, customer account systems, membership systems, custom databases, complex booking systems, custom backend applications, medical or other regulated-data systems, or other complex interactive applications.
Existing third-party booking, payment, scheduling, or business services may sometimes be linked or embedded where technically appropriate. Any third-party fees and substantial integration work are separate from standard Bayou Bytes website and service pricing.
21. Search Engine Optimization
Bayou Bytes may perform basic on-page search-engine optimization during website construction. This may include appropriate page structure, metadata, headings, descriptive content, image alternative text, sitemap configuration, structured data, and other reasonable technical practices. Bayou Bytes does not guarantee any particular search-engine ranking, Google position, traffic level, number of website visitors, leads, inquiries, sales, or other result. Search engines and other third-party platforms independently determine how websites are crawled, indexed, displayed, and ranked.
22. Website Performance
Bayou Bytes builds lightweight static websites with speed, responsiveness, accessibility, and mobile performance as important development goals. Actual website performance may vary based on devices, browsers, internet connections, network conditions, hosting infrastructure, DNS providers, third-party services, Client-requested content or features, and other circumstances outside Bayou Bytes' reasonable control.
Unless specifically guaranteed in a separate written agreement, Bayou Bytes does not guarantee a particular Lighthouse score, PageSpeed score, loading time, uptime percentage, accessibility score, or other third-party performance measurement.
23. Service Availability and Outages
Bayou Bytes will make reasonable efforts to keep websites hosted under an active service plan operational. Temporary interruptions may occur because of scheduled maintenance, internet outages, hosting-provider problems, DNS problems, domain issues, telecommunications failures, third-party outages, cybersecurity incidents, or other circumstances outside Bayou Bytes' reasonable control. Bayou Bytes is not responsible for interruptions or losses caused by third-party providers or circumstances outside its reasonable control.
24. Force Majeure
Bayou Bytes will not be considered in breach of these Terms, and will not be liable for delays, interruptions, or inability to perform services, when performance is prevented or materially affected by circumstances beyond its reasonable control. Such circumstances may include, but are not limited to:
- Hurricanes
- Tropical storms
- Flooding
- Tornadoes
- Severe weather
- Fires
- Natural disasters
- Evacuations
- Extended power outages
- Internet or telecommunications outages
- Hosting or infrastructure failures
- Cyberattacks
- Acts of government
- Government restrictions
- War
- Civil unrest
- Labor disruptions
- Public emergencies
- Other events beyond the reasonable control of Bayou Bytes
When such an event occurs, Bayou Bytes will make reasonable efforts to resume affected services when conditions reasonably permit. Prepaid service periods will not automatically be refunded solely because of a force majeure event. If an extended force majeure event materially prevents Bayou Bytes from providing a substantial portion of the purchased service, Bayou Bytes may, when reasonable under the circumstances, extend the affected service period or provide another appropriate remedy. Nothing in this section limits rights or remedies that cannot legally be waived under applicable law.
25. Client or Third-Party Modifications
If the Client, another developer, another hosting company, or another third party modifies, moves, restructures, replaces, or otherwise changes the website outside Bayou Bytes' management, Bayou Bytes is not responsible for errors, outages, performance problems, security problems, data loss, design changes, or other issues caused by those modifications. Repairing or restoring externally modified website files may be treated as custom work and billed separately.
26. Refunds
Website development involves custom labor performed specifically for an individual Client. Once substantial development work has begun, website build payments are generally non-refundable to the extent they correspond to work already performed, except where otherwise required by law or agreed in writing. Prepaid hosting, management, maintenance, and update-service fees reserve service and availability for the purchased period and are generally non-refundable after the service period begins.
If Bayou Bytes is unable to provide a material portion of prepaid service for reasons within Bayou Bytes' reasonable control, Bayou Bytes may provide an appropriate prorated refund, service extension, or other reasonable remedy. Nothing in these Terms eliminates any refund or other consumer right that cannot legally be waived.
27. Client Delays and Inactive Projects
The Client agrees to provide requested materials, information, feedback, and approvals within a reasonable period. Client delays may postpone development, completion, or launch. If a Client stops communicating or fails to provide necessary materials for an extended period, Bayou Bytes may place the project on hold.
Resuming a substantially delayed project may require rescheduling based on Bayou Bytes' current workload and availability. If the scope, pricing, or circumstances of a substantially delayed project have materially changed, Bayou Bytes and the Client may need to agree upon revised terms before work resumes.
28. Right to Refuse Work
Bayou Bytes reserves the right to decline work that is unlawful, fraudulent, abusive, deceptive, technically unreasonable, outside the Company's normal services, or otherwise inappropriate for the business. Bayou Bytes may also decline requests that would require unsupported technology or create unreasonable legal, security, privacy, technical, or operational risks.
29. Security
Bayou Bytes will use reasonable practices appropriate for the static websites and services it provides. No website, hosting provider, internet service, or electronic system can be guaranteed to be completely secure. Bayou Bytes does not guarantee that a website will never experience malicious traffic, attempted attacks, third-party vulnerabilities, service interruptions, or other security events beyond its reasonable control.
30. Backups and Website Files
Bayou Bytes may maintain reasonable working or deployment copies of websites under active management but does not guarantee permanent archival storage of Client materials or website files unless specifically agreed in writing. Clients who have received ownership of their completed website are encouraged to retain their own copy of the website files and original business materials. Bayou Bytes is not intended to serve as the Client's permanent archival or cloud-storage provider.
31. Limitation of Liability
To the fullest extent permitted by applicable law, Bayou Bytes will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from the website or services. This includes, without limitation, lost profits, lost revenue, lost business opportunities, loss of data, loss of search ranking, loss of prospective customers, or business interruption.
To the fullest extent permitted by applicable law, Bayou Bytes' total liability arising from a particular project or service will not exceed the amount actually paid by the Client to Bayou Bytes for the project or service giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
32. No Guarantee of Business Results
A website is a business, communication, and marketing tool. Bayou Bytes does not guarantee that a website will produce any particular number of customers, inquiries, appointments, sales, leads, revenue, website visitors, search-engine rankings, or other business result. The success of a Client's business depends upon numerous factors outside Bayou Bytes' control.
33. Changes to Pricing
Published website and service prices may change for future purchases. A future price change will not alter the price of a website build or prepaid service period that the Client has already purchased. Renewal of hosting, management, maintenance, or update services will be offered at the pricing available when the new service period is purchased unless Bayou Bytes and the Client agree otherwise in writing.
34. Changes to These Terms
Bayou Bytes may update these Terms from time to time for future projects and future service periods. Changes to these Terms will not retroactively alter the material terms of a project or prepaid service period already purchased unless both parties agree to the change or the change is required by applicable law.
35. Termination for Material Violation
Bayou Bytes may suspend or terminate service if the Client uses the website or Bayou Bytes services for unlawful activity, materially violates these Terms, fails to pay amounts that are properly due, abuses or threatens Bayou Bytes personnel, intentionally interferes with technical systems, or creates a substantial legal, security, or operational risk. Where reasonably practical, Bayou Bytes will provide notice and an opportunity to resolve the problem before terminating service.
Immediate suspension or termination may occur when reasonably necessary to protect Bayou Bytes, third-party systems, the public, or other customers from significant harm or legal exposure. Termination for a Client's material violation does not automatically entitle the Client to a refund of prepaid service fees.
36. Independent Service Provider
Bayou Bytes Gulf Coast is an independent website design and management service. Nothing in these Terms creates an employment relationship, partnership, joint venture, franchise, or agency relationship between Bayou Bytes and the Client.
37. Severability
If any provision of these Terms is determined by a court or other authority with proper jurisdiction to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law. The invalid or unenforceable provision will be interpreted or limited as necessary to most closely accomplish its intended lawful purpose.
38. Waiver
Failure by Bayou Bytes to enforce any provision of these Terms on one occasion does not constitute a permanent waiver of that provision or the right to enforce it in the future.
39. Governing Law
These Terms are governed by the laws of the State of Mississippi, without regard to conflict-of-law principles. Any dispute relating to these Terms or services provided by Bayou Bytes will be handled in a court with appropriate jurisdiction under applicable Mississippi law unless Bayou Bytes and the Client agree to another lawful method of dispute resolution.
40. Entire Agreement
These Terms, together with any applicable written proposal, invoice, project scope, accepted quote, or other written agreement between Bayou Bytes and the Client, constitute the agreement governing the applicable services. If a specific written project agreement expressly conflicts with these general Terms, the specific written agreement controls for that particular project to the extent of the conflict.
41. Electronic Communications and Approvals
The Client agrees that project approvals, scope confirmations, change approvals, and other routine business communications may be conducted electronically, including by email or other mutually used electronic communication methods. Electronic approval or authorization may be relied upon by Bayou Bytes as evidence of the Client's instructions.
42. Contact Information
Questions regarding these Terms or Bayou Bytes services may be directed to:
Bayou Bytes Gulf Coast
Web Design Service
Mississippi Gulf Coast
Phone: (228) 209-8895
Hours: Monday–Friday, 12:00 PM–5:00 PM