Tobay Digital LLC Terms of Service

Effective Date: March 1, 2026

1. Introduction

These Terms of Service (“Terms”) govern your use of the website design, hosting, and maintenance services provided by Tobay Digital LLC (“we,” “our,” or “us”), as well as your use of our website and mobile messaging programs. By signing up for our services or using our website, you agree to be bound by these Terms.

2. Eligibility & Age Restriction

The Services are intended only for users who are at least 18 years of age. By using our Services or agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.

3. Services Provided

Tobay Digital LLC provides subscription-based website design, development, hosting, and maintenance services. We build and manage professional websites for small businesses in exchange for a recurring monthly fee.

Your subscription is a comprehensive managed solution including:

  • Managed Hosting & Security: Proactive monitoring and maintenance.
  • Professional Email: Provisioning and support for a Titan Email account.
  • Content Updates: Small-scale updates to existing text, images, and basic page elements.

4. Subscription & Payments

  • Fees: You agree to pay the monthly subscription fee of $97 USD (or other agreed-upon rate) for the ongoing hosting, maintenance, and license to use the website.
  • Billing Cycle: Payments are automatically deducted every 30 days from the credit card on file.
  • Late Payments: If a payment fails, we will attempt to retry the transaction. If payment is not received within 7 days, your website may be temporarily suspended. If payment is not received within 30 days, your website may be permanently deleted.

5. SMS/Mobile Messaging Program Terms

By consenting to Tobay Digital LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Tobay Digital LLC through your wireless provider to the mobile number you provided.

  • Program Description: We send account updates, project status notifications, responses to your inquiries, and occasional service offers.
  • Opt-Out: You may opt-out of the Service at any time by replying STOP to any message. You will receive one final confirming message. After that, you will no longer receive SMS messages from us.
  • Help: For help, reply HELP to any message or contact us at tobaydigital@gmail.com.
  • Message Frequency: Message frequency varies based on your interaction and project status.
  • Cost: Message and data rates may apply for any messages sent to you from us and to us from you.
  • Carrier Liability: Carriers are not liable for delayed or undelivered messages.

6. Ownership & Intellectual Property (The “Lease” Model)

It is critical that you understand who owns what:

  • Client Ownership: You retain 100% ownership of your domain, business name, images, written text, and customer data that you provide to us.
  • Proprietary Technology & Security: We retain ownership of the underlying code and design framework. This allows us to act as your “security lead”—proactively managing WordPress core updates, security patches, and server-side optimizations that would otherwise be the client’s responsibility. By maintaining ownership of the technical ‘engine,’ we can guarantee that your site remains compatible with the latest Google algorithm updates and browser security standards.
  • The License: As long as your subscription is active, you are granted a non-exclusive, world-wide license to use the website for your business. If you cancel your subscription, this license is revoked, and the website will be taken offline. If you ever want to leave and take the website with you to host it yourself, there is just a flat $500 transfer fee to package up the code and hand over the rights. Otherwise, as long as we are managing it for you, the build is completely free.

7. Managed Content Updates

Your subscription includes four (4) complimentary content updates per month. Content updates refer to modifications of existing text, image swaps, or basic layout adjustments. These updates are provided as a managed service to ensure all changes are implemented safely without compromising the site’s custom code. Requests should be submitted via email and are typically completed within 24–48 business hours. Major structural overhauls or new functionality remain “New Projects” and will be quoted separately.

8. Technical Integrity & Site Access

To maintain the security, performance, and structural integrity of the website, Tobay Digital LLC maintains exclusive administrative access to the website’s back-end and source code. Because the website contains custom-engineered code and specialized configurations, unauthorized external edits can cause significant technical errors or site-wide “bugs.”

In the event the Client requests and is granted administrative access, the Client acknowledges that any site-breaking errors or downtime caused by Client-side edits are not covered under any subscription. Repairing such issues will be billed at an emergency hourly rate of $150/hour.

9. Email Liability & Cancellation

Tobay Digital LLC provides email via third-party provider Titan. While we facilitate the service, we are not liable for data loss or downtime caused by the provider. Upon cancellation of your subscription, your Titan Email account and all stored messages will be deactivated. It is the client’s responsibility to back up email data prior to cancellation.

10. Cancellation & Termination

  • No Contracts: You may cancel your subscription at any time. There are no cancellation fees or long-term commitments.
  • How to Cancel: You must request cancellation in writing via email to team@mail.tobaydigital.com at least 3 business days before your next billing date.
  • Effect of Cancellation: Upon cancellation, your website will be taken offline at the end of your current paid billing period. We are not responsible for retaining your data after cancellation.

11. Limitation of Liability

To the maximum extent permitted by law, Tobay Digital LLC is not liable for any indirect, incidental, or consequential damages arising from:

  • Temporary website downtime or server outages.
  • Loss of leads, revenue, or business opportunities.
  • Data loss due to third-party hacking or software failure.
  • Changes in search engine rankings (SEO).

12. Privacy Policy

We respect your privacy. Please review our Privacy Policy to understand how we collect and use your data.

13. Governing Law

These Terms shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Nassau County, New York.

14. Contact Us

If you have questions about these Terms, please contact us at:

  • Email: tobaydigital@gmail.com