Version 1.3 · 2 November 2026

These Terms of Service are the terms of our Client Services Agreement, version 1.3. You accept them when you tick the box at checkout and complete your purchase, or when you sign an Order Form. In these terms, “this Agreement” means these Terms of Service together with your order or Order Form, which sets out your package, price and dates.

01Parties

This Agreement is between The Pepper Agency LLC, a limited liability company registered in Delaware, United States (“we”, “us”, “Pepper”), and the business named on the Order Form or in the order placed at checkout (“you”, “the Client”).

It takes effect on the earliest of the date you sign the Order Form, the date you accept these terms at checkout, or the date we receive your payment.

You confirm that you are entering into this Agreement for business purposes and not as a consumer, and that the person accepting it has authority to bind your business.

02What we provide

2.1 The Pepper Build

A complete website, designed and built to your brand. Your site may be based on our own templates and design system, adapted to you. It comprises:

• All essential pages agreed in your project brief
• Integration and styling of your Qualiphy Quidget telemedicine plugin
• WooCommerce store configuration, including products and checkout
• Mobile responsive layouts and performance optimisation
• Technical and on-page SEO, including schema markup
• Conversion copywriting on key pages
• Two rounds of revisions, as defined in clause 6

Every build includes a monthly plan, Pepper Care or Pepper Growth.

2.2 Pepper Identity (optional add-on)

A brand identity created for you and applied across your build: primary logo, secondary mark and favicon, a full colour palette with usage rules, a type system, and imagery direction. Available only alongside a Build.

2.3 Pepper Care

A monthly plan covering managed hosting, software updates and maintenance, security monitoring, daily backups, performance tuning, and technical support. We aim to respond to support requests within one business day (Monday to Friday). If your site is down or your checkout is not working, we treat it as an emergency and act as quickly as possible, including outside business days. Response times are targets, not guarantees.

2.4 Pepper Growth

Everything in Pepper Care, plus technical and on-page SEO, content production, analytics and reporting, conversion optimisation, and priority support. Each month this includes:

• Two blog articles of about 800 words, written for search and approved by you before publishing
• An SEO check and fixes, covering broken links, page titles and descriptions, speed and indexing
• A report on traffic, top pages, where visitors come from, and search ranking progress
• One conversion improvement, such as a stronger call to action, a new FAQ or a layout change
• Up to 2 hours of content changes, such as new products, price updates or new images

Unused work does not carry over to later months. Further work is quoted at our hourly rate (clause 3). Growth support requests are handled ahead of standard requests. Content we write is published only after you approve it (clause 10.4).

2.5 Your project brief

After purchase we send you an onboarding form to complete, or arrange a 30-minute video call to go through it with you. Together with the short brief you complete at checkout, this is your “project brief”. It tells us about your brand, your treatments and how you want the site to work. The brief informs the design work but does not change this Agreement. Anything outside the package you have bought is quoted separately and must be agreed in writing.

2.6 What is not included

Unless your Order Form says otherwise, our services do not include legal, regulatory, clinical or tax advice; drafting your privacy policy, terms, telehealth consent or other legal documents; medical review of content; paid advertising management; photography; email hosting; or the fees of third-party services you use.

03Fees

All prices are in US dollars and exclude any applicable taxes. The prices applying to you are those shown at checkout or stated on your Order Form.

Where twelve months of a plan are paid upfront, the build fee is reduced from $799 to $399. The twelve months start on the day your site goes live, and the plan price is fixed for that term. At least 30 days before the paid term ends, we will email you to ask whether you want to renew for another twelve months upfront. If you do not reply, the plan continues at the standard monthly rate, billed monthly, unless cancelled under clause 13.

An expedited build is available subject to our availability and is quoted separately.

Work outside the scope of your package, including additional pages, further revision rounds, or reconfiguring your site on infrastructure we do not manage, is charged at our hourly rate of $75. We always quote before starting, and nothing is charged without your agreement.

You pay directly, in your own name, for the third-party services your business uses. These include your domain, Qualiphy, your payment processor, email, and any paid software you ask us to add beyond what your plan includes.

04Payment

• Build and add-on fees, and any plan paid upfront, are payable in full before work begins, and we do not begin work until payment has cleared
• Unless paid upfront, monthly plans are not charged at the point of purchase. The first payment is taken on the day your site goes live, and monthly on that date after that, until the plan is cancelled under clause 13
• Monthly plans are billed through our payment processor, Stripe. By setting up a plan you authorise us to charge your chosen card or bank account each month until the plan ends. You can update your payment details at any time through the billing link we send you
• Build and add-on fees are non-refundable once we have received your project brief and started work. See clause 15
• You are responsible for any sales or similar taxes on our fees, other than taxes on our own income
• If you dispute a valid charge with your bank or card issuer without first raising it with us, that is a breach of this Agreement and we may suspend services under clause 14

05Timelines and what we need from you

Timelines depend on your project and on how quickly we receive your completed project brief and all required materials. We give you an estimated launch date once your completed brief is in. The week begins then, not at the point of purchase. Timelines are estimates, not guarantees, and depend on how quickly you provide what we need and respond to review requests. If you are late providing materials or feedback, the delivery date moves back accordingly.

You agree to provide, promptly and in usable form:

• A completed project brief
• Brand assets, imagery and any copy you are supplying
• Your Qualiphy account details and API key, shared securely
• Access to your domain, payment processor and any third-party services we need to connect
• Your legal pages, or confirmation that we should publish clearly marked placeholders
• Timely feedback and approvals

If materials are outstanding for more than 30 days after we request them, we may release your build slot and reschedule your project to our next available date. Fees already paid remain valid and are applied to the rescheduled build.

If Qualiphy or your payment processor declines, restricts or closes your account, the build fee does not become refundable, and any rework needed is quoted separately.

06Revisions and sign-off

Your build includes two rounds of revisions. A round means one consolidated set of changes, collected and sent to us together, covering copy, imagery, colours, layout adjustments and corrections.

Changes that alter the agreed scope, such as additional pages, a different brand direction, or new functionality, are not revisions and are quoted separately. Further revision rounds are available at our hourly rate.

When the build is ready, we ask you to approve it for launch. The build is complete when you approve it, or 7 days after we deliver the final revision round if you have not reported any errors by then. Your approval is final approval of the content, claims, designs, prices, product and medical information and legal pages on your site. From approval, they are your responsibility, and we are not responsible for errors in material you have approved.

07Ownership and licence

On full payment, you own the text and imagery created specifically for your site, and all brand assets created for you under Pepper Identity.

Your site may be built using our templates, layouts, design system, reusable components, code, workflows and know-how, including any improvements we make to them while working on your site (“our materials”). We keep ownership of our materials and may use them for other clients, including clients in your industry. On full payment, we grant you a permanent, non-exclusive, royalty-free licence to use our materials as part of your website, including after your plan ends.

Your domain is registered in your name and remains yours throughout. You receive administrator access to your own site and may edit your content and pages at any time.

You retain ownership of everything you supply to us. You confirm that you have the right to use it and that our use of it on your instructions will not infringe anyone else’s rights. This includes logos, imagery, fonts, copy, testimonials and product information.

Nothing in this Agreement transfers ownership of third-party software, themes, plugins or fonts, which remain subject to their own licences. Premium software licensed to us is provided while your plan is active. If your plan ends, you may need to buy your own licences.

08Hosting, access and tools

Where your plan includes hosting, your site runs on infrastructure we manage, provided by a third-party hosting company. Your site is a separate installation with its own database, files and users. Server resources may be shared with other sites we host, and we may move your site to a different server or hosting plan to maintain performance.

We each hold our own administrator account. Please do not share login credentials, and do not deactivate the plugins we use to maintain and support your site, as doing so prevents us from working on it.

We use maintenance, security and connection tools to build, maintain and support your site, including automated and AI-assisted tools. These have administrator access to your site. Access is limited to our team and the tools we use to deliver the services, and we remove it when your plan ends.

We keep daily backups while your plan is active. Backups are a safeguard, and we cannot guarantee that every backup can be restored. If changes you make cause a fault, we will restore from backup where possible. Substantial remedial work arising from changes made by you or a third party may be chargeable. Please contact us before installing plugins or running major updates yourself.

09Qualiphy and Quidget

We integrate, configure and style the Qualiphy Quidget plugin within your site. The Qualiphy account, its terms, its fees and the clinical service it provides are yours and are contracted directly between you and Qualiphy.

We are not responsible for the availability, pricing, clinical decisions, provider network or pharmacy fulfilment of the Qualiphy platform, nor for changes Qualiphy makes to it. Where such changes require work on your site, we will carry it out under your plan where it falls within scope, or quote for it where it does not.

10Compliance and responsibilities

We provide web design and digital services only. We are not a healthcare provider, we do not give clinical, regulatory or legal advice, and we take no part in the provision of medical care. We do not sell, prescribe, dispense or promote any medication or treatment, and we are not a party to any sale between you and your patients or customers. Clinical, regulatory and legal compliance remain your responsibility and that of your professional advisers.

10.1 What we do when we build your site

• Set up your site so that telehealth consultations run within Qualiphy, and not build forms on your site that collect health information
• Configure your checkout to accept orders only from the states you confirm to us in writing
• Leave advertising and analytics tracking off your consultation, treatment and checkout pages
• Publish statistics only where you have provided a source, and cite it
• Make reasonable efforts to follow the WCAG 2.1 level AA accessibility guidelines on the pages we build

These steps reduce risk. They do not make your site compliant with any law. Once your site is live, changes made by you or anyone you authorise, including tracking codes, forms, plugins and content, are your responsibility.

10.2 What you are responsible for

• Your products, services, prices, clinical care and fulfilment, and complying with every law, regulation and professional rule that applies to them, including federal and state rules on telehealth, prescribing, compounding, pharmacy and the corporate practice of medicine
• Holding every licence, registration and certification your business needs, including LegitScript where applicable
• Confirming your licensed states in writing, and telling us promptly if they change
• Making sure all treatment claims, product descriptions, before-and-after images, testimonials, prices and disclaimers on your site are accurate, substantiated and reviewed by your own counsel, including under FTC and FDA rules
• Your privacy policy, terms of service, telehealth consent, refund policy and cookie notices, or instructing us to publish clearly marked placeholders pending your attorney’s input
• Complying with the privacy, health data and marketing laws that apply to you, including HIPAA where relevant, state consumer health data laws, and email and text message marketing rules
• Your accounts with Qualiphy, your payment processor and other third parties, and following their terms, including any restrictions on what you may sell
• Not asking us to publish content you know or suspect to be inaccurate, unlawful or non-compliant

10.3 Health information

Do not send us patient health information by email, chat, file share or any other channel, and do not ask us to collect it on your site outside Qualiphy.

Your site’s order records include customer names, contact details and the products bought, and the Qualiphy plugin may store further information on your site, such as date of birth, consultation and prescription status, and information sent back from Qualiphy. You and your counsel are responsible for deciding whether this is protected health information under HIPAA, and whether you need a Business Associate Agreement with us.

We do not sign Business Associate Agreements as standard. If your counsel requires one, tell us before you sign or pay. We will tell you whether we can enter into one, which may require different hosting and different fees. We are not obliged to do so.

10.4 Content we write for you

Under the Pepper Build and Pepper Growth we may draft copy, blog posts and other content. We write it from the information you provide and from general sources, not as medical or legal experts. Nothing is published until you approve it, and your approval means you accept responsibility for its accuracy and compliance. We may decline to write or publish any claim we consider unsupported or risky.

10.5 Our right to decline, remove or suspend

We may refuse to publish or remove any content or product, suspend your site, or end this Agreement immediately by written notice, if we reasonably believe that it or your business:

• Breaks the law or goes against a regulator’s guidance
• Markets products labelled “for research use only” for human use
• Breaches the terms of our hosting provider, payment processor or other suppliers
• May reasonably expose us, our contractors or our service providers to legal, regulatory, financial or reputational risk

Where we can, we will tell you first and give you a chance to fix the problem. If we end this Agreement under this clause, build and add-on fees are not refunded. If you paid for a plan upfront, we refund the whole months you have not used, unless we ended it because you breached this Agreement.

11Data and security

You own the data your site collects about your patients and customers, and you decide how it is used. We process it only on your instructions and to provide the services. We do not sell it or use it for any other purpose.

We take reasonable steps to keep your site secure under your plan, including updates, security monitoring and backups. No website can be made completely secure, and we do not guarantee that your site will never be hacked, infected or accessed without permission.

If we become aware of a security incident affecting your site, we will tell you without undue delay and help you investigate and restore the site under your plan. Notifying your patients, customers or regulators is your responsibility. Where the cause is outside our control, such as a compromised password of yours, a plugin you installed or a third-party service, substantial clean-up work may be chargeable.

12Indemnity

You will defend, indemnify and hold harmless The Pepper Agency LLC, its members and contractors against any claim, loss, fine, penalty, liability or cost, including reasonable attorney’s fees, arising from:

• Your products, services, clinical care, prescribing or fulfilment
• Content, claims, images or materials you supply or approve
• Your breach of any law, regulation, licence or third-party terms, including those of Qualiphy and your payment processor
• Your handling of patient and customer data, and any data incident not caused by our own negligence
• Instructions you give us to publish material against our advice
• Any breach of this Agreement by you

This indemnity does not apply to the extent a loss is caused by our own negligence, wilful misconduct or breach of this Agreement. We will tell you promptly about any such claim and cooperate reasonably in its defence.

13Plan term, notice and price

Monthly plans run month to month with no minimum term. Either of us may cancel by giving 30 days’ written notice by email. Cancelling a payment through your bank or card provider is not notice. Your plan, and the hosting and support within it, continue through the notice period, and fees remain payable for that period.

Where twelve months have been paid upfront, the paid term runs to its end date and is not refundable in part, except as set out in clauses 10.5 and 15. Notice given during that term takes effect at the end of it. Renewal works as set out in clause 3.

We may review plan prices once a year and will give you at least 60 days’ written notice of any increase. If you do not wish to continue at the new price, you may cancel before it takes effect.

14Non-payment

If a plan payment fails, we will contact you and attempt to collect again. If payment remains outstanding we will send a second written reminder, and if it is still unpaid 30 days after the due date we may suspend your site and pause support until the account is settled.

We will always warn you in writing before suspending a live site. Suspension does not cancel your plan or waive fees owed, and we retain your data and backups during suspension. Your site is restored once payment is received.

Overdue amounts accrue interest at 1.5% per month, or the maximum rate permitted by law if lower, from the due date until paid. You will pay any reasonable costs we incur in recovering unpaid fees, including collection and attorney’s fees.

15Ending this Agreement

Either of us may end this Agreement on 30 days’ written notice, subject to clause 13 for upfront terms, or immediately if the other commits a material breach and fails to remedy it within 14 days of being asked to. We may also end it immediately under clause 10.5.

When your plan ends, whatever the reason:

• Your site remains live on our hosting for 30 days after the plan ends, so you have time to move it, unless it has been suspended under clause 14 or removed under clause 10.5
• Once all fees owed have been paid, we provide a complete export: all website files, the full database, your media library and your page templates
• We will give reasonable assistance to you or your new host at no charge, limited to supplying the export and answering reasonable questions about it. Hands-on migration, troubleshooting or reconfiguration is chargeable at our hourly rate
• We remove our administrator accounts and our maintenance and connection tools
• We retain a backup for a further 30 days in case anything is missed
• After that period the site is removed from our hosting and the backup is deleted

Rebuilding or reconfiguring your site on infrastructure we do not manage, including reconnecting the Quidget integration, is chargeable at our hourly rate.

Once your site is no longer hosted by us, we are not responsible for its uptime, security, performance or continued functioning.

Build and add-on fees are non-refundable once we have received your project brief and begun work. If you cancel before we have started, we will refund the build fee less a reasonable administration charge covering work already done. If you paid for a plan upfront and this Agreement ends after we have started work but before your site goes live, we refund the amount you paid less the standard build fee of $799 and any add-on fees. If you end this Agreement because of our material breach, we refund the whole months of any upfront plan you have not used.

Clauses that by their nature should continue after this Agreement ends do so, including those on fees owed, ownership, confidentiality, indemnity and limitation of liability.

16Confidentiality

Each of us will keep the other’s confidential information private and use it only to perform this Agreement. This includes commercial terms, business plans, pricing, credentials and any non-public material shared during the work. It does not apply to information that is already public, independently known, or required to be disclosed by law. These obligations continue for three years after this Agreement ends.

17Portfolio and credit

Unless you tell us otherwise in writing, we may show your website in our portfolio, case studies and marketing, including screenshots and a description of the work. We will not disclose your confidential information, commercial results or any patient data. You may withdraw this permission at any time by writing to us, and we will remove the material within a reasonable period. This permission continues after this Agreement ends unless you withdraw it.

18Subcontractors and third-party services

We may use subcontractors and third-party services to deliver parts of the work, including hosting, backups, security, payment processing, email and software tools. We remain responsible for our own work, and we require subcontractors to be bound by confidentiality obligations no less protective than those in clause 16. Third-party services are provided under their own terms, and we are not responsible for their failures.

19What we do and do not warrant

We will perform our services with reasonable skill and care, in line with professional standards for our industry.

We do not warrant:

• Any particular level of search ranking, traffic, enquiries, conversions or revenue
• Uninterrupted or error-free operation, as no website or hosting service can be guaranteed to be free of downtime
• That your site will be free of security breaches
• The performance, availability or continued existence of third-party software and services, including Qualiphy, WordPress, WooCommerce, payment processors, plugins and hosting providers
• That your site complies with healthcare, advertising, accessibility or data protection law, which is a matter for you and your advisers

Except as stated in this clause, our services are provided “as is”, and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

20Limitation of liability

Neither of us is liable for indirect, incidental, special, punitive or consequential loss, including lost profits, lost revenue, lost data, lost goodwill or business interruption.

Our total liability arising out of or in connection with this Agreement, however it arises, is limited to the total fees you have paid us in the twelve months before the event giving rise to the claim.

These limits do not apply to your obligation to pay our fees or to your indemnity under clause 12. Any claim against us must be brought within one year of the event giving rise to it.

Nothing in this Agreement limits liability that cannot lawfully be limited, including liability for fraud or wilful misconduct.

21Disputes and governing law

If a dispute arises, we will each raise it in writing and try in good faith to resolve it between us within 30 days before taking any further step.

This Agreement is governed by the laws of the State of Delaware, United States, and the courts of Delaware have exclusive jurisdiction over any dispute arising from it.

22General

• This Agreement and the Order Form, or your order at checkout, together form the whole agreement between us and replace any earlier discussions or proposals
• Where they conflict, the Order Form or order prevails on price, package and dates, and this Agreement prevails on everything else
• Changes must be agreed in writing by both of us
• Neither of us is liable for failure caused by events beyond our reasonable control
• If any clause is found unenforceable, the rest of the Agreement continues to apply
• You may not transfer this Agreement without our written consent. We may transfer it to a successor to our business by giving you notice
• We are independent contractors. This Agreement does not create a partnership, employment or agency relationship
• Not enforcing a right straight away does not waive it
• This Agreement may be accepted electronically, at checkout or by e-signature, and may be signed in counterparts
• Notices must be given by email, to you at the address on your Order Form or order, and to us at hello@thepepper.agency

Questions about these terms: hello@thepepper.agency