Fifth Ave Web

1. Who these terms are with

These terms are a contract between you (“the client”) and Fifth Ave Web, a sole proprietorship operated by Faris Brni in Hamburg, Germany. They apply from the moment you confirm a project in writing (email is enough) until both sides have performed all obligations under this agreement.

2. What we deliver

Fifth Ave Webdesigns and builds a custom website for the client under the “Custom website” package, which includes:

Custom design and development for up to five pages.
Mobile-optimised, fast-loading, search-engine-ready build (metadata, sitemap, indexing).
One contact form and standard third-party integrations.
Connection to a domain you provide, or a new one we register for you at cost.
First-draft delivery within 48 hours of project kickoff.
Unlimited revisions during the build week.

Anything outside this scope (additional pages, online stores, custom integrations, multilingual builds, etc.) is quoted as an add-on before work begins.

3. Fees and payment

The base fee is $2,499 USD for the one-time build, payable in full on acceptance of the first draft. The build alone includes no hosting, change requests, or AI receptionist. Optional Site Care is $49 / monthand includes hosting and change requests. The AI receptionist is an option on Site Care; with it, Site Care is $79 / month. Site Care is billed via Stripe on the first of each month. The studio is operated as a small business under §19 UStG; VAT is therefore not collected on invoices to either US or EU clients.

AI receptionist usage. The receptionist includes about 250 conversations a month (2,000,000 AI tokens). The allowance resets every billing month. If usage ever reaches 10× the allowance in a month, the receptionist pauses until the next billing month.

Late payments more than 14 days overdue may incur statutory interest (§288 BGB) and a flat reminder fee of €40 per §288 (5) BGB.

4. 14-day money-back guarantee

If, within 14 days of the site going live, you are not happy with the result, you may request a full refund of the one-time fee in writing to faris@fifthaveweb.com. The site, design assets, and any code we produced will then be de-published. After day 14, the one-time fee is non-refundable. The monthly plan is always pro-rated to the day of cancellation.

5. Ownership and licensing

On full payment, you own the website outright — the design, the code, the content, and the domain. Fifth Ave Web retains a non-exclusive licence to display the work in its portfolio, case studies, and marketing materials. You may opt out of portfolio use at any time in writing.

You retain ownership of all materials you provide (logos, text, photographs). You confirm that you have the right to use those materials and indemnify Fifth Ave Web against third-party claims relating to their use.

6. Revisions after launch

Both Site Care plans include change requests handled one at a time — text changes, image swaps, or simple layout edits. Send the next request once the previous one is live. Larger changes (new pages, new features, redesigns) are quoted separately, at $99 / hour or as a fixed add-on.

7. Cancellation

You may cancel the monthly plan at any time with effect from the end of the current billing month. Past invoices remain payable; future invoices stop. The site itself remains live and yours, independent of the monthly plan; only the bundled updates, managed hosting, and (if on) the AI receptionist stop. If you wish us to hand over hosting, we will migrate the site to your own provider at no extra charge within five business days.

8. Confidentiality

We treat anything you share with us during the project as confidential. We will not disclose, sell, or share your business information, unpublished content, or strategy with any third party, except where required by law.

9. Limitation of liability

To the extent permitted by law, Fifth Ave Web’s aggregate liability under or in connection with this agreement is capped at the total fees paid by the client in the twelve months preceding the event giving rise to the claim. We are not liable for indirect or consequential losses (lost profits, lost revenue, lost data). Nothing in these terms limits liability for wilful misconduct, gross negligence, or any liability that cannot be excluded under German law (including injury to life, body, or health, and claims under the Product Liability Act).

10. Force majeure

Neither party is liable for delay or failure caused by events outside reasonable control: natural disasters, war, strikes, government action, or large-scale infrastructure outages. The affected party will notify the other promptly and use reasonable efforts to resume performance.

11. Governing law and jurisdiction

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumer clients, the mandatory consumer-protection provisions of your country of habitual residence remain unaffected — including, for US consumers, any non-waivable rights under the law of your state of residence. The non-exclusive place of jurisdiction for business clients is Hamburg, Germany.

12. Severability

If any provision of these terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by one that comes as close as possible to the original intent.

13. Changes to these terms

We may update these terms from time to time. The version in effect at the start of your project governs that project for its duration. Material changes are announced by email to active clients.