Terms of Service

Tuna Killer Web is the trading name used for the services offered through tunakillerweb.com. The individual or legal entity identified as the service provider in your accepted order or written service proposal is your contracting provider and is referred to as "we," "us," or "our." We will provide that provider's legal name and business mailing address before asking you to accept an order or make payment.

"You" means the customer identified in the order. You must be at least 18 and have authority to enter into the agreement. If you order for a business, you represent that you can bind that business. Our services are intended primarily for business use; nothing in these Terms removes protections that applicable law gives a particular customer.

The agreement is formed when you affirmatively accept these Terms through a clearly identified checkout control, sign an order incorporating them, or expressly accept them in another written communication, and we accept your order. An inquiry, request for a call, or visit to the website alone does not purchase a service or authorize recurring charges. We will provide a confirmation you can retain.

An accepted order controls a specific variation only when that variation was clearly identified and agreed before purchase. Otherwise, our Refund and Cancellation Policy controls refunds, cancellation, and service-end handoff; our Privacy Policy explains personal-information practices; and these Terms govern the remaining service relationship. Mandatory legal rights always control.

We build branded charter websites with trip details and a layout designed for mobile booking or inquiries. The agreed package can include content migration, setup of a compatible booking system, a captain's log, hosting, and ongoing site care. We confirm the deliverables and provider compatibility before work begins.

Your order identifies the pages and features, content to be migrated, booking provider, included revisions, launch arrangements, and ongoing support or update allowance. Site care covers the hosting, maintenance, corrections, and content changes expressly included in that scope. Additional pages, redesigns, extensive copywriting, custom applications, new integrations, advertising, and services outside the agreed allowance require a separate quote.

We will explain any material platform or export limitation that affects your agreed requirements. If an essential requested integration cannot be provided, we will discuss an alternative for your approval or apply the remedies in our Refund and Cancellation Policy. We do not substitute a materially different service without your agreement.

A change to scope, price, or an agreed deadline requires written agreement, which may be by email. We will not charge for additional work merely because it was discussed. Undisclosed limitations or additional fees do not become part of your order after purchase.

You will provide the trip descriptions, prices, availability, photographs, branding, account invitations, and other materials reasonably needed for the agreed work. Designate an authorized contact and give consolidated feedback and approvals. We will tell you what is needed and explain material effects of missing information on the schedule.

A stated production estimate begins when the agreed scope, required payment, necessary materials, and working access are in place, unless your order provides otherwise. A guaranteed deadline must be expressly identified in the order. We will honor an agreed deadline or promptly explain a material delay and the available remedy; these Terms do not turn an express delivery promise into an unrestricted estimate.

Review the site before launch, including prices, dates, links, booking settings, forms, and customer-facing policies. We will seek your approval before publishing the initial site, unless your written instructions expressly authorize publication without another approval. Silence alone is not approval or a waiver of a defect.

Corrections needed to bring our work into the agreed scope are handled under that scope and the Refund and Cancellation Policy. Requests for a different design or additional functionality may require a change order. If necessary materials or approvals remain missing after a written reminder, we may pause the affected work and discuss a revised schedule. A pause does not automatically forfeit your setup payment or authorize undisclosed charges.

All prices are in U.S. dollars. The standard charges are:

Booking software subscriptions, your customers' payment-processing charges, advertising, domain costs not expressly included, and custom integrations are separate. We will identify any required third-party purchase before you authorize it. Applicable taxes and the total amount payable to us are disclosed before payment; we do not add an undisclosed mandatory service or handling fee.

Stripe handles our checkout. By providing a payment method and affirmatively approving the displayed charges, you authorize the disclosed initial payment. Recurring payments require the separate express authorization described below. You must be authorized to use the payment method and keep billing information current. We do not acquire ownership of your bank account or payment credentials.

If payment fails, we may retry the authorized amount through Stripe and will notify you about the outstanding payment. If it remains overdue seven calendar days after our notice, we may suspend the affected service or end the plan. We will not create new monthly charges while the entire monthly service is suspended. Charges and any prepaid adjustment will reflect the service provided and our Refund and Cancellation Policy. No future monthly fees are accelerated.

We do not impose a late fee, collection surcharge, or reactivation charge unless it was lawfully disclosed and expressly agreed in advance. Contact us about a suspected billing error. You retain your legal rights and any rights available through your bank or payment provider; a refund request or charge dispute does not require you to waive those rights.

Renewal authorization. The monthly plan renews automatically for successive monthly periods until canceled. Before enrollment, we will show the recurring amount, subscription start date, billing frequency, next renewal date, and cancellation method and obtain your express affirmative authorization. Accepting these Terms alone does not replace that authorization.

The first monthly period starts on the date disclosed in your order. If that date is checkout, monthly services begin during project preparation and the next charge is not postponed until public launch. Any later start must be stated before payment. Renewals occur on the same calendar day each month, or the month's final day when that day does not exist, unless a different schedule is clearly disclosed and accepted.

We will send an order acknowledgment containing the billing and cancellation terms and an annual reminder identifying the service, recurring amount, billing frequency, and cancellation method. A different minimum term, promotional arrangement, or billing interval requires separate clear disclosure and agreement.

How to cancel. Email thetunakiller@gmail.com with a clear request to cancel and your website address or account email. You may also call (949) 903-3788. No particular subject line, explanation, appointment, retention conversation, or refund approval is required. We will provide an accessible online cancellation method for online enrollment, which may be a direct cancellation control or a preformatted cancellation email.

Cancellation stops future renewals based on when we receive your request. Cancel before the next renewal is due to avoid that charge. Service continues through the paid period unless you request an earlier end. We will confirm the cancellation and end date; waiting for confirmation does not delay cancellation. A cancellation does not depend on resolving an outstanding balance.

Refunds. The Refund and Cancellation Policy applies in full. It provides a full setup refund before work or approved expenses begin, refunds of unearned setup amounts after work begins, and remedies for agreed work not delivered or reasonably usable. Completed setup is not refundable solely because you change your mind or cancel the monthly plan.

Unused days in a monthly period are ordinarily not refunded when you choose to cancel. We refund later periods that will not begin, duplicate or incorrect charges, renewal charges taken after a timely cancellation, and prepaid amounts attributable to service we end early or materially fail to provide, as that policy explains. A refund request cancels the plan only if it also asks for cancellation. Nothing here narrows that policy or a remedy required by law.

Hosting and connected features depend on the platforms, subscriptions, and compatible accounts identified for your project. A booking layout can direct visitors to a booking provider or collect an inquiry; it does not necessarily reserve a trip or take payment unless those functions are included and configured.

You remain the operator of your charter or other business. You are responsible for your availability, prices, passenger communications, trip fulfillment, cancellations, customer refunds, taxes, permits, insurance, safety, and other operating obligations. Unless separately agreed in writing, we do not operate your trips, sell them as principal, or hold your customers' booking funds.

Booking and payment providers control their own account approvals, terms, availability, processing charges, security requirements, disputes, and payout decisions. You must maintain the required approved accounts and subscriptions. Their requirements may change. We remain responsible for performing our own agreed configuration work with reasonable care; their involvement does not excuse a failure in our agreed work.

We will use reasonable care in maintaining services within our control and communicating known material interruptions. Maintenance, internet failures, security incidents, or provider changes can interrupt service. Any promised uptime, backup frequency, restoration commitment, or emergency support must be identified in your order. Keep your own copies of important content and business records. Our refund and other express obligations still apply when a material paid service is not provided.

You retain responsibility for the factual accuracy and lawfulness of the business information you supply or approve. Tell us promptly when prices, availability, contact details, policies, or other important information change. We will make included updates according to the agreed site-care scope.

You must have the rights and permissions needed for the materials and instructions you provide, including photographs, logos, text, customer information, and content migrated from an old site. Paying a previous designer or finding material online does not necessarily establish permission to reuse every element.

You grant us permission to host, reproduce, format, adapt, and display those materials only as reasonably needed to perform the agreed services and authorized publication. Use limited-permission account invitations or a separately arranged secure method for access. Do not send passwords, complete payment-card details, or unnecessary sensitive records in ordinary inquiry notes.

Do not use the service for unlawful or deceptive activity, unauthorized access, malware, infringement, unlawful harassment, or unsolicited messaging that violates applicable requirements. You are responsible for the notices and permissions required for your business's forms, bookings, and marketing instructions. Each party remains responsible for the legal obligations that apply to its own conduct.

Domains and accounts. A domain you own remains yours. Your order identifies any domain we arrange for you, the registrant, renewal responsibility, and included fees. A provider's subdomain is subject to that provider's terms and is not a domain registration we transfer to you. You are responsible for renewals and accurate registration information unless your order expressly assigns that task to us.

Where appropriate, booking, payment, domain, and other business accounts should be registered in your business's name and remain under your control, with delegated access for our work. We will reasonably assist with returning administrative control or transferring a domain we manage for you, subject to registrar verification, transfer locks, and applicable rules. Changing hosting does not always require changing registrars.

We will not withhold materials you supplied or control of a domain or account you own solely because of a billing dispute. Our internal business accounts, master platform accounts, and other customers' information are not included in your purchase.

Your materials and paid work. You retain your existing rights to the content, photographs, logos, records, and other materials you supply. For custom deliverables we own and create specifically for your project, payment in full of the agreed fees for those deliverables gives you a perpetual, worldwide, royalty-free, nonexclusive right to use, copy, modify, publish, and host them for your business, including through a replacement service provider. Cancellation does not revoke rights already granted for paid work.

Our preexisting tools and reusable components remain ours. Your continuing rights include using, maintaining, and modifying our own components incorporated into the paid deliverables as part of your website. Third-party software, fonts, stock media, plugins, open-source components, and platform services remain subject to their applicable licenses and may require separate payments or replacement services.

These Terms grant the stated continuing use rights; they do not transfer every copyright or provider-owned asset. Any broader ownership assignment must be expressly documented in a written agreement signed by the rights owner or its authorized representative. We will honor an ownership transfer expressly agreed in your order.

We may use AI-assisted tools in producing deliverables and will review and adapt the work for the agreed project. Some generated elements may resemble other material or may not qualify for exclusive copyright protection. We grant only rights we have authority to grant and do not promise exclusive rights in every AI-generated or third-party element.

Hosting, maintenance, and features supplied through the monthly plan end on the service end date. A site we host may go offline then, and dependent forms, bookings, email, databases, or automations may stop. Arrange replacement services in advance if you want continuity. Canceling our plan does not cancel subscriptions you pay directly to other providers.

At your request, we provide one standard handoff of your content, available business data, and paid website files we can legally and technically export, at no additional handoff fee. Available source files are included where they form part of your paid deliverables. We will identify material transfer limitations and the accounts or services you need to replace.

Request files before service ends whenever possible. Eligible files remain available for 30 calendar days after the end date, and the standard handoff is provided within 10 business days of your request. If you request it within that retrieval period, we retain the requested eligible files until the handoff is completed. Retrieval does not extend live hosting or access to our platform accounts.

Exporting files does not automatically recreate a working site on another platform or transfer every database, session, integration, subscription, or account. A supported project transfer may be used when appropriate, but no particular platform transfer is guaranteed. Rebuilding, configuring replacement services, or additional migration requires your approval of its scope and price. These additional services are not a condition of receiving the standard handoff.

After the retrieval period, operational copies may be deleted under our Privacy Policy, subject to a timely requested handoff and lawful retention. Restoration may not be possible. Your rights to paid work and your own accounts continue as described above.

Our Privacy Policy explains inquiry information, payments, project files, analytics, communications, retention, and privacy requests. Accepting these Terms does not itself enroll you in marketing emails or automated promotional texts.

We use nonpublic project materials to provide the agreed service and restrict access to people and providers with a legitimate service-related need. We do not publish private onboarding information or use identifiable private project materials in our portfolio without authorization. We handle confidential materials and AI processing consistently with our Privacy Policy.

For personal information processed on behalf of your business, we follow the agreed service instructions and any required data-processing agreement. You remain responsible for your business's visitor-facing privacy notices and instructions; we retain our own legal duties. We will reasonably cooperate in routing and handling relevant privacy or security requests.

You may stop setup work or cancel the monthly plan by the methods above. The Refund and Cancellation Policy determines the earned charges, refunds, and service end date. No minimum monthly commitment or early cancellation fee applies to the standard plan.

We may end an ongoing service for business reasons by giving at least 30 calendar days' written notice. If either party materially breaches the agreement, the other may end the affected service after written notice describing the breach and 10 calendar days to correct it, unless a longer reasonable cure period is agreed. The separate seven-day notice rule above applies to overdue payment.

We may suspend affected access or remove affected material sooner when reasonably necessary to address an immediate security threat, unlawful activity, a serious risk to another person's rights, or a legal or binding provider requirement. We will limit the action to what is reasonably necessary, explain it as soon as legally and practically permitted, and reasonably consider restoration when the issue is resolved.

Termination stops future renewals. We refund prepaid amounts attributable to service not provided and unearned setup amounts as required by the Refund and Cancellation Policy. You remain responsible for valid earned charges and third-party expenses you authorized; unearned future monthly fees do not become due. Suspension does not automatically forfeit payments or eliminate refund, domain-control, paid-work, or handoff rights.

We will not suspend or terminate solely because you make a good-faith privacy request, seek a lawful refund, or exercise another protected right. Clauses concerning accrued payments, continuing use rights, confidentiality, lawful retention, liability, and dispute resolution survive only to the extent needed to give them effect.

We will email your account contact about a material change to recurring prices, included services, or these Terms before it affects your plan. The notice will identify the change, effective date, and cancellation method. Keep your contact information current.

For a recurring price change, we will send notice 30 calendar days before the first billing date at the new price. If we announce it earlier, we will also send notice within the 7-to-30-day period before it takes effect. For other material changes that reduce included services or affect cancellation or refund rights, we will ordinarily provide at least 30 calendar days' notice.

You may cancel before a change takes effect without an additional cancellation fee. We will obtain your affirmative written or electronic agreement to a change in your recurring price or other material contractual terms, in addition to any consent required by law, before applying it to your plan. If you do not accept, the existing terms continue unless you cancel or we end the service using the notice and refund provisions above. Existing fixed project prices and expressly guaranteed rates are honored for the agreed term. Merely posting revised Terms does not change an existing agreement without the required notice and acceptance.

Urgent security, legal, or third-party platform changes may require faster action. We will explain the change as soon as reasonably possible. If we permanently discontinue a prepaid service or materially reduce it during a paid period and you end the affected service, we refund the prepaid amount attributable to service not provided. Changes apply prospectively and do not reduce rights arising before their effective date.

We will perform the agreed services with reasonable care and skill and substantially in accordance with the accepted scope. Our express delivery, correction, refund, confidentiality, and handoff commitments remain in effect.

We do not guarantee a particular number of bookings, revenue, search ranking, conversion rate, provider approval, uninterrupted operation, universal compatibility, or absolute security. Results depend on your offer, operations, content, customers, and systems outside our control.

Except for our express commitments and warranties that applicable law requires, we disclaim additional implied warranties, including merchantability and fitness for a particular purpose, to the extent legally permitted. This clause does not excuse failure to deliver the service you purchased or reduce remedies in our Refund and Cancellation Policy.

An event beyond a party's reasonable control may justify a reasonable delay while that party gives notice and takes reasonable steps to reduce the impact. It does not create a right to retain payment for a material service not provided, eliminate a required refund, or excuse a legal obligation that cannot be waived.

Excluded losses. Subject to the exceptions below and to the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the agreement, including consequential lost bookings, profits, revenue, or business opportunities, even if advised of their possibility.

Financial limit. Subject to the same exceptions, our total liability for claims arising from the same or related events concerning the services will not exceed the greater of $1,000 or the fees you paid or properly owed us for the affected services during the 12 months immediately before the first event giving rise to those claims. Properly owed fees means charges already earned or due under the agreed order, not hypothetical future renewals.

Exceptions. Both the exclusions of particular damages and the financial limit do not apply to fraud, gross negligence, willful misconduct, willful injury to a person or property, or any liability applicable law does not permit the responsible party to exclude or limit. They do not reduce refunds expressly due under our Refund and Cancellation Policy or our obligations to deliver or transfer materials and rights you have paid for.

Nothing in these Terms limits a nonwaivable consumer right, statutory privacy remedy, or other mandatory protection. The limitations apply only to the extent the relevant law permits in the circumstances.

You will reimburse us for reasonable, documented defense costs and damages finally awarded, or settlements you approve, only to the extent a final court judgment or a written agreement between us establishes that the third-party claim resulted from materials you supplied without the required rights or your unlawful publishing instructions. This responsibility does not cover our own negligence, unauthorized alterations, independently created materials, or other conduct for which we are responsible.

We will give prompt notice of a claim, allow reasonable participation in its handling, and cooperate in the defense. Late notice reduces your responsibility only to the extent it materially prejudices you. Neither party may agree to a settlement imposing an admission, payment, or nonmonetary obligation on the other without that party's prior written consent. This section does not create a separate duty to assume or fund the other party's defense as a claim proceeds unless separately agreed in writing.

California law governs the agreement, except where applicable law requires otherwise. This choice does not deprive a customer of mandatory protections that apply under the law of another jurisdiction.

If a dispute arises, either party may send a written description and proposed resolution to the other. We encourage a good-faith effort to resolve it over the following 30 calendar days. This process is voluntary and does not prevent urgent relief, a timely court filing, a payment dispute, a regulatory complaint, or access to small claims court.

The parties consent to the nonexclusive jurisdiction of California state and federal courts for service disputes, subject to the court's jurisdiction and mandatory venue rules. An eligible claim may be brought in a small claims court with proper jurisdiction. These Terms do not require arbitration, waive a jury or class-action right, or shorten a legal filing deadline.

The accepted order and the policies identified above form the agreement for the purchased services. A waiver or amendment must be clearly agreed in writing; a delay in exercising a right is not a waiver. If a provision cannot lawfully be enforced, the remaining provisions continue to the extent the agreement can still operate lawfully.

We provide services as an independent contractor. Neither party may bind the other to a third-party obligation without authorization. Neither may assign the service agreement without the other's reasonable consent, except in a business sale or reorganization where a successor assumes the obligations and customer rights are preserved. Using a replacement provider under the paid-work license does not require an assignment of this service agreement.

Send written service, billing, cancellation, refund, and legal notices to thetunakiller@gmail.com. Include your name, account email or website, and enough information to explain the request. You may call (949) 903-3788 for assistance; a call or appointment is not required for a written notice.

We send contractual notices to the contact details in your order. The provider's legal name and business mailing address are supplied with that order before acceptance. Ordinary email notice under these Terms is not an agreement to accept formal service of a lawsuit by email.

Business days are Monday through Friday, excluding U.S. federal holidays. Contact us if you need these Terms or assistance with the request process in an accessible format.