Last Updated: September, 2026 · NextGEN Growth Solutions
1. General Information Only
The information, services, software, and content provided on this website and through our specialized digital services are delivered on an "as-is" and "as-available" basis for general business operational and informational purposes only. The Service Provider is operating as an independent individual professional sole proprietor and not as a registered Limited Liability Company (LLC) or corporation at this time. Nothing on this website constitutes a binding offer, guaranteed outcome, or contractual obligation unless expressly accepted through our Terms of Service, electronic acceptance, written approval, project authorization, or payment as described in our Terms of Service. The Service Provider accepts payments exclusively through the following authorized payment networks: PayPal, Cash App, Zelle, and Stripe. Payment through any of these platforms constitutes legal acceptance of the applicable Service Agreement.
2. No Guarantees of Performance or Revenue
We do not guarantee, warrant, or represent that the utilization of our website development, content creation, Google Business Profile management, search engine optimization (SEO), or social media management services will result in increased sales, commercial revenue, website traffic, search engine rankings, follower counts, or measurable business growth. Digital marketing outcomes depend entirely on independent third-party platform algorithms, external market forces, competitor activity, and client-provided assets — all of which are entirely beyond our control.
3. AI-Generated Content
Our services incorporate AI-assisted tools for content creation, image generation, video editing, and copywriting. All AI-generated content, automated recommendations, and AI-powered business insights delivered through our services must be reviewed and approved by the Client before publication or implementation. While we make reasonable efforts to ensure quality, accuracy, and brand alignment, AI-generated material may occasionally contain factual errors, inaccuracies, or stylistic inconsistencies. Final editorial responsibility for all published content remains exclusively with the Client.
4. Third-Party Services and Platform Risks
Our services integrate, interact with, and rely upon third-party infrastructure, including but not limited to hosting providers, domain registrars, Point of Sale (POS) systems, APIs, premium plugins, social media networks (such as Facebook, Instagram, TikTok, Quora, and Google), and authorized payment processors and digital payment platforms (including PayPal, Cash App, Zelle, and Stripe). We explicitly disclaim all liability for any server downtime, service disruptions, platform policy enforcement changes, algorithm updates, permanent account bans, profile suspensions, payment processor policy changes, transaction reversals initiated by third-party platforms, data breaches, or technical glitches caused by these external third-party systems. We are not responsible for the privacy practices, content, security posture, or service availability of any linked or integrated third-party platform.
5. Cybersecurity & Technical Liability Disclaimer
The Service Provider implements commercially reasonable, industry-standard security practices during the development, configuration, and maintenance of all websites and digital applications. However, no security measure is absolute, and all security-related representations are strictly limited to adherence to commercially reasonable, industry-standard practices — they shall never be interpreted as a guarantee of an infallible or hack-proof environment. We do not represent or warrant that your website, application database, hosted tools, or managed social media profiles will be immune to unauthorized access or cyber threats. We are absolutely not liable for:
- Website, server, hosting environment, business email, or social media profile hacking.
- Domain theft, unauthorized domain transfers, DNS hijacking, or hosting provider hardware failures.
- Total or partial data loss, malware infections, ransomware attacks, or malicious security breaches.
- Any financial losses, operational damages, or reputational harm resulting from unauthorized credential access.
- Server downtime, performance degradation, infrastructure outages, or shared server resource spikes caused by the hosting provider or third-party cloud infrastructure.
6. Pricing, Fees & Extra Services
All listed prices and packages represent standard inclusions only. Any additional or extra services requested outside of the standard package inclusions will incur additional fees and must be paid for separately prior to execution. Pricing for non-standard, custom, or scope-expanding services — including but not limited to Website Testing, advanced API integrations, advertising management, and SEO campaigns — requires a consultation to determine applicable costs. All additional charges will be clearly communicated and agreed upon in writing before any work commences.
7. Website Uptime & Service Availability
We do not guarantee uninterrupted availability of any website, web application, QR scanning system, custom accounting tool, or any other digital service we develop, host, or maintain. Downtime may occur due to hosting provider outages, scheduled maintenance windows, third-party service disruptions, high-traffic server overloads, or factors entirely outside our reasonable control. We will make commercially reasonable efforts to minimize disruption and restore services promptly.
8. Professional and Legal Limitation
The Client explicitly acknowledges that the Service Provider is not an attorney, licensed accountant, certified financial advisor, or licensed cybersecurity professional. No guidance, consulting, strategic recommendations, or structural setup provided during project development or ongoing service delivery constitutes legal, financial, tax, or professional compliance advice. Clients are strongly encouraged to consult qualified licensed professionals for any legal, financial, or regulatory matters related to their business.
9. Certifications & Credentials
References to certifications, training programs, educational achievements, university courses, or professional development activities displayed on this website are provided solely to demonstrate ongoing learning and professional development. Such references do not constitute endorsements from those institutions, do not guarantee specific business results, and should not be interpreted as promises of any particular outcome or performance level.
10. Cookie & Tracking Technologies
This website may use cookies, tracking pixels, web beacons, and similar browser-based technologies as described in our Privacy Policy. Essential technologies may operate as necessary for core website functionality. Non-essential analytics, advertising, retargeting, and behavioral tracking technologies remain disabled by default and are activated only after an explicit Accept choice. You may reject or later change your choice through Cookie Preferences without losing access to core website functionality.
11. Limitation of Liability
To the maximum extent permitted by applicable law, the Service Provider shall not be held liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages — including loss of business profits, loss of corporate revenue, data loss, or prolonged business interruption — arising from the use of, or inability to use, this website or any service provided herein. This limitation applies regardless of whether we have been advised of the possibility of such damages and regardless of the legal theory upon which the claim is based. Our maximum aggregate liability shall not exceed the total amount actually paid by the Client for the specific service giving rise to the claim.
Last Updated: September, 2026 · NextGEN Growth Solutions
We respect your privacy and are committed to protecting any personal data we collect and process. This Privacy Policy outlines how we collect, utilize, store, and safeguard data when you visit our website or acquire our digital services. Please review this policy carefully. Your use of our services is subject to the data practices described herein, including applicable consent requirements for non-essential tracking and marketing tools.
1. Information We Collect
We collect information that you voluntarily provide to us, as well as data automatically generated by your active web session:
- Personal & Business Data: Name, business entity name, email address, phone number, billing addresses, and social media account credentials (when explicitly provided by you for active service management).
- Analytical & Tracking Data: IP addresses, browser types, unique device identifiers, page navigation routes, session duration, referral sources, and total time spent on our site.
- Communication Logs: Full record of message history submitted via phone, SMS, contact forms, email, or direct messaging channels for service and support purposes.
- Payment Data: We do not store raw payment card details. Payment processing is handled by trusted third-party payment processors and digital payment platforms, including PayPal, Cash App, and Zelle, each of which maintains its own security, compliance, and privacy standards. We receive only transaction confirmation data necessary to fulfill and record your service agreement.
- Custom Application & QR Code Data: Data entered into Client-hosted Custom Accounting Web Applications, or data generated through Digital Menu QR Code systems, is processed solely for the purpose of operating the applicable software and supporting server infrastructure. This data is not used for external marketing purposes, shared with third parties for commercial gain, or accessed beyond what is operationally necessary to maintain system functionality on behalf of the Client, unless explicitly authorized by the Client or required by applicable law, court order, or legitimate security necessity.
2. Cookies, Pixels, and Tracking Tools
Our website may utilize cookies, web beacons, tracking pixels, and browser scripts — including tools such as Google Analytics 4, Meta Pixel, TikTok Pixel, and Quora Tracking Tools — to monitor user behavior, optimize system performance, and support targeted advertising campaigns where applicable and lawfully permitted.
Consent Requirement: Non-essential cookies and tracking tools — including analytics pixels, marketing pixels, retargeting scripts, and behavioral tracking — are treated as consent-dependent and will only be activated where a valid consent signal is recorded. Continued use of this website alone does not constitute a valid consent signal for non-essential tracking or advertising data processing. Essential cookies required for core site functionality (navigation, security, session management) operate as a technical necessity without requiring consent. You may modify your browser settings to manage, reject, or delete cookies at any time. Disabling non-essential cookies will not impair core website functionality.
- Essential Cookies: Required for core website functionality such as navigation, security, and session management. These cannot be disabled without affecting core features.
- Analytics Cookies: Collect anonymized data about visitor interactions (pages viewed, session duration, referral sources) used to improve content and performance.
- Marketing & Retargeting Pixels: Used by platforms such as Meta, TikTok, and Google to track cross-site behavior and deliver targeted advertising. These tools are activated only where a valid consent signal is recorded and remain disabled by default in all other conditions.
- Functional Cookies: Allow the website to remember user preferences and deliver enhanced, personalized functionality.
All tracking tools are operated on a purpose-limited, minimal, and non-intrusive basis. Marketing and advertising tracking is strictly separated from operational and analytical data use and will not be inferred from or combined with operational service data unless a valid consent signal is recorded and explicit authorization is confirmed.
3. How We Use and Process Data
We process collected personal and usage data for the following operational, analytical, and service-delivery purposes. Where a valid consent signal is recorded, data may additionally be used for marketing and advertising purposes as described in Section 2. We process data as follows:
- Deliver, maintain, protect, and continuously support our web development, content production, social media management, and business support services.
- Process and manage secure payments and handle monthly recurring service invoicing.
- Communicate project milestones, system maintenance windows, service updates, invoices, and relevant promotional offers.
- Schedule and manage client consultations, appointments, and calendar coordination.
- Identify, monitor, and eliminate malicious tracking attempts, security threats, and server infrastructure abuse.
- Improve our website, service offerings, and overall client experience based on aggregate usage analytics.
- Comply with applicable state and federal legal obligations.
- Operate and maintain Client-facing Custom Accounting Web Applications and Digital Menu QR Code systems. Data entered into or generated by these tools is processed solely to deliver the requested software functionality and maintain infrastructure performance. Such data is not monitored, analyzed, or used for marketing or external purposes beyond operational necessity, unless required by applicable law or authorized by the Client in writing.
4. Data Sharing and Third-Party Disclosures
We do not sell, rent, or lease your private personal data to any external third parties for commercial gain. We disclose data exclusively to trusted third-party service providers that are critical to executing our standard business operations, including:
- Payment gateway processors and digital payment platforms — including PayPal, Cash App, and Zelle — for secure transaction handling and payment confirmation.
- Web hosting providers, cloud infrastructure services, and domain registrars.
- Analytical platforms and marketing tools for performance tracking — activated only under consent conditions where applicable and lawfully permitted.
- Scheduling and calendar management tools for client appointment coordination.
- Judicial or regulatory authorities, if strictly required to comply with an enforceable subpoena, active legal dispute, or applicable state and federal laws.
All third-party providers we work with are expected to handle your data responsibly in accordance with their own privacy policies and applicable law.
5. Client Credential and Account Security
For clients purchasing social media management, Google Business Profile services, or custom POS system integrations, you may be required to share sensitive login credentials and access parameters. For payment transactions, the Service Provider uses authorized payment networks — PayPal, Cash App, Zelle, and Stripe — and does not collect raw credit card numbers, bank routing numbers, or online banking portal passwords through any channel. While we treat all client credentials with strict professional confidentiality, utilize secure credential management practices, and limit access on a strict need-to-know basis consistent with the Principle of Least Privilege, the client remains solely responsible for:
- Establishing and maintaining complex, unique passwords across all managed platforms.
- Keeping Two-Factor Authentication (2FA) continuously active across all channels.
- Flagging and initiating the revocation of access credentials upon service termination or suspected compromise, and rotating credentials as recommended by the Service Provider. The Service Provider will notify the Client to confirm credential revocation and recommend credential rotation but will not perform irreversible account-level actions without Client confirmation.
6. Data Retention
We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, maintain accurate business records, or as required by applicable Maryland state and federal law. Client project data, communication logs, and business records are retained for the duration of the service relationship and a reasonable period thereafter for legal, accounting, and business continuity purposes. You may request deletion of your personal data by contacting us directly, subject to any legal retention requirements.
7. Your Rights
You have the right to: request access to the personal information we hold about you; request corrections to inaccurate or outdated information; request deletion of your personal data where no legal obligation requires its retention; withdraw consent for marketing communications at any time; and request a copy of your data in a portable format where technically feasible. To exercise any of these rights, please contact us through the contact section of this website or call or text us directly.
8. Children's Privacy
This website and our services are not directed at, intended for, or designed to attract individuals under the age of 13. We do not knowingly collect, store, or process personal information from children under 13. In the event we discover or are notified that personal data belonging to a child under the age of 13 has been submitted without appropriate parental consent, we will immediately cease processing that data and take prompt steps to permanently purge it from all records, systems, and backups where technically feasible. If you believe a child has provided personal information to us without appropriate parental consent, please contact us immediately so we may take appropriate remediation action.
9. Data Boundaries & System Compliance Principles
The following structural principles govern how data is handled across all services, systems, and operational contexts:
- Consent-Dependent Tracking: All non-essential tracking, analytics pixels, advertising pixels, and behavioral analytics tools are disabled by default and activated only upon confirmed explicit user consent. Consent is never assumed from continued website use alone.
- Data Use Separation: Operational data (service delivery, billing, security), analytical data (aggregated performance metrics), and marketing data (promotional targeting) are strictly separated. Marketing permissions are never inferred from operational or support data.
- Commercially Reasonable Safeguards: The Service Provider applies commercially reasonable, industry-standard data protection safeguards and best-effort security practices based on current technical limitations. No absolute guarantee of data security is made or implied.
- No Autonomous Enforcement: Data-related compliance actions — including account flags, service suspensions, and data access changes — are escalated for human review rather than executed autonomously. The Service Provider operates as a compliance-aware service entity, not an autonomous legal enforcement system.
- Payment Data Boundary: Only transaction IDs, payment status metadata, and invoice references are processed internally. Raw card data, banking credentials, and financial authentication details are never collected, stored, or processed by the Service Provider.
10. Policy Updates
We may update this Privacy Policy periodically to reflect changes in our data practices, service offerings, or applicable legal requirements. We will post the revised policy on this page with an updated effective date. Continued use of this website or our services following any policy update constitutes your acceptance of the revised terms. We encourage you to review this policy periodically.
11. Contact Information
If you have any questions regarding this Privacy Policy, your personal information, your privacy rights, or wish to submit a privacy-related request, please contact us using one of the following methods:
NextGEN Growth Solutions
📱 Call or Text: (227) 278-6215
✉️ Email: contact@gonextgengrowthsolutions.com
📍 Charles County, Maryland, USA
Privacy-related requests will be reviewed and responded to within a commercially reasonable timeframe, subject to identity verification where appropriate and applicable law.
Last Updated: September, 2026 · NextGEN Growth Solutions
By accessing this website, engaging our services, or executing payment for any digital service, you agree to be fully bound by these Terms of Service and Comprehensive Service Agreement ("Agreement"). These Terms constitute a legally binding contract encompassing all pricing structures, package inclusions, service limitations, and client obligations. This Agreement supersedes all prior discussions, representations, or agreements, whether oral or written.
1. Definitions
- "Client" means the individual, business entity, or organization that engages or purchases services from the Service Provider.
- "Service Provider" means NextGEN Growth Solutions, an independent sole proprietor operating in Charles County, Maryland, USA.
- "Website" means any web page, single-page application, multi-page website, landing page, or web-based system designed, developed, or maintained by the Service Provider for the Client.
- "Custom Software" means any web application, accounting tool, QR code system, automation workflow, API integration, or database-driven tool developed by the Service Provider.
- "Monthly Services" means any recurring services provided on a subscription basis, including content creation, social media management, Google Business Profile management, QR code maintenance, and web application maintenance.
- "Deliverables" means any completed work product, including websites, content, graphics, reports, or documentation, provided by the Service Provider to the Client.
- "Third-Party Services" means any external platforms, software, infrastructure, or tools not owned or operated by the Service Provider, including but not limited to Google, Meta, TikTok, Cloudflare, hosting companies, domain registrars, email providers, payment gateways, and POS systems.
- "Business Days" means Monday through Friday, Eastern Time, excluding U.S. federal holidays.
2. Electronic Acceptance
The Client acknowledges that this Agreement may be accepted and executed electronically. The following shall each constitute valid and legally binding acceptance of this Agreement:
- Execution of an electronic or digital signature;
- Written email confirmation or approval of a project proposal or quote;
- Payment of any invoice, deposit, or retainer issued by the Service Provider via PayPal, Cash App, Zelle, or any other authorized payment method;
- Clicking an online acceptance button, checkbox, or similar digital mechanism; or
- Commencement of services by either party following mutual agreement.
By any of the above actions, the Client confirms they have read, understood, and fully accepted all terms, conditions, pricing, and obligations contained herein.
The Client acknowledges that they have been provided with a reasonable opportunity to review this Agreement on the Service Provider's website before accepting it electronically, approving a proposal, requesting services, making payment, or permitting work to commence. The Client is solely responsible for reviewing the current version of this Agreement prior to acceptance.
3. Project Timelines, Onboarding & Refund Policy
- Website development requires a minimum of three (3) months and may take up to one (1) year, depending on project complexity, client response times, and scope changes.
- A mandatory 15-day preparation and onboarding period applies to all Monthly Services, including content creation and social media management, before the first piece of content is published. This period is used for asset design, AI template building, branding preparation, and strategic planning.
- If the Service Provider is unable to complete the agreed-upon project within the specified timeline through no fault of the Client, advance payments for unfinished work will be refunded. This refund constitutes the Client's sole and exclusive remedy. The Service Provider is not liable for lost profits, lost business opportunities, business interruption, or consequential damages arising from delays.
- Client delays — including failure to provide required content, credentials, branding assets, feedback, or approvals in a timely manner — will extend project timelines accordingly and do not qualify for refund claims.
- No refunds are issued for completed Deliverables, active Monthly Services already rendered, or setup fees once work has commenced.
- Client Cooperation: The Client agrees to respond to requests for information, approvals, revisions, and required materials within a reasonable timeframe. Delays in communication or failure to provide requested information may delay project completion and relieve the Service Provider from responsibility for resulting schedule changes.
4. Revision Policy
- Minor Revisions: Small corrections such as text edits, color adjustments, image swaps, or minor layout tweaks are considered minor revisions and may be accommodated within the scope of the original project.
- Major Revisions: Structural redesigns, changes to site architecture, new section additions, feature additions, or changes to the project brief after development has commenced are considered major revisions and are not included in the original price.
- Scope Changes: Any change that materially alters the agreed-upon project scope, feature set, platform, technology stack, or number of deliverables constitutes a scope change and requires a separate written quotation and payment authorization before work proceeds.
- Major revisions and scope changes will be billed at rates agreed upon in writing prior to execution. No additional work will commence until pricing is confirmed in writing by both parties.
5. Comprehensive Pricing, Fees & Package Scope
All pricing listed on our website or provided in initial quotes is subject to change based on the specific workload, project volume, client demands, and requested revisions. We reserve the right to adjust rates if the project scope expands beyond the initial agreement. Any additional features, integrations, or content requests made during the development or creation process will be treated as add-ons and billed accordingly. Final pricing will be mutually agreed upon in writing before the commencement of any extra work.
The following fees cover standard inclusions only. Any additional or extra services requested outside of standard package inclusions — including but not limited to additional revisions, custom coding, advertising management, SEO, API integrations, POS integrations, or features not explicitly listed — will incur additional fees and must be paid separately prior to execution.
- A. Website Development Services — Starting from $300
- B. Website Maintenance & Support — Starting from $500 a Month (6-Month Minimum Term)
- C. Content Creation — Starting from $200 a Month (6-Month Minimum Term)
- D. Social Media Management — Starting from $300 a Month (6-Month Minimum Term)
- E. Google Business Profile Management — Starting from $200 a Month (6-Month Minimum Term)
- F. QR Code Services — Starting from $100 a Month
- G. Custom Accounting Web App — Starting from $300
H. Third-Party Costs & Advertising
The Client is solely responsible for all external platform expenses, including domain registration, hosting subscriptions, business email services, SSL certificates, POS systems, premium software plugins, and API subscriptions. Direct advertising spend on Meta, Google, TikTok, or any other platform is entirely the Client's responsibility. Advertising campaign management is not included in any standard package and must be negotiated separately.
I. Additional Services (Billed Separately)
The following services are not included in any standard package and will be quoted and billed separately upon Client request:
- Extra design revisions beyond project scope;
- Custom coding, advanced scripting, or non-standard feature development;
- Search Engine Optimization (SEO) campaigns;
- Paid advertising management (Meta Ads, Google Ads, TikTok Ads);
- Custom API integrations and third-party platform connections;
- POS system integrations and configuration;
- Additional product or menu items beyond package limits;
- Custom website features or functionality not in the original scope;
- Standalone consultation services;
- Standalone website testing and QA engagements; and
- Any other service not explicitly listed in the original signed agreement.
Migration & Data Export Services
Website migration, hosting transfers, domain transfers, data exports, server migration, and assistance moving services to another provider are not included in standard packages and will be quoted separately.
6. High-Volume Traffic Surcharges & Service Suspension
The Client acknowledges that all digital menu scanning applications and custom accounting tools are hosted on shared server infrastructure with defined CPU utilization, RAM, and entry process limits.
- High-Volume Surcharges: If Client traffic, QR code scan frequency, data calculation loads, or PDF generation requests cause server resource usage to consistently exceed standard baseline allowances, the Service Provider reserves the right to impose an Additional High-Volume Maintenance Fee to upgrade the server tier and maintain system stability.
- Safety Suspension: If sustained high traffic threatens server infrastructure stability and the Client declines or delays payment for the required upgrade, the Service Provider may immediately suspend, restrict, or throttle the affected applications without prior notice. The Service Provider shall not be liable for any lost revenue or business disruption during a traffic-related suspension.
7. Payment Terms & Late Payment Policy
- All project fees are due prior to work commencing unless otherwise agreed in writing. Monthly recurring fees are due at the start of each billing cycle. Standard invoices are due within fourteen (14) calendar days of issuance unless an alternate payment period is expressly stated in writing. The Service Provider accepts payment exclusively through the following authorized platforms: PayPal, Cash App, Zelle, and Stripe.
- Any services outside the agreed project scope are subject to additional charges, communicated and approved in writing before execution.
- Late Payment: Invoices not paid within the agreed payment window may result in suspension of all active services, withholding of project deliverables, and/or termination of the Agreement.
- Reactivation: Reactivation of suspended services following late payment may incur a reinstatement fee to be determined at the Service Provider's discretion.
- Collection Costs: In the event the Service Provider must pursue collection of overdue amounts, the Client shall be responsible for all reasonable collection costs, including attorney's fees and court costs, to the extent permitted by applicable law.
8. Support Hours
Standard support is available during regular Business Days: Monday through Friday, Eastern Time, excluding U.S. federal holidays. The Service Provider will make commercially reasonable efforts to respond to support inquiries within two (2) Business Days. Emergency or after-hours support is not included in any standard package and, if available, will be billed separately at the Service Provider's applicable rates. Messages received outside Business Days or normal business hours will be answered during the next available Business Day.
9. Data Backup Policy
The Service Provider will make reasonable efforts to maintain basic backups of websites and applications during active maintenance agreements. However, the Service Provider does not guarantee the availability, completeness, or recoverability of any backup. The Client is solely responsible for maintaining independent, up-to-date backups of all website content, databases, application data, and business-critical information. The Service Provider shall not be liable for any data loss, regardless of cause, including server failure, cyber attack, accidental deletion, or third-party provider failure.
10. Website Ownership & Intellectual Property Rights
A. Client Ownership
Upon receipt of full payment for website development services, the Client receives ownership of:
- All Client-supplied text, copy, and written content;
- Client-supplied images, photographs, and media;
- Client's branding elements, logos, and trademarks;
- Custom page designs and visual layouts created specifically for the Client.
B. Service Provider Ownership
The following remain the exclusive intellectual property of the Service Provider at all times, regardless of payment:
- All underlying source code, scripting, and functional system architectures;
- Reusable components, code libraries, frameworks, and templates;
- Automation systems, AI workflows, and internal development tools;
- Proprietary backend architecture, database schema design, and server configurations;
- QR code generation systems, tracking mechanisms, and scan routing logic;
- Custom Accounting Web Application code, calculation logic, and PDF generation systems;
- API integration frameworks, middleware, and data pipeline architectures; and
- Any internal systems, tools, or processes developed by the Service Provider.
C. License for Subscription-Based Tools
The Client receives a revocable, non-exclusive, non-transferable runtime license to access and use the Custom Accounting App, QR Code systems, and any other subscription-based tools strictly during the period in which the applicable monthly maintenance subscription remains active and fully paid. This license grants access to system functionality only — it does not transfer any ownership interest in the underlying code, logic, architecture, or automation systems. Termination, lapse, or non-payment of the monthly subscription immediately and automatically terminates this license without further notice, and the Client shall lose all access to the subscription-based tool until the subscription is reinstated.
D. Working Files
Unless otherwise agreed in writing, editable design source files, layered graphics, working documents, development files, and project assets remain the property of the Service Provider.
11. Third-Party Services Disclaimer
The Service Provider integrates with and relies upon third-party platforms and infrastructure to deliver certain services. The Service Provider is not responsible for the performance, availability, policy changes, account actions, or failures of any Third-Party Service, including but not limited to:
- Google (including Google Business Profile, Google Analytics, and Google Ads);
- Meta (Facebook and Instagram), TikTok, LinkedIn, and other social media platforms;
- Cloudflare, CDN providers, and DNS services;
- Web hosting companies and cloud infrastructure providers;
- Domain registrars and SSL certificate providers;
- Business email and communication platforms;
- Payment gateways (including Stripe and PayPal); and
- Point of Sale (POS) system vendors and payment processors.
Any downtime, suspension, policy enforcement, algorithm change, data breach, or service disruption caused by a Third-Party Service shall not constitute a breach of this Agreement by the Service Provider.
If any Third-Party Service materially changes its pricing, API availability, licensing requirements, or service policies, the Service Provider reserves the right to adjust recurring service fees after providing reasonable notice to the Client.
12. Client Obligations & Indemnification
- Asset Provision: The Client is responsible for providing all required business information, images, branding assets, copy, credentials, and approvals necessary for project completion within agreed timelines.
- Client-Provided Video & Media: Unless otherwise specifically agreed upon in writing, the Client is responsible for providing all raw video footage, photographs, logos, product images, business information, and other media required for content creation. The Service Provider’s standard content creation and video editing services include editing, formatting, adding graphics, effects, captions, voiceovers, music, and/or repurposing Client-provided materials as applicable to the selected service package. Original on-site photography or videography by the Service Provider is not included unless separately agreed upon and quoted in writing.
- Legal Compliance: The Client warrants that all content, images, trademarks, and assets provided to the Service Provider are legally owned by or properly licensed to the Client and do not infringe upon any third-party intellectual property rights.
- Indemnification: The Client agrees to fully defend, indemnify, and hold harmless the Service Provider from any and all third-party claims, liabilities, legal costs, copyright disputes, regulatory penalties, or financial losses arising from the Client's business operations, Client-supplied content, Client's use of Deliverables, or any material breach of this Agreement.
- Security Responsibilities: The Client is responsible for maintaining secure passwords, enabling multi-factor authentication where available, restricting account access to authorized personnel, and immediately notifying the Service Provider of any suspected unauthorized access.
- Property Access & On-Site Filming Permission: When the Client requests or authorizes the Service Provider to capture photos or videos on location, the Client warrants that they have all legal rights, permissions, and authorization to grant access to the property. The Client is solely responsible for ensuring the property is safe, accessible, and suitable for the shoot.
- Final Content Approval Before Ad Launch: Prior to launching any promotional, video, or advertising campaign, the Service Provider will submit the captured footage or marketing materials to the Client via email or direct messaging platforms for approval. Once approved (by written, text, or digital confirmation), the Client assumes full and exclusive responsibility for the accuracy of all property details, pricing, claims, and published material.
13. Confidentiality
Each party agrees to maintain in strict confidence any proprietary information, trade secrets, pricing structures, business strategies, client data, credentials, or technical specifications disclosed by the other party in connection with this Agreement ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by applicable law or court order. This obligation of confidentiality survives the termination of this Agreement.
14. Portfolio Rights
Unless the Client provides written notice requesting otherwise prior to project completion, the Service Provider reserves the right to display completed websites, design work, social media content, and other Deliverables in its professional portfolio, marketing materials, case studies, and social media profiles. The Service Provider will not disclose confidential Client business information in any portfolio display.
Unless otherwise agreed in writing, the Service Provider may include a discreet developer credit or website footer attribution. Removal of such attribution may require a separate written agreement.
15. Force Majeure
Neither party shall be held in breach of this Agreement or liable for delays or failures in performance resulting from events beyond that party's reasonable control, including but not limited to:
- Natural disasters, hurricanes, floods, earthquakes, fires, or severe weather events;
- Pandemics, epidemics, or public health emergencies;
- Internet outages, widespread power failures, or telecommunications disruptions;
- Hosting provider failures, DNS failures, or cloud infrastructure outages;
- Cyber attacks, ransomware, distributed denial-of-service (DDoS) attacks, or unauthorized system intrusions;
- Government actions, executive orders, embargoes, sanctions, or regulatory changes; and
- Labor strikes, civil unrest, or other events outside the affected party's control.
Delays caused by Force Majeure events are not breaches of this Agreement. The affected party shall notify the other party promptly and resume performance as soon as reasonably practicable.
16. Limitation of Liability
To the maximum extent permitted by applicable law, the Service Provider shall never be liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages — including loss of business profits, loss of revenue, data loss, system downtime, or business interruption — arising from the delivery of, or inability to deliver, any service described herein. In all events, the Service Provider's maximum aggregate liability for any claims arising from a specific project or service engagement shall not exceed the total amount actually paid by the Client to the Service Provider for that specific engagement. Nothing in this Agreement limits liability where such limitation is prohibited by applicable law.
17. Termination
- By Client: The Client may terminate Monthly Services with 30 days prior written notice, provided the minimum 6-month commitment period has been fulfilled. Early termination prior to the 6-month minimum does not entitle the Client to a refund of any fees paid.
- By Service Provider: The Service Provider may terminate any service agreement with 14 days written notice if the Client breaches any material term of this Agreement, fails to make required payments, or engages in conduct deemed harmful, illegal, or contrary to applicable platform policies. In the event of termination by the Service Provider without cause, fees paid for undelivered services will be refunded on a pro-rata basis.
- Subscription Pause: Monthly subscriptions cannot be paused or temporarily suspended during the required minimum commitment period unless approved in writing by the Service Provider.
18. Dispute Resolution
- Good-Faith Negotiation: In the event of any dispute arising out of or relating to this Agreement, both parties agree to first attempt resolution through good-faith negotiation within fifteen (15) Business Days of written notice of the dispute.
- Mediation: If the dispute is not resolved through negotiation, the parties may agree to submit the matter to non-binding mediation with a mutually agreed mediator before initiating formal legal proceedings.
- Court Proceedings: If negotiation and mediation fail to resolve the dispute, either party may pursue legal remedies through the courts specified in Section 19.
19. Governing Law & Jurisdiction
This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of Maryland, USA, without regard to its conflict of law provisions. Any legal suit, arbitration proceeding, or judicial action arising out of or relating to this Agreement must be filed exclusively in the state or federal courts located in Charles County, Maryland, USA. Both parties consent to the exclusive personal jurisdiction of such courts.
20. Notices
All formal notices required or permitted under this Agreement shall be provided in writing and delivered by one of the following methods:
- Email to the last known email address on file, deemed received upon confirmation of delivery;
- U.S. Certified Mail, return receipt requested, deemed received three (3) Business Days after mailing; or
- Written notice delivered in person, deemed received upon delivery.
21. Relationship of the Parties (Independent Contractor)
The Service Provider is an independent contractor. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between the Client and the Service Provider. The Service Provider is solely responsible for all applicable taxes, withholdings, and other statutory or regulatory obligations associated with their business operations.
22. Disclaimer of Warranties
ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR GUARANTEES OF INCREASED REVENUE, SALES, OR SEARCH ENGINE RANKINGS.
No statement, communication, proposal, quotation, estimate, consultation, marketing material, demonstration, email, text message, social media message, phone conversation, or other communication by the Service Provider shall be interpreted as creating any guarantee, warranty, promise, or representation unless expressly stated in a separate written agreement signed by both parties.
23. Legal, ADA, and Privacy Compliance
The Client acknowledges that the Service Provider is not a law firm and does not provide legal advice. The Client is solely and exclusively responsible for ensuring that their website, applications, and business practices comply with all applicable local, state, federal, and international laws, including but not limited to the Americans with Disabilities Act (ADA) regarding website accessibility, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the drafting of Privacy Policies and Terms of Use. The Service Provider accepts no liability for the Client's failure to maintain legal compliance.
Requests for accessibility enhancements, compliance audits, or legal compliance modifications beyond the agreed project scope are additional services and will be billed separately.
24. Subcontracting
The Service Provider reserves the right to employ subcontractors, freelancers, or third-party agents to assist in the fulfillment of the services described in this Agreement. The Service Provider will remain responsible for the quality of the Deliverables provided by any such third parties.
25. Project Abandonment
If the Client becomes unresponsive for thirty (30) consecutive calendar days by failing to provide required approvals, content, credentials, feedback, or any form of communication, the project will be flagged for human review by the Service Provider and, at the Service Provider's sole discretion, may be deemed abandoned. The thirty (30) day inactivity threshold is a firm operational trigger — upon reaching this threshold, the Service Provider will initiate a formal review and may take the following actions without further obligation to the Client:
- The Service Provider may formally close the project and cease all active development;
- All fees paid to date are non-refundable;
- Restarting the project at a future date requires a new written quotation, updated pricing reflecting current rates, and payment of a reactivation fee prior to any work resuming.
26. Chargeback and Dispute Protection
The Client agrees not to initiate, threaten, or encourage any payment reversal, chargeback, or dispute with their bank, credit card issuer, payment processor, or digital payment platforms — including but not limited to PayPal, Cash App, and Zelle — for any completed or partially completed work, Deliverables provided, or services rendered under this Agreement. The Client acknowledges that:
- Initiating a fraudulent or bad-faith chargeback or digital payment dispute for services legitimately rendered constitutes a material breach of this Agreement;
- The Service Provider reserves the right to immediately suspend all active services upon notice of any chargeback, payment dispute, or reversal, without liability for resulting disruption; and
- The Client shall remain liable for all original amounts owed, plus any chargeback fees, platform processing penalties, or collection costs incurred by the Service Provider as a result of the disputed transaction.
27. Subscription License Suspension
Failure to pay any recurring monthly maintenance fee, subscription fee, or hosting-related charge by the due date shall immediately and automatically suspend the Client's access to and use of all subscription-based services, including but not limited to:
- Hosted websites and web applications;
- QR code scanning and routing systems;
- Custom Accounting Web Application and PDF generation tools;
- Digital menu systems and catalog hosting;
- Business email hosting and domain management services; and
- Any other maintenance or subscription-based tool maintained by the Service Provider.
Access and service restoration will occur only upon receipt of all outstanding payments in full. The Service Provider is not liable for any business disruption, revenue loss, or damages arising from such suspension.
Upon written request following termination, the Client may receive one export of their business data, subject to technical limitations and applicable service fees. The Service Provider is not obligated to retain Client data indefinitely after service termination.
28. Cybersecurity Disclaimer
The Service Provider follows commercially reasonable security practices during the development, configuration, and maintenance of websites and applications. However, no security measure is absolute, and the Service Provider expressly makes no guarantee, warranty, or representation against:
- Unauthorized access, hacking, or account takeovers;
- Malware, ransomware, spyware, or virus infections;
- Phishing attacks targeting the Client or Client's customers;
- Zero-day exploits or previously unknown software vulnerabilities;
- Data interception, data theft, or credential compromise; or
- Cyberattacks originating from third-party actors or nation-state threat groups.
The Client is solely responsible for maintaining strong passwords, enabling two-factor authentication (2FA) on all managed platforms, and following basic cybersecurity hygiene. The Service Provider shall not be liable for any damages, losses, or costs arising from a cybersecurity incident.
Recovery work resulting from malware infections, compromised credentials, accidental deletion, or Client-caused security incidents is outside the scope of standard maintenance services and will be billed separately.
29. Browser Compatibility
Websites and web applications developed under this Agreement are designed and tested for compatibility with current, officially supported versions of major modern web browsers, including Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge, at the time of project delivery. The Service Provider does not guarantee:
- Compatibility with outdated, unsupported, or deprecated browser versions;
- Correct display or full functionality in legacy browsers such as Internet Explorer; or
- Ongoing compatibility following future browser updates released after project delivery.
Compatibility testing for specific legacy or non-standard browsers may be arranged as an additional service upon written request and subject to separate pricing.
30. Client Content Responsibility
Following the Client's written approval of any website, application, or content publication, the Client assumes sole and exclusive responsibility for:
- The accuracy, completeness, and truthfulness of all business information, pricing, menu items, product listings, and service descriptions displayed;
- The legality of all content, offers, promotions, and business practices represented on the website;
- Ensuring all photographs, images, graphics, and media are properly licensed or owned by the Client;
- Keeping all published content, policies, hours, pricing, and contact information current and up-to-date; and
- Compliance with all consumer protection, truth-in-advertising, and applicable business regulations pertaining to their industry.
The Service Provider is not liable for any inaccurate, outdated, or non-compliant content published at the Client's direction or approval.
31. No Guarantee of Results
The Service Provider makes no guarantee, representation, or warranty regarding any specific result, outcome, or level of success arising from the Services provided. Without limitation, the Service Provider does not guarantee increased sales, revenue, profits, customer acquisition, lead generation, website traffic, search engine rankings, advertising performance, social media engagement, conversion rates, platform approval, uptime, uninterrupted availability, security against cyber threats, compatibility with future software, browser, API, or third-party platform updates, or any other commercial, financial, marketing, or technical outcome.
Any projections, estimates, opinions, recommendations, examples, demonstrations, consultations, strategies, or suggestions provided by the Service Provider are provided solely for informational purposes and shall not be construed as guarantees, promises, or assurances of future performance. Actual results depend on numerous factors beyond the Service Provider's control, including but not limited to market conditions, competition, customer behavior, third-party platforms, regulatory changes, hosting providers, search engine algorithms, advertising platforms, and the Client's own business operations and decisions.
32. Open-Source Software
Projects developed under this Agreement may incorporate open-source software components, libraries, frameworks, or tools ("Open-Source Components"). The Client acknowledges that:
- Open-Source Components are governed by their respective open-source licenses (including but not limited to MIT, Apache 2.0, GNU GPL, or similar licenses), which may impose their own rights and obligations;
- Ownership of Open-Source Components remains exclusively with their original authors and contributors, and the Service Provider makes no ownership claim over such components; and
- The Client is responsible for reviewing and complying with the terms of any applicable open-source licenses incorporated into their Deliverables.
The Service Provider's proprietary code, frameworks, automation tools, and custom-developed systems described in Section 10 remain separate from and unaffected by open-source license terms.
33. Taxes
Unless specifically and explicitly stated otherwise in a written proposal or invoice, all quoted prices, package fees, and recurring charges set forth in this Agreement are exclusive of any applicable taxes, levies, duties, government fees, value-added tax (VAT), sales tax, use tax, or similar charges imposed by any federal, state, local, or international taxing authority. The Client is solely responsible for determining, reporting, and remitting any and all applicable taxes arising from their purchase of services under this Agreement. The Service Provider shall not be held liable for the Client's failure to satisfy any tax obligation.
34. Acceptance of Deliverables
Upon delivery of any Deliverable, the Client shall have seven (7) Business Days to review the work and submit a written correction request identifying specific, reproducible defects or material non-conformances with the agreed project scope. If no written correction request is received within this seven (7) Business Day review period, the Deliverable shall be deemed fully accepted by the Client, and the Service Provider's obligations with respect to that Deliverable shall be considered fulfilled. Acceptance does not waive the Client's rights under the Limited Warranty described in Section 34 for qualifying programming defects reported within the warranty period.
35. Limited Warranty
The Service Provider warrants that websites and web applications will substantially conform to the agreed-upon project specifications and be free from material, reproducible programming defects for a period of thirty (30) calendar days following formal acceptance or delivery, whichever occurs first ("Warranty Period"). This Limited Warranty expressly excludes:
- New feature requests, design changes, or content updates not included in the original scope;
- Issues arising from modifications made by the Client or any third party after delivery;
- Defects caused by updates to third-party plugins, themes, content management systems, or frameworks;
- Issues resulting from browser updates, operating system changes, or device-specific rendering differences;
- Failures caused by hosting provider outages, server configuration changes, or infrastructure issues;
- Disruptions caused by changes to external APIs, social media platforms, or third-party integrations; and
- Any issue arising from Force Majeure events as defined in Section 15.
Upon expiration of the Warranty Period, all repairs, updates, and corrections are subject to the standard Maintenance & Support fees described in Section 5.B.
36. AI-Generated Content Disclaimer
Where services include AI-assisted content creation, image generation, video editing, copywriting, or similar AI-powered workflows, the Client acknowledges and agrees that:
- AI-generated content may require human editorial review prior to publication and may contain factual inaccuracies, errors, or inconsistencies;
- The Service Provider makes no guarantee of factual accuracy, originality, copyright eligibility, trademark clearance, legal compliance, SEO performance, or approval by any platform, marketplace, or regulatory body with respect to AI-generated content;
- AI-generated content may not be eligible for copyright protection in all jurisdictions under current law, and the Client is responsible for understanding the applicable legal status of such content in their region; and
- Final review, editorial approval, and responsibility for all published AI-generated content rests exclusively with the Client.
The Service Provider shall not be liable for any claims, losses, or penalties arising from the Client's use or publication of AI-generated content.
37. Non-Solicitation
During the term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement, the Client agrees not to directly or indirectly:
- Solicit, recruit, hire, or contract with any current or former employee, subcontractor, freelancer, or independent agent of the Service Provider who was involved in the performance of services under this Agreement; or
- Encourage, induce, or assist any such individual to leave or reduce their engagement with the Service Provider.
Any engagement of a Service Provider personnel member in violation of this Section requires the prior written consent of the Service Provider and may be subject to a placement fee to be negotiated in good faith between the parties.
38. Invoice Procedures
All invoices will be issued electronically to the Client's last known email address or via the Service Provider's designated billing platform. Invoices will clearly identify the service rendered, the amount due, the payment due date, and accepted payment methods. Clients are responsible for ensuring that invoice emails are not filtered to spam and that contact information on file remains current. Any billing disputes must be raised in writing within seven (7) calendar days of invoice receipt.
39. Electronic Records & Admissibility
The parties agree that all electronic communications, records, and documents generated in connection with this Agreement shall be valid, binding, and admissible as evidence of the parties' agreement, including but not limited to:
- Email correspondence, written approvals, and project feedback exchanged between the parties;
- Electronic invoices, payment receipts, and billing confirmations;
- Digital signatures, electronic acceptances, and online payment confirmations;
- Text messages, chat records, or messaging platform communications referencing project approvals or instructions; and
- Any other electronic record created in the ordinary course of the parties' business relationship.
Neither party shall contest the validity, enforceability, or admissibility of this Agreement or any related document solely on the grounds that it was transmitted or executed electronically.
40. Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement if modification is not possible. The remaining provisions of this Agreement shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any single provision.
41. Entire Agreement
This Agreement, together with any signed project proposal, invoice, or written scope of work, constitutes the entire agreement between the Client and the Service Provider with respect to the subject matter hereof. It supersedes all prior negotiations, representations, understandings, proposals, and agreements, whether oral or written. No modification, waiver, or amendment of this Agreement shall be effective unless made in writing and signed or acknowledged by both parties.
By rendering payment for any service, or by any other form of electronic acceptance described in Section 2, the Client acknowledges that they have read, understood, and fully accepted all terms, conditions, pricing structures, and obligations contained within this Agreement.
Continued use of the Service Provider's services following updates to this Agreement constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Social Media Content & Management
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