Terms & Conditions

Our services are intended for businesses. By agreeing to these Terms, you represent that you are at least 18 years old and have the authority to enter into this agreement on behalf of yourself or the business you represent.

Next Genesis Sites provides website design and development, CRM and automation systems, and related managed digital services. The specific services included in your purchase are those described on the checkout or order page at the time of your purchase, together with any customizations we agree to with you over time.

We provide the foundational setup of your system - including creating and configuring your account and building the base of your website and systems - and then refine and customize it as mutually discussed and agreed as the engagement continues. Customizations beyond the base setup are performed at our discretion based on what we agree to with you.

To deliver our services, we rely on you. You agree to provide, in a timely manner, everything we reasonably need to do the work, including:

• Account access and login credentials for relevant platforms (for example, your domain registrar, website host, Google, and any other accounts required for the project);
• Content, text, images, branding, and other materials;
• Timely responses, feedback, and approvals.

You are responsible for the accuracy and legality of any materials you provide, and for having the rights to use them.

Your use of phone, text, and AI communication tools. We may configure calling, SMS, AI receptionist, automation, and campaign tools for you, but you control the recipients, contact lists, content, timing, frequency, and business purpose of communications sent through your account. You are responsible for using those tools in compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, federal and state Do Not Call requirements, call-recording and disclosure laws, privacy laws, carrier requirements, and applicable platform policies.

Before sending marketing texts or placing marketing, automated, prerecorded, or AI-generated voice calls, you must obtain and retain every consent required for that communication and be able to document it. You must use accurate sender and registration information, contact people only for approved purposes, maintain required suppression and Do Not Call lists, and promptly honor STOP, unsubscribe, consent-revocation, and Do Not Call requests. You may not upload or use purchased, rented, scraped, or third-party contact lists unless you have documented permission that is legally sufficient for the specific communication.

A2P, carrier, phone-number, or campaign registration approval does not replace legally required consent, confirm that a campaign is lawful, or guarantee message delivery. You are responsible for the legality and accuracy of registration information and campaign content submitted for your business. We may refuse, pause, or disable any communication campaign we reasonably believe violates law, carrier rules, platform policy, or these Terms. Our configuration assistance is not legal advice.

Any timeframes or dates we mention are good-faith estimates, not guarantees. Delivery depends on your timely cooperation and on you providing the access, credentials, content, and approvals described in Section 3.

We are not responsible for delays caused by your failure to provide what we need, by issues with third-party platforms or services, or by other circumstances beyond our reasonable control. If a project cannot begin or move forward because we have not received required access or information from you, any estimated dates are automatically extended by the length of the delay, and your subscription and fees remain in effect and continue to accrue during that time.

Pricing for your service is shown on the pricing, checkout, or order page at the time of purchase. Monthly plans include a one-time setup fee. Annual plans include two months free and no setup fee. Any setup fee charged covers onboarding, configuration, account connections, system setup, and other initial work and overhead, and is nonrefundable once paid.

Payment due upon receipt. Setup fees, the first subscription payment, and any other amount shown on an accepted order are due when the order is placed or the invoice is received. Subscription fees are billed in advance for the upcoming service period.

Recurring billing. If you purchase a monthly or annual subscription, you authorize us (through our payment processor) to charge your payment method the applicable amount on a recurring basis. Your subscription renews automatically each billing period and continues until you cancel. The price, setup fee, billing frequency, renewal terms, and cancellation method are disclosed before you complete your purchase.

Suspension after nonpayment. If an undisputed payment is ten (10) days past due, we may suspend all or part of the agency-managed services after written notice identifying the balance and the proposed suspension. This can include website hosting, agency-provided CRM access, automations, messaging, licensed tools, support, and campaign management. A suspension does not itself cancel the service or erase lawful amounts due, but it does not authorize indefinite billing or override Section 6 cancellation rights. We do not seize client-owned domains or accounts.

Managed advertising during suspension. We may pause managed Google, Meta, Local Services Ads, or other third-party advertising campaigns when services are suspended. A campaign will remain active only if you give us explicit written instructions to keep it running and accept responsibility for all resulting platform charges and advertising spend. We are not responsible for campaign interruption or performance changes caused by a payment suspension.

Accelerated amounts. If you stop payment, abandon the account, or terminate without the required thirty (30) days' written notice, all unpaid amounts committed through the effective cancellation date become immediately due. If a signed order or addendum separately establishes a fixed term, installment plan, financed setup, or other minimum payment commitment, its unpaid remaining balance also becomes immediately due to the extent permitted by law. This provision does not create a new fixed term for a month-to-month plan.

Collections. We may refer an undisputed balance that remains unpaid for ninety (90) days from the original invoice date to a third-party collection provider or attorney. You are responsible for reasonable collection costs, agency fees, court costs, and attorneys' fees to the extent permitted by applicable law.

Price changes. Any change applies only to future service periods after the notice and acceptance required by Section 17 and applicable law. We do not retroactively increase an accepted price or add an undisclosed minimum commitment. You may exercise your cancellation rights before a new price takes effect.

Restoration and reactivation. Restoration requires cleared payment of the undisputed overdue balance and resolution of the condition that caused suspension. We may charge a reasonable reactivation or restoration fee only if its amount was disclosed in the accepted order or separately approved by you in writing before the work. No new fee is imposed merely by posting this policy, and no restoration fee applies to a suspension caused by our billing error. Restart timing depends on provider availability and any necessary reconfiguration; missed leads, expired vendor resources, and third-party charges cannot necessarily be recovered.

No long-term lock-in; an agreement still applies. A standard monthly plan has no fixed minimum term unless an accepted written order expressly says otherwise. These Terms and the accepted order still govern the relationship. We request thirty (30) days' written notice for ordinary service cancellation and a planned handoff. Any enforceable notice-period charges are subject to the cancellation rights below; a request to stop automatic renewal is not held until that period expires.

How to give notice. Email matt@nextgenesissites.com from an authorized business contact, identify the account, and state that you want to cancel. You may also use a cancellation method provided with your subscription. We record the date we receive the request and confirm the service end date, final charges, and transition steps. Our acknowledgment, a sales call, payment of a disputed invoice, or completion of a handoff is not a condition of a valid cancellation request.

Mandatory cancellation rights. Applicable automatic-renewal and cancellation law controls if it gives you an earlier or simpler right to cancel. Where required, we must provide an accessible online cancellation mechanism and process cancellation without obstruction or delay. The thirty-day notice provision, any transfer conditions, and any unpaid balance do not restrict those rights or authorize renewal charges after a legally effective cancellation. Cancellation does not erase fees already lawfully incurred.

Monthly plans. Service remains billable only through the legally effective service end date under the accepted order and applicable law. Except for Section 7 or a refund required by law, fees already paid for a partial service month are nonrefundable. We will not treat cancellation of a monthly plan as a commitment to an additional fixed term.

Annual plans. The ordinary annual cancellation policy uses thirty days' notice, subject to the mandatory rights above. We round a partial service month up to a full month and refund full unused months after the effective service end date at the prepaid annual service fee divided by twelve. The calculation cannot extend a notice period or retain charges that applicable law requires us to refund. A valid cancellation request stops further automatic renewal.

Handoff and outstanding balances. For newly created custom deliverables covered by Section 9, we may defer final delivery and transfer until the account is current and the applicable thirty-day transition notice has elapsed, unless we agree to an earlier handoff or law requires otherwise. Current means cleared payment of amounts lawfully due under the accepted order, including any enforceable notice-period charges; we cannot add an undisclosed buyout or new minimum term. A good-faith dispute about payment for custom work must be resolved by agreement or the applicable dispute process, without blocking cancellation or legally required data access. Undisputed amounts remain due. These conditions do not revoke ownership or licenses already transferred, block legally required data access, or let us take ownership of client property.

Service access and data export. Managed hosting, agency-provided CRM access, workflows, messaging, and licensed services may be suspended under Section 5 and end on termination. Subject to technical availability and applicable law, request a standard export of client-owned records within thirty (30) days after service ends. We may verify the requester's authority and protect other clients' information. A standard data export does not include our proprietary systems, master credentials, software licenses, or a transfer of the entire CRM platform subaccount. We do not condition legally required access, return, or deletion of personal data on payment.

Transition work and retention. Rebuilding at a new provider, custom-format exports, third-party account transfers, training another agency, and migration labor beyond the agreed handoff require a separately approved scope and fee. We do not guarantee that another platform can reproduce our hosted services. Service data may be deleted after the thirty-day export window, subject to pending timely export requests, applicable law, provider limits, and necessary legal holds. Maintain your own copies; termination does not include indefinite storage. Client-owned domains and accounts remain client-owned, and provider transfer or portability rules continue to apply.

Our right to end the relationship. We may end an ongoing engagement without cause with thirty (30) days' written notice, including when the service is no longer a suitable fit. We may suspend immediately for credible security risks, fraud, unlawful activity, threats, or conduct that puts people or systems at risk. For other material breaches, including repeated abusive communications or refusal to provide essential cooperation, we may terminate after written notice and ten (10) days to cure when the breach can reasonably be cured. Nonpayment suspension follows Section 5.

If we terminate. We identify the effective end date and available transition steps in writing. If we end services without your breach, we refund prepaid recurring fees for the unused service period on a prorated basis, waive any remaining client notice period, and do not charge for service after our effective end date. Other refunds follow Section 7 and applicable law. Termination does not transfer our proprietary systems or excuse undisputed amounts already due.

Satisfaction guarantee. If you are unhappy with our service during the first thirty (30) days, email matt@nextgenesissites.com within that period. For a monthly plan, we will refund the recurring service fee paid for the initial month. For an annual plan, we will retain one month at the plan's standard monthly rate and refund the remaining prepaid recurring service fee. Any monthly-plan setup fee paid is nonrefundable because it covers initial work and overhead already incurred. Annual plans have no setup fee.

Nonrefundable charges. Except for an express refund promise in these Terms or a refund required by law, setup fees, work already completed, partial months, AI usage, phone numbers, calls, text messages, advertising spend, domains, payment processing charges, and other third-party costs are nonrefundable. The satisfaction guarantee concerns service satisfaction only and does not promise leads, rankings, revenue, or any other business result.

After the first 30 days, monthly fees already paid are nonrefundable except where required by law. Annual-plan refunds follow Section 6. If we fail to deliver a purchased core setup solely because of our own actions and cannot remedy that failure within a reasonable period after written notice, we will refund the amount paid for the undelivered portion.

We build and manage systems designed to help your business, but we do not guarantee any specific outcome - including any particular number of leads, sales, revenue, search rankings, or other business results. Many factors outside our control affect those outcomes.

What remains yours. You retain your domain, materials and branding you supplied, your customer and business records, and accounts established in your business's name. We receive a limited right to use and process them only to deliver the agreed services and meet lawful obligations. Nonpayment does not make those assets ours, and we will not sell them or use your customer list for our own marketing.

Client-specific deliverables. Finished website code, original page designs, copy, and brand artwork created specifically for your business and included as deliverables in the accepted order are intended to transfer to you once the payment and handoff conditions in Section 6 are satisfied. The transfer covers only rights we own in those final deliverables. We will document any copyright assignment in a written instrument signed by us; third-party or reserved agency materials are not assigned. Until transfer, you have permission to use the deliverables as part of your active service, subject to lawful suspension. A prior signed ownership agreement or completed transfer is not undone by a later billing dispute.

Agency systems are licensed, not sold. We retain our pre-existing and reusable code, design systems, libraries, tools, methods, know-how, and agency-developed workflow logic, automation sequences, CRM configurations, snapshots, prompt libraries, and integration recipes. Configuring those systems for your business or paying a subscription does not purchase their source, a reusable copy, or a right to migrate them to another agency. Your records remain separate from that logic. A custom automation is transferable only if an accepted written order expressly identifies it as a client-owned deliverable or grants a separate transfer license.

What keeps a transferred website usable. If our reusable material is embedded in paid website files that we deliver, you receive a perpetual, nonexclusive license to use and modify that embedded material solely to operate and maintain that website, including through a replacement developer. You may transfer that license with the website or your business, but not extract, resell, or reuse our component library as a separate product. This license does not include our hosted CRM, proprietary workflows, agency infrastructure, or third-party subscriptions.

Hosting and platform access. Website ownership is not ownership of our hosting account, infrastructure, CRM platform, software licenses, or vendor agreements. Our CRM platform provider and other suppliers retain their own rights. Agency-provided platform access normally ends when service ends; a full subaccount transfer, snapshot export, phone-number transfer, or migration requires applicable provider approval and any separate written agreement. We do not promise that every feature or configuration can be exported. Nothing here overrides rights to client-owned records or legally required portability.

Confidential agency material. Nonpublic credentials, workflow source, internal documentation, and other material reasonably identified as confidential may be used only for the agreed engagement and may not be shared with another agency without permission. Public information, information independently developed or lawfully obtained elsewhere, and disclosures required by law are excluded. This restriction does not prevent you from sharing your own records, brand assets, paid transferable deliverables, or concerns with legal advisers or regulators.

Our services rely on third-party platforms and providers (for example, our CRM and automation platform, payment processor, messaging provider, hosting, and Google services). Your use of those services through us may also be subject to the third parties' own terms. We are not responsible for the acts, omissions, outages, or policies of third-party providers.

We send two kinds of text messages, and they rely on different consent.

Marketing texts (promotional offers, updates, and similar) are sent only if you have given express opt-in consent - for example, by checking an SMS consent box in our chat widget, checkout flow, or another opt-in form. Consent to marketing texts is never required to purchase anything from us.

Account and service texts (such as appointment reminders, service updates, and account notices) may be sent when you provide your mobile number in connection with a service, booking, or request.

For both types: message frequency varies; message and data rates may apply; reply STOP to cancel at any time or HELP for help; and carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or an authorized user of the number you provide. We do not sell, rent, or share your mobile phone number, SMS opt-in information, or text-messaging consent with third parties or affiliates for their own marketing or promotional purposes. Our handling of mobile information is described in our Privacy Policy.

You agree not to use our services for any unlawful purpose, to send spam or unsolicited messages in violation of applicable law, to infringe others' rights, or in any way that could damage, disable, or impair our systems or those of our providers.

Our services are provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the services will be uninterrupted, error-free, or completely secure.

To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to our services or these Terms will not exceed the total amount you paid us in the three (3) months immediately before the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost business opportunities.

Nothing in these Terms excludes liability for fraud, willful misconduct, or gross negligence where such an exclusion is unlawful, or waives a statutory privacy, security, cancellation, refund, or other right that cannot lawfully be waived.

You agree to indemnify and hold harmless Next Genesis Sites and Next Genesis LLC from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your content, your use of our services, or your violation of these Terms or applicable law.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute that is not otherwise resolved will be brought in the state or federal courts located in Colorado, and you consent to their jurisdiction.

We may propose changes for future service periods, but posting a new version does not retroactively change an accepted order, take back transferred rights, or create a new fee for past work. We will give clear written notice of material changes and cancellation information in a form you can retain, generally at least thirty (30) days before a change takes effect, or longer if law requires. We obtain any additional acceptance required by law. Necessary legal or security changes may take effect sooner with appropriate notice.

An accepted signed order or addendum controls over these Terms for a specific conflicting provision, subject to applicable law. Neither party is required to renew indefinitely. Accrued lawful payment obligations, reserved intellectual-property rights, confidentiality, applicable liability provisions, and dispute provisions survive termination to the extent relevant. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law; a failure to enforce once is not a permanent waiver.

Questions about these Terms? Contact us at:

Next Genesis Sites
Next Genesis LLC
3009 Grandview St, Colorado Springs, CO 80907
matt@nextgenesissites.com