Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Elevate Pro Sites ("Company," "we," "us," or "our") concerning your access to and use of our website design, development, and related services (collectively, the "Services").

By accessing our website at elevateprosites.com, submitting a contact form, or engaging our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Services Provided

2.1 Web Design and Development

Elevate Pro Sites provides professional website design, development, hosting, and maintenance services specifically tailored for home service businesses, including but not limited to:

• Custom website design and development
• Website hosting and maintenance
• Search engine optimization (SEO) services
• Unlimited monthly website changes and updates
• Content creation and management
• Technical support and customer service

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

3. Subscription and Payment Terms

3.1 Monthly Subscription

Our Services are provided on a monthly subscription basis. The current monthly fee is $497 per month, unless otherwise agreed upon in writing. All fees are stated in U.S. Dollars and exclude applicable taxes.

3.2 Payment Processing

Payment is due on the first day of each month. You authorize us to charge your designated payment method on a recurring monthly basis. If payment fails, we reserve the right to suspend or terminate your Services.

3.3 Price Changes

We reserve the right to change our pricing with 30 days' advance notice. Continued use of our Services after a price change constitutes acceptance of the new pricing.

3.4 Refund Policy

Monthly subscription fees are non-refundable. If you cancel your subscription, you will continue to have access to Services until the end of your current billing period, after which no further charges will be made.

3.5 Setup Fees

Initial website setup and development fees, if applicable, are separate from the monthly subscription fee and will be agreed upon before work commences. Setup fees are non-refundable once work has begun.

4. Cancellation and Termination

4.1 Cancellation by Client

You may cancel your subscription at any time by providing written notice via email to matthew@elevateprosites.com. Cancellation will be effective at the end of your current billing period. No partial refunds will be issued for unused portions of the billing period.

4.2 No Contract Lock-In

There is no long-term contract or minimum commitment required. You are free to cancel at any time without penalty, subject to completion of your current billing period.

4.3 Termination by Company

We reserve the right to suspend or terminate your access to Services immediately, without prior notice, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Illegal or fraudulent activity
• Conduct that harms or could harm our reputation or other clients

4.4 Effect of Termination

Upon termination or cancellation:

• Your website will be taken offline within 30 days
• You will no longer have access to our hosting, maintenance, or support services
• We will provide you with a backup of your website files and content upon request within 30 days of termination
• Domain names registered by you remain your property; domain names registered by us may be transferred to you upon request and payment of any outstanding fees

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to content you provide to us, including text, images, logos, and other materials ("Client Content"). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing Services to you.

5.2 Our Work Product

Upon full payment of all fees, you will own the custom design elements and content we create specifically for your website. However, we retain ownership of:

• Pre-existing code, templates, libraries, and frameworks
• General methodologies, processes, and techniques
• Any work product created before full payment is received

5.3 Third-Party Components

Your website may incorporate third-party software, plugins, libraries, or services (e.g., WordPress, React, Next.js, etc.). These components are subject to their respective licenses and terms of use.

5.4 Portfolio Rights

We reserve the right to display your website in our portfolio, marketing materials, and case studies unless you request otherwise in writing. We will credit your business name and provide a link to your website.

6. Client Responsibilities

6.1 Content and Materials

You are responsible for:

• Providing accurate, complete, and timely content and materials
• Ensuring you have the legal right to use all content you provide
• Ensuring your content does not violate any laws, infringe on third-party rights, or contain harmful material
• Maintaining the confidentiality of any login credentials we provide

6.2 Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of our Services, including but not limited to advertising laws, privacy laws, and industry-specific regulations.

6.3 Prohibited Uses

You agree not to use our Services to:

• Engage in illegal, fraudulent, or deceptive activities
• Distribute malware, viruses, or harmful code
• Violate the rights of others, including intellectual property rights
• Transmit spam, unsolicited communications, or offensive content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt our Services or servers

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the Services to you
• We will make reasonable efforts to ensure your website functions properly

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• Services will be uninterrupted, error-free, or completely secure
• Services will meet your specific requirements or expectations
• Any errors or defects will be corrected within a specific timeframe
• Your website will achieve specific search engine rankings or traffic levels
• Your website will generate specific leads, sales, or revenue

7.3 SEO Disclaimer

While we implement SEO best practices, we cannot guarantee specific search engine rankings, traffic levels, or conversion rates. Search engine algorithms change frequently, and rankings depend on many factors beyond our control.

8. Limitation of Liability

8.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELEVATE PRO SITES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our Services
• Any conduct or content of any third party on our Services
• Unauthorized access, use, or alteration of your content
• Website downtime, technical errors, or security breaches

8.2 Damage Cap

Our total liability to you for any damages arising from or related to these Terms or our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or $500, whichever is greater.

8.3 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, which allocate risk between us and form a basis of the bargain between the parties.

9. Indemnification

You agree to indemnify, defend, and hold harmless Elevate Pro Sites and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Content you provide to us
• Your business operations and practices

10. Dispute Resolution

10.1 Informal Resolution

Before filing any formal claim, you agree to contact us at matthew@elevateprosites.com and attempt to resolve the dispute informally.

10.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

10.3 Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Richmond, Virginia, and the parties irrevocably consent to the personal jurisdiction and venue therein.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elevate Pro Sites regarding our Services and supersede all prior agreements and understandings.

11.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

11.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

11.6 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.