Terms of Service

01Acceptance of Terms

By using our website, requesting an audit, purchasing a plan, signing a proposal, or opting in to our communications, you confirm that:

• You have read, understood and agree to be bound by these Terms and our Privacy Policy
• You are at least 18 years old and able to enter into a binding contract
• If you act for a business, you have authority to bind that business to these Terms
• The information you give us is accurate, current and complete
• You will comply with all applicable laws when using the Services

If a signed proposal or statement of work conflicts with these Terms, the signed document controls for that project.

02Changes to Terms

We may update these Terms from time to time. If a change is material, we will give reasonable notice by email or on our website before it takes effect. Continuing to use the Services after a change takes effect means you accept the updated Terms.

03Description of Services

Website audits: A review of your website's speed, search visibility and conversion, with recommended fixes.

Design and rebuild projects: Copywriting, design, development and migration of new or existing websites, as described in your proposal.

Hosting and maintenance: Hosting, security, backups, updates and technical support for websites on our platform.

Growth services: Search engine optimization, landing pages, A/B testing, analytics, CRM integration and reporting.

Communications: Email and SMS messages including audit and project updates, appointment reminders, account and billing notices, customer support and, where you agree to them, promotional offers.

The exact scope, deliverables and timeline for paid work are set out in your plan or proposal.

04Accounts and Access

To deliver the Services we may give you an account on our platform, or ask for access to your existing website, domain, hosting, analytics or CRM accounts. You agree to:

• Keep your login details confidential and tell us promptly about any unauthorized use
• Give us access only to accounts you own or are authorized to share
• Keep your contact and billing information up to date
• Accept responsibility for activity under your account

We are not liable for loss caused by your failure to keep your credentials secure.

05Payment Terms

5.1 Pricing

Prices are set out in your plan or proposal before you buy. We may change prices for future billing periods with at least 30 days' notice. Price changes do not affect work already paid for.

5.2 Billing

You authorize us, or our payment processor, to charge your payment method for all fees and applicable taxes. Project fees are billed as set out in your proposal. Unless your proposal says otherwise, fees are due when invoiced.

5.3 Monthly plans and auto-renewal

Monthly plans renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel by emailing [email protected] at least 30 days before your next renewal date.

5.4 Late or failed payments

If a payment fails or an invoice is more than 15 days overdue, we may pause work or suspend hosted websites until the balance is paid. You remain responsible for outstanding fees.

06Cancellation and Refunds

6.1 Website audits

Our standard website audit is free. Paid audits, where offered, are non-refundable once the audit report has been delivered.

6.2 Project fees

Deposits for design and rebuild projects secure your place in our schedule and cover initial work, and are non-refundable once work has started. If you cancel a project partway through, you pay for work completed to the date of cancellation. We review other refund requests case by case.

6.3 Monthly plans

Cancellation takes effect at the end of the billing period after your 30-day notice. Fees already paid for the current period are non-refundable except where required by law.

6.4 How to request a refund

Email [email protected] with your name, business name, invoice details and the reason for your request. Approved refunds are returned to the original payment method within 5 to 10 business days.

6.5 Chargebacks

If you have a billing concern, please contact us before filing a chargeback so we can resolve it. Filing a chargeback without contacting us first may result in suspension of your account and hosted websites.

6.6 Handover on cancellation

When you cancel and your account is paid in full, we will provide an export of your website content and data on request.

07Results Disclaimer

Nothing we provide is legal, financial, tax or accounting advice. You are responsible for making sure your website complies with the laws that apply to your business, including privacy, accessibility and advertising laws.

08Your Content and Responsibilities

You are responsible for the text, images, logos, product information and other material you give us ("Your Content"), and you confirm that you have the rights to use it. You grant us a non-exclusive, royalty-free license to use, copy, modify and display Your Content only to provide the Services to you.

You agree to give us timely feedback, approvals and content. Project timelines move back if we are waiting on you.

Unless you tell us otherwise in writing, we may show your completed website in our portfolio.

09Intellectual Property

9.1 Your website

Once you have paid in full for a project, you own the final design and content we created specifically for your website, except for the platform and third-party components described below.

9.2 Our platform

Our platform, software, templates, tools, processes, reports and know-how, and this website's content, are owned by or licensed to Media Systems LLC and are protected by intellectual property laws. While you are a client, we grant you a limited, non-exclusive, non-transferable license to use the platform to run your website. You may not copy, resell, reverse engineer or redistribute it.

9.3 Third-party components

Fonts, stock images, plugins and other third-party components are licensed under their own terms, which you agree to follow.

10Acceptable Use

You agree not to use the Services, or ask us to build or host a website, that:

• Breaks any law or regulation, or infringes anyone else's rights
• Contains unlawful, defamatory, fraudulent, deceptive, hateful or obscene content
• Distributes malware, spam or unsolicited messages
• Attempts to gain unauthorized access to our systems or anyone else's
• Interferes with or overloads our platform or servers
• Scrapes or copies our website or platform using automated tools without our written consent

We may remove content or suspend a website that breaks this section.

11Third-Party Services

The Services may connect to third-party services such as domain registrars, analytics, CRMs, payment processors and advertising platforms. Your use of those services is governed by their own terms, and we are not responsible for their availability, changes or actions.

12Disclaimer of Warranties

Except as expressly stated in these Terms or your proposal, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or completely secure, although we work to keep hosted websites fast and available.

13Limitation of Liability

To the maximum extent permitted by law, Media Systems LLC and its members, officers, employees and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or loss of goodwill, arising from or related to the Services.

Our total liability for all claims related to the Services will not exceed the amount you paid us in the three (3) months before the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.

14Indemnification

You agree to defend, indemnify and hold harmless Media Systems LLC and its members, officers, employees and contractors from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising from:

• Your Content, or the website we build or host at your direction
• Your breach of these Terms
• Your violation of any law or of anyone else's rights

15Dispute Resolution

15.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules.

15.2 Informal resolution

Before filing any claim, you agree to contact us at [email protected] so we can try to resolve the dispute informally. We will work in good faith to resolve it within 60 days.

15.3 Binding arbitration

Any dispute not resolved informally will be settled by binding arbitration in the State of Delaware under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court with jurisdiction.

15.4 Class action waiver

You and the Company each waive the right to a jury trial and to take part in a class action or class-wide arbitration. Claims must be brought individually.

15.5 Exceptions

Either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

16Termination

We may suspend or end your access to the Services if you breach these Terms, fail to pay, file an unwarranted chargeback, or use the Services unlawfully. Where practical, we will give you notice and a chance to fix the problem first. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, limitation of liability and indemnification.

17Force Majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, war, government action, pandemics, power or network failures, or outages at third-party providers.

18SMS Text Messaging

18.1 Consent

By providing your mobile phone number and ticking an SMS consent box on our website forms, you agree to receive automated text messages from Media Systems LLC DBA Site Scaling at the number you provide. Consent is not a condition of any purchase.

We collect two separate SMS consents, each with its own checkbox. You may give either, both, or neither:

• Account and service messages: account notifications, audit and project updates, appointment reminders and confirmations, setup instructions, billing notices and customer support updates.
• Marketing messages: service announcements, special offers, discounts and event promotions.

Marketing messages are sent only if you gave marketing consent. Neither checkbox is pre-ticked, and neither is required to submit a form or buy from us.

18.2 Message frequency

Message frequency varies based on your account activity and the consents you gave.

18.3 Message and data rates

Message and data rates may apply. Check with your mobile carrier for details.

18.4 Opt-out and help

18.5 Confirmation message

After opting in, you will receive: "Site Scaling: You're subscribed to texts from Media Systems LLC DBA Site Scaling. Messages may include account updates, appointment reminders and, if selected, offers. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to opt out."

18.6 Mobile information

18.7 Carriers

Supported US carriers include AT&T, T-Mobile, Verizon, Boost, Cricket, MetroPCS, US Cellular and most other major carriers. Carriers are not liable for delayed or undelivered messages.

19Electronic Communications

By using the Services, you agree that we may communicate with you electronically, including by email and notices on our website, and that these communications satisfy any legal requirement that they be in writing. SMS messages are sent only with the separate consent described in Section 18.

20General Terms

Entire agreement. These Terms, our Privacy Policy, and any proposal or statement of work you sign with us are the entire agreement between you and the Company about the Services.

Severability. If any provision is found unenforceable, the rest of these Terms remain in effect, and that provision will be enforced to the greatest extent permitted.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

21Contact Us

For questions about these Terms, billing, or your account:

By using our Services, you confirm that you have read, understood and agree to these Terms of Service.