Adaptive Business Website System Terms & Conditions

1. Scope of Application

These Adaptive Business Website System Terms & Conditions (“Service Terms”) apply exclusively to the Adaptive Business Website System service (“Service”) provided by SMOKYBRANDS MARKETING AGENCY LLC (“Company,” “we,” “us”) to business clients (“Client” or “you”).

These Service Terms apply strictly on a B2B basis. Consumer protection laws applicable to individual consumers do not apply to the fullest extent permitted by applicable law.

These Service Terms supplement and are subject to the Company’s general Contract Terms (the “Master Agreement”), available at https://smokybrands-marketing.com/contract-terms/.

These Service Terms and the Master Agreement shall be read and interpreted together as one integrated contractual framework. In the event of any conflict, inconsistency, or discrepancy between the Master Agreement and these Service Terms, these Service Terms shall prevail solely with respect to the Adaptive Business Website System and only to the extent of such conflict. In all other respects, the Master Agreement shall remain fully applicable and controlling.

The Client expressly acknowledges that by submitting a binding order for the Service, receiving an order confirmation, accepting an invoice, approving a configuration summary, or otherwise authorizing commencement of the Service, the Client agrees to be legally bound by both the Master Agreement and these Service Terms.

2. Binding Order / Acceptance

An order for the Service shall become binding upon the earlier of: (i) the Client’s submission of a binding online order, where the applicable order page or order form states that submission constitutes a binding order; or (ii) the Company’s issuance of an order confirmation, acceptance email, invoice, or other written communication reasonably confirming that the order has been accepted.

Where the applicable order page or order form states that submission constitutes a binding order, the Client’s submission shall constitute a binding offer by the Client to enter into the Service transaction under the selected configuration and applicable terms. The Company shall review the submitted order and send an order confirmation, rejection, or request for additional information within five (5) business days after receipt.

If the Company does not issue an order confirmation within five (5) business days after receipt of the submitted order, the Client shall no longer be bound by the submitted order unless the parties agree otherwise in writing.

The Client represents and warrants that any person submitting an order, approving the Service, accepting an invoice, accepting a configuration summary, or otherwise communicating acceptance on behalf of the Client has full authority to bind the Client contractually. The Client assumes all risks associated with internal authorization, internal approval requirements, internal miscommunication, or lack of authority and waives any defense based on such grounds.

3. Nature of the Service

The Adaptive Business Website System is a professional WordPress website product designed to provide a premium business website foundation that can be configured around selected business purposes, content requirements, inquiry functions, and future growth requirements.

The Service is not a one-click website builder, automated website generator, consumer template product, unlimited design service, software-as-a-service product, hosting product, legal compliance service, accessibility audit, cybersecurity audit, or guaranteed marketing-performance product.

The Service is produced by the Company using professional marketing, website, communication, design, and implementation workflows. The Company may use templates, reusable components, production frameworks, internal tools, software systems, automation-support workflows, design systems, quality-control processes, or other production-support technologies at its discretion.

Any description of the Service as “premium,” “adaptive,” “expert-built,” “professionally structured,” or similar refers to the Company’s planning methodology, professional implementation standard, structured website architecture, and marketing-oriented production approach. Such language does not imply enterprise-level custom software development, exclusive bespoke development, unlimited customization, guaranteed commercial results, or guaranteed superiority over all other websites.

4. Included Base Scope

Unless the applicable order confirmation states otherwise, the Adaptive Business Website Foundation includes the following base scope:

• Homepage;
• Company / About page;
• Services page;
• Contact page;
• Privacy Policy page structure;
• Legal Notice / Impressum page structure;
• Professional WordPress setup;
• Responsive mobile-ready layout;
• Technical SEO foundations;
• Performance baseline optimization;
• Security baseline setup;
• Standard contact form integration;
• Trust-oriented page structure;
• Inquiry-focused content layout;
• Clear navigation logic;
• Scalable page architecture;
• Cookie/privacy banner integration if the Client provides the required tool, access, account, or legally appropriate content;
• Basic launch support.

The base scope is a focused professional website foundation. It does not include additional pages, advanced integrations, custom software development, ecommerce, membership systems, portals, complex API connections, advanced automation, ongoing SEO, ongoing content marketing, hosting management, legal advice, maintenance, or post-launch support unless separately agreed in writing.

5. Scope Interpretation / No Implied Deliverables

The scope of the Service is limited strictly to the deliverables expressly described in the applicable order form, configuration summary, order confirmation, invoice, proposal, or these Service Terms. No implied obligations, implied deliverables, implied features, implied functionality, or assumed inclusions shall apply.

Any expectation, assumption, interpretation, preference, internal understanding, industry expectation, or oral statement not expressly confirmed in writing by the Company shall not form part of the agreed scope.

For the avoidance of doubt, the Service does not include unlimited design variations, unlimited revisions, unlimited consulting, unlimited communication, unlimited pages, unlimited copywriting, unlimited support, custom coding, ongoing optimization, ongoing monitoring, ongoing marketing execution, or any feature not expressly included in writing.

6. Company Discretion; Creative and Structural Control

The Company retains sole professional discretion regarding layout structure, section hierarchy, visual balance, responsive adaptation, content arrangement, production method, design system, implementation workflow, internal tools, production sequence, and technical execution unless expressly agreed otherwise in writing.

The Client acknowledges that website production requires professional judgment. The Company shall not be required to follow subjective preferences, internal stakeholder opinions, informal suggestions, competitor examples, or aesthetic preferences that conflict with the agreed scope, the selected structure, technical feasibility, commercial reasonableness, or the Company’s professional judgment.

7. Production Standardization

The Adaptive Business Website System is produced using structured production frameworks, standardized implementation methodologies, reusable architecture systems, design patterns, technical foundations, and operationally scalable workflows determined by the Company.

The Client acknowledges that such standardization is an essential part of the Service and allows the Company to provide a professional, scalable, and commercially efficient website product. Similar structures, design patterns, layouts, section types, or implementation methods across projects shall not constitute breach, defect, lack of originality, or failure of performance.

8. Configured Scope and Fixed Price

The configured fixed project price applies only to the explicitly selected configuration and the deliverables included at the time of order submission or order confirmation.

The fixed price does not apply to any later change, extension, additional revision, redesign request, additional page, additional function, additional copywriting, strategic change, technical integration, delayed decision, newly discovered requirement, third-party issue, or external cost unless expressly included in writing.

Any order summary, configuration summary, price calculation, order confirmation, or invoice shall be interpreted together with these Service Terms and the Master Agreement. If the Client requests work outside the configured scope, the Company may require a written change request, additional fee, revised delivery timeline, or separate agreement before performing such work.

9. Additional Subpages

Additional subpages are not included in the base scope unless selected in the configuration or separately agreed in writing. Each additional subpage is limited to a standard website subpage with reasonable business-oriented content, layout, image placement, and structure consistent with the selected website framework.

Unless separately agreed in writing, an additional subpage does not include custom programming, complex interactive elements, long-form content hubs, technical manuals, legal review, regulated-industry compliance review, extensive research, advanced visual production, video production, custom illustration, advanced animations, or copywriting beyond the selected and expressly defined content scope.

10. Optimization Paths

The Client may select one or more optimization paths. Each selected optimization path adds defined planning, structure, and implementation work. Optimization paths are not guarantees of rankings, leads, sales, conversions, revenue, hiring outcomes, public perception, or business success.

Lead Generation Optimization

Includes inquiry-focused page logic, stronger calls to action, contact path planning, conversion-oriented sections, friction reduction, and clearer visitor guidance. It does not guarantee inquiries, leads, sales, conversion rates, close rates, or revenue.

Trust & Authority Optimization

Includes credibility structure, proof placement, expertise presentation, reassurance sections, trust signals, and premium perception support. It does not guarantee customer trust, reputation improvement, public perception, reviews, endorsements, or business results.

Local Visibility Optimization

Includes local relevance structure, geographic service presentation, local trust elements, location-based section planning, and local SEO foundations. It does not include ongoing local SEO campaigns, Google Business Profile management, link building, review acquisition, advertising, or guaranteed rankings.

Service Explanation Optimization

Includes clearer service architecture, explanatory sections, visitor education, objection reduction, FAQ logic, and improved service communication structure. It does not guarantee that all visitors will understand, accept, purchase, or inquire.

Recruitment Optimization

Includes employer positioning, career page logic, applicant guidance, benefits presentation, team/culture structure, and hiring-focused calls to action. It does not guarantee applicants, hires, employee retention, or recruitment performance.

Brand Positioning Optimization

Includes stronger brand architecture, premium visual direction, differentiation sections, value framing, messaging hierarchy, and more strategic digital positioning. It does not include a full brand identity system, trademark work, logo design, formal brand strategy, brand guidelines, or market research unless separately agreed in writing.

11. Inquiry Functionality

The base scope includes a standard contact form. Additional inquiry functions are included only if selected or separately agreed in writing.

Advanced Inquiry Form

Includes expanded form structure, relevant business fields, required-field logic, clearer inquiry routing, and stronger request qualification. It does not include CRM integration, automation sequences, database architecture, conditional enterprise workflows, custom application development, or API integrations unless separately agreed.

Appointment Booking Integration

Includes booking call-to-action placement, scheduling flow integration, appointment-oriented section logic, and basic booking tool embedding if the Client provides access to a compatible booking system. The Company is not responsible for the booking provider’s uptime, functionality, policies, fees, data processing, or compliance.

Structured Quote Request Workflow

Includes multi-step request structure, service-specific questions, better lead information, user guidance, and quote-request section planning. It does not guarantee qualified leads, accurate customer information, accepted quotes, or sales.

12. Future Growth Preparation

Future growth preparation options are structural website extensions intended to support future expansion. They do not include ongoing content production, ongoing posting, ongoing SEO, ongoing marketing execution, or indefinite support unless separately agreed.

Blog / Insights Structure

Includes blog section setup, post layout foundation, category planning, content expansion structure, and basic editorial architecture.

Case Study / Portfolio Structure

Includes reference structure, project presentation layout, proof sections, portfolio navigation, and stronger credibility presentation.

Advanced Resource & Authority Structure

Includes resource hub architecture, authority content structure, expert page logic, internal linking concept, and scalable content framework.

Generative Engine Optimization Structure

Includes AI-search-oriented content structure, clearer entities, answer-friendly sections, FAQ logic, structured explanations, and visibility-supporting content architecture. It does not guarantee inclusion in AI-generated answers, search engine results, rankings, citations, traffic, discoverability, or visibility.

13. Copywriting Scope

Professional copywriting is included only if selected in the configuration or separately agreed in writing. If selected, professional copywriting is limited to business-oriented website copy for the included foundation pages only: Homepage, Company / About, Services, and Contact, with up to 1,000 words per standard included subpage.

Copywriting includes messaging structure, section headlines, business-friendly service explanation, basic calls to action, editing for clarity, readability, and professional presentation. It does not include legal advice, attorney review, industry-specific legal review, regulated-industry compliance review, technical manuals, long-form blog articles, white papers, case studies, product catalogs, academic research, medical claims, financial claims, legal claims, scientific claims, or copywriting for additional subpages unless separately agreed in writing.

Sample legal text templates for Privacy Policy and Legal Notice / Impressum pages are included as templates only. They do not constitute legal advice, attorney-drafted documents, compliance certification, jurisdiction-specific legal review, or a substitute for review by qualified legal counsel. The Client remains responsible for final legal content and compliance.

14. Legal Texts, Compliance, and Regulated Claims

The Company does not provide legal, tax, financial, medical, regulatory, compliance, accessibility, privacy, or professional licensing advice unless expressly agreed in a separate written agreement. The Client is solely responsible for ensuring that all business statements, legal texts, claims, disclosures, regulatory notices, product claims, service claims, testimonials, guarantees, pricing representations, industry-specific statements, and required compliance disclosures are accurate, lawful, and appropriate for the Client’s target markets and sales markets.

If the Client operates in a regulated industry, including but not limited to healthcare, legal services, finance, insurance, real estate, supplements, cosmetics, veterinary services, food, cannabis, alcohol, employment, or professional licensing, the Client is responsible for obtaining qualified legal or regulatory review before approving publication.

15. Client Materials and Content Responsibility

The Client is solely responsible for all materials, images, videos, text, brand assets, trademarks, logos, documents, credentials, product information, business claims, service statements, testimonials, reviews, case studies, compliance statements, licenses, permissions, and rights provided to the Company.

The Client represents and warrants that all submitted materials may lawfully be used for the project and do not infringe third-party rights, privacy rights, publicity rights, intellectual property rights, confidentiality obligations, platform rules, or applicable laws. The Company is not responsible for independently verifying the factual accuracy, legal compliance, ownership status, or regulatory suitability of Client-provided content.

16. Revisions and Corrections

Unless the order confirmation states otherwise, the project includes one design refinement round and one final content correction round for the included scope.

Revisions are limited to refinement of the agreed structure and do not include unlimited redesigns, new strategic directions, replacement of the approved concept, additional pages, new functions, rewritten business positioning, repeated preference changes, or new requirements introduced after project commencement.

Additional revisions, late-stage redesign requests, change of direction, repeated preference changes, revisions caused by incomplete or inaccurate Client input, or revisions beyond the included scope may be billed additionally.

17. Subjective Dissatisfaction

Subjective dissatisfaction, aesthetic disagreement, internal stakeholder disagreement, preference changes, differing creative opinions, changed expectations, competitor comparisons, or the Client’s belief that the website should look different do not constitute breach, defect, non-performance, or failure of the Company to perform the Service.

Payment obligations are independent of subjective satisfaction. The Client may not withhold, delay, reduce, offset, or dispute payment based on aesthetic disagreement, internal disagreement, preference changes, perceived incompleteness outside the agreed scope, or subjective dissatisfaction.

18. Limited Interaction and Communication

The Service does not include unlimited consulting, unlimited strategy sessions, unlimited meetings, unlimited calls, unlimited communication, unlimited revisions, unlimited post-launch support, or extended Q&A unless separately agreed in writing.

The Company may reasonably limit communication channels, response formats, meetings, review processes, and feedback rounds to maintain operational efficiency and project progress.

19. Change Requests

Any request that changes, expands, or materially affects the selected configuration is a change request. This includes additional pages, additional content, additional forms, new integrations, new design direction, additional copywriting, new legal requirements, additional third-party tools, changed branding, expanded SEO requirements, new technical functionality, or repeated revisions beyond the included scope.

The Company may accept, reject, defer, or separately quote change requests. The Company is not obligated to perform additional work unless the change request is approved in writing and any required additional payment has been agreed.

20. No Oral Modifications

No oral statement, sales discussion, meeting conversation, support communication, informal message, email exchange, chat message, or operational communication modifies the agreed scope unless expressly confirmed in writing by the Company as a scope modification.

No course of dealing, course of performance, acceptance of payment, delay in enforcement, or informal cooperation shall modify these Service Terms or the agreed scope unless expressly confirmed in writing by the Company.

21. Project Timeline, Client Cooperation, and Delays

Estimated project timelines are non-binding estimates only and depend on timely Client cooperation, complete materials, accurate information, required access, approvals, feedback, payment, legal texts, brand materials, content, and decisions.

The Company does not guarantee any fixed launch date, completion date, publication date, delivery milestone, or deployment deadline unless such deadline is expressly confirmed in writing by the Company as a guaranteed deadline.

If the Client delays, fails to respond, provides incomplete materials, changes direction, withholds approvals, requests additional revisions, fails to provide required access credentials, delays legal review, delays content approval, delays payment, or fails to provide required decisions, the project timeline may be extended. The Company may pause the project, reschedule production, reprioritize internal resources, reallocate production capacity, or require additional fees if delays create additional work, rework, scheduling conflicts, or operational inefficiency.

If the Client becomes inactive, materially delays cooperation, or fails to provide required feedback, access, content, approvals, or decisions for more than fourteen (14) calendar days, the Company may pause, reschedule, reprioritize, or reallocate the project without liability. Restarting a paused or inactive project may require rescheduling, re-review, reactivation work, updated pricing, or a restart fee if commercially reasonable.

22. Delivery, Review, and Acceptance

Deliverables may be provided through staging links, screenshots, website previews, development URLs, review environments, screen recordings, written summaries, files, or other commercially reasonable delivery or review methods determined by the Company.

A website, milestone, page structure, draft, design, content section, or other deliverable may be considered delivered when it is made available to the Client for review through a staging environment, preview link, development URL, review environment, screenshot presentation, screen recording, written summary, file delivery, or other commercially reasonable review method.

The Client must review deliverables promptly and identify any material nonconformity with the agreed scope in writing. Unless a different period is stated in the order confirmation, deliverables are deemed accepted if the Client does not report a material scope-related defect in writing within seven (7) business days after delivery, preview, review request, staging access, or publication.

Silence, continued use, launch approval, payment, request for unrelated changes, publication approval, use of the website, or failure to respond may be treated as acceptance.

Final publication, launch approval, written approval, or use of the website by the Client constitutes confirmation that the Client reviewed and approved the deliverables.

23. Payment Independence and Installment Timing

Payment obligations are independent of final launch, publication, deployment, subjective satisfaction, internal approval processes, future business usage, pending revisions, post-launch performance, or business results.

Installment payments begin upon order confirmation and according to the approved payment schedule, regardless of whether the website has already been launched, published, fully populated with Client content, finally approved by internal stakeholders, or placed into active commercial use.

The Client may not withhold, offset, delay, reduce, or suspend payments based on pending revisions, subjective dissatisfaction, delayed feedback, internal stakeholder disagreements, launch timing, future expectations, anticipated business results, post-launch performance, or the Client’s decision not to use the website.

If an installment plan is approved, the payment schedule is an approved commercial payment arrangement and not a completion-based payment plan unless expressly stated otherwise in writing by the Company.

24. Device, Browser, and Responsive Differences

Minor visual differences between devices, browsers, operating systems, screen resolutions, responsive breakpoints, color profiles, rendering engines, accessibility settings, third-party environments, or user device settings do not constitute defects.

Responsive design means that the website is intended to adapt reasonably to common device categories and screen sizes. It does not guarantee identical appearance, identical spacing, identical typography, identical rendering, or identical behavior across all devices, browsers, versions, or technical environments.

25. Hosting, Domains, Maintenance, and Post-Launch Support

Hosting, domains, DNS management, email hosting, server administration, uptime monitoring, malware removal, backups, plugin updates, WordPress core updates, theme updates, compatibility management, third-party software monitoring, security monitoring, ongoing maintenance, post-launch support, and ongoing changes are not included unless separately agreed in writing.

The Company has no ongoing duty to monitor, maintain, update, supervise, review, optimize, repair, or secure the website after delivery unless separately agreed in writing.

The Company is not responsible for outages, downtime, errors, data loss, performance degradation, plugin conflicts, cyberattacks, malware, third-party updates, hosting limitations, DNS issues, email delivery issues, platform policy changes, or external provider failures unless directly caused by the Company’s own proven breach of the applicable agreement.

26. Future Compatibility

The Company does not guarantee indefinite compatibility with future WordPress versions, plugins, themes, browsers, APIs, hosting environments, PHP versions, security updates, third-party tools, operating systems, or platform changes.

Future updates, compatibility work, repairs, migrations, redesigns, replacements, plugin changes, hosting adjustments, or technical remediation are not included unless separately agreed in writing.

27. No Continuous Optimization

The Service includes delivery of the agreed website scope only. It does not include ongoing optimization, continuous improvement, iterative performance enhancement, recurring strategic work, recurring SEO, recurring conversion optimization, analytics review, campaign management, website management, or ongoing marketing execution unless separately agreed in writing.

28. Third-Party Costs and External Services

External costs are not included unless expressly agreed in writing. External costs may include hosting, domains, SSL certificates, software subscriptions, premium plugins, premium themes, licensed media assets, stock photography, stock video, fonts, AI tools, API usage fees, booking tools, analytics tools, CRM tools, payment providers, email services, third-party platforms, and external service providers.

The Client may be required to pay such costs directly or reimburse the Company if the Company agrees to advance them. The Company is not responsible for third-party pricing changes, renewal fees, cancellation rules, service interruptions, policy changes, data practices, or platform limitations.

29. Payment Terms

Unless otherwise agreed in writing, payment is made by invoice only. The configured project price is payable according to the order confirmation, invoice, and selected payment arrangement. Work begins only after the required initial payment has been received in cleared funds.

The Client is responsible for all applicable taxes, third-party costs, bank fees, transfer fees, chargeback fees, and collection costs unless prohibited by applicable law.

Payment obligations are independent of subjective satisfaction, internal approval issues, preference changes, aesthetic disagreement, or the Client’s failure to review the agreed scope before ordering.

30. Installment Payment Options

Installment payment options are available only for approved business clients and only at the sole discretion of the Company. Installment plans are commercial payment arrangements and are not consumer credit offers, loans, financial products, or regulated consumer financing products.

For approved installment plans, the first payment is always 30% of the net order value and becomes due upon order confirmation. Work begins only after the initial payment has been received. Remaining payments are due according to the approved installment schedule.

• Projects from USD $1,900 to USD $3,000 may be eligible for up to three monthly installments with no installment surcharge.
• Projects from USD $3,001 to USD $5,000 may be eligible for up to six monthly installments with a 1.5% monthly installment surcharge.
• Projects above USD $5,001 may be eligible for up to twelve monthly installments with a 2.0% monthly installment surcharge.

Late or missed payments may result in project pause, delivery delay, suspension of access, withholding of deliverables, termination, additional fees, or collection measures to the maximum extent permitted by applicable law. Ownership and usage rights transfer only after full payment has been received.

31. Chargebacks and Payment Disputes

The Client agrees not to initiate any chargeback, reversal, or payment dispute except in cases of demonstrable fraud.

Dissatisfaction, aesthetic disagreement, internal stakeholder disagreement, disagreement with creative decisions, delayed internal approval, failure to achieve desired business outcomes, or refusal to pay agreed amounts shall not constitute valid grounds for a chargeback or payment dispute.

Any improper chargeback or payment dispute constitutes a material breach. The Client shall be liable for all resulting damages, administrative fees, payment processor penalties, collection costs, arbitration costs, legal fees, and internal administrative expenses.

32. Ownership, License, and Usage Rights

Unless otherwise agreed in writing, final usage rights to completed website deliverables created by the Company transfer to the Client only after full payment has been received.

Until full payment, the Company retains all rights in unpaid deliverables, drafts, concepts, layouts, designs, text, configurations, and other work product to the maximum extent permitted by law.

The Company retains ownership of pre-existing materials, templates, frameworks, reusable components, methods, know-how, internal systems, code libraries, design systems, processes, and production workflows. The Client receives only the rights necessary to use the final paid deliverables for the Client’s business website, subject to third-party license restrictions.

33. No Guarantees

The Company does not guarantee rankings, indexing, traffic, impressions, clicks, inquiries, leads, sales, revenue, conversions, hiring results, search visibility, AI-generated answer inclusion, local visibility, customer trust, public perception, review outcomes, business growth, or any specific commercial result.

Technical SEO foundations, structured architecture, GEO-oriented structure, and visibility-oriented implementation do not guarantee indexing, ranking, visibility, AI inclusion, discoverability, traffic, or commercial performance.

Any examples, descriptions, strategic rationales, optimization labels, or explanatory statements are for describing the intended structure and professional approach only. Actual results depend on numerous factors outside the Company’s control.

34. Methodology and Evidence-Informed Structure

The Company may describe the Service as informed by established UX, readability, marketing, conversion, trust-building, and information-architecture principles. Such descriptions do not constitute scientific guarantees, clinical claims, legal claims, performance warranties, or promises of measurable results.

The Company’s professional judgment determines how such principles are applied within the selected scope, available content, budget, technical environment, and Client-provided materials.

35. Third-Party Platforms

The website may rely on WordPress, themes, plugins, hosting providers, domain registrars, DNS providers, analytics tools, form tools, booking tools, cookie tools, security tools, or other third-party services. The Company does not control third-party platforms and is not responsible for third-party changes, bugs, outages, policy changes, incompatibilities, fees, security incidents, or discontinued services.

36. Dependency Damages

The Company shall not be liable for dependency-related damages, lost business opportunities, operational disruption, lead loss, reputational impact, loss of revenue, loss of profits, website downtime, delayed launch impact, business interruption, or Client-side operational consequences.

The Client is responsible for maintaining independent business continuity, backups, alternative communication channels, internal review processes, legal compliance, and operational safeguards.

37. Portfolio Use

Unless the Client expressly objects in writing, the Company may identify the completed project in its portfolio, case overviews, internal references, marketing materials, or service presentations, provided that confidential information is not disclosed. The Company may link to the publicly available website after launch.

38. Order Records, Evidence, and Electronic Acceptance

The Client agrees that electronic order submissions, checkbox confirmations, order summaries, invoices, order confirmations, email communications, timestamps, IP addresses, user-agent data, terms versions, and stored configuration summaries may be used as evidence of order content, acceptance, scope, selected options, price, and applicable terms.

The Company may store order records for administrative, legal, evidentiary, and accounting purposes, subject to applicable law and the Company’s privacy practices.

39. Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability arising out of or related to the Service shall not exceed the lower of: (i) the amount actually paid by the Client for the specific Service giving rise to the claim; or (ii) the applicable liability cap set forth in the Master Agreement.

In no event shall the Company be liable for indirect, incidental, consequential, special, exemplary, punitive, dependency-related, reputational, operational, or business interruption damages, including lost profits, lost revenue, loss of data, loss of goodwill, lost opportunities, advertising losses, or website downtime losses.

40. Exclusive Remedy

If liability is established, the Client’s exclusive remedy shall be, at the Company’s sole discretion, reasonable correction of the affected deliverable or re-performance of the affected portion of the Service. Refunds shall not be provided except where expressly required by applicable law or expressly agreed in writing by the Company.

41. Indemnification

The Client shall indemnify, defend, and hold harmless the Company, its owners, officers, employees, contractors, affiliates, and representatives from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to Client-provided content, Client business claims, legal violations, regulatory violations, intellectual property infringement, privacy violations, third-party claims, misuse of the Service, Client business decisions, or breach of these Service Terms or the Master Agreement.

42. Suspension / Refusal / Termination

The Company may suspend, refuse, or terminate the Service immediately if payment is not received, required information is not provided, the Client becomes abusive, unreasonable, or uncooperative, performance becomes impracticable or commercially unreasonable, or the Client materially breaches these Service Terms or the Master Agreement.

If the Client terminates after work has started, all amounts paid remain non-refundable and any unpaid work already performed or committed shall become immediately due to the maximum extent permitted by law.

43. Dispute Resolution

Disputes shall be governed by the dispute resolution, arbitration, venue, class action waiver, jury waiver, fee-shifting, and governing law provisions set forth in the Master Agreement, unless a written agreement expressly provides otherwise.

44. Survival

Any provision that by its nature should survive termination shall survive termination, including provisions relating to payment, chargebacks, intellectual property, confidentiality, disclaimers, limitation of liability, exclusive remedy, indemnification, dispute resolution, legal fees, ownership, evidence, no guarantees, Client responsibility, and legal compliance.

45. No Waiver

Failure by the Company to enforce any provision of these Service Terms shall not constitute a waiver of any right or provision. No waiver shall be effective unless expressly confirmed in writing by the Company.

46. Amendments

No amendment, modification, supplement, waiver, rescission, discharge, or termination of these Service Terms, or of any provision of these Service Terms, shall be valid or enforceable unless contained in a written instrument expressly referring to these Service Terms and confirmed by the Company.

47. Severability

If any provision of these Service Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the maximum extent permitted to preserve its intended effect.

48. Entire Agreement for the Service

These Service Terms, together with the Master Agreement, applicable order form, configuration summary, invoice, order confirmation, and any written service description issued or accepted by the Company, constitute the entire agreement relating to the Service and supersede all prior discussions relating to that Service.

No informal communication, marketing statement, sales statement, explanatory example, website copy, presentation, social media content, or pre-contract discussion shall modify the agreed scope unless expressly confirmed in writing by the Company.