Clear terms. No hidden website-design bill.

Agreement and Acceptance

These Terms of Service (“Terms”) are entered into between ATX Stargate Marketing Solutions (“Company,” “we,” “us,” or “our”) and the individual or business using our website or services (“Client,” “you,” or “your”).

These Terms apply when you submit an application after being presented with these Terms, approve a website, purchase a hosting or service plan, authorize payment, create an account, or otherwise affirmatively accept or use our services.

Specific project details shown in an accepted proposal, checkout page, invoice, payment page, written approval, onboarding form, or project communication are incorporated into these Terms for that engagement.

Services Covered

These Terms may apply to services including:

• complimentary website design and development;
• website previews and mockups;
• website hosting and managed website services;
• domain registration or domain-management assistance;
• SSL and website-launch configuration;
• WordPress development and maintenance;
• website migrations;
• design, content, and development services;
• premium themes, plugins, or software access;
• SEO, marketing, advertising, or related services when separately purchased; and
• other digital services expressly agreed between the parties.

The exact services included in a particular engagement are determined by the offer, approved website scope, checkout disclosure, order confirmation, invoice, or written project communication for that engagement.

Free Website Program

3.1 Applications

We may offer a Free Website Program or other complimentary website services. Submitting an application does not guarantee acceptance. We may approve or decline projects based on fit, scope, technical requirements, workload, availability, or other legitimate business considerations.

There is no fee merely to submit an application unless a different charge is clearly disclosed before submission.

3.2 Complimentary Website Work

If accepted, we may create a complimentary website concept, preview, design, initial build, or full website within the approved project scope. The purpose of the program is to allow the Client to evaluate our work before paying a separate website-design/build fee.

3.3 No Obligation to Launch

If you decide not to move forward with a complimentary website, you are not charged a website-design/build fee solely because we created the complimentary work.

3.4 Approval and Activation

If you approve the website and want us to complete the activation or launch, the complimentary website may be conditioned on purchasing the applicable Website Launch Package, hosting plan, or other service disclosed before payment.

Website Launch Package, Hosting, and Domain

4.1 Current Standard Package

The current standard Website Launch Package is $199 for the initial twelve-month term, unless a different price is clearly presented before purchase.

The standard package includes:

• twelve months of website hosting;
• one standard domain registration, subject to availability;
• SSL configuration;
• domain connection and website launch;
• the approved mobile-ready website design/build at no additional design fee; and
• basic hosting support.

Premium, aftermarket, already-owned, unusually priced, or specialty domains may require additional fees. We will disclose any additional domain cost before purchasing it on your behalf.

4.2 Hosting Term

Unless otherwise stated at checkout, the Website Launch Package covers one prepaid twelve-month hosting term. Hosting begins when the package is activated or the website is placed into production, whichever occurs first, unless the order confirmation provides another start date.

4.3 Domain Availability

Domain names are subject to availability and third-party registrar rules. We cannot guarantee that a requested domain will still be available when registration is attempted.

4.4 Domain Transfers

If we register or manage a domain for your website, we may manage the domain through our registrar account for administrative convenience. Subject to registrar restrictions, required waiting periods, account security, and payment of any outstanding balances, you may request reasonable assistance transferring an eligible domain to another registrar or account.

Project Scope and Additional Paid Work

Complimentary website development includes only the pages, features, design direction, integrations, and other deliverables agreed as part of the approved project scope.

Items that may be considered additional paid work include:

• additional pages or substantial redesigns;
• advanced booking or membership systems;
• e-commerce or payment integrations;
• custom databases, portals, or software;
• complex third-party integrations;
• copywriting, photography, video, or branding beyond the approved scope;
• ongoing website edits;
• advanced SEO;
• advertising or campaign management;
• email marketing or CRM work; and
• custom development or functionality not included in the approved project.

We are not obligated to perform out-of-scope work for free. Additional pricing will be disclosed before separately authorized paid work is performed.

Revisions, Review, and Acceptance

6.1 Revisions

Unless otherwise stated in the applicable offer, a complimentary project includes one reasonable consolidated revision round relating to the original approved scope and design direction.

A revision round means one organized set of requested changes communicated at approximately the same time. Requests that add new pages, new functionality, a substantially different design direction, or new project requirements may be treated as additional paid work.

6.2 Review Period

After a deliverable is presented for final review, you should either approve it or provide any included revision request within seven (7) days unless another review period is agreed in writing.

6.3 Acceptance

A deliverable may be considered accepted when you:

• expressly approve it;
• authorize us to launch it;
• purchase the Website Launch Package for the approved website;
• begin using it in a live or production environment; or
• fail to identify a good-faith deficiency within the agreed review period.

Changes requested after acceptance may be treated as additional paid work.

Client Cooperation and Abandoned Projects

You agree to provide reasonably requested information, website content, access credentials, approvals, decisions, and feedback needed to complete the project.

If you fail to respond or provide materials needed to continue a project for thirty (30) consecutive days, we may classify the project as abandoned after making reasonable efforts to contact you.

If a project is abandoned, we may close the engagement, release reserved development capacity, discontinue complimentary work, retain amounts already earned, and require a new agreement or additional fee before restarting work.

Ownership and Intellectual Property

8.1 Your Project-Specific Deliverables

After completion of the project and payment of all amounts required for the applicable service term, you own the original project-specific website content and custom deliverables created specifically for your business, subject to the exclusions below.

8.2 Your Existing Materials

You retain ownership of logos, photographs, videos, text, trademarks, customer information, and other materials that you provide to us. You grant us permission to use and modify those materials solely as reasonably necessary to perform the services.

8.3 Company Materials

We retain ownership of our pre-existing and reusable materials, including templates, master layouts, design systems, workflows, processes, automation, internal tools, prompts, reusable code, scripts, documentation, development systems, reusable sections, and general know-how.

Providing you with a finished website does not transfer ownership of these underlying Company Materials. We may continue using general concepts, components, techniques, and know-how in other projects so long as we do not improperly disclose your confidential information.

8.4 Content Rights

You represent that you own or have permission to use the content, logos, photos, videos, trademarks, and other materials that you ask us to publish. You are responsible for claims resulting from materials you provide or specifically instruct us to use when you do not have the required rights.

Third-Party Software, Themes, Plugins, and Services

Websites may use third-party products and services such as WordPress, themes, plugins, fonts, APIs, analytics services, payment processors, hosting infrastructure, email systems, forms, and other software. Those products remain governed by their own licenses and terms.

We do not control and cannot guarantee that a third-party service will remain available, remain free, keep the same pricing, support a particular feature, remain compatible with your website, or remain continuously secure or error-free.

9.1 Agency Licenses

We may allow your website to use certain premium software through licenses owned by us. Unless expressly stated otherwise, you do not receive ownership of our agency license.

Agency-license access may end if your applicable service ends, your account becomes unpaid, we stop offering the software, the provider changes its terms, or our agency license ends. If you move your website away from our services, you may need to purchase replacement licenses directly from third parties.

Domains, DNS, Email, SSL, and Website Migrations

Website development or launch may require changes to domains, DNS records, SSL certificates, hosting, WordPress, plugins, email routing, servers, or related systems. These changes can occasionally cause temporary disruption.

Possible disruptions include:

• temporary website downtime;
• email-delivery interruptions;
• broken links;
• DNS propagation delays;
• temporary certificate warnings; or
• compatibility issues involving third-party systems.

We will use commercially reasonable care when performing authorized technical work, but we cannot guarantee that migrations or third-party infrastructure changes will be completely interruption-free.

Security and Backups

We use reasonable measures appropriate to the services we provide, but no website, server, plugin, account, or online system can be guaranteed to be completely secure.

Even when hosting, backups, monitoring, or security tools are included, we do not guarantee that every cyberattack, malware infection, data-loss event, unauthorized-access event, platform failure, or technical problem can be prevented or fully recovered.

You are responsible for protecting credentials provided to you and for promptly notifying us when you believe an account or credential may have been compromised.

No Guarantee of Leads, Jobs, Sales, or Business Results

Our goal is to create a stronger online presence and make it easier for potential customers to understand, trust, and contact your business. However, we do not guarantee any particular:

• Google or search-engine ranking;
• website traffic level;
• number of leads, calls, inquiries, bookings, or jobs;
• conversion rate;
• sales volume or revenue;
• advertising result;
• profitability; or
• other business outcome.

Portfolio examples, testimonials, demonstrations, discussions, mockups, projections, or past outcomes are not promises of future results.

Website Accessibility, Privacy, and Legal Compliance

Unless we separately agree in writing to provide a specific compliance service, you are responsible for determining the legal and regulatory requirements that apply to your business, website, industry, customers, and data collection.

This can include requirements relating to:

• website accessibility;
• privacy and data protection;
• cookie notices and tracking technologies;
• industry-specific disclosures;
• professional licensing;
• consumer protection;
• advertising claims; and
• terms, notices, or policies applicable to your own customers.

We provide website and marketing services and do not act as your attorney, accountant, or regulatory adviser.

Portfolio and Marketing Use

Unless you request otherwise, you grant us permission to display your business name, logo, publicly accessible website screenshots, public website content, and general non-confidential project information in our portfolio, website, social media, case studies, proposals, advertising, and other marketing materials.

You may request that we stop future portfolio or marketing use by contacting us at andersoausten@gmail.com . We will make reasonable efforts to honor the request.

Confidential Information

Each party agrees to use reasonable care to protect non-public confidential information obtained from the other party during an engagement.

Confidential information may include non-public business strategies, customer information, unpublished products, internal processes, access credentials, pricing information, technical information, and other information reasonably understood to be confidential.

Confidentiality obligations do not apply to information that becomes public through no breach of these Terms, was already lawfully known, is independently developed, is lawfully received from another source, or must be disclosed by law.

Billing, Annual Renewal, and Failed Payments

16.1 Payment Authorization

You agree to provide accurate billing information and authorize us and our payment processor to charge amounts that you knowingly approve.

The price, billing frequency, included services, initial commitment, and renewal terms disclosed on the payment page, invoice, checkout page, or order confirmation control for that purchase.

16.2 Annual Hosting Renewal

Unless otherwise stated before purchase, the Website Launch Package is an annually renewing service. By purchasing an automatically renewing plan after the renewal terms have been presented to you, you authorize the applicable annual charge until you cancel future renewal.

The initial standard Website Launch Package price is currently $199 for twelve months. Future renewal pricing may change. If we change the renewal price, we will provide notice where required before the new price is charged.

16.3 Cancellation

You may cancel future automatic renewal before the next renewal date by contacting us at andersoausten@gmail.com or by using any self-service cancellation method we make available.

Cancellation prevents future renewal charges. Unless otherwise required by law or expressly stated in a particular offer, cancellation does not create a prorated refund for a current prepaid annual term.

16.4 Failed Payments

If a scheduled payment fails, we may contact you and provide a reasonable opportunity to update your payment information. If a legitimate balance remains unpaid after notice, we may suspend hosting, maintenance, premium software access, or other affected services until the account is brought current.

Refunds, Billing Questions, and Chargebacks

17.1 Refund Policy

Except where required by law or expressly stated in a specific offer, hosting fees are non-refundable after the applicable hosting term begins, completed paid development work is non-refundable, and fees for work already performed are non-refundable.

17.2 Billing Questions

If you believe a charge is incorrect, please contact us so we can investigate and attempt to resolve the issue promptly.

17.3 Chargebacks

We ask that you make a good-faith effort to resolve billing disputes directly with us before initiating a chargeback. Nothing in these Terms waives any non-waivable rights you may have under applicable law or payment-card network rules.

Fraudulent or bad-faith payment disputes may result in suspension or termination of services and recovery of amounts legitimately owed to the extent permitted by law.

Suspension, Cancellation, and Termination

You may discontinue services subject to the cancellation and payment provisions applicable to your plan.

We may suspend or terminate affected services when:

• you materially violate these Terms;
• required payments remain unpaid after reasonable notice;
• you provide fraudulent or materially false information;
• you use the services unlawfully;
• your conduct creates a material security, legal, or technical risk;
• you misuse our intellectual property; or
• you engage in abusive, threatening, or unlawful conduct toward our team.

18.1 Effect of Ending Hosting

When hosting or managed services end, hosting may cease at the end of the paid term, maintenance stops, premium agency licenses may be removed, Company-owned tools may stop functioning, and future updates are no longer included.

If you own the completed project-specific website under Section 8, you may request reasonable cooperation to migrate the website to another provider. Technical migration assistance beyond providing available exportable files may require a separate fee.

We are not required to store terminated accounts indefinitely and may delete working files, backups, or other project data after thirty (30) days, subject to applicable law and any separate written agreement.

Disclaimer of Warranties and No Service-Level Guarantee

To the fullest extent permitted by applicable law, services are provided on an “as is” and “as available” basis.

We do not warrant that:

• services will be uninterrupted;
• websites will never experience downtime;
• every defect will be corrected immediately;
• third-party services will remain available;
• software will remain compatible forever;
• a website will function identically on every future device or browser; or
• the services will produce a specific commercial outcome.

Unless we expressly enter into a separate written service-level agreement, no guaranteed uptime percentage, guaranteed response time, or guaranteed repair time applies.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company and its owners, employees, contractors, agents, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the services, including alleged lost profits, lost sales, lost leads, lost data, loss of goodwill, business interruption, advertising losses, website downtime, or missed business opportunities.

These limitations apply only to the extent permitted by applicable law and do not exclude liability that cannot legally be limited or excluded.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless the Company and its owners, employees, contractors, and agents from third-party claims arising from:

• unlawful content or materials you provide;
• materials you provide without the necessary rights or permissions;
• your material violation of these Terms;
• your unlawful misuse of the website or services;
• products or services you independently sell through your website; or
• specific instructions you provide that cause infringement or unlawful harm to a third party.

This section does not require indemnification where applicable law prohibits shifting the relevant liability.

Prohibited Uses

You may not use our services to:

• violate applicable law;
• commit fraud or impersonate another person or business;
• distribute malware or malicious code;
• infringe intellectual-property or privacy rights;
• conduct unauthorized security testing;
• access systems or accounts without permission;
• interfere with our infrastructure or other clients;
• distribute unlawful material; or
• misuse another person's confidential information.

We may refuse, suspend, or terminate services associated with prohibited activity.

General Legal Terms

23.1 Force Majeure

Neither party will be liable for reasonable delay or failure caused by circumstances beyond that party's reasonable control, including severe weather, hurricanes, natural disasters, war, civil unrest, government action, widespread internet outages, utility failures, cyberattacks, third-party platform failures, or similar events.

23.2 Independent Contractor

The Company is an independent contractor. Nothing in these Terms creates an employment relationship, partnership, franchise, joint venture, or agency relationship between the parties.

23.3 Electronic Acceptance

These Terms may be accepted electronically. Checking an agreement box, clicking an acceptance button, purchasing a service after receiving the applicable disclosures, or otherwise affirmatively agreeing may constitute electronic acceptance.

23.4 Changes to These Terms

We may update these Terms periodically. The “Last updated” date identifies the current published version. Material changes affecting an existing recurring service will be communicated where required by law or where reasonably appropriate.

Changes will not retroactively create a new payment obligation that was not disclosed when the applicable service was purchased.

23.5 Assignment

You may not transfer material rights or obligations under these Terms without our written consent except where applicable law provides otherwise. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of the business, or transfer of substantially all relevant assets.

23.6 Severability

If a provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.

23.7 Entire Agreement

These Terms, together with the applicable checkout disclosures, invoice, proposal, order confirmation, Privacy Policy, and any separately signed agreement, constitute the agreement concerning the applicable services.

If a specific checkout disclosure, invoice, or written order conflicts with these general Terms regarding price, billing frequency, or specifically included deliverables, the more specific disclosure for that purchase controls.

23.8 Governing Law

These Terms are intended to be governed by the laws applicable to the Company and the transaction, without eliminating any non-waivable rights available to a Client under applicable law.

Before beginning a formal legal claim, the parties agree to make a good-faith effort to resolve the dispute directly for at least thirty (30) days after written notice describing the dispute and requested resolution, except where immediate legal or equitable relief is reasonably necessary.

23.9 Truthful Reviews

Nothing in these Terms prevents you from publishing a truthful, good-faith review or honest opinion about our services. You may not knowingly publish false statements, unlawfully disclose protected confidential information, or engage in conduct that is otherwise unlawful.

Contact Information

Legal, billing, cancellation, and service notices may be sent to the contact email above unless another contact method is expressly provided to you.