Service Terms

Each plan includes everything in the plan above it in this list, except Storefront, which is a standalone package for online-only businesses.

User counts are reviewed monthly. If your user count exceeds your plan’s included seats, additional seats are billed at the rate above starting the following billing cycle.

Support covers keeping your existing systems, accounts, website, and services working as intended: troubleshooting, fixes, routine maintenance, configuration, and advice. Support is delivered remotely. On-site visits are scheduled by mutual agreement and quoted separately.

Lifeline includes unlimited support, troubleshooting, and tech consulting; vendor coordination on your behalf; and Microsoft 365 or Google Workspace user administration for the users included in your plan: accounts, onboarding and offboarding, password resets, shared drives and permissions.

Presence adds managed website hosting with SSL, website backups, and uptime monitoring; full tenant administration of Microsoft 365 or Google Workspace; SharePoint and Teams structuring; MFA setup and enforcement; and Secure Score improvement.

Transformation adds a custom website built for you, then continuously maintained, secured, and improved after launch. The build is delivered within 60 days, counted while we have the content, access, and approvals we need from you under section 8; days spent waiting on those do not count toward the 60.

Not included, and quoted separately as project work: new websites or applications (other than the build included in Transformation and Storefront), new system rollouts and migrations, server and database management (available as add-ons above), hardware, and graphic design beyond website content. “Unlimited” support means unlimited reasonable requests within the scope above.

Business hours are Monday through Friday, 9:00 AM to 6:00 PM Eastern, excluding federal holidays. These are targets for our initial response, not guaranteed resolution times. An “emergency” means your website or a business-critical system is fully down, or we or you have confirmed an active, ongoing unauthorized intrusion into a system we administer that is causing or imminently threatening material harm. A phishing message, a security alert, or a suspected but unconfirmed event is not an emergency.

Response targets are measured from our receipt of your report through the channel we give you, not from when the underlying event happened. Automated monitoring alerts do not start a response clock. If we miss a target, your sole remedy is the service credit described in section 12.

Routine maintenance and patching are performed during scheduled windows, normally outside business hours, with advance notice for anything that may cause an interruption.

Checkout stores your payment method; billing begins only once we have confirmed your needs and started your service. Fees are billed monthly in advance and charged automatically to your payment method on file, along with add-ons, additional seats, approved third-party costs, approved hourly work, and late charges on those amounts. Larger or one-off amounts, including any early-termination amount, the Storefront build fee, a reconnection fee, and any indemnity, are invoiced and payable within 10 days rather than charged automatically. Your subscription renews automatically each month until cancelled.

Storefront build milestones. The $4,500 build fee for Storefront (build + care) is billed in two equal parts: $2,250 when we confirm your order and begin work, and $2,250 on completion, meaning your approval of the finished build. Each part is invoiced and payable within 10 days. If you do not give us written comments or approval within seven business days of delivery, the build is treated as approved and the second part becomes due. Once we have delivered the second round of revisions, the build is treated as approved whether or not you confirm it, and comments that go beyond the design direction you approved are change orders rather than grounds to withhold approval. Both parts are charged automatically to the payment method you keep on file. Monthly fees for this plan begin on completion and are billed with the second part. You are not billed monthly while the build is in progress.

Third-party costs purchased on your behalf (domains, licenses, premium software) are billed at cost plus any disclosed management fee. Any single item over $100 requires your approval first.

If a payment fails, we will retry and notify you. Accounts more than 30 days past due may be suspended until brought current. Suspension does not reduce or pause fees that continue to accrue during the initial term of a term plan. We may adjust pricing with 60 days’ written notice, no more than once per 12-month period, and never during the initial term of a term plan.

Late payment. Any amount not paid when due accrues a late charge from the due date until paid, at the lesser of 1.5% per month or the maximum rate permitted by applicable law. A late charge covers the administrative cost and delay of a missed payment; it does not authorize late payment or waive any other remedy. Waiving a late charge in one month does not waive it in any other month.

Costs of collection. If we have to pursue payment of an amount you owe and we recover any part of it, you will reimburse our reasonable costs of collection, including court costs, filing fees, collection agency fees, and reasonable attorney fees, whether incurred before or after filing suit and including on appeal.

Taxes. Fees are exclusive of any sales, use, or similar taxes, including any tax on data or information technology services. You are responsible for those taxes, other than taxes on our net income, and we may add them to your invoice.

Renewal reminder. For any initial term of one year or longer, we email you a reminder 15 to 45 days before that term ends, stating the end date, the price that applies afterward, and how to cancel.

You may cancel at any time from your billing portal or by emailing us. Either counts as written notice. Cancellation takes effect 30 days after we receive it, or at the end of the then-current billing period if that is later.

Month-to-month plans (Lifeline, Presence, Storefront build + care): on cancellation, we refund any unused full months you have paid in advance. The current billing period is non-refundable once service has been used during that period, and service continues through the end of that period.

Term plans (Transformation, Storefront zero-down): these carry a 12-month minimum commitment because the website build is delivered with no upfront cost, and they require a signed service agreement before service begins. If you cancel before month 12 for any reason other than our uncured material breach, or if we terminate for your non-payment or material breach, an early-termination amount becomes immediately due and payable. It is the sum of two parts: the unrecovered value of the website build, being the build value stated in your order form divided by twelve and multiplied by the whole months remaining; plus fifty percent of the remaining monthly service fees, where the service fee is your plan fee less one twelfth of the build value. The build value is capped at $4,500, and the total can never exceed the monthly fees that would have fallen due over the rest of the term. That amount is agreed liquidated damages; it is not a penalty. The build part is recovered in full because that cost is already spent, and the service part is halved because we avoid the cost of performing it. Your license to use the website continues only while your account is current, and ownership does not transfer until the initial term is paid in full. Refunds do not apply during the initial term. After month 12, these plans continue month-to-month and the refund policy above applies.

If we are at fault: the paragraph above does not apply where you cancel because we have materially breached these terms and have not cured that breach within 30 days of your written notice. In that case you owe only the fees accrued through the cancellation date, and website ownership transfers to you on payment of the unrecovered build value calculated as above.

The Storefront build deposit. The first $2,250 is non-refundable once we begin work. It reserves your build slot and pays for work performed before completion. If you cancel before the build is complete, you owe nothing further: the second $2,250 does not become due, no monthly fees have begun, and ownership of the website does not transfer. We keep the work done to that point in its entirety and you receive no license to it. Your domain remains yours, and we will return the content and materials you supplied.

If we are the ones who cannot finish. Where we end the services because of illness or incapacity, on death, or for our convenience, or where you end them because we have materially breached and not fixed it, the second $2,250 does not become due and we will refund the part of the deposit that exceeds the value of the work we had performed.

Your domain is yours at all times. We register and manage it with you listed as the owner. We will transfer it promptly on request once your account is current.

Website ownership: for Transformation and Storefront zero-down, full ownership of the website design and content transfers to you once the 12-month term is both completed and paid in full, or earlier once any early-termination amount is paid in full. For Storefront build + care, ownership transfers when the build fee is paid in full, meaning both parts of the $4,500 build fee. Until transfer, you hold a license to use the website for your business for as long as your account is current.

What we keep: we retain ownership of our own pre-existing and general-purpose materials, including code libraries, frameworks, templates, scripts, tooling, configurations, and know-how that are not specific to you. Ownership transfer does not include those. We grant you a perpetual, non-exclusive, royalty-free license to use them to the extent they are built into your website.

Third-party components: your website may include third-party software, fonts, images, or services licensed under their own terms. Those terms continue to govern those components and are not transferred to you.

Your content: you confirm you own or have the rights to all content, images, product information, and materials you supply or upload, and you are responsible for what you publish. You grant us the license needed to host, display, and modify that content in order to deliver the services.

Your edits: changes you make in the website editor or through your own access are your responsibility. We will restore your site from backup at no charge up to twice per calendar year for issues caused by your own edits. Additional restorations, or repair of breakage caused by you or by a third party you engage, are billed hourly with your approval first.

All payment processing runs through your own merchant account. You are the merchant of record for your sales. We do not store, process, or transmit cardholder data. You are responsible for chargebacks, refunds, disputes, sales tax collection and remittance, shipping and returns, product legality, and consumer protection compliance for your business.

Customer data: customer personal data collected through your storefront is yours and you are its controller. We host it on your behalf. You are responsible for your storefront's privacy policy, cookie and tracking disclosures, marketing consent, and compliance with applicable privacy, email, and telemarketing laws, including CAN‑SPAM and the TCPA, for any messaging you send or configure.

PCI DSS: you are responsible for determining and completing the self-assessment questionnaire applicable to your payment configuration and for the rules of your acquirer and the card brands. We recommend and will implement a hosted or tokenized payment method that keeps cardholder data off systems we operate. If you direct a configuration that places cardholder data on systems we operate, you do so at your own risk. We are not a PCI-validated service provider and make no representation of PCI compliance.

Accessibility: we build to the design direction you approve. We do not warrant that your website conforms to the Web Content Accessibility Guidelines at any level, to the Americans with Disabilities Act, or to any accessibility or consumer-facing legal standard, unless you purchase an accessibility remediation package. You are responsible for the legal compliance of what you publish and sell, including product claims, pricing and advertising disclosures, terms of sale, returns, and age or license restrictions.

Designate a primary point of contact, provide timely access, content, and approvals, and keep your account information current. We are not responsible for delays caused by missing access or materials.

Security. You are responsible for:

• the confidentiality and hygiene of credentials held by your people;
• enrolling all users in multi-factor authentication and not disabling it;
• the security, patching, and malware protection of devices you or your people control;
• telling us promptly when someone leaves and when you suspect a compromise;
• verifying payment instructions, and changes to payment instructions, by a channel other than email before acting on them;
• the acts and omissions of your people, contractors, and other vendors.

We are not responsible for a security incident to the extent it results from credentials issued to your people, a device or network you control, your failure to act on a security recommendation we give you in writing, social engineering or invoice fraud, software you procure or administer yourself, or the acts of your people or other vendors.

Your equipment. Hardware, network equipment, and devices are yours. Back up any device before we work on it. We are not liable for loss of data, loss of use, or damage to equipment arising from work on equipment you own, from equipment failure, or from age, prior condition, or manufacturer defect. We do not warrant the performance of your internet, power, or telephony. Where we attend your premises you will provide safe access.

Regulated data. You confirm the systems we administer do not contain, and you will not place in them, protected health information, cardholder data, or other regulated data unless you tell us in writing in advance and we sign the applicable addendum. Personal data of people in the European Economic Area, the United Kingdom, or Switzerland is not regulated data for this purpose where it reaches us only because someone placed an order through your storefront or contacted you through your website in the ordinary course, and you do not target or market to those territories. If regulated data is present without that notice, we may suspend or end the affected services immediately, and you are responsible for claims and penalties arising from its presence.

Confidentiality is mutual. Each of us will keep the other's non-public business, technical, and customer information confidential, use it only to perform or receive the services, and protect it with at least reasonable care. This lasts for three years after the services end, and indefinitely for anything that is a trade secret. It does not apply to information that is or becomes public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or is rightfully received from a third party. Disclosure required by law is permitted with prompt notice where the law allows it.

Our security practices. We use commercially reasonable security practices appropriate to the size and nature of our business, including access controls, multi-factor authentication on the administrative accounts we control, and encrypted credential storage. We are not certified under and make no representation of compliance with SOC 2, ISO 27001, NIST, CMMC, PCI DSS, HIPAA, or any similar framework, and we do not warrant that any system will be free from unauthorized access. Security questionnaires, audits, and third-party assessments requested by you or your insurer are billable.

Incident notice. We will notify you without undue delay, and in any event within 72 hours, after we confirm unauthorized access to or acquisition of your data in a system we administer. Unsuccessful access attempts, scans, phishing messages received, malware blocked, and events on systems you control are not incidents for this purpose. You remain responsible for deciding and discharging any obligation to notify individuals or regulators, and for the cost of doing so. Forensic investigation, breach notification, credit monitoring, regulator correspondence, and post-incident rebuild are project work quoted separately and are not within support.

Backups. Where your plan includes backups, they cover the hosted website and its database only. Microsoft 365 and Google Workspace data, including mailboxes, OneDrive, SharePoint, Google Drive, Teams, and Chat, is not backed up by us unless you purchase the Tenant Backup add-on. Website backups run daily with 30-day retention; the Tenant Backup add-on runs daily with 365-day retention. Backups are a recovery aid and not a substitute for your own records. We do not warrant that any backup will be complete, uncorrupted, or restorable.

Personal data. Where we handle personal data on your behalf, you are the controller and we are the processor, and we act only on your instructions and only to deliver the services. If you require a written data processing agreement, ours applies unless we sign yours. No data processing terms presented after your start date, and no terms incorporated by a vendor portal, questionnaire, or purchase order, bind us unless we sign them, and none of them expands our liability beyond section 10.

On termination, once your account is current, we will hand over hosting, credentials, backups, and materials belonging to you within 15 business days. We may delete your data, backups, and credentials 30 days after that handover.

We perform services in a professional and workmanlike manner. Beyond that, services are provided “as is.” We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that your website will be free of interruption or error, that it will produce any particular business result, search ranking, or level of traffic, or that it will comply with any law, regulation, accessibility standard, or industry framework.

We are not liable for outages or failures caused by third-party services beyond our control, including cloud hosting providers, payment processors, domain registrars, internet providers, and software vendors. Hosting includes bandwidth and storage reasonable for a small business website; in the event of sustained extraordinary traffic or denial-of-service activity, we may pass through resulting hosting costs at cost with notice, and take protective measures to preserve service.

Our cap. Except for amounts you owe us, your breach of confidentiality, and your indemnities below, our total liability is limited to the fees you paid in the three months preceding the claim. For claims arising from unauthorized access to, disclosure of, or loss of data, however framed, our liability will not exceed the greater of the fees you paid in the twelve months preceding the incident or $10,000, and that is the sole measure of our liability for those claims.

Nothing here limits liability for gross negligence, willful misconduct, or fraud, or any liability that cannot be limited by law. Neither party is liable for indirect or consequential damages, or for lost profits, lost revenue, lost data, or loss of goodwill, except that this does not apply to amounts you owe us.

Your indemnity. You will defend and indemnify us against third-party claims arising from the content, products, or services you publish or sell; your collection or handling of customer data; your sales tax, shipping, returns, accessibility, or consumer protection obligations; and your breach of the content warranty in section 06.

Our indemnity. We will defend and indemnify you against third-party claims that the code and design we originate for your website infringe a United States copyright or trademark, provided the claim does not arise from your content, materials you supplied, or your modifications. We may instead procure the right for you to keep using the material, replace it with something functionally equivalent, or end the affected services and refund the fees paid for that material for the three preceding months. Those options are your exclusive remedy for infringement. Our obligation to defend and indemnify you under this paragraph is not limited to less than $25,000.

You will not use, and will not permit anyone to use, the services or any system we administer to:

• violate law or third-party rights;
• send unsolicited bulk email, or email to purchased, rented, or scraped lists;
• distribute malware, or engage in phishing, credential harvesting, scanning, penetration testing without our written consent, or denial-of-service activity;
• mine cryptocurrency;
• host or distribute adult content, gambling, or content prohibited by our hosting provider;
• resell, sublicense, or provide hosting, mail, or support to third parties;
• store data belonging to a third party for whom you are not authorized;
• consume resources in a way that materially degrades service to others; or
• infringe intellectual property.

We may remove, disable, or refuse content or activity that violates this section or that is the subject of a takedown notice, subpoena, or legal demand, without prior notice and without liability. You will indemnify us against claims, penalties, blocklisting costs, and remediation costs arising from your breach of this section.

Suspension. We may suspend any or all services immediately if your account is more than 30 days past due; you initiate a chargeback for services rendered; we reasonably believe a system, account, or credential is compromised or is being used to attack, spam, or harm others; you breach this section; a third-party platform requires it; or continued service would expose us or another client to legal, security, or reputational risk. A suspension is not a breach by us, does not entitle you to a credit or refund, and does not pause fees, which continue to accrue. We will restore service promptly once the cause is cured.

Chargebacks. Before initiating a chargeback or payment dispute, contact us and allow 15 days to resolve it. Initiating a chargeback for services rendered is a material breach. You will reimburse any chargeback, representment, and bank fees we incur.

Either of us may end the services if the other materially breaches these terms and does not fix it within 30 days after written notice describing the breach.

We may end the services immediately if your account is more than 45 days past due, if you use the services for unlawful purposes, if you breach section 11, or if your content or conduct exposes us or our other clients to legal or security risk.

We may end the services for convenience on 60 days written notice. If we do that during a 12-month term, no early-termination amount applies, you owe only fees accrued to the termination date, and website ownership transfers on payment of the unrecovered build value. We will provide the handover in section 09 and reasonable transition assistance at our hourly rate.

Missed response targets are handled by credits, not by termination. If we miss a response target, your sole remedy is a credit of 5% of that month's plan fee per missed target, capped at 25% of that month's fee, requested in writing within 30 days. A missed target is not a material breach. If we miss the emergency target three or more times in any rolling 60 days, you may end the affected plan on 30 days notice with no early-termination amount.

These terms are between you and GenieSolos (Gene Garland doing business as GenieSolos). GenieSolos Tech is the technology department that performs the work; it is not a separate legal entity and is not a separate party to these terms. We are an independent contractor, not your employee, and we may use subcontractors and third-party platforms to deliver the services, remaining responsible to you for their work.

Changes. We may update these terms on 30 days' notice. If an update materially reduces the services you receive or materially increases your obligations, you may reject it by written notice within those 30 days, in which case the version in effect when you subscribed continues to apply for the remainder of your then-current term. Each version carries a version identifier and effective date, and we keep dated copies of prior versions.

Assignment. You may not transfer these terms without our written consent, which we will not unreasonably withhold. We may transfer them, without your consent, to a successor entity we form or control, including a limited liability company or corporation into which the GenieSolos business is reorganized, or to a purchaser of substantially all of the assets of the business, provided the transferee takes on our obligations in writing. We will give you written notice.

Things outside our control. Neither of us is liable for a delay or failure caused by events beyond reasonable control, including natural disaster, war, civil unrest, labor disruption, utility or internet failure, government action, epidemic or pandemic, illness, injury or incapacity of key personnel, and cyberattack on us or a provider we rely on. Payment obligations are not excused. If such an event lasts more than 30 consecutive days, either of us may end the affected services on written notice without liability and with no early-termination amount.

Incapacity and continuity. Performance is not personal to any individual, and we may perform through employees, subcontractors, or a qualified substitute provider. If the principal of GenieSolos cannot perform because of illness, injury, or a comparable personal event, our obligations are suspended for the duration plus five business days; that is not a breach. If it continues beyond 45 days, either of us may end the services, you owe fees accrued to that date only, and no early-termination amount applies.

Portfolio. We may identify you as a client and display your website, logo, and a general description of the work in our portfolio, case studies, and marketing. We will not disclose your confidential information in doing so. You may opt out at any time by writing to us and we will remove the material within 30 days.

Notices must be in writing and are effective on the business day sent by email to the address you have given us, provided the sender does not receive a bounce. Keep your notice address current.

Claims. Tell us about any claim or dispute within 30 days of learning the facts, and give us 30 days to fix it before starting any action. Any claim relating to these terms or the services must be brought within one year of when it arose, to the fullest extent the law allows. This does not apply to our claims for amounts you owe us.

Disputes. Before filing any action we will confer in good faith within 15 days of a written dispute notice, and if unresolved after 30 days we will attempt mediation in Montgomery County, Maryland, with costs shared. That does not apply to an action for injunctive relief or to our action to collect what you owe. Each of us waives the right to a jury trial, and each of us will bring claims only individually and not as part of any class or consolidated proceeding.

These terms are governed by the laws of the State of Maryland, without regard to its conflict of laws rules. Both parties consent to the exclusive jurisdiction and venue of the state courts located in Montgomery County, Maryland. In any action to enforce or interpret these terms, the prevailing party may recover its reasonable attorney fees and costs; where the action concerns amounts you owe us, the costs of collection paragraph in section 04 applies instead. The Maryland Uniform Computer Information Transactions Act does not apply to these terms or to any transaction under them.

These terms, with any signed agreement and order form, are the entire agreement between us on their subject matter and supersede all prior proposals, quotes, and discussions. Marketing materials and website descriptions are not warranties. If any provision is unenforceable, the rest remains in effect. Any provision that by its nature is meant to survive the end of the services does survive, including sections 04, 06, 07, 09, 10, 11, and 13.