1 About these terms
This website is operated by Aeris Marketing & Web Solutions (“Aeris,” “we,” “us,” or “our”). These Terms and Conditions describe use of our website and the general conditions for our website and marketing services.
Paid services require a separate proposal, order, or service agreement that you expressly accept (“Service Agreement”). These terms apply to those services when the Service Agreement incorporates them and makes them available before acceptance. Visiting our website or sending an inquiry does not create a paid engagement. You must have authority to enter into an agreement for the business you represent.
Your Service Agreement identifies the selected services, fees, deliverables, timing, and any minimum term. If it conflicts with these terms, the expressly agreed Service Agreement controls for that engagement, subject to applicable law.
2 Services and plan scope
We provide website design and development, website care, search and local visibility services, AI search optimization, content, advertising management, and related services as specified in your Service Agreement. A service mentioned elsewhere on our website is included only when it is part of your accepted scope.
The accepted plan or proposal records the website page allowance, recurring deliverables, reporting, revisions, support allowance, and any response commitments. An allowance for additional client-requested support is separate from the maintenance, search optimization, content, and other recurring work included in that plan.
Small updates generally mean changes to existing text, images, links, or business details. New pages, redesigns, custom functionality, integrations, and substantial content work require an agreed scope. We obtain approval of additional charges before performing work outside the accepted scope. Work beyond your plan’s included update time, or outside the accepted scope, is billed at $120 per hour in 15-minute increments. We will give you an estimate and get your approval before starting. Included update time is measured in 15-minute increments and does not carry over to the next month.
3 Client responsibilities and approvals
You agree to provide accurate business information, materials you have permission to use, necessary account access, and timely feedback. You remain responsible for the accuracy and legal basis of your business claims, offers, testimonials, and materials you supply. We remain responsible for performing our agreed services with reasonable care.
We will identify work requiring your approval before publication or launch. You are responsible for reviewing the business details and claims in that work. Delayed materials, access, or approvals may affect the schedule; we will communicate material changes. Approval does not remove our obligation to correct work that fails to meet the agreed specifications.
You confirm that you own or have permission to use everything you supply to us, including text, photos, logos, videos, reviews, and claims about your business. If a third party makes a claim against Aeris because of materials you supplied or business claims you approved, you will cover the reasonable costs, damages, and legal fees that result. We will tell you promptly about any such claim and remove the disputed material on request.
4 Project timing and changes
Project timelines, revision rounds, launch requirements, and any support response times are recorded in your Service Agreement. Estimated completion dates depend on the agreed scope, timely cooperation, and relevant third-party processes. A response-time commitment is not a promise that every issue will be fully resolved within that period.
Changes to the approved scope, requested pauses, or substantial revisions may require a revised price and schedule. Both parties must approve those changes in writing before the additional work begins. We will not treat silence alone as approval of additional fees.
5 Fees and payments
Website build fees and ongoing service fees are separate unless your Service Agreement expressly combines them. Your accepted proposal or order states the amount, any deposit or milestones, applicable taxes, payment due dates, monthly billing start date, and billing frequency. Monthly charges begin on the agreed start date.
Autopay is required for all service plans throughout the initial 12-month term and will remain required while the plan continues unless Aeris agrees otherwise in writing. Before the plan starts, you must authorize recurring monthly charges to an accepted payment method after we disclose the amount, billing schedule, renewal terms, and cancellation method. You must keep the authorized payment method valid and up to date. These terms alone do not authorize charges.
If a scheduled payment fails, we will notify you and retry it, and you agree to update your payment method within 7 days. A late fee of $25 applies to undisputed amounts more than 15 days past due. If an undisputed amount is more than 15 days past due, we may pause work after written notice. If it is more than 30 days past due, we may suspend hosting and other services until the balance is paid. Late fees apply only to the extent permitted by law.
Advertising spend, domain registration, premium software, paid assets, and other third-party costs are included only when expressly stated. Advertising management fees are separate from advertising spend unless agreed otherwise. We obtain your approval before incurring additional third-party costs on your behalf.
6 Minimum terms and renewals
All service plans require an initial 12-month commitment and are billed monthly through autopay. The selected plan, monthly charge, billing date, and the financial consequences of ending the plan before the first 12 months are completed must be clearly disclosed in your Service Agreement and accepted before the plan begins.
After the initial 12-month term, your plan automatically continues month to month on the same plan and at the same price, without further notice, unless your Service Agreement states otherwise. You may then cancel at any time under Section 7. Changes to prices, plan level, or a new minimum commitment require advance notice and agreement before taking effect; a change to our public plans page does not change an existing agreed term.
7 Cancellation and ending services
For a month-to-month plan without a remaining minimum commitment, you may cancel before the next renewal by emailing the contact address in your Service Agreement or texting +1 (480) 359-9511. Cancellation takes effect at the end of the current paid billing period. We will acknowledge the request and confirm the final service date; the date we receive your request determines its timing.
You may end a service plan before its initial 12-month term is complete by giving 3 months’ written notice. Your monthly plan fee continues through the notice period, or until the initial term ends if that comes first. A one-time early termination charge of $500 also applies, reflecting the website discount included with your plan: the difference between the $1,500 standalone website price and the $1,000 plan price. These amounts will also be stated in your Service Agreement. Stopping a payment authorization does not resolve amounts already lawfully owed.
If you paid for your plan annually and end it before the initial 12-month term is complete, give 1 month’s written notice instead of 3; your plan continues through that month. We then refund the prepaid fees for the full months remaining after the notice month, minus one month’s plan fee to reverse the free month included with annual payment, and minus the $500 early termination charge above.
Either party may end an engagement for a material breach that remains uncorrected after written notice and a reasonable opportunity to correct it. We may suspend affected services for unpaid, undisputed overdue amounts after notice and an opportunity to resolve the issue, or immediately where reasonably necessary to address unlawful activity or an urgent security threat. Suspension does not change your ownership of your domain, supplied materials, or business accounts, or reverse website ownership already transferred to you. If you end a plan early under this section, included hosting ends when your plan ends, and website ownership transfers to you under Section 9 once the early termination amounts have been paid.
8 Refunds and final balances
For a canceled website project, we reconcile advance payments against work actually performed and approved, noncancelable third-party costs. Any remaining unearned advance payment will be refunded. We provide an itemized explanation of any remaining balance or deduction; a deposit is not automatically forfeited merely because it is called a deposit.
For monthly services, the current paid period remains available through its scheduled end and is not prorated solely because you choose to stop using it early. If we end services without your breach, we refund fees for the portion we will not provide. Neither rule removes remedies for a failure to deliver the agreed services or any refund rights required by law.
9 Website ownership and account access
You always own your domain name, the materials you supply, and your business accounts. Your domain belongs to you from registration, independently of your service plan, website ownership, or hosting arrangement.
For a website purchased with an Aeris service plan, ownership of our transferable rights in the final custom website deliverables passes to you after completion of the first 12 months of that plan. The plan start date and ownership transfer date will be recorded in your Service Agreement. During that first year, Aeris retains ownership of those website deliverables and you may use the website for your business under the Service Agreement. If you end the plan early under Section 7, ownership transfers to you once the early termination charge and the fees for the notice period have been paid. Any other earlier transfer must be separately agreed in writing.
For a standalone website purchase without a service plan, ownership of the final custom website deliverables transfers after all website build fees are paid. Once website ownership has transferred under this section, it remains yours independently of future marketing or hosting services.
We retain our pre-existing tools, reusable components, methods, and internal working materials. When website ownership transfers to you, we grant you a perpetual, nonexclusive right to use, maintain, modify, and transfer our retained components embedded in that website. Third-party software, fonts, stock assets, and open-source components remain subject to their own licenses; we cannot transfer rights we do not own.
Your domain will be registered in your name or your business name, with you retaining control of the registration. Analytics, advertising, and business-profile accounts should also be established in your business name where supported. We receive only the access needed for the engagement. When website ownership transfers under this section, we provide the transferable website files and administrative access reasonably needed to operate it, subject to applicable third-party licenses and platform limits.
After launch, we may display the completed website, your business name, and your logo in our portfolio, case studies, and marketing, and link to your website. You can opt out at any time by email or text, and we will remove that material from our website and future marketing within 10 business days. We will never share your confidential information or business results without your permission. We will only use a testimonial or quote from you after you approve the exact wording.
10 Hosting and handover
Hosting is included at no extra charge for as long as your Aeris service plan remains active. For a standalone website purchase without a service plan, hosting is free for the first 12 months. The start date of included hosting, and for standalone purchases its end date, will be recorded in your Service Agreement.
Before included hosting ends, whether at the end of a standalone website’s free first year or because a service plan ends, we will explain the end date and available hosting options. Hosting after included hosting ends requires a separately agreed arrangement, with any charges and renewal terms disclosed and accepted before billing. Ongoing maintenance, marketing, and support remain subject to your selected plan and Service Agreement.
When website ownership transfers under Section 9, we will coordinate a reasonable handover of the website. Basic release of your transferable website files and access is included; installation on another host, troubleshooting, or additional migration work may be separately quoted and approved. Your domain and business accounts remain yours at all times, including before website ownership transfers. You are responsible for arranging replacement hosting when needed and for ongoing domain renewals. We will communicate any hosting shutdown or backup deletion deadline in advance.
11 Search visibility and marketing results
We perform the agreed work with reasonable professional care. Search rankings, map placement, AI-generated answers or citations, traffic, leads, sales, and advertising returns depend on factors beyond our control and are not guaranteed. Estimated outcomes, examples, and previous results are not promises of your future performance.
Google, Meta, AI platforms, hosting providers, and other third parties control their own systems, policies, approvals, and account decisions. We cannot guarantee uninterrupted third-party availability or successful verification, ad approval, or reinstatement. These limits do not excuse our failure to perform the services we agreed to provide.
Neither party is responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, power or internet outages, cyberattacks, government actions, or outages, policy changes, or account decisions by platforms such as Google, Meta, AI providers, or hosting providers. The affected party will notify the other promptly and resume performance as soon as reasonably possible. This does not excuse payment for services already provided. If such an event prevents the services for more than 30 days, either party may end the affected services without an early termination charge.
12 Content tools and compliance
We may use software, automation, or AI-assisted tools to support research, drafting, design, or analysis, with review appropriate to the agreed work. Use of those tools does not change our confidentiality obligations or promise exclusive rights in material that is not legally protectable.
Your business is responsible for obtaining appropriate advice on its legal notices, industry requirements, advertising claims, and required permissions for tracking or communications. Any accessibility standard, testing scope, privacy implementation, or other compliance deliverable must be expressly described in the Service Agreement. Technical work is not a legal certification, and this clause does not reduce any specific standard or implementation work we expressly agree to deliver.
13 Confidentiality and privacy
Each party will protect the other party’s nonpublic business information with reasonable care, use it for the engagement, and share it only with people or service providers who need it and are subject to appropriate confidentiality obligations. This does not restrict information that is public without breach, independently developed, lawfully obtained elsewhere, or required to be disclosed by law.
Our separate Privacy Policy describes personal information collected through our own website. Where an engagement involves processing personal data on your behalf, the parties will agree on any necessary data-processing terms and responsibilities. These terms do not themselves provide consent for unrelated marketing, tracking, or use of confidential information.
14 Acceptable website use
You may use our website for lawful business and informational purposes. You may not interfere with its security or operation, attempt unauthorized access, introduce malicious code, impersonate another person, or submit material that infringes another person’s rights. Our website text, designs, and other original materials may not be copied or commercially reused without permission, except as allowed by law.
Links to third-party websites are provided for convenience. We do not control those websites or their terms. Informational content on our website may change and does not replace a project-specific assessment or an accepted Service Agreement.
15 Limits on liability
To the extent permitted by law, neither party is liable to the other for indirect, special, or consequential loss arising from the services, including indirect lost profits or lost business opportunities. For a one-time project, each party’s total liability is limited to the agreed project fee. For recurring services, each party’s total liability is limited to the fees paid or payable for the affected services during the 12 months before the event giving rise to the claim.
These limits do not apply to fraud, willful misconduct, gross negligence, or liability that cannot lawfully be excluded or limited. They do not reduce payment obligations properly incurred under the Service Agreement or any mandatory rights or remedies.
16 Governing law and disputes
Arizona law governs these terms, subject to applicable federal law and any mandatory protections that cannot be waived. Where practicable, please contact us first so both parties can attempt to resolve a concern promptly and in good faith. Doing so does not prevent urgent relief or require either party to miss a legal deadline.
Unless the Service Agreement lawfully provides otherwise, disputes may be brought in a court with jurisdiction in Maricopa County, Arizona, subject to any nonwaivable jurisdiction or venue rights. These terms do not require private arbitration or waive access to small claims court.
17 Changes and continuing provisions
We may update this page and its effective date for future use and engagements. Changes do not retroactively alter the terms accepted for an existing engagement. Changes to an existing Service Agreement require the parties’ agreement and any consent required by law.
If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Provisions concerning accrued payments, ownership, confidentiality, liability, and disputes continue after an engagement ends where their purpose requires it.
18 Contact
Aeris Marketing & Web Solutions | Phoenix, Arizona
https://aerismarketingweb.com/ | +1 (480) 359-9511 (phone and text) | [email protected]
Service notices: use your Service Agreement email address or text the number above.