Next Genesis Sites
Effective date: September 1, 2026
Terms governing purchases, subscriptions, setup, billing, cancellation, refunds, SMS, acceptable use, and use of Next Genesis Sites services.
These Terms & Conditions ("Terms") govern your purchase and use of services from Next Genesis Sites ("Next Genesis Sites," "we," "us," or "our"), operated by Next Genesis LLC. By purchasing a service, checking the box to accept these Terms, or using our services, you agree to these Terms. If you do not agree, do not purchase or use our services.
Our services are intended for businesses. By agreeing to these Terms, you represent that you are at least 18 years old and have the authority to enter into this agreement on behalf of yourself or the business you represent.
Next Genesis Sites provides website design and development, CRM and automation systems, and related managed digital services. The specific services included in your purchase are those described on the checkout or order page at the time of your purchase, together with any customizations we agree to with you over time.
We provide the foundational setup of your system - including creating and configuring your account and building the base of your website and systems - and then refine and customize it as mutually discussed and agreed as the engagement continues. Customizations beyond the base setup are performed at our discretion based on what we agree to with you.
To deliver our services, we rely on you. You agree to provide, in a timely manner, everything we reasonably need to do the work, including:
You are responsible for the accuracy and legality of any materials you provide, and for having the rights to use them.
Your use of phone, text, and AI communication tools. We may configure calling, SMS, AI receptionist, automation, and campaign tools for you, but you control the recipients, contact lists, content, timing, frequency, and business purpose of communications sent through your account. You are responsible for using those tools in compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, federal and state Do Not Call requirements, call-recording and disclosure laws, privacy laws, carrier requirements, and applicable platform policies.
Before sending marketing texts or placing marketing, automated, prerecorded, or AI-generated voice calls, you must obtain and retain every consent required for that communication and be able to document it. You must use accurate sender and registration information, contact people only for approved purposes, maintain required suppression and Do Not Call lists, and promptly honor STOP, unsubscribe, consent-revocation, and Do Not Call requests. You may not upload or use purchased, rented, scraped, or third-party contact lists unless you have documented permission that is legally sufficient for the specific communication.
A2P, carrier, phone-number, or campaign registration approval does not replace legally required consent, confirm that a campaign is lawful, or guarantee message delivery. You are responsible for the legality and accuracy of registration information and campaign content submitted for your business. We may refuse, pause, or disable any communication campaign we reasonably believe violates law, carrier rules, platform policy, or these Terms. Our configuration assistance is not legal advice.
Any timeframes or dates we mention are good-faith estimates, not guarantees. Delivery depends on your timely cooperation and on you providing the access, credentials, content, and approvals described in Section 3.
We are not responsible for delays caused by your failure to provide what we need, by issues with third-party platforms or services, or by other circumstances beyond our reasonable control. If a project cannot begin or move forward because we have not received required access or information from you, any estimated dates are automatically extended by the length of the delay, and your subscription and fees remain in effect and continue to accrue during that time.
Pricing for your service is shown on the pricing, checkout, or order page at the time of purchase. Monthly plans include a one-time setup fee. Annual plans include two months free and no setup fee. Any setup fee charged covers onboarding, configuration, account connections, system setup, and other initial work and overhead, and is nonrefundable once paid.
Payment due upon receipt. Setup fees, the first subscription payment, and any other amount shown on an accepted order are due when the order is placed or the invoice is received. Subscription fees are billed in advance for the upcoming service period.
Recurring billing. If you purchase a monthly or annual subscription, you authorize us (through our payment processor) to charge your payment method the applicable amount on a recurring basis. Your subscription renews automatically each billing period and continues until you cancel. The price, setup fee, billing frequency, renewal terms, and cancellation method are disclosed before you complete your purchase.
Suspension after nonpayment. If an undisputed payment remains unpaid for fifteen (15) days after its due date, we may suspend all or part of the services until the account is brought current. Suspension may include website hosting, CRM access, automations, messaging, licensed tools, support, and active campaign management. A suspension is not a cancellation and does not waive amounts already due or fees that accrue through the effective cancellation date.
Managed advertising during suspension. We may pause managed Google, Meta, Local Services Ads, or other third-party advertising campaigns when services are suspended. A campaign will remain active only if you give us explicit written instructions to keep it running and accept responsibility for all resulting platform charges and advertising spend. We are not responsible for campaign interruption or performance changes caused by a payment suspension.
Accelerated amounts. If you stop payment, abandon the account, or terminate without the required thirty (30) days' written notice, all unpaid amounts committed through the effective cancellation date become immediately due. If a signed order or addendum separately establishes a fixed term, installment plan, financed setup, or other minimum payment commitment, its unpaid remaining balance also becomes immediately due to the extent permitted by law. This provision does not create a new fixed term for a month-to-month plan.
Collections. We may refer an undisputed balance that remains unpaid for ninety (90) days from the original invoice date to a third-party collection provider or attorney. You are responsible for reasonable collection costs, agency fees, court costs, and attorneys' fees to the extent permitted by applicable law.
Price changes. We may change our pricing for future billing periods. If we do, we will give you advance notice, and the new price applies to your next renewal. You may cancel before the change takes effect if you do not agree to it.
Monthly plans. You may cancel by emailing matt@nextgenesissites.com with at least thirty (30) days' notice. Your cancellation takes effect at the end of that notice period, and service remains active and billable until then. We do not provide partial-month refunds.
Annual plans. You may cancel an annual plan through the same email address with at least thirty (30) days' notice. Any partial service month is rounded up to a full month. Service continues through the notice period. After the cancellation date, we refund full unused service months at the plan's effective annual monthly rate, calculated by dividing the prepaid annual service fee by twelve. Annual plans do not renew after a timely cancellation request.
Effect of cancellation or suspension. Your domain, business content, customer data, and client-owned third-party accounts remain yours. Finished custom website files and other custom deliverables transfer after all fees attributable to that work are paid in full. We may withhold delivery of unpaid custom work and any additional migration or transition work until the account is current, but we will not delete or take ownership of your domain, supplied content, customer data, or client-owned advertising and analytics accounts solely because of nonpayment.
Managed hosting, CRM access, licensed tools, automations, messaging, and third-party platform services may be suspended while an account is unpaid and end when the subscription ends unless we agree to a separate transition in writing. You are responsible for exporting data you wish to keep. If technically available, you may request a reasonable export of client-owned data within thirty (30) days after termination. We may delete service data after that period unless a longer period is required by law or reasonably necessary to resolve a dispute or collect an unpaid balance.
Satisfaction guarantee. If you are unhappy with our service during the first thirty (30) days, email matt@nextgenesissites.com within that period. For a monthly plan, we will refund the recurring service fee paid for the initial month. For an annual plan, we will retain one month at the plan's standard monthly rate and refund the remaining prepaid recurring service fee. Any monthly-plan setup fee paid is nonrefundable because it covers initial work and overhead already incurred. Annual plans have no setup fee.
Nonrefundable charges. Setup fees, work already completed, partial months, AI usage, phone numbers, calls, text messages, advertising spend, domains, payment processing charges, and other third-party costs are nonrefundable. The satisfaction guarantee concerns service satisfaction only and does not promise leads, rankings, revenue, or any other business result.
After the first 30 days, monthly fees already paid are nonrefundable except where required by law. Annual-plan refunds follow Section 6. If we fail to deliver a purchased core setup solely because of our own actions and cannot remedy that failure within a reasonable period after written notice, we will refund the amount paid for the undelivered portion.
We build and manage systems designed to help your business, but we do not guarantee any specific outcome - including any particular number of leads, sales, revenue, search rankings, or other business results. Many factors outside our control affect those outcomes.
Client-owned property. You own your domain, the content and branding you supply, your customer data, and client-owned advertising, analytics, and business-profile accounts. We receive only the access reasonably needed to perform the services.
Custom work after full payment. Finished custom website files and other deliverables created specifically for your business become yours after all setup, development, installment, and other fees attributable to that work are paid in full. If a signed order spreads a development cost across installments or a fixed term, we retain ownership of that custom work until the stated development obligation is fully paid. We may withhold delivery or transfer of unpaid custom work until the account is current.
Our tools and subscription components. We retain ownership of our pre-existing code, tools, reusable components, frameworks, methods, and know-how. While your account is active and current, we license and provide access to managed hosting, CRM configurations, automations, and other subscription-based components. That access ends when the subscription ends unless we agree to a separate transition or license in writing. Third-party software, fonts, media, platforms, and services remain subject to their own licenses.
Our services rely on third-party platforms and providers (for example, our CRM and automation platform, payment processor, messaging provider, hosting, and Google services). Your use of those services through us may also be subject to the third parties' own terms. We are not responsible for the acts, omissions, outages, or policies of third-party providers.
We send two kinds of text messages, and they rely on different consent.
Marketing texts (promotional offers, updates, and similar) are sent only if you have given express opt-in consent - for example, by checking an SMS consent box in our chat widget, checkout flow, or another opt-in form. Consent to marketing texts is never required to purchase anything from us.
Account and service texts (such as appointment reminders, service updates, and account notices) may be sent when you provide your mobile number in connection with a service, booking, or request.
For both types: message frequency varies; message and data rates may apply; reply STOP to cancel at any time or HELP for help; and carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or an authorized user of the number you provide. We do not sell, rent, or share your mobile phone number, SMS opt-in information, or text-messaging consent with third parties or affiliates for their own marketing or promotional purposes. Our handling of mobile information is described in our Privacy Policy.
You agree not to use our services for any unlawful purpose, to send spam or unsolicited messages in violation of applicable law, to infringe others' rights, or in any way that could damage, disable, or impair our systems or those of our providers.
Our services are provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the services will be uninterrupted, error-free, or completely secure.
To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to our services or these Terms will not exceed the total amount you paid us in the three (3) months immediately before the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost business opportunities.
You agree to indemnify and hold harmless Next Genesis Sites and Next Genesis LLC from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your content, your use of our services, or your violation of these Terms or applicable law.
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute that is not otherwise resolved will be brought in the state or federal courts located in Colorado, and you consent to their jurisdiction.
We may update these Terms from time to time. When we do, we will revise the "Effective date" above. Continued use of our services after changes take effect means you accept the updated Terms.
Questions about these Terms? Contact us at:
Next Genesis Sites
Next Genesis LLC
3009 Grandview St, Colorado Springs, CO 80907
matt@nextgenesissites.com
