Alamond Marketing LLC Terms of Service

1. Website purpose and acceptable use

Our website describes our services and provides general information. Website content alone is not a binding offer to perform work. You may use the website lawfully, but may not interfere with its operation, introduce malware, impersonate others, access restricted systems without authorization, or copy or extract protected materials without permission beyond uses permitted by law.

2. Website intellectual property and third party links

Website content belongs to Alamond or its licensors. You may view it and make personal, noncommercial copies where permitted, but may not reproduce protected content for commercial use without permission. Third party links and services are governed by their own terms. We do not control third party websites or guarantee their accuracy or availability.

3. Website information and availability

We make reasonable efforts to keep information accurate but do not guarantee that every item is complete or current. We may update or discontinue website features. To the extent permitted by law, the informational website is provided as available, without warranties of uninterrupted access or fitness for a particular purpose. Nothing limits rights or remedies that cannot legally be excluded.

4. Website terms and governing law

Changes to Website Terms apply prospectively when posted. Material changes will be identified with a new update date. New Mexico law governs, except where mandatory law requires otherwise. Questions may be sent using the contact methods published on our website.

1. Scope and agreement

We offer website design, managed hosting, maintenance, AI chatbots, AI receptionists, automations, advertising management, lead systems, and Google Business Profile services. Only services, deliverables, prices, and usage allowances stated in an accepted written proposal, order, or service agreement are included. New integrations, redesigns, campaigns, custom development, and other scope expansions require written approval of their price before work begins.

A signed service agreement or accepted written order controls over these general Terms if they conflict. These Terms must be provided or linked before acceptance; payment alone does not authorize undisclosed subscription terms or automatic charges. The person accepting for an organization represents that they are authorized to bind that organization.

2. Project fees and optional deposits

Some services require a deposit depending on scope and price. There is no standard mandatory deposit percentage. Before purchase, the written order will state the total project price, whether a deposit is required, its amount, any expressly agreed nonrefundable portion, and the due date for the remaining balance.

If no deposit is required, the full project price is payable during production, by the due date stated on the invoice. The invoice will specify the payment due date during development, unless a different written payment schedule is agreed. A demonstration or preview is not the start of billable production unless agreed in writing. Full payment is required before launch, activation, or release of final deliverables. A deposit is credited toward the total project fee; it is not an additional fee.

Approved installment or milestone payments do not create a minimum subscription term. Cancellation of recurring service does not erase payment obligations for work already performed or approved noncancelable costs. Treatment of unfinished project work is described in Section 11.

3. Client cooperation and approval

Clients must provide timely, accurate content, authorized access, permissions, and one designated decision maker. Dates depend on receipt of materials, payment, approvals, and third party availability. We will communicate material delays. Estimates are not guaranteed deadlines unless a written agreement expressly makes them binding.

Before launch, the Client reviews business information, content, design, forms, integrations, and AI instructions applicable to the project. Approval must be written, including by email or portal. Client approval does not excuse Alamond from fixing implementation defects within the agreed scope. We do not launch or start recurring billing merely because a Client has not responded.

4. Monthly billing and launch date

Base monthly service and billing begin when the approved website is verified publicly accessible on the Client's domain, or another purchased service is verified activated, and we confirm the date in writing. A preview or demonstration does not start recurring billing. The first monthly invoice is issued on that date for the first service month, with payment due seven calendar days after issuance unless a written order states a different due date. Renewal invoices are issued on the monthly anniversary and are due seven calendar days after issuance unless otherwise agreed. A missing anniversary date falls on the month's final day. There is no free first month or minimum service commitment unless a written order expressly provides otherwise.

Each separately activated service may have its own start date, or the parties may agree to a consolidated date in writing. Project fees are separate from subscription fees. Included maintenance, operating services, and support will be stated in the order. Google Business Profile setup is a one time service unless ongoing management is separately ordered.

Separately agreed advertising spend, domain fees, telecommunication charges and AI usage charges may apply from activation. Their calculation and first month treatment must be disclosed and accepted in writing before activation.

5. Invoices and payment authorization

Clients must pay invoices by the stated due date. Unless a written order states otherwise, monthly invoices are due seven calendar days after issuance. Additional work and approved usage charges are due on the invoice date specified, ordinarily allowing at least seven calendar days for review. Applicable taxes and approved third party expenses may be charged as disclosed; we do not add undisclosed fees.

Invoices are the default payment method. Automatic payment requires a separate express authorization through our payment provider identifying the recurring amount or calculation, frequency, billing start date, and cancellation method. Clients may withdraw automatic payment authorization without waiving charges already owed. We do not collect card numbers or bank credentials in ordinary onboarding forms. Required subscription acknowledgments and reminders will be supplied where applicable.

Clients should promptly raise invoice questions. We will investigate errors in good faith and correct substantiated errors. There is no waiver of lawful billing disputes, chargeback rights, or other mandatory remedies.

6. Past due accounts and suspension

If an undisputed invoice is past due, we may pause new work. Before suspending an active service for nonpayment, we will provide written notice and at least seven calendar days to pay or raise a genuine billing dispute. A suspended website, chatbot, receptionist, or automation may stop functioning. We will work in good faith to resolve a timely dispute and will not suspend solely over a genuinely disputed charge while the Client pays undisputed amounts and cooperates in resolving it.

We may suspend immediately when reasonably necessary to address abuse, unlawful use, a material security risk, or a third party requirement, and will notify the Client as soon as practicable. No late fee applies unless separately disclosed, agreed, and lawful. Reinstatement and recovery are subject to platform capabilities; any additional restoration fee requires advance approval. A suspended account will not accumulate base monthly fees indefinitely: absent agreement to restore it, we may terminate after 30 days of suspension, with no base fees for periods after termination.

7. Month to month service and cancellation

Recurring services continue month to month until canceled. There is no minimum service period, mandatory 24 hour or 30 day cancellation notice, or early termination fee. The Client may cancel by email to the contact in the agreement or by the online cancellation method on our website or portal. Online enrollment will have an online cancellation option. We will not require a retention call or unnecessary steps to cancel.

A clear cancellation request received before the next service period begins stops that renewal. We will acknowledge it promptly; processing delay does not extend the subscription. If we charge for a renewal after timely cancellation, we will refund the erroneous charge. Unless immediate shutdown is requested, service continues through the current paid service period. Cancellation does not erase an invoice for a service period that has already begun. No base fee is owed for future periods after the effective cancellation date. Partial periods are generally not refunded except as required by law or these Terms.

Cancellation does not erase earned project fees, approved noncancelable expenses, or authorized usage already incurred. On the effective cancellation date, managed websites and systems go offline and access ends. Setup payments do not purchase permanent hosting. We may end ongoing service on 30 days' written notice, with a refund of prepaid base fees for any period we do not provide. Immediate termination may apply to unlawful use or an uncured material breach after reasonable notice, subject to applicable law.

8. Subscription price changes

We may propose changes to future monthly fees, included allowances, or usage rates. We will send written notice stating the old and new price or calculation, the effective date, and how to cancel at least 30 calendar days before the proposed change. Changes do not apply retroactively or alter a fixed project price already accepted. The Client may cancel before the increase without an early termination fee.

Where affirmative acceptance or particular notice timing is required by law, we will obtain that acceptance and provide the required notice before charging the changed amount. For consumer subscriptions subject to a notice window of seven to 30 days, notice will be delivered within that window as well as meeting applicable requirements. Automatic payment authorizations will be updated where required. We will not charge an unaccepted increase where acceptance is legally required; we may instead end service prospectively on appropriate notice.

9. AI allowances and usage charges

AI chatbot and receptionist services can incur charges for messages, conversations, credits, tokens, call minutes, SMS segments, telephone numbers, and related platform usage. Before activation, a written AI schedule must specify each billable unit, included allowance, measurement source, billing period, overage rate or exact cost based formula, rounding rule, first month treatment, and spending limit or suspension rule. There is no undefined "whatever usage costs" charge.

Usage above an approved allowance is charged at the approved rate; it is not an arbitrary change to the base subscription. Overage charges are itemized after usage is measured, on the next invoice or a separate invoice. Unused included usage does not roll over unless the schedule says otherwise. Credits or tokens may differ by platform and are not converted into a Client charge without an agreed calculation. Third party price changes do not automatically authorize new Client rates.

If no allowance and overage price are agreed, paid overages are not authorized. We will pause the affected feature at its agreed limit or request approval for additional usage. Where technically supported, we will notify the Client near 80 percent and 100 percent of the allowance and enforce the agreed spending cap. Reporting delays may occur; any cap exception, rounding, or usage that can continue during reporting delays must be expressly agreed in the AI schedule. No unlimited overage exposure is implied.

Higher sustained usage may lead to a proposed plan change under Section 8. We may not impose a new plan retroactively. Included support updates do not include new AI services or custom integrations unless stated in the order.

10. Support and revisions

Revisions and content updates within the existing website are included without a fixed monthly submission cap. If revision volume consistently requires substantially more ongoing work than the current plan covers, we may propose a future monthly price adjustment. We will first discuss the workload with the Client and provide at least 30 calendar days' written notice stating the new price, effective date and cancellation options. No increase is retroactive, and any acceptance required by law will be obtained. Ordinary content updates alone do not trigger a price increase. Major redesigns and new functionality remain separately quoted. Related changes should be grouped into clear requests. Included updates cover text, supplied images, contact details, hours, existing FAQs, greetings and adjustments within the existing design or workflow. New integrations and expanded AI workflows require an approved separate quote.

Standard revisions are generally completed within two to five business days after complete instructions and materials are received. This is an estimate, not a guaranteed deadline. Holidays, seasonal demand, complexity, third party dependencies, and workload may cause delays. Submit time sensitive changes at least one week ahead where possible. Urgent requests are prioritized when feasible but do not guarantee a date. We make reasonable efforts to investigate and correct defects within the agreed scope without additional charge. No round the clock support or service level guarantee is included unless expressly agreed.

11. Cancellation of project work and refunds

After final written approval and successful delivery or launch, completed work is not refundable solely because a Client changes preferences or cancels ongoing hosting. Paying before delivery does not eliminate the nondelivery and defect remedies below. For cancellation before completion, we will provide an accounting of work performed and approved noncancelable costs. We may retain amounts attributable to that work and those costs, up to the accepted project price, plus a specifically agreed lawful nonrefundable reservation fee, without double counting. We will refund unearned prepaid amounts. A deposit is not automatically forfeited in full simply because it was called a deposit.

If we fail entirely to deliver the purchased project for reasons attributable to Alamond, we will refund the affected project payments, including any deposit. If a delivered service materially fails to match the accepted scope, the Client should notify us with details. We will promptly propose a remedy and normally have up to 15 business days to correct a material defect, unless urgency or applicable law requires faster action or the parties reasonably agree otherwise. If we cannot remedy it, the Client may terminate the affected service and receive a refund appropriate to the undelivered or materially defective portion; if the project's essential purpose fails, this includes the affected project's full fee. We also refund prepaid recurring fees for service periods we do not provide.

Ordinary repairable defects do not automatically trigger a full refund of unrelated services or all historical payments. A prolonged unrecoverable platform failure will be handled under the same prospective termination and unprovided service refund principles. Statutory refund and cancellation rights remain intact. Refunds due under this section will normally be initiated within 14 calendar days of determination, subject to payment processor timing.

12. Managed hosting and ownership

Managed websites, AI configurations, automations, and infrastructure are licensed for use during the active subscription, unless a written agreement expressly assigns specific deliverables. Setup fees pay for development and configuration, not permanent hosting or ownership of Alamond's underlying software, reusable components, or third party platforms. No right to source code, account transfer, or independent hosting is implied.

Platform dependent websites or systems may not be portable. Full website export, migration, or transfer is not included and may be technically unavailable. Available Client content or data can be provided as described in Section 14; this is different from exporting a working website. Clients retain ownership of their supplied content, trademarks, business data, and their domain rights. They grant us a limited license to use those materials to provide the agreed services. Third party materials remain subject to their licenses. We use Client names, logos, screenshots, or testimonials in our portfolio only with permission.

13. Domains and configuration

Clients may retain their existing domain or authorize us to register or manage one. Domain prices, renewal dates, and transfer costs will be disclosed in writing; registry pricing may change. A domain is not included in the monthly fee unless stated. Existing domain connection is included when stated in the project scope. Clients must provide authorized access and avoid conflicting DNS changes during setup.

Client domains should be registered to the Client where supported, with Alamond as a technical contact or delegated manager. We will cooperate in releasing administrative access and available transfer or EPP codes for Client domains, subject to identity verification, registrar rules, locks, and valid domain related fees. The Client completes the transfer and renewals. Cancellation does not transfer Alamond's own domain, demonstration domain, platform account, or third party license.

We are responsible for exercising reasonable care in changes we make. We are not responsible for disruptions caused by unauthorized Client or third party DNS changes, registrar outages, expired domains, or delays outside our control. Restoration beyond the agreed scope may require an approved quote. We will not disclaim responsibility for our own configuration mistakes merely because they involve DNS.

14. Data handling and offboarding

We process Client data only to provide agreed services, under our privacy policy and any applicable data processing agreement. We will use reasonable safeguards and notify the Client of a confirmed incident affecting its data as required by law. Clients should keep copies of important source content and avoid submitting sensitive personal data unless the service is expressly configured and approved for it. No absolute guarantee against data loss or cyber incidents is made.

The Client may request an export of available Client content or business data before cancellation and for 30 calendar days after service ends. During that period we will retain available exportable data where permitted by law and the platform, though operation of the service has ended. Export does not include licensed software, internal credentials, source code, or unsupported formats. Unusual migration work requires an approved quote. We will identify known export limitations before accepting a project.

After that 30 day window, operational data may be deleted and may be unrecoverable. Residual backups may remain for up to six months, subject to platform retention, and are not guaranteed restoration copies. Billing, consent, legal, and other records may be retained longer where reasonably necessary or legally required. A valid deletion request or legal retention duty may alter this schedule. Restoring canceled services is not guaranteed.

15. Third party platforms and interruptions

Services may depend on hosting, AI, telecommunication, payment, advertising, and other platforms. Clients must comply with relevant third party terms. We do not guarantee uninterrupted access, particular provider features, permanent portability, or recovery following provider shutdown. We will make reasonable efforts to communicate material interruptions and restore affected functionality. Third party reliance does not eliminate our obligations to perform reasonable management or refund unprovided prepaid service where required by these Terms.

Advertising spend, external subscriptions, premium assets, and carrier fees are included only when expressly stated. We obtain approval before committing the Client to additional costs. No separate charge can be added solely because it appears in an outside provider's bill without Client authorization under an accepted schedule.

16. AI limitations and communication compliance

AI outputs can be inaccurate, incomplete, or inappropriate. Clients must review instructions and provide accurate knowledge materials; significant decisions and sensitive matters require human review. AI services are not emergency services or substitutes for professional medical, legal, financial, or safety advice. AI agents may not make binding commitments, accept payments, or change prices unless those capabilities and limits are specifically authorized. We will include agreed escalation paths and restrictions.

Providing a phone number alone is not blanket consent to marketing messages or AI voice calls. Before enabling outbound calls, texts, recordings, or transcripts, the parties must implement legally required consent, disclosures, do not call screening, opt out processes, and records appropriate to the campaign and jurisdictions. The Client is responsible for the lawfulness of its lists, business claims, and instructions; Alamond is responsible for implementing agreed controls and its own conduct. Marketing consent will be obtained separately where required and will not be made an improper condition of purchase.

Supported SMS opt outs such as STOP will be honored, and HELP and message frequency and rate disclosures will be supplied where required. Do not bypass suppression lists or contact people after applicable consent is revoked. Call recording requires appropriate notice and consent under applicable law. The Client must not assume all callers consent merely by contacting the business. We may suspend noncompliant communications. AI features are enabled only within the accepted scope; no blanket authorization for outbound campaigns is granted by these Terms.

17. Results and responsibilities

We do not guarantee revenue, lead counts, SEO rankings, advertising performance, membership growth, or any other business result. The Client is responsible for its business operations, claims, licenses, approved content, and permissions to use submitted materials. Each party remains responsible for its own acts and omissions. We do not promise legal compliance certifications, formal accessibility audits, or regulated industry compliance unless specifically included.

18. Liability and third party claims

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential damages, including lost profits. Each party's aggregate liability arising from an affected engagement is limited to the project fees and service fees paid or payable for that engagement during the 12 months preceding the event giving rise to the claim. This cap does not limit amounts a Client properly owes, refunds expressly required here, fraud, willful misconduct, gross negligence, or liability and rights that cannot legally be limited.

The Client will indemnify Alamond against third party claims to the extent caused by infringing Client supplied materials, unlawful Client instructions or business practices, or misuse of the services. This does not cover claims caused by Alamond's own misconduct or breach. Alamond will provide prompt notice, reasonable cooperation, and permit the Client to control the defense with competent counsel; no settlement may impose an admission, payment, or continuing obligation on Alamond without its consent, not unreasonably withheld.

19. Events outside reasonable control

Neither party is responsible for performance delays caused by events beyond reasonable control, such as disasters, government orders, widespread infrastructure failures, or provider outages, if it promptly informs the other party and takes reasonable steps to reduce impact. This does not excuse payment for work already performed. If an affected service remains unavailable for 30 consecutive days, either party may terminate it, with prepaid fees for unprovided service refunded and unfinished work accounted for under Section 11.

20. Disputes and governing law

The parties will attempt in good faith to resolve disputes through written notice and discussion for up to 30 days, without preventing urgent relief or timely exercise of statutory rights. New Mexico law governs except where mandatory law overrides it. State or federal courts in New Mexico have jurisdiction, subject to applicable nonwaivable venue and small claims rights. Nothing prohibits lawful payment disputes or regulatory complaints. This document does not require arbitration or waive a jury trial.

21. Notices and future changes

Service notices are sent to the Client's designated email or agreed portal, with reasonable steps to address known delivery failures. Clients must keep contact information current. Material service term changes receive at least 30 days' written notice, apply prospectively, and allow cancellation before taking effect. We obtain affirmative agreement where required; changes to signed project scope or fixed project prices require written agreement. A website posting alone does not rewrite an existing signed engagement.

22. Entire agreement and contact

The accepted written order or service agreement, these Terms as incorporated, and approved schedules comprise the agreement. Signed service specific provisions prevail over these general Terms. No oral statement changes the agreement unless confirmed in writing. If one provision is unenforceable, the rest remains effective to the extent lawful. Electronic signatures and counterparts may be used. Questions, billing concerns, and cancellation requests may be sent to the support contact in the agreement or through the official contact and cancellation methods on Alamond's website.