Agreement to Terms
By accessing or using the services provided by New England Smart Sites ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms apply to all visitors, users, and customers of our website and services. You must be at least 18 years of age to use our services.
Contact Information:
New England Smart Sites
Email: [email protected]
Website: newenglandsmartsites.com
Services Provided
New England Smart Sites provides website design, development, hosting, and maintenance services for plumbing businesses. Our services include:
- Custom website design and development
- Website hosting and security
- Lead capture form integration
- SMS/text message notifications and communications
- Ongoing website maintenance and updates
- Technical support
SMS/Text Messaging Terms
Description of SMS Use Cases:
When you opt in to receive text messages from New England Smart Sites, you may receive SMS messages for the following purposes:
- Responses to your inquiries submitted through our website forms
- Appointment confirmations and scheduling communications
- Service updates and notifications about your website
- Follow-up communications regarding our services
- Important account and billing notifications
Message Frequency:
Message frequency varies based on your interactions with us. Typically, you may receive 1-10 messages per month depending on your level of engagement and service needs.
Message and Data Rates:
Message and data rates may apply to any text messages sent or received. These rates are determined by your mobile carrier and are your responsibility. Please contact your carrier for details about your text messaging plan.
Opt-Out Instructions:
You can opt out of receiving text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message, and you will no longer receive SMS messages from New England Smart Sites. Opting out of text messages will not affect your ability to use our other services.
Help:
For help with our SMS service, reply HELP to any message or contact our customer support at [email protected].
Carrier Liability Disclaimer:
New England Smart Sites is not responsible for any delays or failures in the delivery of text messages. Delivery is subject to effective transmission from your network operator. Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.
Supported Carriers:
Our SMS service is supported by major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and most other carriers. However, service availability may vary.
Consent:
By providing your phone number and opting in to receive text messages, you expressly consent to receive recurring automated text messages from New England Smart Sites at the phone number provided. Consent is not required as a condition of purchasing any goods or services.
Age Restriction
Our services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you are not permitted to use our services or provide any personal information to us.
Subscription and Payment
Monthly Subscription: Our services are provided on a monthly subscription basis at the rate of $297 per month, with no setup fees.
Billing: Your subscription will be billed monthly on the same date each month. Payment is due upon receipt of invoice.
Payment Methods: We accept major credit cards and ACH bank transfers.
Failed Payments: If a payment fails, we will attempt to contact you. Services may be suspended after 7 days of non-payment.
Cancellation Policy
You may cancel your subscription at any time. Upon cancellation:
- Your website will remain active until the end of your current billing period
- No refunds will be provided for partial months
- We will provide you with a copy of your website files upon request
- Your domain (if you own it) remains your property
Website Ownership
Your Content: You retain ownership of all content you provide, including text, images, logos, and other materials.
Website Design: While your subscription is active, you have full use of the website we create for you. The underlying design templates and code remain the property of New England Smart Sites.
Domain Names: Domain names registered in your name are your property. We can assist with domain registration and management, but the domain belongs to you.
Your Responsibilities
As a client, you agree to:
- Provide accurate business information for your website
- Respond to our requests for content, images, and approvals in a timely manner
- Ensure you have the rights to use any content you provide
- Not use your website for illegal purposes
- Maintain accurate payment information
- Comply with all applicable laws and regulations
Our Responsibilities
We agree to:
- Build and maintain a professional, functional website for your business
- Keep your website secure and up-to-date
- Respond to support requests within 1-2 business days
- Make reasonable efforts to ensure website uptime (99% target)
- Protect your personal and business information
Website Changes and Updates
Your monthly subscription includes reasonable website updates, such as:
- Text changes (phone number, hours, services)
- Image replacements
- Minor layout adjustments
Major redesigns, additional pages, or custom functionality may incur additional charges, which will be quoted in advance.
Limitation of Liability
To the maximum extent permitted by law, New England Smart Sites shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Website downtime beyond our reasonable control
- Actions of third-party services or hosting providers
- Delays or failures in SMS message delivery
Our total liability shall not exceed the amount you paid for services in the three months preceding any claim.
Indemnification
You agree to indemnify, defend, and hold harmless New England Smart Sites and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of our services, your content, or your violation of these Terms.
Acceptable Use
You may not use our services to:
- Violate any federal, state, or local laws or regulations
- Infringe on intellectual property rights of others
- Distribute malware, viruses, or harmful code
- Send spam or unsolicited communications
- Engage in fraudulent or deceptive activities
- Host illegal, obscene, or adult content
- Harass, abuse, or harm others
Termination
We reserve the right to suspend or terminate services immediately if you:
- Violate these Terms of Service
- Fail to pay for services after notice
- Engage in illegal activities
- Abuse our staff or support team
- Use our services in a manner that could damage our reputation
Dispute Resolution
Any disputes arising from these Terms shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be settled through binding arbitration in accordance with the laws of the Commonwealth of Massachusetts. Any legal action must be brought within one (1) year of the event giving rise to the claim.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Changes to Terms
We may update these Terms of Service from time to time. We will notify you of significant changes via email or by posting a notice on our website. Continued use of our services after changes constitutes acceptance of the new Terms.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and New England Smart Sites regarding your use of our services.
Privacy Policy
Your use of our services is also governed by our Privacy Policy, which can be found at newenglandsmartsites.com/privacy-policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.
Contact Us
If you have any questions about these Terms of Service, please contact us:
New England Smart Sites
Email: [email protected]
Website: newenglandsmartsites.com