Next Genesis Sites
Effective date: January 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.
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 checkout or order page at the time of purchase.
Recurring billing. If you purchase a subscription, you authorize us (through our payment processor) to charge your payment method the applicable amount on a recurring basis (for example, monthly). Your subscription renews automatically each billing period and continues until you cancel. The price and billing frequency are disclosed to you at checkout before you complete your purchase.
Failed or late payments. If a payment fails or is past due, we may suspend or pause your services until payment is resolved. Services that depend on an active subscription (such as hosting, CRM access, and automations) may stop working while your account is unpaid.
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.
You may cancel your subscription by emailing us at matt@nextgenesissites.com with at least thirty (30) days' notice. Your cancellation takes effect at the end of the 30-day notice period, and your subscription remains active and billable until then. We do not provide partial-period refunds for the billing period in which your cancellation takes effect.
When you cancel, you forfeit the websites, CRM, automations, and other systems we have set up for you, along with access to them. These components are part of your active managed subscription and do not continue after cancellation. You are responsible for exporting or saving any data you wish to keep before your access ends.
This forfeiture does not apply to a standalone custom website build-out - for example, a custom website hosted on your own Cloudflare or Vercel account that does not connect to or rely on our CRM system - or to anything else we have separately agreed in writing that you may keep. Those remain yours, subject to any applicable one-time fees being paid in full.
Except as expressly stated here, all fees are non-refundable, including monthly subscription fees and fees for work already performed.
We offer a refund in one limited circumstance: if we are unable to deliver the core foundational setup you purchased, the failure is due solely to us (and not to your delay or failure to provide required access, materials, or approvals under Section 3), and we are unable to remedy it within a reasonable period after you notify us. In that case, your refund is limited to the amount you paid for the undelivered core setup. This is your sole and exclusive remedy for non-delivery.
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.
As long as your account is active and your fees are current, you have the right to use the website, systems, and materials we create or configure for you. Certain underlying tools, templates, configurations, frameworks, and platforms remain owned by us or our third-party providers and are licensed to you only for use with our services. When your subscription ends, your right to use any subscription-based or managed components ends as well.
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
