Introduction
Welcome to ELLOS Marketing, Inc. and thank you for being our Client. By purchasing or using our website services (“Services”), you (“Client”) agree to comply with and be bound by these Terms and Conditions (“Terms”). This agreement outlines the terms under which ELLOS Marketing provides website services and details the responsibilities and obligations of both the Client and ELLOS Marketing.

Please read these Terms carefully. By accessing or using our Services, you acknowledge that you have read, understood, and agree to abide by them. If you do not agree with any part of these Terms, you should refrain from using our Services. For details about canceling services, refer to Termination of Services.

Services Provided
The following services are included for a single website hosted on a single domain.

Hosting
Website hosting on one of our dedicated servers.

• Regular website backups to facilitate restoration or transfer when needed.
• Maintenance
• Monthly updates for website themes and plugins to ensure compatibility and performance.
• Server-side caching and code minification for enhanced user-experience.
• Domain management assistance.
• Security
• SSL (Secure Socket Layer) certificate to protect website data.
• Regular malware scans to detect and remove suspicious files.
• ReCAPTCHA anti-spam protection for forms.
• Measures for spam and hacking prevention.
• Secure access login URLS.

Licenses
License use for select developer tools used to create or maintain the website framework (e.g., Elementor Pro, Gravity Forms, etc.).

Cookies and Privacy Policy
Installation and configuration of a free cookie policy widget and a privacy policy page with standard website terms or customized content provided by the Client.

Analytics
Google Analytics integration for tracking website visitors and activity.

Service Restrictions
Website size is limited to 5GB of storage. Clients requiring additional storage will incur additional charges. Monthly unique visitor limits are capped at 5,000. For websites exceeding this limit, additional traffic or server resources can be accommodated at an extra cost.

Third-Party Services
ELLOS Marketing does not have control over third-party companies and the performance of their website plugins, tools, and extensions. ELLOS Marketing is not responsible for issues arising from these services. We will do our best to maintain third-party tool functionality and may replace them with comparable tools as needed.

Support
For assistance with website support, general inquiries, or to request a service estimate, please visit https://ellos.marketing/support/ and complete the support form. This ensures your request is added to our ticketing system and prioritized in our response queue.

Please be aware that email inquiries are not automatically added to our ticketing system. As a result, responses to emails may be delayed and are not guaranteed to follow the same priority order as requests submitted through the support form. For the most reliable and efficient service, we recommend using the support form.

Payment Terms

• Schedule
  • Invoice Date: Invoices are sent electronically on the 5th of every month.
  • Payment Due Date: Payments are due by the 10th of every month.
• Pay Online
  • Invoices will include a secure link for payment by credit card or ACH bank transfer powered by Stripe.
  • Tip: Save a credit card on file for automatic payments to avoid late fees.
• Pay By Check
  • We do not accept checks for monthly payments.
    If you prefer to pay by check, an annual invoice for the full year’s services must be paid in advance.
• Late Fees
  • Payments more than 30 days late will incur a $50 late fee and may result in the suspension of services, including the temporary removal of the website until the account is paid in full.
  • Payments more than 60 days late will incur a $100 late fee.
  • Payments more than 90 days late will be sent to collections, with all associated costs billed to the Client.
• Additional Costs
  • Services beyond the scope of this website plan will be billed hourly.
  • Hourly Rates
    Website Development – $150/hour or $1000/10 hours

Renewal
This monthly plan will automatically renew each month unless cancelled by the Client.

Termination of Services

• How to Cancel
  • To cancel your services, visit https://ellos.marketing/cancel-services/ and complete the cancellation form.
• 30-day Notice
  • A minimum of 30 days’ written notice is required to process a cancellation request. Clients will remain responsible for payments during the notice period.

Website Handover

Upon request, ELLOS Marketing will provide the Client with a downloadable link to a ZIP file containing a backup of their website. This backup file can be used to restore the website on new server.

Exclusions
Please note: All licenses, developer tools, professional plugins and proprietary code utilized by ELLOS Marketing will be removed from the website and backup prior to handover.

Refunds
Due to the nature of digital services, ELLOS Marketing does not provide refunds or prorated adjustments for unused time.

Changes to Services and Pricing
ELLOS Marketing reserves the right to modify its services, pricing, or terms and conditions. 

Client Responsibilities

• Active Domain
  The Client must provide an active domain URL to use for the website.
• Email Functionality
  The Client must provide access to a working email address to ensure proper functionality of website forms and other email-related features.
• Account Updates
  The Client will promptly notify ELLOS Marketing of any changes to logins, domains, email accounts, social media portals, or other accounts related to the website. Failure to do so may cause performance issues or delays, and no refunds will be issued for downtime resulting from such circumstances.

Account Security
The Client agrees to keep login credentials secure and confidential. ELLOS Marketing is not responsible for unauthorized access due to insecure login practices.

Content Ownership
The Client is fully responsible for all content on their website. ELLOS Marketing assumes no responsibility for website content, including its accuracy, legality, or compliance with regulations.

Ownership of Provided Materials
The Client guarantees that any text, graphics, photos, designs, trademarks, or other artwork provided to ELLOS Marketing for use on the website or in marketing are either owned by the Client or the Client has permission to use them. The Client assumes full responsibility for these materials.

Privacy and Data Management
The Client is responsible for managing any data collected via their website and ensuring visitor privacy rights are upheld, in accordance with applicable laws.

Compliance with Laws
The Client is responsible for ensuring their website adheres to all applicable legal regulations, including ICANN marketing laws, industry-specific requirements, ADA compliance, and displaying appropriate licenses or certifications.

Legal Guidance

While ELLOS Marketing can provide general guidance and share industry standards, Clients must consult their own legal advisors for website compliance and related matters.

Intellectual Property Rights

• Client Content and Materials
  • The Client retains ownership of all text, graphics, photos, logos, trademarks, and other content provided to ELLOS Marketing for use in the website or marketing materials.
  • The Client represents and warrants that they own the rights to any materials provided or have obtained proper permissions from the rightful owner(s).
  • The Client assumes full responsibility for any claims or disputes arising from the use of provided materials.
• Portfolio Usage
  • The Client grants ELLOS Marketing, Inc. the right to showcase any marketing, artwork, and website design/content created for the Client in ELLOS Marketing’s public and private portfolios.
  • ELLOS Marketing may use screenshots, descriptions, or case studies of the work for marketing purposes, unless the Client provides a written request to exclude specific materials.
• Ownership of Website Design and Code
  • ELLOS Marketing retains copyright ownership of the website design, code, and other creative elements created during the project unless otherwise agreed upon in writing.
  • While the Client is active and in good standing (no outstanding invoices), the Client is granted a non-exclusive, perpetual license to use the website design and code for its intended purpose. This license does not include proprietary frameworks, tools, or plugins used during development, which remain the property of ELLOS Marketing or their respective licensors.
  • The Client is not permitted to sublicense, sell, or distribute the website design or code to third parties without prior written consent from ELLOS Marketing.
• Attribution and Footer Link
  • The Client agrees to keep “Website Marketing by ELLOS Marketing, Inc.” with a link to https://ellos.marketing in the footer of the website at all times.
  • This attribution must remain unaltered, regardless of contract status or if hosting has been moved to a new provider.
  • The Client agrees only replace ELLOS Marketing with the name of another marketing company, add a link to another marketing company, or remove/alter the footer text or link if the website has been fully redesigned or with written consent from ELLOS Marketing.
  • If the footer text or link is removed or altered, the Client agrees to pay a penalty of $100 per month for each month the link is missing or a one-time fee of $1,200.

Licensed Tools and Plugins
Any third-party tools, frameworks, or plugins used in the development of the website are licensed, not sold, to the Client.
Upon termination of services, ELLOS Marketing will remove these tools/plugins, and the Client will need to purchase their own licenses if continued use is required.

Prohibited Modifications
The Client agrees not to modify, copy, reverse-engineer, or redistribute any proprietary code, tools, or elements created by ELLOS Marketing without written authorization. Unauthorized modifications or distribution may result in legal action or penalties.

Website Transfer and Handover

Upon request, ELLOS Marketing will provide the Client with a digital file containing the website backup.

The Client acknowledges that the transfer of the website to a new hosting provider may result in the loss of certain features (e.g., plugins, tools, or integrations).

ELLOS Marketing is not responsible for ensuring the continued functionality of the website on another platform.

Limitation of Liability

• ELLOS Marketing, Inc. shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to data loss, downtime, service interruptions, or financial losses arising from the use of our services or terminating our services.
• ELLOS Marketing, Inc. shall not be held liable for damages, including but not limited to, data loss, interruptions in service, or financial loss arising from third-party services or force majeure events.
• The Client agrees that the total liability of ELLOS Marketing, Inc. is limited to the amount paid by the Client for the services in the 3 months preceding the incident that gave rise to the claim.
• ELLOS Marketing does not guarantee uninterrupted or error-free service but will make reasonable efforts to minimize disruptions.

Governing Law and Dispute Resolution
The Client agrees to resolve any disputes arising from this agreement through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). By agreeing to these terms, the Client waives the right to file lawsuits or participate in class actions related to this agreement or services provided by ELLOS Marketing.

Force Majeure

• ELLOS Marketing, Inc. is not liable for delays or service interruptions caused by events beyond its control, including but not limited to natural disasters, government actions, public emergencies, power outages, cyberattacks, or labor disputes. In such events:
  • Services may be temporarily suspended without breach of contract.
  • Reasonable efforts will be made to resume services as soon as possible and notify the Client.
• Clients agree that ELLOS Marketing is not responsible for losses or damages resulting from such disruptions.

Technology Updates
Website technology is advancing rapidly. Over time your website may need additional work not included in this website plan. We may recommend updating your page layouts and media files to fit new standards and reach optimal performance. Much like your car, phone and computer become outdated over time, so will your website. After a few years we may need to consider updates to help with website speed, functionality, security, and performance.Contact Information

For more information, please contact us at:

• [email protected]
• ellos.marketing/support

Acceptance of Terms
By using or accessing the services provided by ELLOS Marketing, Inc., you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you are not authorized to use our services. Your continued use of our services constitutes your acceptance of these terms, as well as any future updates or amendments.