Last Updated: 06-18-2025
Effective Date: 01-01-2025
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”). These Terms outline the conditions under which ELLOS Marketing, Inc. (“ELLOS Marketing”) provides website services and the respective responsibilities and obligations of ELLOS Marketing and the Client.
Please read these Terms carefully. By accessing or using the 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 the Services. For information regarding cancellation, see Termination of Services below.
The following services are included for a single website hosted on a single domain, unless otherwise agreed in writing.
Backups maintained by ELLOS Marketing are operational backups for ELLOS Marketing’s use in providing the Services and do not constitute a transferable website copy, migration package, or deliverable unless otherwise agreed in writing.
ELLOS Marketing may use developer licenses for select tools, plugins, frameworks, software, and services used to create, maintain, or operate the website framework, including tools such as Elementor Pro and Gravity Forms. Such licenses are provided only as part of the active Services and do not transfer to the Client.
Installation and configuration of a cookie-policy widget and privacy-policy page using standard language or customized content supplied by the Client.
Google Analytics integration for tracking website visitors and activity, when applicable.
Website storage is limited to 4GB. Clients requiring additional storage may incur additional charges. Monthly unique visitors are limited to 5,000 unless otherwise agreed. Websites exceeding these limits may require additional traffic, storage, or server resources at an additional cost.
ELLOS Marketing does not control third-party companies or the performance, availability, security, licensing, or continued operation of third-party plugins, software, tools, APIs, frameworks, hosting components, or extensions.
ELLOS Marketing is not responsible for issues caused by third-party services. ELLOS Marketing may update, replace, discontinue, or substitute third-party tools when reasonably necessary to maintain website functionality, security, compatibility, or performance.
For website support, general inquiries, or service estimates, please visit:
https://ellos.marketing/support/
and complete the support form. This ensures the request is added to ELLOS Marketing’s ticketing system and prioritized in the support queue.
Email inquiries are not automatically added to the ticketing system and may not receive the same response priority as requests submitted through the support form.
Invoices include a secure payment link for credit-card or ACH payment through Stripe. Clients may save a payment method for automatic payment.
Monthly payments by check are not accepted. Clients wishing to pay by check must pay an annual invoice for the full year of Services in advance.
Services outside the scope of the Client’s website plan are billed separately.
Website Development: $150/hour or $1,000 for a 10-hour block, unless otherwise agreed in writing.
This monthly plan automatically renews each month unless cancelled in accordance with the Termination of Services section.
To cancel Services, visit:
https://ellos.marketing/cancel-services/
and complete the cancellation form.
A minimum of 30 days’ written notice is required to process a cancellation. The Client remains responsible for all payments due during the notice period.
At the end of the applicable notice period:
Termination of Services does not itself constitute a sale, assignment, transfer, delivery, or license of the website’s technical implementation.
The Client retains ownership of all text, photographs, graphics, logos, trademarks, documents, videos, and other materials supplied by the Client to ELLOS Marketing.
The Client represents and warrants that it owns or has permission to use all materials it provides and assumes responsibility for claims or disputes arising from those materials.
Upon termination, ELLOS Marketing will, upon request, provide copies of Client-owned content reasonably available to ELLOS Marketing in a standard, non-proprietary format.
At ELLOS Marketing’s discretion, final client-facing copy, graphics, images, documents, or other marketing content created specifically for the Client may also be provided in a non-proprietary format for the Client’s future use, provided such materials do not contain ELLOS Website Technology or third-party licensed materials that cannot legally be transferred.
Client Content does not include website layouts, page-builder templates or data, themes, source code, custom code, database architecture, plugin configurations, integrations, development files, proprietary tools, frameworks, technical workflows, or other technical elements used to construct or operate the website.
Client-specific branding, content, photographs, business information, property information, financial information, and Client Data incorporated into ELLOS Website Technology remain Client Content or Client Data as applicable. Their incorporation into ELLOS Website Technology does not grant the Client ownership of the underlying software, architecture, frameworks, code, tools, templates, systems, calculations, workflows, or functionality used to store, process, organize, calculate, map, generate, display, or otherwise use such content or data.
Except for Client Content and other materials expressly identified as transferable, ELLOS Marketing retains all right, title, and interest in the website design and technical implementation created, configured, adapted, or maintained by ELLOS Marketing, including without limitation:
Collectively, these materials are referred to as “ELLOS Website Technology.”
ELLOS Website Technology may be developed initially in connection with a particular Client project or may currently be deployed only for that Client. Technology does not become Client-owned or cease to be proprietary to ELLOS Marketing merely because the Client is the first or only current implementation, because the technology was developed in connection with the Client’s website, or because the Client paid for development services.
ELLOS Website Technology includes technology designed, structured, or capable of being reused, adapted, configured, licensed, or deployed in other websites, applications, projects, clients, or industries, whether or not ELLOS Marketing has previously deployed the technology elsewhere.
Payment for website development, customization, hosting, maintenance, support, or other Services does not constitute a sale, assignment, or transfer of ELLOS Website Technology unless ELLOS Marketing expressly agrees to such transfer in a separate written agreement.
While the Client maintains an active website-services agreement with ELLOS Marketing and remains in good standing with no outstanding invoices, ELLOS Marketing grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable license to use ELLOS Website Technology solely as part of the website hosted, maintained, and operated through ELLOS Marketing’s Services for the Client’s intended business purpose.
This limited license:
Where the Client is authorized to use ELLOS Website Technology, the Client may use the functionality made available through the website for its intended business purpose and may use existing Client-facing or administrative interfaces made available by ELLOS Marketing to add, edit, remove, or manage Client Content and Client Data.
Authorization to use ELLOS Website Technology does not authorize the Client or any third party to modify, maintain, extend, enhance, adapt, update, reverse-engineer, decompile, create derivative works from, or add functionality to the underlying technology.
For example, a Client may use an existing interface provided by ELLOS Marketing to add a property, community, image, document, or other Client Content where that functionality is available. The Client may not authorize another developer, agency, contractor, or service provider to modify the underlying plugin, framework, mapping system, calculator, document generator, database architecture, integration, or other ELLOS Website Technology to add or alter capabilities without ELLOS Marketing’s prior written authorization.
Clients are not entitled to full administrator, server, file-system, database, source-code, migration, deployment, hosting-control-panel, repository, or developer-level access to the website or ELLOS Website Technology unless ELLOS Marketing expressly agrees otherwise in writing.
ELLOS Marketing determines the type and level of website access provided to the Client based on the Services being provided. Any access credentials or permissions provided to the Client are limited to their intended purpose and do not grant ownership, transfer rights, source-code rights, migration rights, or development rights in ELLOS Website Technology.
The Client may not provide credentials, access, files, exports, screenshots of non-public technical systems, source materials, database access, administrative access, or other technical access to another developer, agency, contractor, hosting provider, or third party for the purpose of copying, exporting, extracting, migrating, reverse-engineering, reproducing, modifying, maintaining, extending, or creating derivative works from ELLOS Website Technology without ELLOS Marketing’s prior written authorization.
Nothing in this section prevents the Client from engaging another provider to create a new website independently using the Client’s own content and data, provided the new provider does not copy, extract, use, reproduce, derive its work from, or otherwise access ELLOS Website Technology in violation of these Terms.
All rights not expressly granted to the Client under these Terms are reserved by ELLOS Marketing.
No license, ownership right, transfer right, development right, migration right, source-code right, or other right in ELLOS Website Technology arises by implication, estoppel, payment, commissioning of development work, funding of development work, access to the website, possession of website credentials, use of an administrative interface, or the Client’s use of ELLOS Website Technology.
Upon request following termination, ELLOS Marketing will provide reasonably available Client Content in a standard, non-proprietary format suitable for use by the Client in future marketing or in a separately developed website.
A content handover is not a website migration and does not include:
If reasonably available, Client-owned lead or form-submission data may be provided separately in a commonly used data format such as CSV. Providing Client data does not require ELLOS Marketing to provide the website database, database architecture, source files, or system configuration containing that data.
If ELLOS Marketing separately authorizes the Client to receive, host, operate, or continue using any portion of ELLOS Website Technology after termination, such authorization grants only the rights expressly stated in the applicable written agreement.
Unless the applicable written agreement expressly provides otherwise, any post-termination authorization is limited to operating the specifically authorized technology in its existing form for the Client’s own internal business purposes.
Such authorization does not include the right to modify, maintain, extend, enhance, adapt, update, reverse-engineer, create derivative works from, sublicense, redistribute, sell, reuse, commercialize, or authorize third-party development of ELLOS Website Technology.
ELLOS Marketing may exclude or remove proprietary frameworks, reusable tools, custom plugins, source code, libraries, APIs, developer tools, licenses, credentials, integrations, and other ELLOS Website Technology from any authorized website handover unless the written transfer agreement expressly identifies those items as included.
Third-party software, plugins, frameworks, APIs, libraries, fonts, subscriptions, developer licenses, and other services used by ELLOS Marketing remain subject to their respective owners’ terms and licenses.
No ELLOS-owned or agency-level license, subscription, account, credential, API key, access right, or developer entitlement transfers to the Client upon termination.
The Client may independently obtain licenses to commercially available third-party products for use in a separately developed website. Obtaining such third-party licenses does not grant the Client rights in ELLOS Website Technology and does not authorize migration or continued operation of the ELLOS-developed website.
ELLOS Marketing may remove, deactivate, disconnect, or revoke access to ELLOS-owned licenses, credentials, subscriptions, tools, and third-party services when Services terminate.
Except as expressly authorized in writing by ELLOS Marketing, the Client may not:
Unauthorized use may constitute a material breach of these Terms and may subject the Client to available contractual and legal remedies.
The Client grants ELLOS Marketing the right to showcase marketing, artwork, screenshots, website designs, and other work 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.
While ELLOS Website Technology is used under an active Services agreement, the Client agrees to keep the attribution:
Website Marketing by ELLOS Marketing, Inc.
with a link to:
in the website footer unless ELLOS Marketing provides written approval for its removal or alteration.
The Client may remove the attribution after replacing the ELLOS-developed website with a separately developed website that does not use ELLOS Website Technology.
Any agreed fee for removal of attribution while ELLOS Website Technology remains in use must be stated in writing.
Due to the nature of digital services, ELLOS Marketing does not provide refunds or prorated adjustments for unused time unless otherwise required by law or agreed in writing.
ELLOS Marketing may update these Terms, Services, or pricing from time to time.
Material changes affecting the Client’s rights or obligations will be provided to the Client at least 30 days before the stated effective date unless a shorter period is required by law or affirmatively agreed to by the Client.
ELLOS Marketing may require affirmative acceptance of materially revised Terms. Where affirmative acceptance is requested, the revised Terms will become binding upon the Client’s acceptance or on the stated effective date following acceptance, as applicable.
Non-material administrative, technical, formatting, or clarifying changes may become effective upon publication or notice.
Continued use of the Services after the effective date of properly noticed updated Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law.
The Client must provide and maintain an active domain URL for use with the website.
The Client must provide access to a working email address as reasonably necessary for website forms and other email-related functionality.
The Client will promptly notify ELLOS Marketing of changes to logins, domains, email accounts, social-media portals, or other accounts related to the website. ELLOS Marketing is not responsible for downtime or performance issues caused by outdated or incorrect account information supplied by the Client.
The Client agrees to keep login credentials secure and confidential. ELLOS Marketing is not responsible for unauthorized access resulting from the Client’s failure to maintain secure credentials or access practices.
The Client is responsible for the accuracy, legality, and regulatory compliance of content published on its website, including content supplied or approved by the Client.
ELLOS Marketing may provide general guidance or implementation assistance but does not provide legal advice and does not guarantee that website content satisfies all laws, regulations, accessibility standards, industry rules, or other legal requirements.
The Client is responsible for managing personal information and other data collected through the website and for complying with applicable privacy, disclosure, retention, consent, and data-protection requirements.
The Client is responsible for ensuring that its business and website comply with applicable laws and regulations, including industry-specific requirements, required disclosures, privacy obligations, accessibility requirements, licenses, and certifications.
ELLOS Marketing may provide general information and share common industry practices, but the Client should consult its own legal, tax, compliance, or other professional advisors regarding legal or regulatory requirements.
The provisions concerning ownership, intellectual property, licenses, ELLOS Website Technology, prohibited use, third-party technology, restrictions on access and modification, payment obligations, limitations of liability, dispute resolution, and any other provisions that by their nature are intended to survive will remain in effect after termination or expiration of the Services.
Upon the Client’s acceptance of these Terms, these Terms supersede prior website-service terms concerning ownership, licensing, website technology, website access, hosting, termination, website handover, migration, source code, development rights, and post-termination use to the extent those prior terms conflict with these Terms.
A separate project-specific agreement will override these Terms only if that agreement expressly identifies the provision being overridden and expressly states that the conflicting provision of these Terms does not apply.
The existence of an earlier agreement, proposal, statement of work, invoice, website plan, hosting arrangement, or prior version of these Terms does not expand the Client’s rights in ELLOS Website Technology beyond the rights expressly granted under the controlling agreement.
To the fullest extent permitted by law:
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its applicable rules, unless the parties agree otherwise in writing or applicable law requires another forum.
Unless otherwise required by law, arbitration will take place in San Diego County, California.
To the extent permitted by law, the parties agree to bring claims only in their individual capacities and not as a plaintiff or class member in a purported class or representative proceeding.
ELLOS Marketing is not liable for delays, interruptions, or failures caused by circumstances beyond its reasonable control, including natural disasters, government actions, public emergencies, power outages, internet failures, cyberattacks, labor disputes, failures of third-party providers, or similar events.
In such circumstances:
Website technology changes over time. Themes, plugins, browsers, hosting requirements, security standards, design conventions, integrations, and software may become outdated or unsupported.
Work required to redesign, rebuild, replace, or materially update website technology may fall outside the Client’s existing website plan and may be separately quoted or billed.
For more information or support, contact:
By purchasing, accessing, or using the Services, the Client acknowledges that it has read, understood, and agrees to be bound by these Terms.
If the Client does not agree with these Terms, it is not authorized to use the Services.
Continued use of the Services following properly provided notice of updated Terms constitutes acceptance of the updated Terms to the extent permitted by applicable law. Where ELLOS Marketing requests affirmative acceptance of materially revised Terms, the Client must provide such acceptance for the revised Terms to apply as specified in the notice.