Agreement to these Terms
These Terms and Conditions ("Terms") are a binding agreement between Genius Tech Development LLC ("Genius Tech Development", "GTD", "we", "us" or "our") and you ("you" or "your") and govern your access to and use of the geniustechdevelopment.com website and any related pages, forms and communications (collectively, the "Website"). By accessing or using the Website, submitting a form, requesting a plan, or communicating with us through it, you agree to these Terms, our Privacy Policy, our Cookie Policy and our Acceptable Use Policy. If you do not agree, do not use the Website.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Website. If you use the Website on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms, and "you" refers to that entity.
Services and order of precedence
The Website describes the web development, digital marketing and related services and plans we offer. Information on the Website is not an offer to contract. Any purchase is governed by the plan or proposal you accept, the invoice, our General Service Agreement and our Refund Policy (together, the "Service Documents"). If there is a conflict, the accepted Service Documents control over these Terms.
Plans and plan terms
Our digital presence plans are paid in advance for the term stated in the plan (for example, 6 months, 1 year or 2 years). Hosting, corporate email, Google Business Profile management, maintenance and support included in a plan are provided only during the paid term. When the term ends, those services end unless you renew, and we may suspend or remove hosted websites, email accounts and data after giving notice. Plan features, prices and inclusions may change for new purchases and renewals.
No guarantee of results
Marketing outcomes depend on factors outside our control, including search engine and social media algorithms, competition, market conditions, ad budgets, and your products, pricing and sales process. We do not guarantee any particular result, including search rankings, map pack placement, traffic, leads, calls, sales, revenue or return on investment. Testimonials, statistics, badges and examples on the Website describe past or specific situations and are not a promise or prediction of your results.
Accessibility and ADA
"Web Inclusive & ADA Compliance" means we design and build your website using commercially reasonable efforts to follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as of launch. Because there is no single official legal standard for website accessibility under the Americans with Disabilities Act, and because websites change over time, we do not warrant or guarantee that any website is or will remain fully accessible or legally compliant, or that it will not be the subject of a demand letter, complaint or lawsuit. Content, images, documents, videos, third-party tools and changes added or requested by you or by others after launch are your responsibility. We do not provide legal advice. Our full accessibility terms are in the General Service Agreement.
Hosting, uptime and email
Any uptime figure we publish, such as 99.9%, is a target and not a guarantee. Hosting, email and other online services may be interrupted by maintenance, third-party outages, attacks or other events. Unless a separate written service level agreement says otherwise, no credits or refunds are owed for downtime. You are responsible for keeping your own backups of your content, data and emails.
Third-party platforms
Our services rely on platforms we do not own or control, such as Google, Meta, YouTube, X, hosting providers, domain registrars, email providers and payment processors. We are not responsible for their availability, policies, pricing, algorithm changes, ad disapprovals, profile verification or suspension, account bans, data loss or any other act or omission of those third parties. Advertising spend paid to any platform is non-refundable by GTD.
Quotes, pricing and information accuracy
Prices, plans, timelines and descriptions on the Website are for general information, may change at any time without notice, and are not binding until confirmed in an invoice or Service Document. The Website may contain typographical errors, inaccuracies or omissions, including in pricing. We reserve the right to correct them, to refuse or cancel any order affected by an error, and to update information at any time without notice.
Fees, payments and chargebacks
You agree to pay all fees in accordance with the Service Documents. Unless otherwise stated, fees are due in advance, are in US dollars and exclude taxes. Card payments are processed by our third-party processor (Authorize.Net); we do not store full card numbers. We may suspend work and services for any unpaid amount. Overdue amounts may accrue a late charge of 1.5% per month or the maximum allowed by law, whichever is lower, and you agree to reimburse reasonable collection costs and attorneys' fees. Before initiating any chargeback or payment dispute with your bank or card issuer, you agree to contact us at info@geniustechdevelopment.com and allow thirty (30) days to resolve the issue. Refunds are handled only as described in our Refund Policy.
Information you submit
You agree that any information you submit through the Website is accurate, current and your own, and that you are authorized to provide it. You may not submit information about another person without their permission. We handle the information you submit as described in our Privacy Policy.
Electronic communications and SMS
By submitting a form or contacting us, you consent to receive communications from us electronically, including by email and phone, about your inquiry or purchase. Agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing. We send SMS text messages only if you separately and expressly opt in, under the SMS terms in our Privacy Policy. Consent to SMS is not a condition of purchase, and you may reply STOP at any time to opt out.
Prohibited uses
You may not use the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local law or regulation; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone; (f) to submit false or misleading information or impersonate any person; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. We may restrict or terminate your access for violating any of these prohibited uses.
Intellectual property rights
The Website and all of its content, including text, graphics, logos, images, videos, designs, code and the selection and arrangement of that content, are owned by or licensed to Genius Tech Development LLC and are protected by copyright, trademark and other laws. These Terms do not transfer any intellectual property to you. You may view the Website for your own informational purposes only and may not copy, reproduce, republish, distribute, modify or create derivative works from it without our prior written consent. Third-party names, logos and badges, including those of Google, BBB and Authorize.Net, belong to their respective owners and do not imply endorsement of our services. Ownership of work we create for clients is governed by the Service Documents.
Links to other websites
The Website may link to websites we do not own or control. Links do not imply approval, association, sponsorship, endorsement or affiliation. We are not responsible for the content, products, services or practices of any third-party website, and your use of them is at your own risk.
Disclaimer of warranties
THE WEBSITE AND ALL INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GENIUS TECH DEVELOPMENT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Your use of the Website is solely at your own risk.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GENIUS TECH DEVELOPMENT LLC OR ITS AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, SALES, DATA, GOODWILL, BUSINESS OPPORTUNITY OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100) OR THE AMOUNTS YOU ACTUALLY PAID TO GENIUS TECH DEVELOPMENT IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Genius Tech Development LLC and its affiliates, owners, members, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Website or our services; (b) any information or content you submit or publish; (c) your violation of these Terms or any law; or (d) your violation of any third party's rights.
Dispute resolution and binding arbitration
Please read this section carefully. It affects your legal rights.
Informal resolution: before starting any formal proceeding, you agree to contact us in writing at info@geniustechdevelopment.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Arbitration: any dispute, claim or controversy arising out of or relating to the Website, these Terms or our services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in San Francisco County, California, or by video conference if the parties agree. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small claims court, either party may seek injunctive relief in court to protect its intellectual property or confidential information, and we may bring an action in court to collect unpaid fees.
Class action waiver: to the fullest extent permitted by law, all claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.
Time limit: any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
Governing law and venue
These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict of law rules. Subject to the arbitration section above, the exclusive venue for any action will be the state and federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, acts of government, labor disputes, internet or utility outages, cyberattacks, or failures of third-party platforms or providers.
Severability, waiver and assignment
If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition or sale of assets.
Changes and amendments
We may modify these Terms at any time by posting an updated version on the Website and revising the "Last updated" date on this page. Changes are effective when posted. Your continued use of the Website after changes are posted constitutes your acceptance of them.
Contacting us
If you have questions about these Terms, contact Genius Tech Development LLC, San Francisco, CA 94103, by email at info@geniustechdevelopment.com or by phone at (888) 531-8488.