Client Agreement
Please read these Terms carefully before using the Site or engaging our services.
These Terms of Service govern your access to and use of the website located at albersascent.com and all related services offered by Albers Ascent LLC. By accessing or using the Site, you agree to be bound by these Terms and all applicable laws. If you do not accept these Terms, you must discontinue use of the Site immediately. Albers Ascent may update these Terms at any time without notice, and your continued use of the Site constitutes acceptance of any modified Terms. It is your responsibility to periodically review these Terms and remain informed of updates.
1. Acceptance of Terms
By using this Site, you acknowledge that you have read, understood, and agreed to these Terms. Use of the Site or services signifies your agreement to be bound by these Terms and any policies referenced herein. If you do not agree, you are prohibited from accessing the Site. These Terms apply to all users, including clients, site visitors, and any persons interacting with Albers Ascent.
2. Description of Services
Albers Ascent provides website design, website development, search engine optimization, digital branding, content creation, portfolio presentation solutions, analytics setup, hosting configuration, consulting services, user experience enhancements, and other related services. Albers Ascent reserves the right to modify or discontinue any portion of the services at any time.
3. Website Use and User Responsibilities
You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You may not attempt to disrupt the Site, access restricted areas, introduce malicious code, scrape data, perform unauthorized testing, or otherwise misuse the Site. You agree not to engage in any activity that interferes with the proper operation of the Site or services.
4. Intellectual Property and Ownership
All content on the Site, including text, images, graphics, code, layouts, videos, software, and logos, is the property of Albers Ascent LLC or its licensors and is protected under copyright, trademark, and intellectual property laws. No materials may be reproduced or distributed without written permission.
All project deliverables created for clients, including design files, code, copy, layouts, and digital assets, remain the property of Albers Ascent until full payment has been received. Upon full payment, ownership of approved final deliverables transfers to the client unless otherwise stated in a written contract. All drafts, unused concepts, working files, prototypes, and proprietary tools remain the exclusive property of Albers Ascent at all times.
Albers Ascent reserves the right to display completed work, screenshots, and descriptions in portfolios, case studies, proposals, and marketing materials unless the client requests otherwise in writing. This includes displaying the project on the Albers Ascent website, social media, advertisements, proposals, and case studies.
5. Client Responsibilities
Clients must provide accurate, complete, and timely content necessary for project completion, including images, branding assets, copy, technical access, and approvals. Clients are responsible for confirming that all content they provide is properly licensed and lawful. Delays caused by the client, including failure to provide required materials or approvals, may extend project timelines and may result in additional fees. Albers Ascent is not responsible for project delays caused by client inaction.
6. Payment Terms
Payments must be made according to the terms specified in proposals or invoices. Deposits may be required before work begins. All payments are final. Refunds are not guaranteed and will not be issued for completed or partially completed work. Deposits are non-refundable. Payment plans, if offered, must be adhered to; failure to comply may result in suspension of services or acceleration of the remaining balance.
Albers Ascent retains all rights to deliverables until payment is made in full. Chargebacks or payment disputes will result in immediate suspension of services.
Albers Ascent does not provide refunds for any payments made, including deposits, partially completed work, or completed work.
7. SEO Disclaimers and Performance Limitations
Albers Ascent does not guarantee specific SEO results, rankings, traffic levels, impressions, click-through rates, or leads. Search engine algorithms and external factors may change without notice. SEO results depend on market conditions, competition, content quality, domain history, technical ecosystem, and client participation. Any projections or statements regarding performance are estimates and are not warranties.
8. Hosting, Third-Party Providers, and Client Edits
Albers Ascent may assist with hosting setup, domain management, email configuration, or third-party integrations but is not responsible for outages, downtime, data loss, breaches, or failures caused by third-party providers, including hosting companies, domain registrars, email platforms, plugin developers, or content management systems.
Albers Ascent is not responsible for issues resulting from client edits, updates, or installation of plugins or applications after the project is delivered. Any repairs required due to client modifications will incur additional fees. Only clients enrolled in an active maintenance plan receive ongoing updates, security monitoring, or emergency support.
9. Security, Backups, and Data Loss
While Albers Ascent follows industry-standard security practices, no website or transmission can be guaranteed to be entirely secure. Albers Ascent is not liable for security breaches, malware, hacks, or data loss. Clients are responsible for maintaining backups unless an active maintenance contract states otherwise. Restoration requests may incur additional charges.
10. Compliance Disclaimer
Unless explicitly stated in writing, Albers Ascent does not guarantee compliance with ADA accessibility standards, GDPR, CCPA, WCAG, or other regulatory frameworks. Compliance services may require additional work and separate agreements. Clients are responsible for ensuring compliance applicable to their specific industry.
11. Browser Compatibility and Technical Limitations
Albers Ascent builds websites optimized for the most recent stable versions of major browsers. Performance may differ based on device type, operating system, or browser version. Albers Ascent does not guarantee compatibility with outdated or unsupported browsers or devices.
12. Disclaimer of Warranties
All materials and services are provided “as is” and “as available.” Albers Ascent makes no warranties, expressed or implied, including warranties of accuracy, reliability, merchantability, fitness for a particular purpose, non-infringement, or error-free operation. Use of the Site or services is at your own risk.
13. Limitations of Liability
Albers Ascent is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, or business interruption. In all cases, Albers Ascent’s total liability shall not exceed the amount paid by the client for the specific service giving rise to the claim. These limitations apply even if Albers Ascent has been informed of the possibility of such damages.
14. Microsoft Clarity and Analytics Disclosure
Albers Ascent uses analytics tools, including Microsoft Clarity and Microsoft Advertising. The required disclosure is included as follows: "We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement."
15. Third-Party Links
The Site may contain links to external websites. Albers Ascent is not responsible for the content, accuracy, legality, or practices of third-party websites. Accessing such websites is at your own risk.
16. User Content and Submissions
If you submit feedback, content, or suggestions, you grant Albers Ascent a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, or modify such content in connection with operating or improving the Site and services. You acknowledge that such submissions may be used without compensation.
17. Indemnification
You agree to indemnify, defend, and hold harmless Albers Ascent, its owners, employees, contractors, and affiliates from all claims, damages, liabilities, losses, or expenses arising out of your use of the Site, your violation of these Terms, or any content you provide.
18. Termination of Services and Access
Albers Ascent may suspend or terminate your access to the Site or services at its sole discretion, with or without cause, including violations of these Terms, unlawful behavior, or any actions deemed disruptive. Termination may be temporary or permanent. Outstanding balances remain due following termination.
19. Force Majeure
Albers Ascent shall not be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, acts of God, war, terrorism, power outages, strikes, or system failures.
20. Assignment
Clients may not assign, transfer, or delegate any rights or obligations under these Terms without the written consent of Albers Ascent. Albers Ascent may assign its rights and obligations in connection with mergers, acquisitions, or business restructuring.
21. Survival Clause
Sections relating to intellectual property, payment, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution shall survive the termination of these Terms.
22. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any services provided by Albers Ascent shall be resolved exclusively through binding arbitration conducted in Brevard County, Florida, in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted on an individual basis only. Consolidated actions, class actions, class arbitrations, private attorney general actions, or representative proceedings are strictly prohibited. Each party shall bear its own legal fees and costs unless otherwise required by law. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
23. Entire Agreement
These Terms, including all referenced policies, constitute the entire agreement between you and Albers Ascent regarding the Site and supersede any prior agreements, understandings, or representations.
24. Non-Solicitation
The client agrees that for a period of twenty-four months following the completion or termination of any project or service, the client will not directly or indirectly solicit, hire, or attempt to hire any employees, contractors, subcontractors, or service providers engaged by Albers Ascent. This restriction applies whether the solicitation is made directly by the client or indirectly through a third party. Any violation of this provision shall entitle Albers Ascent to damages, including but not limited to the full value of the labor lost and any associated costs.
25. Non-Disparagement
The client agrees not to make, publish, or communicate to any third party any defamatory, misleading, or disparaging statements concerning Albers Ascent, its services, employees, or affiliates. This includes online reviews, social media posts, public commentary, and private communications intended to harm the reputation of Albers Ascent. Nothing in this clause is intended to restrict the client from making truthful statements when required by law.
26. Communications Consent
By contacting Albers Ascent or submitting information through the Site, the user consents to receive communications by email, phone, SMS, social media messaging, or other contact methods reasonably necessary to provide services, manage billing, deliver project updates, or respond to inquiries. Users may opt out of marketing communications but may not opt out of essential service communications while an active project is in progress.
27. Data Transfer and Storage
By using the Site or engaging Albers Ascent services, you acknowledge and consent to the transfer, storage, and processing of your information within the United States. You understand that data protection laws outside your jurisdiction may differ from the laws applicable in your location. You agree that Albers Ascent is not liable for compliance with foreign privacy laws unless explicitly stated in a separate written agreement.
28. Prohibited Industries and Client Screening
Albers Ascent reserves the right to refuse service to individuals or businesses operating in industries that present elevated legal, ethical, or technical risks, including but not limited to illegal goods, counterfeit products, adult content, gambling, extremist content, or any industry deemed unsafe or unlawful at Albers Ascent’s sole discretion. Albers Ascent may terminate any project immediately if content is discovered to violate applicable laws or ethical standards.
Albers Ascent may refuse service to any industry that presents reputational, legal, or risk concerns, at its sole discretion.
29. No Guarantee of Feature Permanence
Digital platforms, plugins, APIs, browsers, and technologies evolve continuously. Albers Ascent does not guarantee that any specific website feature, functionality, integration, plugin, API, or external system will remain available or operational indefinitely. You acknowledge that third-party changes may impact your website’s performance or capabilities and that such changes are outside the control of Albers Ascent.
30. Change Request Procedures
Any requests for changes, additions, revisions, redesigns, or functional modifications beyond the scope defined in the original proposal or service agreement will be subject to additional billing. Albers Ascent will provide updated pricing before performing extra work. Project timelines may be extended to accommodate change requests. Verbal approvals are considered binding unless otherwise stated.
31. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary, strategic, technical, operational, financial, or sensitive information disclosed during the course of the project. Confidential information may not be shared with third parties without written consent, except where required by law. This obligation survives the termination of any project or agreement.
32. Credential and Access Liability
The client is solely responsible for the security of any credentials provided to Albers Ascent, including passwords, hosting logins, domain access, email logins, and third-party account credentials. The client agrees to use secure passwords and to maintain access control over all accounts. Albers Ascent is not responsible for breaches, unauthorized access, data loss, or damages resulting from insecure, weak, compromised, or improperly shared credentials.
33. File and Asset Retention Policy
Albers Ascent does not guarantee long-term storage or retention of project files, backups, working files, or assets after a project has been delivered, unless a maintenance plan explicitly includes long-term archiving. Clients are responsible for downloading and securely storing all final deliverables. Restoration or retrieval of archived materials, when available, may incur additional fees.
34. Artificial Intelligence and Automation Disclosure
Albers Ascent may use artificial intelligence tools, machine learning systems, automated workflows, or generative technologies in the creation of content, code, analytics, designs, or other deliverables. By engaging Albers Ascent, the client acknowledges and consents to the use of such tools. Clients understand that AI-generated content may require review and human editing to ensure accuracy and suitability for specific use cases.
Albers Ascent is not responsible for inaccuracies, omissions, or intellectual property issues arising from third-party AI tools.
35. Rights Reserved
Albers Ascent reserves the right to refuse service, decline projects, or terminate ongoing work with any user or client at any time for any lawful reason. Reasons for termination may include disrespectful behavior, abusive communication, unlawful requests, ethical concerns, or activities that violate these Terms.
36. Export Control Compliance
Users agree not to violate United States export laws or transfer software, technology, or services to prohibited jurisdictions, entities, or individuals as defined by applicable export regulations.
37. Survival of Terms
All provisions relating to intellectual property, confidentiality, non-solicitation, non-disparagement, indemnification, limitations of liability, disclaimers, payment obligations, arbitration, and governing law shall survive the termination or completion of services.
38. Not a Legal Partner or Fiduciary
Albers Ascent does not act as a legal advisor, fiduciary, agent, or representative for the client. Nothing in these Terms or in the course of providing services shall be interpreted as creating any fiduciary duties or obligations. The client acknowledges that they are solely responsible for all legal, regulatory, financial, and compliance-related decisions for their business.
39. No Professional Advice Disclaimer
Any strategy, guidance, analysis, recommendations, insights, or suggestions provided by Albers Ascent, including those relating to SEO, branding, marketing, analytics, website structure, or content, are provided for informational purposes only. Such information does not constitute legal, financial, tax, or professional advice. Clients are solely responsible for consulting qualified professionals where necessary.
40. No Partnership or Joint Venture
Nothing in these Terms shall be construed to create a partnership, joint venture, employer–employee relationship, franchise, agency, or legal association between the client and Albers Ascent. Both parties remain independent contractors. Neither party has authority to bind or obligate the other in any capacity.
41. Time Estimates Are Not Binding
All timelines, delivery dates, schedules, and projected completion estimates provided by Albers Ascent are non-binding and subject to change. Timelines may be affected by revisions, client delays, technical dependencies, third-party platforms, or unforeseen circumstances. Albers Ascent does not guarantee delivery on specific dates.
42. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the intent of the original clause.
43. Waiver
The failure of Albers Ascent to enforce any right, term, or provision of these Terms shall not be considered a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Albers Ascent. A waiver in one instance shall not constitute a waiver in any future instance.
44. Contact Information
For questions or requests related to these Terms, please contact:
Albers Ascent LLC
Email: noah@albersascent.com
Website: https://albersascent.com
