Phoenix Afterglow about

TERMS & CONDITIONS

Effective Date: 12.10.24

1. INTRODUCTION

Welcome to Phoenix Afterglow™. These Terms & Conditions govern your use of our website and the professional services we provide, including website design and development, website maintenance, search engine optimization (SEO), consulting, hosting coordination, digital marketing, content creation, technical support, and related services.

By engaging Phoenix Afterglow™, you acknowledge that you have read, understood, and agree to these Terms & Conditions.


2. PROFESSIONAL SERVICES

Phoenix Afterglow™ provides professional digital services based on the scope outlined in a proposal, estimate, agreement, or email communication approved by the client.

Any work requested outside the agreed scope may require additional time, costs, or a separate agreement.


3. CLIENT RESPONSIBILITIES

Client agrees to:

  • • Provide accurate information and requested materials in a timely manner.
  • • Maintain ownership or proper licensing of all content supplied to Phoenix Afterglow™.
  • • Review and approve work within a reasonable timeframe.
  • • Maintain current payment obligations.

Project delays caused by missing content, unavailable contacts, delayed approvals, or other client-related issues may extend project timelines.


4. THIRD-PARTY SERVICES

Many websites rely on third-party platforms, software, plugins, hosting providers, APIs, payment processors, search engines, AI services, domain registrars, social media platforms, email providers, and other external vendors.

Phoenix Afterglow™ does not own or control these third-party services.

Accordingly:

  • • We are not responsible for changes made by third-party vendors.
  • • We cannot override or bypass third-party policies, security requirements, pricing, limitations, feature removals, suspensions, or account restrictions.
  • • Third-party vendors may modify, discontinue, restrict, or replace features without notice.
  • • Compatibility between software, plugins, themes, browsers, operating systems, or services may change over time.
  • • Third-party outages, policy changes, security incidents, API changes, licensing changes, or service interruptions are beyond our control.

If changes made by a third-party vendor require updates, redevelopment, troubleshooting, migration, or additional support, such work will be billed according to our current rates unless otherwise covered by an active service agreement.


5. WEBSITE HOSTING & DOMAINS

Unless specifically stated in a written agreement, Phoenix Afterglow™ is not the hosting provider or domain registrar.

Clients remain responsible for:

  • • hosting accounts
  • • domain registrations
  • • SSL certificates
  • • DNS records
  • • email hosting
  • • third-party subscriptions
  • • account renewals
  • • payment of vendor invoices
  • Failure to maintain these services may result in website or email interruptions for which Phoenix Afterglow™ cannot be held responsible.


    6. WEBSITE MAINTENANCE

    Websites require ongoing maintenance to remain secure and compatible with evolving technology.

    Unless covered by an active maintenance agreement, Phoenix Afterglow™ is under no obligation to provide future updates, repairs, compatibility fixes, or security patches after project completion.


    7. SEARCH ENGINE OPTIMIZATION (SE0)

    SEO is influenced by hundreds of factors outside the control of any agency.

    Phoenix Afterglow™ does not guarantee:

    • • specific keyword rankings
    • • first-page placement
    • • traffic increases
    • • lead generation
    • • sales increases
    • • search engine indexing
    • • search engine algorithm behavior

    Search engines may modify algorithms at any time without notice.


    8. WEBSITE PERFORMANCE

    While we follow industry best practices, Phoenix Afterglow™ cannot guarantee:

    • • uninterrupted uptime
    • • website availability
    • • loading speeds
    • • browser compatibility with unsupported software
    • • protection against every security threat
    • • immunity from hacking attempts
    • • uninterrupted operation of third-party integrations


    9. CONTENT OWNERSHIP

    Upon full payment, clients retain ownership of content they provide and any custom deliverables specifically identified as transferred to the client.

    Phoenix Afterglow™ retains ownership of:

    • • internal development processes
    • • proprietary workflows
    • • intellectual properties
    • • reusable code libraries
    • • templates
    • • design systems
    • • methodologies
    • • tools developed independently of the client's project

    Unless otherwise agreed in writing.


    10. CLIENT MATERIALS & INTELLECTUAL PROPERTY

    Clients warrant that they have the legal right to use all text, images, logos, videos, trademarks, documents, fonts, and other materials supplied to Phoenix Afterglow™.

    Clients agree to indemnify Phoenix Afterglow™ against claims arising from materials they provide.


    11. LIMITATION OF LIABILITY

    To the fullest extent permitted by law, Phoenix Afterglow™ shall not be liable for any indirect, incidental, consequential, special, punitive, or lost-profit damages arising from:

    • • website downtime
    • • data loss
    • • cybersecurity incidents
    • • third-party service failures
    • • search engine ranking changes
    • • software incompatibilities
    • • hosting outages
    • • plugin failures
    • • missed business opportunities

    Our total liability for any claim shall not exceed the amount paid by the client for the specific services giving rise to the claim.


    12. INDEMNIFICATION

    Clients agree to defend, indemnify, and hold harmless Phoenix Afterglow™, its owners, contractors, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from:

    • • client-provided content
    • • misuse of services
    • • violation of applicable laws
    • • infringement of third-party rights


    13a. PAYMENT TERMS

    Invoices are due according to the payment terms listed on each invoice or service agreement.

    Late payments may result in suspension of services until the account is brought current.

    Phoenix Afterglow™ reserves the right to pause work on delinquent accounts.



    13b. THIRD-PARTY ACCOUNTS, BILLING, AND SUBSCRIPTIONS

    Phoenix Afterglow™ may assist clients with the setup, configuration, administration, or management of third-party products and services, including but not limited to, hosting providers, domain registrars, CRM platforms, email services, email marketing services, payment processors, AI platforms, and software subscriptions.

    Unless expressly agreed otherwise in writing, all third-party accounts, subscriptions, renewals, licensing, billing, upgrades, downgrades, cancellations, and refund requests remain the sole responsibility of the client.

    Phoenix Afterglow™ is not responsible for charges incurred through third-party vendors, including recurring subscription fees, automatic renewals, unused licenses, or missed cancellation deadlines. We cannot override, modify, or bypass the billing policies, refund policies, licensing terms, or contractual obligations established by any third-party provider.

    If a client requests assistance after a vendor's refund or cancellation deadline has passed, Phoenix Afterglow™ will make reasonable efforts to assist when possible but does not guarantee refunds, credits, or exceptions to the vendor's policies.


    14a. CONSENT FOR SMS COMMUNICATION

    By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from Phoenix Afterglow™ at the phone number you provide. Information obtained as part of the SMS consent process will not be shared with third parties.


    14b. TYPES OF SMS COMMUNICATIONS

    If you have consented to receive text messages, you may receive SMS communications related to the following:

    • • Customers and Guests: Updates regarding your projects, orders, deliveries, appointments, customer service communications, billing notifications, or other relevant information.
    • • Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.


    14c. STANDARD MESSAGING DISCLOSURES

    • • Message Frequency: Frequency of messages may vary depending on your interactions with us.
    • • Standard messaging rates will be charged by your mobile service provider.
    • • You can opt-out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.


    15. CHANGES TO THESE TERMS

    Phoenix Afterglow™ reserves the right to modify these Terms & Conditions at any time.

    Updated versions become effective upon publication on our website unless otherwise stated.


    16. GOVERNING LAW

    These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.


    16. CONTACT INFORMATION

    For assistance, you can email us at support@phoenixafterglow.com or visit our Privacy Policy.

    Client Sales

    67,502,730

    Images Viewed

    24,655,314

    Servers Uptime

    1,261,447

    Projects Completed

    804,604

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    YOUR JOURNEY AWAITS.