Sōsuke Media Website Services Terms

These Website Services Terms ("Terms") govern website design, development, website rebuilds, landing pages, hosting, domain management, Website Care, and related website services provided by Sōsuke Media ("Sōsuke Media," "we," "us," or "our") to the customer ("Client," "you," or "your").

By purchasing Website Services, accepting a proposal or checkout containing these Terms, or checking a box indicating acceptance of these Terms, the Client agrees to them.

1. Project Scope

The specific scope, deliverables, pages, features, functionality, price, and other project details are determined by the applicable proposal, estimate, checkout description, invoice, or other written project scope accepted by the Client.

Professional website projects currently start at $799. The starting price generally applies to relatively simple projects such as a scrollable business website or a simple website with approximately 2–3 primary pages or navigation sections.

Larger websites, additional pages, e-commerce, custom integrations, advanced functionality, extensive content creation, or other work may cost more.

If a project-specific written scope conflicts with these Terms regarding the project's price, scope, or deliverables, the project-specific scope controls for those items. These Terms otherwise remain in effect.

Paid advertising management, ongoing SEO campaigns, social-media management, or other ongoing digital-marketing services are not included unless specifically stated in the accepted project scope and may be subject to separate terms.

2. Project Payments

Project fees are due according to the applicable checkout, proposal, invoice, or written payment schedule.

Unless otherwise agreed in writing, Sōsuke Media may require payment before beginning work.

Because website projects involve customized creative and development work and reserved production time, project payments become non-refundable once work has begun, except where required by law or where Sōsuke Media agrees otherwise in writing.

If Sōsuke Media cancels a project without Client breach before completing the work, Sōsuke Media will refund any portion of prepaid fees that Sōsuke Media determines has not been earned through work already performed or resources committed to the project.

Applicable taxes and separately approved third-party expenses may be added where required.

Where checkout offers the option to pay a website project in 2 payments, the first payment is charged at checkout and the remaining equal amount shown at checkout is due 31 days after the first payment. The remaining balance is collected manually by Sōsuke Media unless otherwise agreed in writing; no second website charge is automatically scheduled. Where the Client explicitly accepts it at checkout, the Client authorizes Sōsuke Media to charge the payment method provided at checkout for that disclosed remaining balance when it becomes due. Selecting 2 payments does not guarantee that a saved payment method will be available or reused.

3. Free Website Concepts

Sōsuke Media may offer qualifying prospective Clients a complimentary initial website concept.

Unless otherwise stated in writing, a Free Website Concept consists of one preliminary homepage concept intended to demonstrate a possible visual, structural, messaging, and conversion direction for a future website.

A Free Website Concept:

• does not require the prospect to purchase a website;
• is not a completed website;
• does not include unlimited concepts or revisions;
• does not include development of a complete website;
• is subject to qualification and availability.

Unless Sōsuke Media agrees otherwise in writing, Free Website Concepts and the original design concepts contained in them remain the intellectual property of Sōsuke Media until a paid project is completed and applicable rights are transferred under these Terms.

A prospect may review the concept to decide whether to hire Sōsuke Media, but may not reproduce, publish, commercially use, copy, or provide the concept to another designer or developer for reproduction without Sōsuke Media's written permission.

Any business name, logo, photographs, trademarks, or other Client-owned materials incorporated into a concept remain the property of their respective owner.

4. Client Materials

The Client agrees to provide information and access reasonably necessary to complete the project, which may include:

• business information;
• service descriptions;
• logos;
• photographs;
• contact information;
• branding;
• account access;
• domain information;
• existing website information; and
• other requested materials.

The Client represents that it owns or has permission to use all materials it provides to Sōsuke Media and grants Sōsuke Media permission to use those materials as reasonably necessary to perform the services.

The Client should retain its own copies of important source materials. Sōsuke Media is not intended to serve as the Client's permanent archival storage provider.

5. Website Rebuilds and Existing Websites

When a Client has an existing website, Sōsuke Media may review the existing site and use useful content, branding, photographs, design ideas, structure, or other information as reference for a new website.

Unless specifically agreed in writing, Sōsuke Media does not assume responsibility for repairing, maintaining, troubleshooting, learning, or modifying the Client's existing legacy website system.

This includes, without limitation, existing:

• WordPress installations;
• Wix websites;
• Squarespace websites;
• themes;
• plugins;
• custom code;
• hosting environments;
• content-management systems; or
• other third-party website technology.

Sōsuke Media may instead rebuild the useful portions of an existing website as a clean new website using the tools and platforms Sōsuke Media determines are appropriate for the project.

6. Revisions and Changes

Unless a project scope states otherwise, a standard fixed-price website project includes up to two consolidated revision rounds before launch.

A revision round means a reasonable group of requested changes submitted together after reviewing the current version of the website.

Revisions must remain reasonably within the original project scope.

The following may be treated as additional work:

• substantial redesigns after a design direction has been approved;
• changing the overall project direction;
• additional pages;
• new features or integrations;
• substantial rewriting;
• repeated piecemeal revision requests;
• work outside the agreed scope.

Sōsuke Media will inform the Client before performing additional work that will result in an additional project charge.

7. Client Delays and Inactive Projects

Project timing depends partly on Client communication, materials, approvals, and feedback.

Delays by the Client may extend estimated completion dates.

If a Client does not provide reasonably necessary information, approval, or feedback for 30 days, Sōsuke Media may place the project on hold.

If a project remains substantially inactive because of the Client for 60 days or more, Sōsuke Media may close the project.

Reactivating a closed or substantially delayed project is subject to Sōsuke Media's current availability and may require an additional fee if additional setup, review, redevelopment, or rescheduling is necessary.

Payments already earned or made non-refundable under these Terms are not restored solely because a project was delayed or abandoned by the Client.

8. Client Review and Approval

Before launch, Sōsuke Media will provide the Client a reasonable opportunity to review the website.

The Client is responsible for checking the accuracy of information including:

• business name;
• phone numbers;
• email addresses;
• services;
• pricing;
• service areas;
• photographs;
• business claims;
• licensing information;
• policies; and
• other website content.

Once the Client approves the website for launch, Sōsuke Media may publish it.

Sōsuke Media may correct minor technical errors discovered after launch but is not responsible for inaccurate information that the Client supplied or approved.

9. Website Care

Unless otherwise agreed, ongoing care is offered as Website Care & Hosting at $49/month or Performance Care at $79/month, as selected at checkout. Performance Care includes everything in Website Care plus the additional services described at checkout.

Website Care may include:

• website hosting;
• one standard domain registration or renewal when managed by Sōsuke Media;
• SSL/security certificate management;
• routine technical upkeep;
• general website support; and
• up to 30 minutes of minor website edits per billing month.

Minor edits generally include reasonable changes to existing content such as:

• text;
• contact information;
• photographs;
• existing service information; or
• similar small updates.

The included 30 minutes does not include major redesigns, new pages, substantial new sections, custom integrations, extensive content creation, new applications, or significant new functionality.

Unused monthly editing time does not roll over or accumulate.

Work exceeding the included monthly editing allowance may be quoted separately. Sōsuke Media will obtain approval before performing additional work that will result in an additional fee.

Premium or aftermarket domains, unusually expensive domain renewals, domain redemption charges, brokerage fees, premium software, paid integrations, or other extraordinary third-party costs are not included in the monthly care fee unless specifically agreed.

10. Recurring Billing Authorization

By enrolling in Website Care or another recurring service, the Client authorizes the payment method provided at checkout to be automatically charged the disclosed recurring amount.

Care is billed at the monthly amount for the plan selected at checkout ($49 per month for Website Care & Hosting or $79 per month for Performance Care) until canceled. When care is purchased together with a website project, care is billed as a separate recurring charge from the website payment, even if the payment method is entered only once, and continues independently of the website project payments.

The recurring charge continues until cancellation becomes effective under these Terms.

The Client is responsible for keeping its payment information current.

11. Cancellation of Website Care

Website Care may be canceled at any time by sending a clear written cancellation request to andrew@sosukemedia.com.

The cancellation request should identify the Client or business account and clearly request cancellation of Website Care.

For account security, Sōsuke Media may reasonably verify a cancellation request if it is received from an email address not associated with the Client's account.

Cancellation becomes effective at the end of the Client's then-current paid billing period.

No additional monthly Website Care charges will be intentionally processed after cancellation becomes effective.

Monthly fees already charged for the current billing period are not prorated or refunded solely because the Client cancels before the end of that billing period.

To avoid the next recurring charge, the cancellation request must be received before that charge is processed.

Sōsuke Media will reasonably confirm cancellation by email.

12. Failed and Overdue Payments

If a payment fails, Sōsuke Media or its payment processor may retry the payment and contact the Client regarding the unpaid balance.

If an account remains unpaid, Sōsuke Media may suspend:

• hosting;
• Website Care;
• editing;
• support;
• domain-management services; or
• other services associated with the unpaid account.

Sōsuke Media will generally provide reasonable notice and an opportunity to bring the account current before permanently deleting website data under Sōsuke Media's control, except where immediate suspension is reasonably necessary for security, fraud, legal, or similar concerns.

A chargeback or payment dispute does not cancel a valid debt for services properly authorized and provided.

The Client remains responsible for undisputed amounts properly owed under the applicable agreement.

13. Domain Names

When Sōsuke Media purchases or manages a standard domain for a Client, the domain may be held within an account controlled by Sōsuke Media for administrative convenience.

Provided the Client's account is paid in full, the Client may request transfer of the Client's domain to the Client or another provider.

Sōsuke Media will reasonably cooperate with the transfer.

Transfers remain subject to:

• registrar rules;
• ICANN or registry requirements;
• security verification;
• transfer locks;
• waiting periods;
• expiration status; and
• applicable third-party fees.

Premium domains, aftermarket purchases, brokerage fees, redemption fees, unusually expensive registrations, and similar extraordinary domain expenses may be charged separately with Client approval.

After a domain is transferred away from Sōsuke Media, the Client assumes responsibility for future domain renewal, security, configuration, and management.

14. Hosting Cancellation, Website Transfer, and Data Retention

When Website Care ends, Sōsuke Media is no longer obligated to continue hosting or maintaining the website after the end of the paid billing period.

Upon request and provided the account is paid in full, Sōsuke Media will reasonably cooperate in transferring:

• Client-owned content;
• Client-owned domain names; and
• website assets that are reasonably transferable.

A Sōsuke website may rely on hosting infrastructure, development platforms, libraries, software, integrations, or other technology that cannot be transferred to another provider in identical form.

Sōsuke Media therefore does not guarantee that the website can be exported to, or will function identically on, every third-party platform.

Migration, rebuilding, configuration, troubleshooting, or adaptation of the website for another provider is not included in ordinary cancellation and may be quoted separately.

The Client should request any desired transfer before or promptly after cancellation.

Sōsuke Media may permanently delete website files, backups, and other account data 30 days after hosting or Website Care ends, and has no obligation to retain those materials afterward.

15. Ownership of Completed Work

After full payment of the applicable website-development fees, the Client owns the custom final website content and custom design work created specifically for that Client, except for the Sōsuke Media materials and third-party materials described below.

Ownership does not include direct administrative access while Sōsuke Media hosts and manages the website. Sōsuke Media maintains and controls the hosting environment, deployment, and site editing, and does not ordinarily issue Client logins to those systems. Clients request changes by email or through their normal point of contact, and Sōsuke Media implements them. This is a management arrangement, not a restriction on ownership: on request, Sōsuke Media will reasonably cooperate in transferring the Client's domain, Client-owned content, and website assets or code that are reasonably transferable, as described in the cancellation and transfer terms above.

Client ownership does not include ownership of:

• third-party software;
• third-party templates;
• fonts;
• stock assets;
• licensed materials;
• hosting platforms;
• external libraries;
• APIs;
• third-party services; or
• other materials Sōsuke Media does not have the right to transfer.

Those items remain subject to their applicable licenses and terms.

16. Sōsuke Media Tools and Reusable Intellectual Property

Sōsuke Media retains ownership of its pre-existing and reusable materials, including:

• methods;
• systems;
• processes;
• know-how;
• frameworks;
• reusable code;
• reusable components;
• templates;
• libraries;
• development techniques;
• design systems;
• workflows; and
• other tools or intellectual property not created exclusively for the Client.

Nothing in these Terms prevents Sōsuke Media from using general ideas, techniques, components, knowledge, or skills developed or used while performing a project for other projects.

The Client receives the rights reasonably necessary to use the final paid website as intended.

17. Portfolio and Marketing Rights

Unless Sōsuke Media agrees otherwise in writing before the project begins, the Client grants Sōsuke Media a perpetual, non-exclusive, worldwide, royalty-free right to display and reference the completed public project for Sōsuke Media's legitimate portfolio and marketing purposes.

This may include use of:

• screenshots;
• website video recordings;
• the Client's business name;
• publicly displayed logo or branding;
• project descriptions;
• links to the website; and
• publicly visible portions of the completed work.

Sōsuke Media may use these materials on:

• its website;
• portfolio;
• social media;
• sales presentations;
• proposals;
• advertisements;
• case studies; and
• other reasonable promotional materials.

This permission does not authorize Sōsuke Media to disclose confidential Client information that is not publicly available.

A Client requiring confidentiality should request and obtain a written confidentiality agreement before the project begins.

18. Third-Party Services

Websites may rely on third-party providers, including:

• hosting providers;
• domain registrars;
• analytics platforms;
• form providers;
• email services;
• scheduling systems;
• payment processors;
• APIs;
• software libraries;
• advertising platforms; and
• other technology vendors.

Sōsuke Media is not responsible for outages, service changes, suspensions, price changes, security incidents, policy changes, API changes, or failures caused by third-party providers outside Sōsuke Media's reasonable control.

If a requested feature requires an additional third-party fee, Sōsuke Media will disclose the fee before intentionally purchasing the service on the Client's behalf.

19. Legal, Regulatory, and Accessibility Requirements

Sōsuke Media provides website and marketing services and does not provide legal, tax, accounting, or regulatory advice.

Unless specifically included in a written project scope, Sōsuke Media does not guarantee that a website satisfies every law, regulation, industry rule, or accessibility standard applicable to the Client.

The Client is responsible for determining its own legal and regulatory obligations, including requirements relating to matters such as:

• privacy policies;
• cookie notices;
• terms and conditions;
• accessibility;
• ADA or WCAG requirements;
• HIPAA;
• PCI requirements;
• licensing disclosures;
• industry advertising regulations;
• consumer disclosures; and
• other rules applicable to the Client's business.

Sōsuke Media may implement requested compliance-related features when specifically agreed, but implementation does not constitute legal advice or a legal compliance guarantee.

20. Forms, Leads, Analytics, and Client Data

Sōsuke Media may configure website forms, analytics, scheduling systems, CRM connections, or other tools that collect or transmit information.

The Client is responsible for how it uses, stores, contacts, processes, and protects leads, customers, and other data collected through its website after that information is delivered to the Client or the Client's chosen systems.

The Client is also responsible for obtaining any notices, permissions, or consents legally required for its specific use of collected information.

21. Search Engines, Leads, and Business Results

Sōsuke Media does not guarantee any particular:

• Google ranking;
• search-engine position;
• amount of website traffic;
• number of leads;
• number of calls;
• number of customers;
• sales amount;
• conversion rate;
• advertising return; or
• other business result.

Search engines, advertising platforms, competitors, markets, customer behavior, algorithms, and other factors are outside Sōsuke Media's control.

Any SEO, conversion, or marketing work is intended to improve the Client's opportunity for results, not guarantee a particular outcome.

22. Client Responsibility and Indemnification

The Client is responsible for the accuracy, legality, and truthfulness of materials, claims, instructions, products, services, promotions, photographs, and other information the Client supplies or instructs Sōsuke Media to publish.

The Client agrees not to provide materials that knowingly infringe another party's copyright, trademark, privacy, publicity, or other rights.

To the extent permitted by law, the Client agrees to defend, indemnify, and hold harmless Sōsuke Media and its owners, employees, contractors, and agents from third-party claims, damages, liabilities, expenses, and reasonable legal costs arising from:

• Client-supplied materials;
• Client business practices;
• Client products or services;
• Client instructions;
• false or unlawful Client claims;
• Client infringement of third-party rights; or
• the Client's unlawful use of the completed website,

except to the extent a claim results directly from Sōsuke Media's gross negligence or willful misconduct.

23. Security, Availability, and Warranty Disclaimer

Sōsuke Media will use commercially reasonable efforts to provide reliable website services.

However, no website or technology system can be guaranteed to operate without interruption, errors, vulnerabilities, incompatibilities, or data loss.

To the maximum extent permitted by law, Sōsuke Media does not guarantee:

• uninterrupted uptime;
• absolute security;
• permanent compatibility with future browsers or devices;
• permanent compatibility with third-party platforms;
• zero data loss;
• uninterrupted third-party integrations; or
• error-free operation.

Except for obligations expressly stated in writing, services are provided without additional warranties to the maximum extent permitted by law.

24. Limitation of Liability

To the maximum extent permitted by applicable law, Sōsuke Media will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:

• lost profits;
• lost revenue;
• lost business;
• lost leads;
• lost data;
• business interruption; or
• reputational damages.

To the maximum extent permitted by law, Sōsuke Media's total cumulative liability arising from a particular project or service will not exceed the greater of:

• the website-development fee actually paid to Sōsuke Media for the specific project giving rise to the claim; or
• six months of recurring fees actually paid for the specific recurring service giving rise to the claim.

Nothing in this section limits liability that applicable law does not permit the parties to limit.

25. Suspension or Termination by Sōsuke Media

Sōsuke Media may suspend or terminate services if reasonably necessary because of:

• nonpayment;
• fraud;
• illegal activity;
• security risk;
• abusive or threatening conduct;
• repeated material breach of these Terms;
• repeated refusal to provide information necessary to perform the work; or
• use of Sōsuke Media's services in a manner that could expose Sōsuke Media or its providers to legal or technical risk.

Sōsuke Media will provide reasonable notice where practical.

If Sōsuke Media terminates a prepaid project without Client breach, Sōsuke Media will refund any unearned prepaid amount as described in Section 2.

26. Changes to Recurring Services or Pricing

Sōsuke Media may change the price, included features, or terms of a recurring service by providing at least 30 days' advance notice by email or another reasonable written method.

A price or material service change will not take effect before the date stated in the notice.

The Client may cancel the recurring service before the change becomes effective.

Changes to recurring-service terms do not retroactively alter the scope or price of a completed fixed-price project.

27. Force Majeure

Sōsuke Media is not liable for delay or failure caused by circumstances reasonably beyond its control, including:

• widespread internet or hosting outages;
• natural disasters;
• acts of government;
• war or civil disturbance;
• labor disruptions;
• utility failures;
• major third-party platform failures;
• cyberattacks not caused by Sōsuke Media's intentional misconduct; or
• similar extraordinary events.

Project deadlines will be reasonably extended where such circumstances materially delay performance.

28. Notices

Routine project communications may be made by email, telephone, text message, project-management system, or another mutually used communication method.

Formal Website Care cancellation requests must be sent to andrew@sosukemedia.com.

Legal notices to Sōsuke Media may also be sent to that email unless another notice address is specifically provided in writing.

29. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

To the extent legally permitted, any lawsuit arising from these Terms or the services shall be brought in an appropriate state or federal court located in New Jersey, with venue in Monmouth County, New Jersey where legally permitted.

30. Entire Agreement; Severability; Waiver

These Terms together with the applicable accepted proposal, checkout, invoice, or written project scope constitute the agreement governing the applicable Website Services.

Any modification to a specific project must be agreed to in writing.

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect to the maximum extent permitted by law.

A failure by either party to enforce a provision on one occasion does not waive the right to enforce it later.

The Client may not assign its rights or obligations under an active project without Sōsuke Media's written consent.

Sōsuke Media may assign these Terms in connection with a merger, reorganization, sale of the business, transfer of substantially all relevant assets, or similar business succession.

31. Contact

Questions about these Terms or Website Services may be directed to:

Sōsuke Media

Email: andrew@sosukemedia.com

Website: sosukemedia.com

32. SMS / Text Messaging Terms

When you provide your mobile phone number through our website forms, checkout, scheduling system, or other sign-up methods, you agree that Sōsuke Media may contact you by SMS (text message) regarding your inquiry, project, appointments, or related service updates. Marketing or promotional text messages are only sent where you have expressly opted in.

• Message frequency varies.
• Message and data rates may apply.
• You can opt out at any time by replying STOP to any message.
• Reply HELP for help, or email andrew@sosukemedia.com.
• Carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Your mobile phone number and SMS opt-in consent data will not be sold, rented, or shared with any third party for their own marketing use. See our Privacy Policy for details.

Acceptance

By completing a purchase, accepting a proposal that incorporates these Terms, or checking the box indicating acceptance of these Terms, the Client acknowledges that the Client has read, understood, and agreed to these Website Services Terms.

When Website Care is selected, the Client also expressly authorizes the recurring monthly charge for the selected care plan ($49 or $79 per month) until canceled in accordance with these Terms.