Surf Sites LLC
Terms of Service & Refund Policy
Effective Date: April 28, 2026 · New Jersey, United States
1. Terms of Service
1.1 Overview of Services
Surf Sites LLC provides managed digital marketing and web services on a subscription basis. Services may include, but are not limited to:
- Website design, development, and hosting
- Search engine optimization (SEO) and local visibility services
- Blog and content creation
- Email newsletters and marketing automation
- Customer follow-up systems, including cookies and tracking tools
- AI chatbot implementation and management
- Google Business Profile optimization
- Branding and identity services
- Conversion rate optimization
- Monthly reporting and analytics
- Ongoing support and consultation
The specific mix of services delivered to each client is determined during onboarding and may be adjusted by mutual written agreement. Surf Sites LLC reserves the right to modify service offerings with 30 days' prior written notice.
1.2 Subscription Terms & Billing
- Monthly retainer fee: $500 USD
- Minimum commitment: 3 months (the "Minimum Term")
- After the Minimum Term, services continue on a month-to-month basis until cancelled in accordance with Section 1.10
- Billing is recurring and processed on the same calendar date each month via Stripe or another authorized payment provider
- Invoices are deemed accepted if not disputed within 5 business days of issuance
- Accounts more than 7 calendar days past due may be suspended without further notice
- Accounts more than 15 calendar days past due may be terminated and referred for collections; any outstanding balance remains due
1.3 Acceptance of Terms (Clickwrap Agreement)
By completing checkout, clicking "I Agree," or by using our services in any capacity, the Client acknowledges and agrees that:
- They have read and understood these Terms in full
- They agree to be legally bound by these Terms
- The individual accepting has authority to bind the business entity, if applicable
Agreement is formed at the point of payment completion or checkbox consent. No physical or electronic signature is required beyond this affirmative action. By agreeing, the Client explicitly acknowledges they are not purchasing a guaranteed result — they are purchasing a managed service effort.
1.4 No Refund Policy
- The first month's retainer is fully earned upon execution of this Agreement or commencement of services, whichever occurs first
- No refunds are issued for partial billing periods, unused service capacity, or dissatisfaction with outcomes
- Subscription fees compensate for ongoing access to proprietary systems, labor, tools, licenses, and infrastructure
- If Surf Sites LLC terminates the engagement for reasons other than Client breach, a prorated refund for unused days in the current billing cycle may be issued at Surf Sites LLC's sole discretion
1.5 Scope of Services & Change Orders
Services delivered are limited to those agreed upon during onboarding or in a subsequent written change order. The following apply:
- Requests outside the agreed scope will be quoted separately and require written approval before work begins
- Verbal approvals do not constitute authorization for out-of-scope work
- Surf Sites LLC reserves the right to decline out-of-scope requests that conflict with capacity, resources, or strategy
- Ongoing strategy may be adjusted by Surf Sites LLC within the agreed service scope without requiring a change order
1.6 Client Responsibilities
The Client agrees to:
- Provide accurate, complete, and up-to-date business information
- Supply necessary access credentials (website, domain registrar, ad accounts, social profiles, etc.) within 5 business days of onboarding
- Respond to requests for approval, content, or materials within 5 business days
- Maintain ownership and control of any third-party accounts (Google, Meta, etc.) — Surf Sites LLC will operate as an authorized manager, not an account owner
Delays caused by the Client's failure to respond or provide required materials may impact timelines and deliverable quality. Surf Sites LLC is not liable for performance shortfalls resulting from Client delays.
1.7 Performance Disclaimer & No Warranty
Surf Sites LLC expressly disclaims any guarantee, representation, or warranty of:
- Revenue increases, business growth, or return on investment of any kind
- Specific search engine rankings, keyword positions, or organic traffic volumes
- Lead volume, inquiry rates, conversion rates, or sales outcomes
- Advertising performance, impression share, click-through rates, or cost-per-result metrics
- Website traffic increases or reductions in bounce rate
- Social media follower growth, engagement rates, or reach
- Any particular outcome within any particular timeframe
The Client acknowledges and agrees that: (a) digital marketing results are influenced by factors entirely outside Surf Sites LLC's control including but not limited to search engine algorithm updates, competitor activity, market conditions, seasonal trends, and platform policy changes; (b) no employee, contractor, or representative of Surf Sites LLC has authority to make verbal or written guarantees of specific results; and (c) any projections, estimates, or examples of past performance shared during sales conversations are illustrative only and do not constitute a guarantee or promise of similar results.
THE CLIENT EXPRESSLY WAIVES ANY CLAIM BASED ON FAILURE TO ACHIEVE A SPECIFIC RESULT, RANKING, REVENUE TARGET, OR OUTCOME OF ANY KIND.
1.8 Intellectual Property
- Clients retain ownership of their own brand assets, logos, copy, and business materials provided to Surf Sites LLC
- Surf Sites LLC retains ownership of all proprietary systems, workflows, templates, methodologies, and frameworks developed or used in delivering services
- Custom deliverables (websites, written content, graphics) become Client property only after all outstanding fees have been paid in full
- Upon Client default or termination for non-payment, Surf Sites LLC reserves the right to suspend or disable deliverables until payment is resolved
1.9 Portfolio & Case Study Rights
By using our services, the Client grants Surf Sites LLC a perpetual, royalty-free, worldwide license to:
- Display the Client's name, logo, and branding in our portfolio
- Showcase websites, marketing materials, and deliverables we created
- Present project descriptions and outcomes as case studies
- Share performance results in anonymized or aggregated form
- Use screenshots, visuals, and project highlights across our website, social media, sales materials, and advertising
Surf Sites LLC will not disclose confidential financial data, proprietary product information, or personally identifiable customer data without prior written consent.
1.10 Termination & Cancellation
- The Client may cancel after the 3-month Minimum Term with 30 days' written notice submitted via email to richie@surfsitesnj.com or lukas@surfsitesnj.com
- "Written notice" means an email from the Client's primary contact on file — verbal or phone cancellations are not accepted
- Services remain active and billing continues through the end of the notice period
- Surf Sites LLC may terminate services immediately, without refund, for: (a) non-payment beyond 15 days, (b) abusive or harassing conduct toward staff, (c) use of our services for illegal purposes, or (d) material misrepresentation during onboarding
- Upon termination, Client access to Surf Sites LLC-managed systems will be revoked within 5 business days; the Client is responsible for securing their own account credentials
1.11 Suspension for Non-Payment
The following escalation schedule applies to overdue accounts:
- Day 1–7 overdue: Account in grace period; payment reminder sent
- Day 8–15 overdue: Services suspended; all active campaigns may be paused
- Day 16+ overdue: Services terminated; outstanding balance referred for collection; Client remains liable for all amounts owed
Reactivation after suspension requires payment of all outstanding balances plus a $150 reactivation fee.
1.12 Limitation of Liability
Without limiting the foregoing, Surf Sites LLC is expressly not liable for:
- Loss of revenue, profits, business opportunities, goodwill, or anticipated savings of any kind
- Failure to achieve any marketing result, SEO outcome, or business goal
- Website downtime, data loss, or service interruptions caused by third-party hosting or platform providers
- Changes to search engine or social media platform algorithms that affect visibility or performance
- Actions or inactions of third-party advertising platforms (Google Ads, Meta Ads, etc.)
- Indirect, incidental, special, punitive, or consequential damages of any kind
1.13 Service Delivery & Remedies
Surf Sites LLC commits to providing reasonable efforts to implement strategy, content, or technical work as scoped during onboarding, along with monthly reporting or communication regarding account activity where applicable.
The Client acknowledges that digital marketing is an ongoing, iterative process. Individual tasks, campaigns, or deliverables may take multiple billing cycles to complete and optimize. The absence of a single specific deliverable in any given month does not constitute a failure to deliver services, provided that active work is being performed on the Client's account.
The Client's sole remedy for any perceived service deficiency is to raise a written concern via email within 10 business days of becoming aware of the issue. Surf Sites LLC will review and respond within 10 business days. Failure to raise a concern within this window constitutes acceptance of service delivery for that period. Under no circumstances does a service concern entitle the Client to a refund, chargeback, or early termination without penalty.
1.14 Chargeback & Payment Dispute Policy
The Client agrees that:
- All disputes regarding billing or service delivery must first be submitted in writing to richie@surfsitesnj.com or lukas@surfsitesnj.com and given a minimum of 10 business days for resolution before any external dispute is filed
- Chargebacks initiated without following the written dispute process above constitute a breach of this Agreement and entitle Surf Sites LLC to immediately terminate services, pursue the full outstanding contract value (including remaining Minimum Term balance), and seek recovery of chargeback fees and legal costs
- Surf Sites LLC reserves the right to provide this Agreement, email records, and service documentation to payment processors and banks as evidence in any chargeback dispute
- A successfully reversed chargeback does not constitute a release of the Client's payment obligation — the Client remains liable for the full amount
1.15 Force Majeure
Surf Sites LLC shall not be in breach of this Agreement or liable for any delay or failure to perform services resulting from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, acts of government, internet or infrastructure outages, or third-party platform failures. We will resume services as soon as reasonably practicable.
1.16 Third-Party Services
We may utilize third-party tools, platforms, and services including but not limited to hosting providers, analytics platforms, email services, and automation tools. We are not responsible for their performance, outages, policy changes, or fee increases. Any cost increases from third-party services required to maintain your account may be passed through with 30 days' written notice.
1.17 Governing Law & Dispute Resolution
- This Agreement is governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles
- In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation for at least 30 days
- If negotiation fails, disputes shall be resolved through binding arbitration in Camden County, New Jersey, under the rules of the American Arbitration Association (AAA)
- Class action waiver: Both parties waive the right to participate in a class action lawsuit or class-wide arbitration
- Notwithstanding the above, Surf Sites LLC may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information
1.18 Entire Agreement & Modifications
This document constitutes the entire agreement between the parties and supersedes all prior communications, representations, or agreements. Surf Sites LLC may update these Terms at any time with 14 days' written or email notice. Continued use of services after the notice period constitutes acceptance of the updated Terms.
2. Refund & Cancellation Policy
This section summarizes and reinforces the refund and cancellation terms set forth in Section 1 above:
- All payments are non-refundable once onboarding begins or work has commenced
- A minimum 3-month commitment is required from all Clients
- After the Minimum Term, Clients may cancel with 30 days' written notice via email to richie@surfsitesnj.com or lukas@surfsitesnj.com
- Verbal cancellation requests are not accepted — email notice is required
- No refunds are issued for partial billing periods or unused service capacity
- Services remain active through the end of the final paid billing period
- Accounts reinstated after suspension due to non-payment are subject to a $150 reactivation fee plus all outstanding balances
- If Surf Sites LLC terminates for reasons other than Client breach, a prorated refund for unused days in the current billing cycle may be considered at Surf Sites LLC's sole discretion
3. Acknowledgment
By completing checkout on the Surf Sites LLC payment page and/or using our services in any capacity, the Client confirms they have read, understood, and agreed to all terms in this document. Agreement is formed at the point of payment — no physical or electronic signature is required.
Consent is captured via mandatory checkbox at checkout (Stripe Payment Link). The Client's payment timestamp, IP address, and checkbox confirmation serve as the binding record of acceptance. Surf Sites LLC retains these records and may use them as evidence in any dispute, chargeback, or legal proceeding.
© 2026 Surf Sites LLC. All rights reserved. This agreement is binding upon acceptance of services.
