Effective Date:
June 16, 2025
Company Name:
Next Level Web Design LLC
Legal Entity:
A California Limited Liability Company
1. Agreement to Terms
By accessing or using our website, services, products, tools, or digital assets (collectively, the “Services”) provided by
Next Level Web Design LLC
(“Company,” “we,” “us,” or “our”), you (“you,” “your,” “User,” or “Client”) agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Services.
These Terms constitute a legally binding agreement between you and Next Level Web Design LLC.
2. Services Provided
Next Level Web Design LLC offers digital marketing and software-based services (collectively, the “Services”) designed to support businesses in establishing and scaling their online presence.
These Services may include, but are not limited to:
Website design and development (including WordPress and CMS-based sites)
Search Engine Optimization (SEO)Pay-per-click (PPC) advertising strategy and campaign setup
Social media marketing and automation
Email marketing and CRM integrations
Funnel development and lead generation architecture
Brand asset creation and marketing consultation
Hosting and domain guidance
Use of proprietary advertising tools and AI-powered systems
As part of our core offering, you may subscribe to the Next Level Software for a recurring license fee of either $97/month or $997/year, depending on your selected plan.
The primary purpose of the software under this agreement is to enable users to launch and manage advertising campaigns on Meta (Facebook/Instagram) and Google, using our
exclusive ad library and integrated tools. This license includes access to:
Our proprietary ad library and campaign templates
Self-service ad launch functionality within the platform
By subscribing to the software, you acknowledge that you are purchasing a license to use both the Next Level Software and the ad library, and that the effectiveness of your campaigns may depend on external platform factors outside of our control.
Services provided are limited to the scope outlined in your agreement or selected plan. Requests falling outside this scope may require a separate engagement or incur additional fees.
3. Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms regularly.
4. Account Registration and Security
To access certain features of our Services, you may be required to create an account.
You agree to:
Provide accurate, current, and complete information
Maintain the security of your password and account
Notify us immediately of any unauthorized use of your account
Accept full responsibility for all activities that occur under your account
5. Payments and Fees
All fees for Services are due as outlined in your proposal or invoice.
You agree to the following:
Fees are non-refundable unless expressly stated in writing
Recurring billing is automatically processed unless canceled in advance
Late payments may incur a fee of 1.5% per month or the maximum permitted by law
We reserve the right to suspend or terminate services due to nonpayment
Payment methods accepted may include credit card, ACH transfer, PayPal, or other third-party processors. You agree to provide and maintain accurate payment information.
6. Intellectual Property
All content, code, design elements, trademarks, and proprietary information created or provided by us are the property of Next Level Web Design LLC and are protected under U.S. and international intellectual property laws.
Client content, trademarks, and materials provided to us remain your property, and you grant us a limited, non-exclusive, royalty-free license to use such materials solely to provide the Services.
You agree not to:
Reproduce, modify, distribute, or exploit any portion of the Services without express written consent
Reverse engineer or tamper with the software, scripts, or systems used by our Services
You agree to:
Provide necessary access credentials, assets, and materials in a timely manner
Respond to communication and approval requests within agreed timelines
Refrain from uploading malicious code, spam, or illegal content through our platforms
Accept that delays in client responses may impact timelines and deliverables
8. Confidentiality
Both parties agree to maintain the confidentiality of all information marked or reasonably understood to be confidential, including but not limited to business information, marketing strategies, user data, and proprietary systems.
Confidential information shall not include information that is:
Publicly known through no breach of this Agreement
Already known to the receiving party before disclosure
Rightfully received from a third party
9. Third-Party Services and Integrations
We may use third-party tools, APIs, and platforms (e.g., Facebook, Google Ads, Mailchimp, Shopify) to fulfill our Services. You agree to be bound by their terms, and we are not liable for downtime, service disruptions, or breaches caused by these third parties.
9.1 Platform Access and Transaction Processing Fees
As part of our platform integration with third-party advertising channels (e.g., Meta, Google, TikTok, etc.), all ad campaigns are managed and deployed through the
Next Level Software platform. For the convenience and centralized management of these services, a platform access and transaction fee of thirty percent (30%) is automatically applied to all advertising funds processed through the system.
This fee supports ongoing software development, campaign automation, API maintenance, billing gateway fees, and system usage infrastructure. By using the platform to manage ad spend, you expressly authorize this deduction and understand it will be retained by Next Level Web Design LLC as a non-refundable software facilitation fee.
Funds submitted for ad spend through the platform are treated as gross amounts, with the net amount (after this deduction) applied toward your active ad campaigns.
10. Data and Privacy
We collect and use data as outlined in our [Privacy Policy]. By using our Services, you consent to such collection and use. We do not sell your personal data, and we implement commercially reasonable safeguards.
You are responsible for ensuring that your website and marketing comply with applicable laws including GDPR, CAN-SPAM, and CCPA.
11. Warranties and Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties including but not limited to:
Fitness for a particular purpose
Merchantability
Non-infringement
Accuracy or reliability of results
We do not guarantee:
Any specific rankings, traffic increases, or conversion rates
That Services will be uninterrupted, error-free, or virus-free
12. Limitation of Liability
To the maximum extent permitted by law,
Next Level Web Design LLC
shall not be liable for any:
Indirect, incidental, punitive, or consequential damages
Loss of revenue, profits, or data
Business interruption or downtime
Errors in third-party software, platforms, or plugins
In any case, our liability shall not exceed the amount paid to us for Services in the 90 days preceding the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless Next Level Web Design LLC, its owners, employees, agents, and partners from any claims, damages, or losses arising from:
Your breach of these Terms
Your use or misuse of the Services
Your violation of any laws or third-party rights
14. Termination
We may suspend or terminate your access to the Services at our sole discretion, with or without notice, if you:
Violate these Terms
Engage in abusive or fraudulent behavior
Fail to pay as agreed
Upon termination, all licenses granted to you will immediately cease, and any outstanding payments will become due.
15. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
Any disputes shall be resolved through binding arbitration in Redding, California, and judgment on the award may be entered in any court having jurisdiction. Both parties waive the right to a jury trial.
16. Force Majeure
We are not liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, governmental actions, strikes, supply chain disruptions, pandemics, or internet outages.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. No Waiver
Failure to enforce any part of these Terms shall not constitute a waiver of our right to enforce any other provision at any time.
19. Contact Information
If you have questions about these Terms, please contact:
Next Level Web Design LLC
Email: [email protected]
Address: 19277 Sellins View Ct. Redding, CA 96003
Phone: (530) 457-1522
20. Refunds
Next Level Web Design LLC offers a 30-day money-back guarantee solely on the license cost of the Next Level Software. To be eligible, the refund request must be submitted in writing within 30 calendar days of the initial subscription or license activation date. Refunds are processed to the original payment method.
Important Exclusions:
Ad Spend is non-refundable under any circumstances. Funds allocated toward advertising are paid directly to third-party platforms (such as Meta, Google, TikTok, or other ad networks) and may include associated platform processing and service fees.
No partial refunds will be issued for unused features, hours, or services bundled with the software license.
We reserve the right to deny refund requests that fall outside these conditions or appear fraudulent or abusive.
21. Subscription Cancellations
All service plans provided by Next Level Web Design LLC, including software access and digital marketing support, are billed month-to-month and can be cancelled at any time prior to the next billing cycle.
Key Terms of Cancellation:
Cancellations must be submitted in writing or through the designated customer portal at least 3 business days prior to the next billing date to avoid further charges.
Ad Spend Retainers: If you have unused ad spend remaining in your prepaid balance, it will not be refunded. However, we will work with you to deactivate auto-refill and assist in utilizing the remaining ad funds within the Software platform.
We do not guarantee that 100% of the ad spend will be used prior to cancellation, due to factors including ad approval delays, platform pacing limits, or strategy changes.
Any outstanding balances or unpaid invoices must be resolved before full account termination.
22. Use of AI-Generated Content
Next Level Web Design LLC may, at its discretion, utilize artificial intelligence (“AI”) technologies, automation platforms, and machine learning systems to assist in the development of copy, visual assets, website elements, advertisements, and other digital materials as part of the Services provided.
You acknowledge and agree that:
AI-generated content may be partially or wholly produced by proprietary systems or licensed tools, and may be used in the design, planning, or delivery of your marketing materials.
While we strive to ensure accuracy and brand alignment, AI-generated content may occasionally contain factual errors, misinterpretations, or output that requires human review.
You are responsible for reviewing all final deliverables for accuracy, compliance, and fitness for your business use before public distribution.
Next Level Web Design LLC disclaims any liability for inaccuracies, legal implications, or reputational damages arising from reliance on AI-generated content, and reserves the right to edit or replace such content at any time.
23. White-Label Services and Subcontractor Engagement
In fulfilling our Services, Next Level Web Design LLC reserves the right to engage subcontractors, consultants, white-label service providers, and affiliated third parties (“Service Partners”) to deliver some or all portions of the work.
By agreeing to these Terms, you consent to the use of such Service Partners, provided that:
Next Level Web Design LLC remains your primary point of contact and responsible for overall service coordination.
You shall not solicit or contract directly with any Service Partner introduced during the course of engagement without prior written approval.
Intellectual property rights and confidentiality obligations remain fully in effect and shall extend to all Service Partners.
The use of subcontractors or white-label solutions shall not diminish our obligations to you under this agreement, though timelines and deliverables may reflect reasonable coordination periods.
24. Account and Asset Ownership
All accounts, platforms, or digital properties created or accessed in the course of providing Services—including but not limited to ad accounts, analytics properties, landing page platforms, CRM systems, and domain configurations—shall be subject to the following ownership terms:
Client-Owned Accounts: If Services are executed using platforms or accounts that you provide access to, ownership remains with you, and we act solely as your agent for the duration of the engagement.
Platform-Managed or Company-Created Accounts: Any advertising, software, or platform accounts provisioned or hosted under Next Level Web Design LLC's infrastructure may remain the property of the Company unless otherwise specified in writing. Upon termination, we may assist in the transfer of certain assets or data at our discretion, subject to any outstanding balances and applicable licensing terms.
Domain Registration: Unless otherwise specified in writing, all domain names registered through us on your behalf are considered your property and will be released upon request and account closure.
Clients are encouraged to clarify desired asset control and login access prior to onboarding to avoid misunderstandings regarding long-term ownership or control.
These Terms, along with any written agreement or statement of work, constitute the entire agreement between you and
Next Level Web Design LLC, superseding any prior discussions, communications, or agreements.