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New Gear Media Agreement
This Agreement governs the professional website design, development, hosting, and support services (“Services”) provided by New Gear Media (“Provider”) to Client. By signing this Agreement, Client acknowledges and agrees to the terms contained herein. All obligations, deliverables, timelines, payment terms, and remedies are defined contractually below.
Subscription Term & Automatic Renewal
The initial term of this Agreement is twenty-four (24) months (the “Initial Term”), during which the Client is paying for the website in monthly installments. When the Initial Term ends, the website is fully paid, and the Client may take the website and host it independently if desired. Unless the Client cancels, the Services will automatically continue after the Initial Term on a month-to-month basis at a discounted rate of $150 per month for ongoing website hosting, maintenance, updates, and support.
Client acknowledges and agrees that:
(a) The Initial Term is a 24-month website payment plan.
(b) After the Initial Term, Services automatically renew month-to-month at $150 unless cancelled.
(c) The payment method on file will be charged automatically each month.
(d) The Client may cancel at any time after the Initial Term by emailing [email protected] or through the client portal.
Renewal Reminder Notice
Provider will send the Client a renewal reminder 30 days before the end of the Initial Term, advising of the upcoming renewal and how to cancel.
Client Responsibilities
Client agrees to:
New Gear Media Responsibilities
New Gear Media agrees to:
Provider’s obligations are limited to the services expressly described in this Agreement. Provider is not responsible for any delays resulting from Client’s failure to timely provide information, feedback, or approvals.
License During the Initial Term
Until the website payment plan is fully paid, New Gear Media grants Client a limited, non-exclusive, non-transferable license to access and use the website (“Website Deliverables”) solely for Client’s business operations. During this period, the Website Deliverables will be hosted on New Gear Media’ servers.
Assignment Upon Final Payment
Upon full payment of all amounts owed under the 24-month website payment plan, New Gear Media will assign to Client all rights, title, and interest in the Website Deliverables that New Gear Media has the legal right to assign, including custom design elements and the unique layout created for Client.
Excluded Intellectual Property
Client acknowledges that the following are not transferred upon assignment and remain the property of their respective owners:
Client receives a perpetual license to use any licensed items included in their site as permitted by the original licensor.
Client-Provided Content & Copyright Responsibility
All text, images, videos, graphics, and other materials provided or made accessible by Client (“Client Content”) remain the sole property and responsibility of the Client. Client represents and warrants that all Client Content, whether provided directly to New Gear Media or obtained from Client’s existing website, social media accounts, marketing materials, or other online sources, is owned by Client or properly licensed for use, and does not infringe upon any copyright, trademark, privacy rights, or other third-party rights.
Client understands and agrees that:
No Ownership Liability
Nothing in this Agreement shall be construed to deem New Gear Media the “owner” or “publisher” of the Client’s business content, data, or website compliance obligations (including ADA compliance, privacy compliance, or industry-specific regulations). Client remains solely responsible for the legality and compliance of all content appearing on the website.
Rights to Reuse Design Elements
New Gear Media retains the right to reuse design elements, structures, layouts, and general creative concepts in other projects.
Site Access
New Gear Media provides Client with administrative access to the website during the subscription term. Client may grant access to third-party vendors at their discretion.
Client acknowledges and agrees that:
Hosting Requirement During Payment Plan
During the 24-month payment plan, the website must remain hosted on New Gear Media’ servers. After the Initial Term and upon full payment, Client may transfer the site to another hosting provider.
Security and Access Credentials
Client agrees to maintain secure passwords and limit administrative access only to trusted parties. New Gear Media is not liable for breaches caused by insecure or shared Client credentials.
Displaying Our Work
Client grants New Gear Media a perpetual, worldwide, royalty-free license to display, reproduce, and reference the design, layout, and non-confidential portions of the completed project for portfolio, marketing, and promotional purposes. This includes screenshots, mockups, work-in-progress designs, and the live website. If Client operates in an industry requiring confidentiality (e.g., legal, medical, government), Client must notify New Gear Media in writing so that portfolio display restrictions can be accommodated.
Design Credit
New Gear Media may display a small, unobtrusive design credit (“Web Design by New Gear Media”) or any similar reference, in the website footer.
Estimated Development Time
Standard website development typically takes four to six (4–6) weeks from the date New Gear Media receives the completed onboarding form, and all required content and media.
Add-Ons and Custom Work
Additional pages, content writing, or add-on services may extend the timeline by up to 2 business days per item.
Custom website builds typically extend the timeline by approximately three (3) additional weeks.
Client Delays
Delays caused by late materials, late approvals, scope changes, or lack of communication may extend the timeline. New Gear Media is not responsible for delays caused by Client inaction.
Timeline Is an Estimate
All timelines are good-faith estimates only and are not guaranteed deadlines unless expressly agreed to in writing.
Included Features
The website build includes:
Template-based sites include content, color, font, and media adjustments, but do not include design changes. Custom design upgrades include limited revision rounds as described in the “Revisions” section.
Template Revisions
Template sites do not include layout or design revisions. Clients may request changes to: text, colors, fonts, images or videos.
Custom Design Revisions
Clients purchasing a custom design upgrade receive:
Additional Revisions
Revision requests beyond what is included will be quoted separately based on scope and complexity.
Monthly Maintenance – Included Services
For the first 24 months, Client receives monthly maintenance at no additional cost, including:
After 24 months, continued maintenance is available at $150/month under the automatic renewal terms previously outlined.
Tech Support
Support requests may be submitted through the Client Portal or at 180sites.com/update/. New Gear Media will respond within up to two (2) business days. Technical support is included at no additional cost and covers site functionality, stability, and update issues.
Non-Exclusivity of Template Designs
Client acknowledges that all template-based website designs provided by New Gear Media are non-exclusive. New Gear Media may license, reuse, or adapt the same or similar template designs, layouts, structures, or components for other clients, including competitors in the same geographic area or industry. No exclusivity, territory protection, or uniqueness is promised or implied for template designs. Upon request, New Gear Media may inform Client if another business in their area is using the same template; however, New Gear Media is under no obligation to guarantee or monitor exclusivity. If Client desires a unique or exclusive design, Client must purchase a custom site upgrade.
Scope of Work
The Services included in Client’s selected package (Starter, Deluxe, or Premium) as seen on 180sites.com/pricing/, constitute the full and complete scope of work under this Agreement. Any additional services, including but not limited to additional pages, features, integrations, custom design work, advanced functionality, or content writing, not expressly included in the purchased package, shall require a separate quote and payment. Client acknowledges that any changes to the agreed-upon scope or any requests made after initial approval milestones may extend the project timeline.
Client Requirements
Client must complete the onboarding form and provide all required content, images, videos, credentials, and information necessary for New Gear Media to begin development. All content must be submitted in full and in the formats requested. New Gear Media will not begin work until all required onboarding materials have been received. Client acknowledges that failure to provide timely information, content, approvals, or feedback will delay the project. Any such delay caused by Client shall extend the project timeline and shall not constitute grounds for cancellation, refund, or dispute.
Content Writing Services
If Client purchases content writing services, New Gear Media will produce content for the agreed-upon pages based on the information provided by Client. Any special requirements, technical instructions, or compliance considerations must be disclosed before writing begins. Revisions are limited to edits addressing accuracy, clarity, or previously discussed requirements.
Client-Provided Content
If Client does not purchase New Gear Media’ Content Writing Services, Client is solely responsible for drafting and supplying all written content to be used on the Website (“Client Content”). New Gear Media will provide Client with access to the staging website and/or a content wireframe identifying the sections and pages for which Client Content is required. Client shall provide all required Client Content for the entire Website in a single, consolidated document (for example, a Google Doc) and shall deliver a shareable link to that document to the assigned project manager. Client agrees that all submitted content will be reasonably consistent with the design structure, layout, and wireframe provided by New Gear Media.
Launching the Website
New Gear Media endeavors to launch Client’s website as soon as it is substantially complete. “Substantial completion” means the website is functional, publicly viewable, and includes all core structural elements, even if certain content, images, or secondary pages are pending. If at least the home page content has been completed, New Gear Media may launch the website to ensure it begins serving Client’s business. Any remaining edits, pages, or content will be completed after launch as part of ongoing development or maintenance. Client delays caused by failure to provide content or feedback do not obligate New Gear Media to delay launch.
Primary Communication Channel
Email is the primary and official method of communication for project updates and support.
Designated Contact
Client must designate one (1) contact person for project-related communication to ensure clarity and prevent conflicting direction.
Phone Calls
Phone calls are available by scheduled appointment at 180sites.com/client-call/ for matters that require a live discussion.
Communication Delays
Delays or breakdowns in communication may extend timelines. New Gear Media is not responsible for timeline impacts caused by Client communication delays.
Payment Schedule
Client authorizes New Gear Media to charge the payment method on file for the monthly subscription amount agreed upon at checkout for the duration of the twenty-four (24) month website payment plan (“Initial Term”). All payments are due automatically each month and are non-refundable except as expressly stated in this Agreement. Upon completion of the Initial Term, billing will automatically transition to the discounted month-to-month Website Management Plan at $150 per month, which includes continued hosting, maintenance, updates, and support, unless Client cancels in accordance with this Agreement. Client is responsible for maintaining accurate billing information at all times.
Early Termination of Contract
Client may terminate this Agreement prior to completion of the Initial Term. Because New Gear Media provides significant up-front labor, development, and onboarding costs that are amortized over the 24-month payment plan, the parties agree that early termination would result in substantial loss that would be difficult to calculate. Therefore, the parties agree that the following constitutes a valid liquidated damages provision.
(a) Early Termination Without Taking the Website
If Client terminates before the Initial Term is completed and does not wish to receive the website files, Client shall pay liquidated damages equal to fifty percent (50%) of the remaining balance of the Initial Term. Upon payment of this amount, the website and all related Services will be deactivated, and this Agreement will be terminated. This results in a 50% reduction of the amount owed of the Initial Term, if Client wishes to cancel their agreement.
(b) Early Termination With Transfer of Website
If Client terminates early and wishes to take possession of the website, Client must pay the full remaining balance of the Initial Term. Upon receipt of payment, New Gear Media will package and deliver the website files.
(c) Triggering Events
These amounts constitute the parties’ reasonable estimate of actual losses and are not a penalty.
Late Payments
If a monthly payment fails, New Gear Media will notify Client and request an updated payment method. If payment is not received within 30 days, the website may be temporarily suspended. A $50 reactivation fee will apply once all past-due amounts are paid.
Delinquent and Defaulted Payments
If any payment becomes more than 30 days past due, the website will be suspended until the account is brought current.
If any payment becomes 90 days past due, the account will be deemed in default. Upon default, Client must either:
(a) pay the 50% liquidated damages on the remaining balance, or
(b) pay the full remaining balance in order to receive a copy of the website files.
Post-Term Options After Completion of the 24-Month Payment Plan
Upon completion of the twenty-four (24) month Initial Term and full payment of all amounts owed, Client’s website is considered fully paid, and Client may choose how to proceed with hosting and ongoing management.
Option 1 – Continue With New Gear Media (Default)
Unless Client cancels before the renewal date, Services will automatically continue on a month-to-month basis at the discounted rate of $150 per month for hosting, maintenance, updates, security, backups, and support. Client may cancel this ongoing service at any time with no additional obligations.
Option 2 – Cancel and Self-Host
Client may cancel Services at or after the completion of the Initial Term. Upon cancellation and confirmation that all outstanding payments (if any) are satisfied, New Gear Media will provide a packaged copy of the website files for Client to host, manage, and maintain independently. After cancellation and delivery of the website files, New Gear Media will have no further obligation to provide hosting, maintenance, updates, support, or technical assistance.
30-Day Money-Back Guarantee
Client’s website subscription purchase is covered by a 30-day money-back guarantee, beginning on the date Client accepts this Agreement (“Guarantee Period”). During the Guarantee Period, Client may cancel the website subscription for any reason and receive a full refund for Client’s first subscription payment made. After the Guarantee Period expires, all payments become non-refundable, and the subscription is locked into the Initial Term unless terminated under the Early Termination provision of this Agreement. This money-back guarantee applies only to the website subscription itself. It does not apply to:
All such add-on services are final, non-refundable, and outside the scope of the Guarantee Period.
Fair Use For SMS and CRM Automations
Certain features included with the Services, such as email notifications, SMS notifications, and CRM automation, are provided as a benefit and are subject to reasonable and fair use (“Fair Use”). Fair Use is defined as up to 300 SMS messages per month and 300 CRM automation runs per month. If Client’s usage materially exceeds these thresholds, or otherwise imposes resource demands beyond what is reasonably expected for a standard small-business website, Client acknowledges that such usage constitutes enterprise-level consumption. In such cases, New Gear Media may:
Marketing
Client acknowledges and agrees that New Gear Media does not guarantee any level of online traffic, lead generation, sales, rankings, or business performance as a result of the website or related services. Client understands that a website, by itself, does not create visibility or generate leads without separate and ongoing marketing efforts performed by Client or a third-party provider. Client is solely responsible for all marketing activities intended to drive traffic to the website, which may include but are not limited to: online advertising (e.g., Google Ads, Facebook Ads), search engine optimization, Google Business Profile management, social media engagement, print materials, direct mail, signage, radio, or television campaigns. Upon request, New Gear Media may provide general recommendations or refer Client to third-party marketing vendors; however, such recommendations are provided as a courtesy only and do not constitute professional marketing advice, warranties, or guarantees of results. New Gear Media is not responsible for the performance, conduct, or outcomes of any third-party marketing provider.
Privacy Policies and Terms & Conditions
Client is solely responsible for preparing, maintaining, and updating all privacy policies, terms and conditions, disclaimers, and any legally required notices applicable to Client’s business, including but not limited to those required under federal, state, and local laws (including the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA), if applicable). New Gear Media does not provide legal advice and does not draft or supply legal policies for Client. Upon Client’s request, New Gear Media may place Client-provided policies on the website as a courtesy. Client must supply all required policies in writing to [email protected], and Client is solely responsible for ensuring the accuracy, completeness, legality, and compliance of such policies.
Client acknowledges and agrees that:
Disclaimer of Warranties; Limitation of Liability
New Gear Media will perform the Services in a professional manner and in accordance with generally accepted industry standards. However, Client understands and agrees that all websites and digital services may contain non-material errors or require ongoing adjustments, and no website can be guaranteed to be error-free or uninterrupted. Except as expressly stated in this Agreement, New Gear Media makes no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted under California law:
Nothing in this Agreement shall limit liability for:
Client acknowledges that these limitations form an essential basis of the bargain between the parties.
Governing Law
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.
Mandatory Arbitration.
Except for claims qualifying for small-claims court, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any interactions between the parties shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Rules.
Arbitration Venue
Arbitration shall take place in Riverside County, California, unless both parties agree otherwise.
Waiver of Jury Trial and Class Actions
Both parties waive any right to a jury trial and agree that all disputes shall be brought only in an individual capacity. Class actions, class arbitrations, and representative claims are expressly waived.
Small-Claims Court Exception
Either party may bring an eligible claim in small-claims court in Riverside County, California.
Attorney’s Fees
In any arbitration, small-claims action, or enforcement proceeding arising out of this Agreement, the prevailing party is entitled to recover its reasonable attorney’s fees and costs, to the extent permitted by law.
Indemnity
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any portion of the arbitration clause is deemed invalid, the parties agree to negotiate in good faith to revise the clause to reflect their original intent to arbitrate disputes.
Client Acknowledgment; Electronic Signature Consent
By signing this Agreement (including electronic acceptance), Client acknowledges, understands, and agrees to:
