Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of elitenextgen.com (the "Site") and any marketing, advertising, design, or related services provided by Elite NextGen LLC ("Elite NextGen," "we," "us"). By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
Services & proposals
Specific services, deliverables, timelines, and pricing are defined in a separate written proposal or statement of work ("SOW") signed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW governs for that engagement. Retainer scopes described on our Pricing page are illustrative starting points; final scope and pricing are confirmed in your SOW following a discovery audit.
Fees, ad spend & payment
- Monthly retainers are invoiced in advance and due within 15 days of invoice date unless otherwise agreed in your SOW.
- One-time projects are invoiced according to the milestone schedule in your SOW, typically 50% at project start and the balance at delivery.
- Advertising spend is managed either directly through your own ad platform accounts (billed by the platform to you) or, where agreed, advanced by Elite NextGen and reimbursed at cost with no markup.
- Late payments may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, and may result in pause of services.
- All fees are exclusive of applicable taxes, which are the client's responsibility unless stated otherwise.
Term, renewal & cancellation
Retainer engagements run for the minimum term stated in your SOW (typically six months) and automatically renew on a month-to-month basis thereafter unless either party provides 30 days' written notice of cancellation. Cancellation during the minimum term is governed by our Refund & Cancellation Policy. Project-based engagements conclude upon delivery and acceptance of the agreed deliverables.
Intellectual property
Upon full payment, clients own the final deliverables created specifically for them under an SOW, including finished creative assets, website code built for the client, and campaign accounts set up in the client's name. Elite NextGen retains ownership of its pre-existing tools, frameworks, templates, and proprietary methodologies used to deliver the work, and grants clients a non-exclusive license to use them solely in connection with the delivered services. We may reference completed work (excluding confidential data) in our portfolio and marketing materials unless you opt out in writing.
Confidentiality
Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not to disclose it to third parties except as necessary to perform the services or as required by law. This obligation survives termination of the engagement.
Disclaimers & performance
Elite NextGen will perform services in a professional and workmanlike manner consistent with industry standards. Marketing results depend on factors outside our control, including market conditions, competitor activity, platform algorithm changes, and client-provided assets and approvals. Except as expressly stated in an SOW, we make no guarantee of specific rankings, traffic, leads, sales, or revenue outcomes, and the Site and services are provided "as is" without warranties of any kind, express or implied, except as required by applicable law.
Limitation of liability
To the maximum extent permitted by law, Elite NextGen's total liability arising out of or related to an engagement will not exceed the total fees paid by the client to Elite NextGen for the services giving rise to the claim in the three months preceding the claim. Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages.
Indemnification
Each party agrees to indemnify and hold the other harmless from third-party claims arising from its breach of these Terms, its gross negligence or willful misconduct, or, in the client's case, from content, products, or claims about the client's business that the client provided for use in marketing materials.
Website use & conduct
You agree not to misuse the Site, including attempting to gain unauthorized access to our systems, scraping content without permission, transmitting malicious code, or using the Site for any unlawful purpose. All content on the Site, including text, graphics, and design, is owned by Elite NextGen or its licensors and may not be reproduced without written permission.
Governing law & disputes
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any dispute arising out of these Terms or our services will first be addressed through good-faith negotiation and, if unresolved, submitted to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado.
General provisions
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with any signed SOW, constitute the entire agreement between the parties regarding their subject matter. We may update these Terms from time to time; continued use of the Site after changes constitutes acceptance. Questions can be directed to info@elitenextgen.com.