Momentum Website Terms of Service
This page applies to Momentum Website.
Effective date: September 18, 2026
1. Overview
Momentum Website is a managed website subscription from Next Step Sites LLC, a Texas limited liability company doing business as Next Step Marketing (“Next Step Marketing,” “we,” or “us”). The subscribing business is “Client” or “you.” By accepting a proposal, signing an order form, submitting payment, or continuing to use the service, Client agrees to these terms.
An accepted proposal, invoice, order form, statement of work, or other written agreement (an “Order”) sets additional scope, pricing, billing, and renewal terms. A signed written agreement controls over conflicting terms for that engagement. “Good standing” means no past-due fees, unpaid third-party costs, uncured breach, or unresolved compliance issue.
2. What Momentum Website Is
The subscription includes a managed business website, hosting, security, deployment, forms, tracking preservation, technical upkeep, legal policy tools, accessibility tools, and routine content updates. The Order sets package names, pages, deliverables, launch timelines, and fees. It is not a work-for-hire build, custom development engagement, or website purchase unless separately agreed in writing. Landing, conversion, and campaign destination pages are part of the managed website only if included in the Order; Next Step Marketing does not build or host standalone landing pages or pages on websites it does not manage.
3. Platform and Infrastructure
Next Step Marketing selects and manages its platform and specialized third-party hosting, deployment, content delivery, and security providers on Client’s behalf. It does not own or operate their servers, data centers, or networks; its provider relationships are not Client’s. It may change providers, platforms, frameworks, infrastructure, or implementation without notice if the service in Client’s plan continues. No particular technology or provider is promised.
The service also relies on third-party analytics, forms, scheduling, consent, accessibility, legal policy, payment, and other systems. Next Step Marketing is not responsible for provider-caused outages, suspensions, policy or pricing changes, tracking or API changes, account restrictions, deliverability or data issues, or lost functionality.
4. WordPress Hosting
Next Step Marketing may, at its sole option, agree in writing to host and manage a client-owned WordPress site instead of a Momentum Website. This is not a plan entitlement; it may decline a site or discontinue hosting on reasonable notice, including where it is technically unsuitable, cannot be securely supported, or compromises performance, tracking, or delivery. The service is quoted in Client’s Order and governed by these terms. Client owns its existing site, content, domain, and theme or license assets it provided or purchased. Section 5’s website buyout does not apply to that site, but its ownership and license rules apply to anything Next Step Marketing builds, configures, or licenses for it. Hosting, maintenance, premium infrastructure, policy tools, agency-provided licenses, and agency-managed support last only while Client is in an eligible hosting plan; Section 7 applies to included tools.
5. Ownership, Buyout, and Client Materials
Unless otherwise agreed in writing, Next Step Marketing retains ownership of the underlying codebase, templates, proprietary components, and reusable design assets; the deployment, hosting, and technical infrastructure; and the automations, workflows, and reusable delivery systems used to build and operate Momentum Website.
Client receives a limited, non-exclusive, non-transferable license to use the managed website and any campaign destination pages while enrolled in an eligible active plan and only within the plan scope.
The license ends with the subscription, except for rights transferred through a buyout or separately agreed export or transfer. Client may buy the website, conditioned only on payment of the current buyout balance and other amounts due. A buyout transfers a complete working copy, including the site files, database, and code needed to run it, and rights to operate it, but not to reuse Next Step Marketing’s templates, components, deployment systems, or delivery systems on any other site.
Each website has an original value and a residual value based on its build class:
| Build class | Original value | Residual value |
|---|---|---|
| Standard | $7,500 | $1,500 |
| Enhanced | $11,000 | $2,200 |
| Managed CMS | $15,000 | $3,000 |
The current buyout balance is the original value minus earned monthly buyout credits, but never less than the residual value. Client’s Order identifies the build class. A later service-plan change does not erase earned credits or reduce the original or residual value unless a written amendment says otherwise. An Order may set different values and credits for a custom website. Separately approved expansion work may add stated value without erasing credits already earned.
A monthly credit is earned only after a full scheduled payment settles and remains unrefunded and uncharged-back. Failed, partial, complimentary, refunded, or reversed payments earn no credit. A reversed payment reverses its credit. Prepaid service earns credits month by month as service is delivered. Section 9 states the monthly credits for website plans.
The balance is fixed on the date Client requests the buyout in writing. Next Step Marketing may update the values and credits on 45 days’ notice, and the schedule in effect on the request date applies.
A buyout must be requested no later than 60 days after the service end date. After that, Next Step Marketing has no obligation to retain the site files, and the buyout entitlement ends.
Where the subscription ends because Next Step Marketing terminated for convenience, or because Client terminated for Next Step Marketing’s uncured failure under Section 12, the buyout price is the residual value regardless of credits earned.
These values and credit rules apply to Orders accepted on or after September 18, 2026, and to earlier Orders amended in writing to adopt them. An earlier Order otherwise keeps the buyout schedule accepted with that Order.
Buyout handover. Unless the written buyout agreement says otherwise, the website stays on Next Step Marketing’s hosting and no site files, database, or rights transfer until the buyout and other amounts due are paid in full. On payment, Next Step Marketing will make one complete handover of the site files and database, content export, transferable third-party licenses or keys, and credentials and access Client or its new provider needs to stand the site up elsewhere. Domain and DNS release is governed below.
If buyout is agreed and paid in full at least 10 business days before the service end date, handover will be completed by that date and the website stays live and hosted until then. If paid later, handover will be completed within 10 business days after full payment; the website may already be offline. This single delivery window does not extend billing under Section 12. Next Step Marketing will not withhold, delay, or degrade handover to prevent Client leaving or condition it on anything other than amounts due.
Handover is as-is: it excludes migration, installation, configuration, hosting elsewhere, testing, troubleshooting, rebuilding, redesign, adaptation, content updates, new development, training, and support for Client’s new provider. Client must have or hire the technical capability to receive and operate it. After transfer, Next Step Marketing has no responsibility for the site, including hosting, uptime, updates, security, plugins, integrations, or post-handover failures. Without a completed buyout, the website goes offline when the subscription ends; Client keeps its domain and materials described below.
5.1 Client materials, domains, and email
Client retains its pre-existing logos, trademarks, brand assets, business information, customer data, testimonials, client-provided photos and videos, service details, written materials, domains, Google Business Profile, analytics and advertising accounts, and other pre-existing intellectual property. Client represents that it has the right to provide these materials and permits Next Step Marketing to use them for Client’s website, campaign destination pages, reporting, and marketing materials during the active service term.
Next Step Marketing will not transfer, sell, or pledge a Client-owned domain. Where it holds or manages Client’s domain or DNS, it will unlock the domain, provide the authorization code, and provide a full DNS configuration export within 5 business days of Client’s written request, including in a buyout. This is not conditioned on a buyout, good standing, or any fee dispute, only on Client paying registration costs Next Step Marketing actually advanced for that domain.
Next Step Marketing does not administer Client’s email. It will not modify, remove, or allow the lapse of MX or other non-web DNS records when the site goes offline or service ends. Initial email or DNS setup is separately quoted and does not make Next Step Marketing responsible for operating Client’s email.
5.2 Other exports and third-party licenses
Client may request separately quoted content exports, static website packages, website transfers, transition support, or continued hosting; none is owed unless agreed in writing, and none limits the buyout entitlement above. Exports exclude Next Step Marketing-owned materials unless expressly agreed or delivered through buyout. Client must buy and maintain any separate third-party template, theme, plugin, image, font, software, or other license required for export or continued use, in addition to any export or transition fee. Custom website builds, exported website packages, and ownership transfers other than the buyout above require a separate written agreement.
6. Included Website Updates
Routine website updates are included. These are the ordinary changes a working business site needs, such as phone numbers, hours, photos, testimonials, basic copy adjustments, service area text, staff changes, and seasonal calls to action.
Major new pages, redesigns, rebrands, new brands, custom applications, ecommerce functionality, integrations, custom forms, CRM workflows, SEO content programs, campaign page builds, and significant scope expansions are quoted separately.
Included updates are a service rather than an allowance of hours. Next Step Marketing schedules them in the order received and completes them within a reasonable time. Unused capacity does not accrue, roll over, or convert to cash or credit, and included updates do not entitle Client to unlimited or on-demand work.
7. Included Third-Party Tools
7.1 Accessibility Support Widget
The Accessibility Support Widget is included at no separate charge with Momentum Website and Next Step Marketing-hosted WordPress plans while Client’s plan is active. It may appear as a separate line on Client’s invoice for accounting purposes. That does not make it an optional add-on, a separate service, or separately cancellable.
The Accessibility Support Widget adds a website accessibility toolbar designed to improve usability options for visitors, including display, contrast, navigation, and readability adjustments. It supports accessibility efforts but does not guarantee ADA, WCAG, or legal compliance.
Full accessibility remediation, manual WCAG audits, legal compliance reviews, and code-level accessibility fixes are not included unless separately scoped.
7.2 Legal policy tools and Termageddon
Eligible plans may include access to legal policy tools or website policy packages powered by Termageddon. Termageddon is not a law firm, and its policies, tools, and information are not legal advice. Policy tools are compliance support resources and do not replace advice from a licensed attorney.
Use of the legal policy package is subject to Termageddon’s own terms and to its service remaining available.
Client is responsible for reviewing the policies published on its website, for answering the questionnaires that generate them accurately, and for the accuracy of the business practices they describe.
8. Fees, Billing, and Price Adjustments
The Order sets fees and charges, including third-party licenses. Unless stated otherwise in writing or provided in Section 12, fees are non-refundable once billed. Client pays third-party pass-through costs, including domain registration, premium plugins, themes, licenses, fonts, and stock media, unless agreed otherwise. Fees exclude sales, use, or similar taxes; required taxes are added to invoices. Client authorizes Next Step Marketing to store its payment method and charge recurring fees, taxes, and past-due amounts until cancellation is effective and all amounts owed are paid.
Client’s price is locked during its minimum term. Next Step Marketing may raise recurring prices, add-on fees, or hosting rates on at least 45 days’ advance notice, effective no earlier than the end of that term and never retroactively on billed amounts. After the term, an increase applies on that notice and Client may cancel without penalty effective on the increase date. Section 12 governs nonpayment suspension and termination.
9. Minimum Term, Rates, and Plan Changes
No setup or build fee. Momentum Website does not carry an upfront build, setup, or implementation fee.
Minimum term. Momentum Website requires a twelve-month minimum term unless Client’s Order says otherwise, and continues month-to-month after that.
Standalone plans. These prices apply to service purchased under this agreement:
| Standalone plan | Monthly price | Monthly buyout credit |
|---|---|---|
| Standard | $347 | $150 |
| Enhanced | $497 | $200 |
| Managed CMS | $697 | $300 |
Website plan changes. A downgrade requires 30 days’ written notice, cannot take effect before the current website minimum term ends, and requires a written amendment stating reduced scope, any conversion work and fees, and the effective date. Lower-tier pricing starts only after the website meets that tier’s agreed scope. Pages, features, CMS access, integrations, and support beyond that scope must be removed or separately included and priced in the amendment. An Enhanced or Managed CMS website does not qualify for Standard pricing merely because its minimum term ended. A plan change affects future service and monthly credits; Section 5 governs earned credits and buyout values. A service change does not start a new website minimum term unless Client agrees in writing.
Pause, maintenance, and continued-access options are not guaranteed; they require Next Step Marketing’s approval, technical feasibility, and good standing.
10. Client Responsibilities and Acceptable Use
Client agrees to provide accurate business information, timely approvals, required account access, service details, photos, videos, testimonials, brand assets, compliance inputs, and other materials reasonably needed to launch and maintain the website.
Client is responsible for the accuracy of claims, pricing, licenses, service descriptions, before-and-after photos, testimonials, guarantees, and other business representations published on the website.
If approvals, access, content, assets, or required decisions are delayed, launch dates and edit turnaround may be affected.
Client may not use Momentum Website to publish unlawful, misleading, deceptive, restricted, or prohibited content, or to violate advertising, privacy, accessibility, intellectual property, consumer-protection, platform, or industry-specific rules.
11. No Guaranteed Outcome
Unless expressly stated in a signed written guarantee, Next Step Marketing guarantees no traffic, rankings, conversion rate, leads, Core Web Vitals, uptime, page speed, or other outcome. There is no commitment to specific uptime, availability, response time, backup frequency, or maintenance window. Third-party service levels do not create a service-level commitment to Client.
12. Cancellation, Suspension, and Termination
Cancellation. Client may cancel on 30 days’ written notice, effective no earlier than the end of the minimum term. Client owes fees through the latest of the minimum term, notice period, or approved billing period. Next Step Marketing will acknowledge cancellation in writing and confirm the service end date. Partial billing periods are not prorated or refunded, and no further fees accrue after the service end date, including during Section 5 handover. The website stays live and hosted through that date; Section 5 controls its disposition afterward.
Termination by Next Step Marketing for cause. Next Step Marketing may pause, suspend, remove, or refuse work, or terminate service, without refund, as follows:
- immediately, if Client fails to pay amounts when due after notice, makes unauthorized use of Next Step Marketing-owned materials, or creates material legal, compliance, platform, account, privacy, reputation, or security risk by continuing;
- immediately, if Client uses the service in violation of Section 10; or
- on 15 days’ written notice for any other breach, if Client does not fix the breach within that period, where it can be fixed.
Client remains responsible for fees due through the end of the applicable minimum term. Nonpayment may suspend hosting, website access, forms, tracking, automations, legal policy tools, support, or other services.
Termination by Client for cause. If Next Step Marketing materially fails to provide the website service in Client’s Order, Client may give written notice describing the failure. If Next Step Marketing does not cure it within 30 days, Client may terminate immediately, without paying for any remaining part of the minimum term, and Next Step Marketing will refund prepaid fees for service not yet delivered. Client’s rights under Section 5 are unaffected.
Termination by Next Step Marketing for convenience. Next Step Marketing may terminate the service for any other reason on 30 days’ written notice. In that case Next Step Marketing will refund prepaid fees for service not yet delivered as of the termination date. Separately quoted fees for work already performed are earned when that work is performed and are not refunded.
At service end, access to hosting, campaign destination pages, forms, tracking, automations, legal policy tools, the Accessibility Support Widget, and related systems ends after any applicable wind-down period, or immediately when the reason for termination requires it. Section 5 controls the website and handover. Client remains responsible for unpaid fees, third-party costs, authorized charges, and unauthorized post-termination use of Next Step Marketing-owned materials.
13. Confidentiality
Each party may receive the other party’s non-public business information (“Confidential Information”). Each party agrees to use reasonable care to protect Confidential Information and to use it only for purposes of the service and related business purposes.
Confidential Information does not include information that is publicly available, already known without restriction, independently developed, or lawfully received from another source.
Term. These confidentiality obligations continue for 3 years after the service ends. Information that qualifies as a trade secret remains protected for as long as it qualifies as a trade secret under applicable law.
Compelled disclosure. A party may disclose Confidential Information to the extent required by law, regulation, subpoena, or court order, provided that the disclosing party gives the other party prompt written notice where legally permitted and discloses only what is required.
Return or destruction. On written request after the service ends, each party will return or destroy the other’s Confidential Information, except copies held in routine backups or kept for legal, tax, or record-keeping reasons. Anything retained stays subject to this Section.
Next Step Marketing’s use of service data. Next Step Marketing may use performance data and what it learns from Client’s website to run and improve its own business, and may use anonymized or aggregated insights in its marketing and education. It will not publish Client’s name, brand, logo, or results without Client’s written agreement. Next Step Marketing uses reasonable efforts to select providers and available settings that limit use of Client data for general-purpose AI training. It does not guarantee third-party data practices or represent that every provider is contractually prohibited from such use. Its own handling of Client data remains subject to the confidentiality and privacy duties in these terms.
14. Privacy and Client Customer Data
Next Step Marketing’s Privacy Policy describes how it collects, uses, and protects personal information, and is incorporated into these terms by reference.
Delivering the service involves access to personal information belonging to Client’s own customers and website visitors, including form submissions, analytics data, and tracking data. As between the parties, Client controls that information and Next Step Marketing handles it on Client’s behalf and on Client’s instructions.
Next Step Marketing will access Client customer data only as needed to provide the service, will not sell it, and will not use it to market Next Step Marketing’s own services to Client’s customers.
Client is responsible for maintaining a lawful privacy policy and any required consent, disclosure, or opt-out mechanisms on Client’s website, and for the lawfulness of the customer data Client provides or directs Next Step Marketing to process.
15. Indemnification
Client will defend, indemnify, and hold harmless Next Step Marketing from third-party claims, damages, penalties, and reasonable costs arising out of:
- Client’s business claims, pricing, guarantees, licensing, service descriptions, promotions, testimonials, and before-and-after photos published on the website;
- Client’s materials and customer data; and
- Client’s violation of law, platform rules, or these terms.
Next Step Marketing will defend, indemnify, and hold harmless Client from third-party claims that materials created by Next Step Marketing and delivered under the service infringe that third party’s intellectual property rights, and from claims arising out of Next Step Marketing’s gross negligence or willful misconduct.
16. Limitation of Liability
To the fullest extent permitted by law, Next Step Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, missed opportunities, lost rankings, downtime, third-party outages, or unauthorized continued use related to the service.
Next Step Marketing’s total aggregate liability arising out of or relating to these terms will not exceed the greater of the total fees Client paid to Next Step Marketing for the service in the 3 months before the event giving rise to the claim, excluding third-party costs, or $2,500.
What the cap does not limit. This Section does not limit Client’s indemnification obligations under Section 15, Client’s obligation to pay fees and other amounts owed, either party’s breach of Section 13, or either party’s misuse of the other’s intellectual property. It also does not limit liability that cannot be limited or excluded under applicable law, or a party’s fraud or willful misconduct.
17. Governing Law and Dispute Resolution
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
Informal resolution. The parties agree to first attempt to resolve any dispute informally by contacting each other directly and negotiating in good faith for at least 30 days.
Mediation. If informal negotiation does not resolve the dispute within 30 days, either party may propose mediation.
Binding arbitration. If mediation is unsuccessful or is declined, any unresolved dispute will be settled by binding arbitration before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Texas. The Federal Arbitration Act governs this Section, including any question of whether a dispute must be arbitrated. The arbitrator’s award may be enforced in any court with authority to hear it.
Collections and small claims. Next Step Marketing may bring an action to collect amounts Client owes, and either party may bring an individual claim in small claims court where the claim qualifies, without first completing the informal resolution and mediation steps above.
If arbitration does not apply. Where a dispute is not subject to arbitration, it will be brought in the state or federal courts located in Texas, and each party waives any right to a jury trial to the extent permitted by law.
Nothing in this Section limits a party’s right to seek injunctive relief for misuse of Confidential Information or intellectual property.
18. General
Entire agreement. These terms, together with Client’s Order and any document incorporated by reference, are the entire agreement between the parties regarding Momentum Website, and supersede prior discussions and proposals on that subject.
Severability. If any provision is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. A party’s failure to enforce a provision is not a waiver of its right to enforce it later.
Assignment. Client may not assign these terms without Next Step Marketing’s written consent. Next Step Marketing may assign these terms in connection with a merger, acquisition, or sale of substantially all of its assets.
Notices. Written notice to Next Step Marketing, including any cancellation notice required by Section 12, must be sent by email to the contact address at the end of this Section, which is the designated notice address, and is effective on the date Next Step Marketing receives it. Notices to Client may be sent to the email address associated with Client’s account or Order.
Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, outages, platform failures, labor disputes, and government action.
Independent contractor. The parties are independent contractors. These terms do not create a partnership, joint venture, employment, or agency relationship.
Survival. Section 5’s ownership, buyout, domain, and license rights and obligations; accrued payment obligations under Sections 8, 9, and 12; and Sections 13, 14, 15, 16, 17, and 18 survive service end to the extent applicable.
Changes to these terms. The version of these terms in effect on the date of Client’s Order governs that engagement through its minimum term. A revision never applies during a minimum term unless Client agrees to it in writing.
Next Step Marketing may revise these terms and will publish the updated version on this page. Revisions:
- take effect only 30 days after Next Step Marketing notifies Client, using the email address associated with Client’s account;
- apply prospectively only, and never to a dispute or claim that arose before the effective date; and
- if a revision materially and adversely affects Client, give Client the right to terminate without penalty, effective on the date the revision would take effect, by giving written notice within that 30-day period.
Continued use of the service after a revision takes effect is acceptance of it, subject to applicable law and any signed written agreement.
Contact. Questions about these terms may be directed to contact@nextstepmarketing.net.