These terms govern your use of nytesystems.com and any services you buy from NyteSystems. By engaging us or using this site, you agree to them.
1. The services
We design, set up and manage websites and customer-communication systems — which may include a website, online booking, missed-call text-back, review requests, an AI chat assistant, local SEO work and social content, depending on the plan you choose. The specific deliverables for your engagement are the ones listed in the written quote we send you and you accept.
2. Plans, setup fees and billing
- Quotes. Pricing shown on this site is a starting point. Your price is the one in your written quote. Nothing is charged until you accept it.
- Setup fee. Monthly plans carry a one-time setup fee, due before work begins. On annual plans the setup fee is waived.
- Monthly plans. Billed in advance each month on the anniversary of your start date.
- Annual plans. Prepaid for twelve months. Annual fees are non-refundable except as section 3 provides.
- Usage charges. Text and email usage is billed at our cost, in addition to your plan. We show the running total in your dashboard.
- Late payment. If an invoice is more than 10 days late we may suspend the services after giving you notice. Repeated non-payment may end the agreement.
- Price changes. We may change plan pricing with at least 30 days' notice. Annual plans keep their price until renewal.
3. Term and cancellation
Monthly plans have no contract. Either of us may cancel with 30 days' written notice. You keep access through the end of the period you have paid for. We do not refund partial months.
Annual plans run for twelve months and do not auto-renew without your confirmation. If you cancel mid-term we do not refund the remainder, except where we have materially failed to deliver and have not fixed it within 30 days of your written notice.
On cancellation we will export your contacts, content and customer data and hand them to you at no charge, provided your account is paid up. We keep the export available for 30 days after your service ends.
4. Ownership: what is yours and what is ours
Please read this section carefully, because it is the part clients most often misunderstand.
- Yours. Your domain name, your business phone number, your logo and brand assets, the text and photos you supply, and your customer and contact data. These are yours during and after the engagement, and we will transfer them on request.
- Ours and our vendors'. The platform your site is built and hosted on, the templates, layouts, automations and configurations we use across clients, and any tooling we develop. These are licensed to you for the term of your plan, not sold.
- What this means if you leave. Your website is built on a managed platform. It does not transfer with you when your plan ends, in the same way a storefront on a hosted commerce platform does not. You keep your domain, your data and your content, and you are free to rebuild elsewhere with them.
- If you want to own it outright, tell us before we start. We quote standalone custom builds separately, at a different price.
- Portfolio. We may show your live site and identify you as a client in our own marketing. Tell us in writing if you would rather we did not, and we will not.
5. What we need from you
You agree to give us the content, access and approvals we need, reasonably promptly. You confirm that anything you supply — text, photos, logos, fonts, customer lists — is yours to use, and that you have any consents required for the contacts you upload. Timelines in your quote assume we get what we need on time; delays in your materials move the launch date.
6. Messaging and compliance
Where we set up texting or email on your behalf, you remain the sender of record and are responsible for complying with the law that applies to those messages — including the TCPA, CAN-SPAM, carrier A2P 10DLC rules and California law. Specifically, you agree that:
- You will only message people who have given you appropriate consent.
- You will honor opt-outs promptly, and you will not remove opt-out handling we configure.
- You will not use the system for messages that are unlawful, deceptive, or in a category carriers prohibit.
We will configure compliant defaults — consent capture, STOP and
HELP handling, and required disclosures — but we cannot police your list. Carriers
may filter, suspend or reject traffic at their discretion, and we are not responsible for their
decisions.
7. Acceptable use
You may not use the services to break the law, infringe someone's rights, send malware, attempt to gain unauthorized access to any system, or run a business we reasonably judge to be fraudulent. We may suspend services immediately for a breach of this section.
8. Third-party platforms
The services depend on third-party platforms and carriers. Their availability, pricing and policies are outside our control, and their own terms apply to your use of them. If a provider materially changes or ends a feature, we will tell you and offer the nearest equivalent we can.
9. Warranties and disclaimers
We will perform the services with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the services are provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
We do not guarantee any particular search ranking, lead volume, revenue or business result. SEO and marketing outcomes depend on factors outside our control, including search engine behavior and your own market.
10. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility.
Our total liability arising out of or relating to the services is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
Nothing in these terms limits liability that cannot lawfully be limited, including for fraud or willful misconduct.
11. Indemnity
You agree to indemnify and hold us harmless from claims arising out of content you supply, data you upload, messages you send, or your breach of these terms — including claims under the TCPA or similar rules relating to your contact list.
12. Governing law and disputes
These terms are governed by the laws of the State of California, without regard to conflict of law rules. The parties will try in good faith to resolve any dispute informally first. Any dispute that cannot be resolved will be brought exclusively in the state or federal courts located in Santa Barbara County, California, and both parties consent to that jurisdiction. Either party may still bring a qualifying claim in small claims court.
13. Changes to these terms
We may update these terms. Material changes take effect 30 days after we post them and notify you. Continuing to use the services after that means you accept the new terms.
14. Contact
NyteSystems · Santa Maria, California
Text or call: (805) 590-0411
Email: support@nytesystems.com