Terms of Service

Acceptance of terms

These Terms of Service ("Terms") govern your use of avariemedia.com (the "Site") and any services provided by Avarie Media LLC ("Avarie Media," "we," "us," or "our"), a limited liability company organized in the United States. By using the Site or engaging our services, you agree to these Terms. If you don't agree, please don't use the Site or engage our services.

Services description

Avarie Media provides digital services for local service businesses, which may include website design and development, local search and AI visibility work, Google Business Profile optimization, review generation systems, lead capture and follow-up automation, CRM strategy, and related consulting and fractional operations services. The specific scope of any engagement is defined in a separate proposal, statement of work, or written agreement between Avarie Media and the client.

Engagement terms

Client engagements typically begin with a discovery or assessment step, followed by a proposal outlining scope, timeline, and deliverables. Once a client accepts a proposal, work proceeds according to the agreed schedule. Either party may propose changes to scope; material changes may affect timeline and cost and will be documented before work proceeds. Engagements may be paused or terminated according to the terms in the specific agreement signed for that engagement.

Payment terms

Payment terms, including deposits, milestone payments, and recurring billing for managed services, are set out in each client's specific proposal or agreement. In general, project-based work requires a deposit before work begins, with remaining balances due at agreed milestones or upon completion, and managed or ongoing services are billed on a recurring basis (typically monthly) in advance. Late payment may result in a pause of services. All fees are quoted and payable in US dollars unless otherwise agreed in writing.

Intellectual property

Upon full payment for a project, the client generally receives ownership of the final deliverables created specifically for them (such as the completed website files and custom content), except for any third-party assets, licensed software, stock photography, fonts, or pre-existing tools and frameworks used in the build, which remain subject to their own licenses. Avarie Media retains the right to display completed work in its portfolio and marketing materials unless otherwise agreed in writing with the client. We retain ownership of our own pre-existing methodologies, templates, code libraries, and internal tools used to deliver services.

Disclaimers about results

Avarie Media does not guarantee specific outcomes from search engine optimization, AI search visibility, paid advertising, review generation, or any other marketing or growth service. Search engines, AI systems, and advertising platforms operate algorithms and policies outside of our control, and no agency can guarantee rankings, traffic, leads, citations by AI assistants, or advertising performance. Any figures, case studies, or examples referenced on the Site or in proposals are illustrative and not a promise of similar results for any particular business.

The Site and our services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of liability

To the fullest extent permitted by law, Avarie Media and its members, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of the Site or our services. Our total liability for any claim arising out of or relating to these Terms or any engagement will not exceed the total amount paid by the client to Avarie Media for the specific services giving rise to the claim in the preceding three months.

Indemnification

You agree to indemnify and hold harmless Avarie Media from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Site, your violation of these Terms, or content and materials you provide to us for use in your project.

Dispute resolution

We'd rather resolve a disagreement directly than through a formal process, and we ask that you contact us first so we can try to work it out. These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state or federal courts located in New Jersey, unless a specific client agreement states otherwise.

General terms

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms, together with any signed proposal or agreement, make up the entire agreement between you and Avarie Media regarding the Site and our services. We may update these Terms from time to time; continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms can be sent to hello@avariemedia.com.