Terms of Service

These Terms of Service govern your use of the AT Agency website and the creative, strategic, design, development, hosting, consulting, and related services provided by AT AGENCY LLC, doing business as AT Agency.

By using this website, purchasing a service, checking a required Terms of Service checkbox, submitting payment, approving an Order, or otherwise affirmatively accepting an engagement, you agree to these Terms of Service and any applicable service-specific terms incorporated into your Order.

1. Services

AT Agency provides creative, strategic, branding, design, content, motion, video, website design and development, hosting, maintenance, consulting, and related professional services.

The specific scope, deliverables, fees, payment schedule, timeline, revision allowance, and other project requirements will be described in the applicable Order, including any proposal, Service Order, statement of work, subscription description, or service-specific addendum.

Services or deliverables not expressly included in the applicable order are outside the agreed scope and may require additional fees and written approval.

2. Client Responsibilities

Clients agree to provide accurate information, content, assets, approvals, feedback, account access, and other materials reasonably required for AT Agency to perform the services.

Clients represent that they own or have permission to use all materials supplied to AT Agency, including names, logos, photographs, videos, written content, trademarks, and other intellectual property.

Project timelines may be extended when required materials, feedback, approvals, access, or payments are delayed.

The client is responsible for reviewing and approving deliverables before publication, production, distribution, or launch.

3. Agreement and Acceptance

Order means the applicable Stripe Checkout session, Payment Link, invoice, proposal, statement of work, order form, signed Service Order, or other written or electronic purchase record identifying the customer, selected service, applicable price, payment schedule, scope, or other transaction-specific terms.

An Order may be formed through a Stripe checkout and does not require a separately signed Service Order unless AT Agency specifically requires one for a custom or negotiated engagement.

The complete agreement between the parties consists of:

1. The applicable Order
2. Any applicable service-specific terms
3. The general AT Agency Terms of Service
4. Any additional written addendum expressly incorporated into the Order

The applicable Order controls transaction-specific commercial details such as the selected service, price, payment schedule, scope, and approved exceptions.

The applicable service-specific terms control service-specific requirements.

The general AT Agency Terms of Service apply to all AT Agency services.

A signed Service Order, proposal, or statement of work may still be used for custom projects, negotiated scopes, or written exceptions, but it is not required for standardized purchases completed through Stripe checkout or other electronic acceptance.

If there is a conflict between documents, the following order of precedence applies:

1. The applicable Order
2. Any applicable service-specific terms or addenda
3. These general Terms of Service

By checking a required Terms of Service checkbox, submitting payment, placing an order, electronically signing an Order, or otherwise affirmatively accepting an Order, the customer acknowledges that the customer has reviewed and agrees to the applicable Order, these AT Agency Terms of Service, and any service-specific terms expressly incorporated into the transaction.

The person completing the purchase represents that they are at least 18 years old and authorized to enter into the agreement on behalf of the customer or business identified in the Order.

Electronic acceptance and payment are intended to have the same force and effect as a physical signature to the fullest extent permitted by applicable law.

4. Additional Service Terms

Certain AT Agency services are governed by additional terms tailored to that service.

AT Agency Home Services website projects and related hosting, website care, managed website, and managed ecommerce services are also governed by the AT Agency Home Services Website Terms.

By completing an applicable AT Agency Home Services purchase, the customer acknowledges and agrees that the AT Agency Home Services Website Terms are incorporated into the agreement.

5. Fees and Payment

Fees, deposits, installment schedules, recurring charges, and payment deadlines are stated in the applicable Order, including any proposal, Service Order, subscription description, invoice, or checkout page.

By providing a payment method for a recurring service, the client authorizes AT Agency and its payment processor to charge the applicable recurring fees until the service is canceled according to the applicable service terms.

Payments are nonrefundable except when otherwise stated in writing or required by applicable law.

AT Agency may pause work, withhold deliverables, delay launch, suspend services, or terminate services when an account is overdue.

The client is responsible for applicable taxes and third-party expenses unless otherwise stated in writing.

6. Project Changes and Additional Work

Requests that modify the approved scope, direction, deliverables, functionality, schedule, or revision allowance may be treated as additional work.

AT Agency will notify the client when a request is outside the agreed scope. Additional work may require a separate estimate, updated timeline, written authorization, and additional payment.

7. Recurring Services

Recurring services continue for the billing period stated at checkout or in the applicable Order until canceled.

The specific features, service allowances, response targets, cancellation requirements, and post-cancellation procedures for a recurring service are governed by its subscription description and any applicable service-specific terms.

Unused monthly service allowances do not roll over unless expressly stated in writing.

Additional work exceeding an included service allowance may be quoted or billed separately with client approval.

8. Cancellation and Termination

Project cancellation terms are governed by the applicable Order or service-specific terms.

Unless otherwise stated in the applicable service terms, cancellation of a recurring service becomes effective at the end of the current paid billing period. Fees already charged are not prorated or refunded except when required by law.

AT Agency may suspend or terminate services for nonpayment, unlawful activity, misuse, security concerns, material breach of an agreement, or conduct that interferes with the delivery of services.

Termination does not eliminate payment obligations incurred before the effective termination date.

9. Intellectual Property

Each party retains ownership of intellectual property created or acquired before the engagement.

The client retains ownership of client-provided content, trademarks, business information, and materials.

Ownership or licensing of final deliverables will be governed by the applicable Order and is subject to full payment of all amounts due.

AT Agency retains ownership of its preexisting materials, processes, methods, frameworks, templates, tools, software, source materials, working files, and general knowledge.

Editable files, source files, development files, working files, and unused concepts are not included unless expressly stated in writing.

10. Third-Party Services

Projects may use third-party platforms, hosting providers, software, applications, fonts, stock assets, payment processors, artificial intelligence tools, plugins, integrations, or other external services.

Third-party services are governed by their respective terms, policies, pricing, functionality, and availability.

Unless expressly included in writing, the client is responsible for domain registrations, software subscriptions, platform charges, payment-processing fees, premium applications, licenses, advertising expenses, and other third-party costs.

AT Agency is not responsible for outages, policy changes, pricing changes, data loss, security incidents, service restrictions, or discontinuation caused by a third-party provider.

11. Confidentiality

Each party agrees to use reasonable care to protect confidential information received from the other party and to use that information only for purposes connected with the engagement.

Confidential information does not include information that is publicly available, independently developed, lawfully received from another source, or required to be disclosed by law.

12. Portfolio and Publicity

Unless prohibited by a written agreement, confidentiality obligation, or written client request received before publication, AT Agency may identify the client and display publicly released work in its portfolio, website, social media, award submissions, presentations, and promotional materials.

AT Agency will not knowingly disclose confidential client information through such use.

13. No Guaranteed Results

AT Agency will perform its services professionally and in accordance with the applicable agreement.

However, AT Agency does not guarantee specific financial results, sales, revenue, traffic, search rankings, engagement, customer acquisition, platform approval, or other business outcomes unless expressly guaranteed in writing.

14. Limitation of Liability

To the fullest extent permitted by law, AT Agency will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, lost data, lost opportunities, or business interruption.

To the fullest extent permitted by law, AT Agency's total liability relating to a claim will not exceed the amount paid by the client for the specific service giving rise to that claim.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

15. Indemnification

To the fullest extent permitted by applicable law, the client agrees to defend, indemnify, and hold harmless AT AGENCY LLC, doing business as AT Agency, and its members, officers, employees, contractors, representatives, and agents from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising out of or relating to:

• Materials, content, information, instructions, products, or services supplied or approved by the client
• The client's business operations, advertising claims, products, services, warranties, representations, or conduct
• The client's violation of applicable law, regulation, license, or professional requirement
• The client's infringement or alleged infringement of another party's intellectual-property, privacy, publicity, or other rights
• The client's material breach of an applicable Order, these Terms, or applicable service-specific terms
• The client's misuse, unauthorized alteration, or unlawful use of a deliverable or service

This obligation does not apply to the extent a claim is finally determined to have resulted from AT Agency's gross negligence or willful misconduct.

AT Agency will provide reasonable notice of an applicable claim and reasonable cooperation at the client's expense. The client may not enter into a settlement that admits wrongdoing by AT Agency, imposes liability or a nonmonetary obligation on AT Agency, or restricts AT Agency's operations without AT Agency's prior written consent.

16. Disclaimer of Warranties

Except for obligations expressly stated in an applicable Order, these Terms, or applicable service-specific terms, AT Agency's services and deliverables are provided "as is" and "as available."

To the fullest extent permitted by applicable law, AT Agency disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, uninterrupted availability, and error-free operation.

AT Agency does not warrant that a website, platform, integration, hosting service, payment processor, third-party service, or other technology will operate without interruption, delay, security incident, compatibility issue, or error.

Nothing in this section excludes a warranty or obligation that cannot legally be excluded.

17. Events Beyond Reasonable Control

AT Agency is not responsible for a delay, interruption, inability to perform, or failure caused by circumstances outside its reasonable control.

Such circumstances may include:

• Natural disasters, severe weather, fire, flood, public-health emergencies, or illness
• Acts of government, changes in law, war, terrorism, civil unrest, or labor disputes
• Power failures, internet or telecommunications outages, cyberattacks, or security incidents
• Supply-chain disruptions, third-party platform failures, hosting outages, or domain-provider failures
• Service interruptions affecting contractors or essential vendors

Affected deadlines will be reasonably extended for the duration and effect of the event. AT Agency will use commercially reasonable efforts to resume performance when reasonably practicable.

18. Website Use

You may not use the AT Agency website to violate any law, infringe another party's rights, attempt unauthorized access, introduce malicious software, interfere with website operation, copy protected materials without permission, or misrepresent your identity or affiliation.

AT Agency may restrict access to the website when necessary to protect the company, its systems, its clients, or other users.

19. Privacy

Information collected through the website and services is handled according to the AT Agency Privacy Policy: https://at.agency/privacy-policy

20. Governing Law

These Terms and related disputes are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any legal proceeding that is not otherwise resolved by written agreement will be brought in a court of competent jurisdiction in California, unless applicable law requires otherwise.

21. Changes to These Terms

AT Agency may update these Terms periodically. The updated version will be posted on this page with a revised effective date.

Changes do not retroactively modify an accepted Order or the version of these Terms and any service-specific terms incorporated into that Order unless the client and AT Agency agree otherwise in writing.

22. Miscellaneous

If any provision of an applicable agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

A party's failure or delay in enforcing a provision does not waive its right to enforce that provision or any other provision later.

The client may not assign or transfer an Order or its rights or obligations without AT Agency's prior written consent. AT Agency may assign an agreement in connection with a merger, reorganization, sale of assets, change of control, or transfer to an affiliated or successor business.

Provisions concerning payment obligations, intellectual property, confidentiality, portfolio rights, disclaimers, limitations of liability, indemnification, governing law, and any other provisions that by their nature should continue will survive completion or termination of the applicable engagement.

Section headings are provided for convenience and do not affect interpretation.

The applicable Order, applicable service-specific terms, these Terms of Service, and any written addendum expressly incorporated into the Order constitute the complete agreement concerning the applicable engagement and supersede prior discussions or representations concerning the same subject matter.

23. Contact

Questions about these Terms may be sent to:
AT AGENCY LLC
Doing business as AT Agency
Email: info@at.agency
Website: https://at.agency