Website Services Agreement
1. AGREEMENT & ACCEPTANCE
This Website Services Agreement (the "Agreement") governs the Website + Lead Capture CRM service (the "Service") provided by Emerald Leasing LLC, a North Carolina limited liability company doing business as NEMT Growth Machine ("Provider," "we," "us"), to the customer who purchases it ("Client," "you").
You accept this Agreement by completing checkout and submitting payment for the Service. This Agreement takes effect on the date of your first successful payment (the "Effective Date") and remains in effect for as long as your subscription is active.
Provider may update this Agreement. Material changes will be communicated by email to the address on your account at least thirty (30) days before they take effect, and your continued use of the Service after that date constitutes acceptance. The current version is always posted at www.nemtgrowthmachine.com.
2. THE SERVICE
2.1 What Is Included
- A custom-branded website built for your NEMT business: five primary pages (Home, Services, About, Get a Quote, Contact) plus Privacy Policy and Terms pages, with copy written for your company, services, and service area
- Web hosting and SSL certificate
- Domain registration and DNS management, as described in Section 4
- Lead capture forms that deliver every inquiry to a leads inbox you can access from your phone
- One round of revisions at launch
- Ongoing edits and maintenance through your change-request portal, as described in Section 6.4
2.2 What Is Not Included
This plan does not include a phone number. Business phone service, two-way text messaging, missed-call text-back, email sending from your domain, sales pipelines, and marketing automations are not part of the Service. Those are provided under the separate One NEMT platform subscription, currently $97.00 per month, which you may add at any time.
Anything not expressly listed in Section 2.1 is not included. Additional pages, redesigns, new features, and integrations are separate projects as described in Section 6.4.
3. FEES & PAYMENT
3.1 Subscription Fee
- The subscription fee is $197.00 per month. There is no setup or build fee.
- Billing begins on the Effective Date and recurs monthly to the payment method on file until cancelled. The subscription renews automatically each billing cycle.
- The fee covers everything in Section 2.1, including hosting, SSL, and domain registration for as long as your subscription is active.
3.2 Failed Payment
If a payment fails, Provider will attempt to re-process the payment method on file. If payment is not cured within ten (10) days of the first failed attempt, Provider may suspend the Service, which means your website will go offline. If payment is not cured within thirty (30) days, Provider may terminate this Agreement under Section 9.
3.3 Chargebacks
Contact Provider at support@nemtgrowthmachine.com to resolve any billing question before initiating a chargeback or payment dispute with your card issuer. Initiating a chargeback on fees properly disclosed under this Agreement, without first giving Provider a reasonable opportunity to resolve the matter, is a material breach and grounds for immediate suspension of the Service. Client remains responsible for amounts properly owed, including chargeback fees assessed to Provider.
4. YOUR DOMAIN
4.1 The Domain Belongs to You
If you do not already have a domain name, Provider will register one on your behalf. The domain is registered in your name, with you as the legal registrant and owner. Provider covers the annual registration fee for as long as your subscription is active.
4.2 If You Already Have a Domain
You keep it. You grant Provider the access needed to configure DNS records so the domain points to your website. Provider does not transfer, sell, or change the registrant of your domain.
4.3 Scope of Provider's Access
Provider's access to your domain is limited to managing DNS records and renewing registration. Provider will not change the registrant, transfer the domain to another party, or allow the registration to lapse while your subscription is active.
4.4 Your Domain After Cancellation
Your domain remains yours. On termination, Provider will release or transfer the domain to you or to a registrar of your choice at no charge, within ten (10) business days of your written request to support@nemtgrowthmachine.com. Responsibility for future registration renewal fees passes to you at termination.
5. WEBSITE OWNERSHIP & LICENSE
5.1 This Is a Subscription, Not a Purchase
Provider retains all ownership of the website design, templates, design system, source code, and configuration used to build and operate your site. Client receives a non-exclusive, non-transferable license to use the website for Client's business for as long as the subscription is active. You are subscribing to a built-and-hosted website service; you are not purchasing a website.
5.2 Your Content Stays Yours
You retain ownership of everything you supply: your business name, logo, photographs, customer reviews, service descriptions, and any other materials you provide. You grant Provider a license to use those materials to build, host, operate, and maintain your website, and to display the finished site in Provider's portfolio and marketing materials unless you object in writing.
5.3 Buyout Option
If you wish to take the website with you at termination, you may elect a one-time Website Buyout for a fee of $350.00, which transfers the site files to you. The buyout fee is due at the time you elect the buyout and is billed as a separately labeled charge to the card on file. Absent a completed buyout, no source files, templates, or exports are provided.
6. BUILD PROCESS & YOUR RESPONSIBILITIES
6.1 Intake
Provider builds your site from the information you supply through the onboarding intake form: company details, services offered, service area, hours, logo, photographs, and any reviews you want featured.
6.2 Timeline
The build timeline begins when Provider has received a complete intake, including all required materials. If materials are outstanding, the timeline pauses until they are received. Provider will communicate an estimated launch date after intake is complete. Estimated dates are good-faith estimates, not guarantees, and delays caused by missing or late Client materials are not Provider's responsibility.
6.3 Revisions at Launch
One round of revisions is included before launch. A revision round means a consolidated list of requested changes submitted at one time, not an open-ended sequence of individual requests.
6.4 Ongoing Change Requests
After launch, submit edits through your change-request portal. Provider targets a response within two (2) business days for standard edits. Standard edits include text and copy changes, swapping photographs, updating hours, rates, phone numbers, service areas, and adding or removing individual services.
The following are not standard edits and are quoted separately as new projects: additional pages, full redesigns, switching to a different master template, new functionality or integrations, logo or brand identity design, and content written for a new service line. Provider will confirm scope and price in writing before beginning any such work.
Provider may decline change requests that are unlawful, that would misrepresent your business, or that fall outside the Service.
7. YOUR CONTENT: ACCURACY & INDEMNITY
You are solely responsible for the accuracy of every factual claim published on your website, including but not limited to: licensing and registration status, insurance coverage, vehicle and driver certifications, accreditations, background-check and training claims, service areas, availability, response times, and pricing.
You warrant that you own or have the necessary rights to all logos, photographs, testimonials, and other materials you supply, and that publishing them does not infringe any third party's rights.
You agree to indemnify and hold Provider harmless from any claim, demand, penalty, or expense (including reasonable attorneys' fees) arising from content you supplied, from claims made on your website about your business, or from your provision of transportation services.
Provider writes website copy based on information you supply and does not independently verify your credentials, certifications, or compliance status.
8. NO PERFORMANCE OR RANKING GUARANTEE
Provider builds websites using recognized local SEO practices, including page structure, metadata, and content organized around the services and areas you cover. Provider does not guarantee search engine rankings, search visibility, traffic, lead volume, ride volume, conversion rates, or revenue.
Search engines control their own ranking algorithms and results, and those results change for reasons outside Provider's control. No statement by Provider, in marketing materials or otherwise, should be understood as a promise of a specific ranking or business outcome.
9. TERM, CANCELLATION & WHAT HAPPENS TO YOUR SITE
- This Agreement is month to month and renews automatically each billing cycle.
- You may cancel with seven (7) days written notice to support@nemtgrowthmachine.com, effective at the end of your current billing period. No partial-month refunds are issued.
- On termination, your website is taken offline. The license granted in Section 5.1 ends, and the site stops being served at your domain.
- Your domain remains yours and is released or transferred to you under Section 4.4.
- No source files, exports, or copies of the site are provided on termination unless you complete a buyout under Section 5.3.
- Provider retains your site files for thirty (30) (calendar) days after termination so that service can be restored quickly if you resubscribe or if termination resulted from a payment problem you resolve. After thirty (30) days the files may be permanently deleted.
- Provider may terminate this Agreement for non-payment under Section 3.2, or for a material breach that remains uncured fifteen (15) days after written notice.
10. HOSTING, AVAILABILITY & THIRD-PARTY PROVIDERS
The Service is delivered using third-party infrastructure, including a hosting provider, a domain registrar, and a lead-capture platform. Provider will use commercially reasonable efforts to keep your website available but does not control third-party uptime, features, or pricing, and does not offer a guaranteed uptime percentage.
Client's sole remedy for a service outage is a prorated credit for the period of the outage, applied on written request.
11. ADMINISTRATIVE ACCESS & DATA PRIVACY
Provider maintains administrative access to your website, hosting, domain, and lead-capture account for legitimate purposes only: building, configuring, supporting, troubleshooting, maintaining, and delivering the Service. Provider will not make unauthorized changes and treats your leads, form submissions, and business data as your private and confidential information.
12. CONFIDENTIALITY & TRADE SECRETS
The website templates, design system, design tokens, source code, build process, configuration schema, and related know-how used to deliver the Service are Provider's confidential information and trade secrets. Client agrees not to copy, resell, share, or disclose these materials outside Client's organization, and not to use them to build or assist a competing offering. This obligation survives termination.
13. DISCLAIMERS & LIMITATION OF LIABILITY
The Service is provided "as is." Provider disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
Provider's total aggregate liability under this Agreement shall not exceed the total fees paid by Client to Provider in the three (3) months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost business opportunities.
14. DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of North Carolina. The parties agree to first attempt in good faith to resolve any dispute through mediation. Any dispute not resolved through mediation shall be settled by binding arbitration administered by the American Arbitration Association under its commercial rules, with the arbitration seated in North Carolina. The prevailing party is entitled to recover reasonable attorneys' fees and costs.
15. INDEPENDENCE FROM OTHER AGREEMENTS
This Agreement stands on its own. The Service does not require, and is not conditioned on, a One NEMT platform subscription or any other agreement with Provider.
If Client also subscribes to the One NEMT platform or any other Provider service, each subscription is billed and cancelled independently. Cancelling one does not cancel the other. In the event of any conflict between this Agreement and any other agreement between the parties, this Agreement controls with respect to the Website Services described here.
16. GENERAL
This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes prior agreements and representations on the same subject matter. If any provision is held unenforceable, the remainder remains in effect. Client may not assign this Agreement without Provider's written consent. Provider's failure to enforce any provision is not a waiver of it.
Questions about this Agreement: support@nemtgrowthmachine.com