Terms of Service

1. Agreement to Terms

By accessing or using the website at leadtek.ai (the "Site") or engaging Leadtek ("Company," "we," "us," or "our") to provide web design, lead generation, or related digital marketing services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access the Site or use our Services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Leadtek, a web design and lead generation company based in Lost Creek, West Virginia, serving businesses in Ohio, West Virginia, and beyond.

2. Services Description

Leadtek provides the following services, subject to the specific plan and scope agreed upon between the parties:

• Custom Website Design and Development: Design, coding, and deployment of custom websites tailored to your business needs
• Website Hosting: Hosting of client websites on our hosting infrastructure (via Vercel or equivalent platform)
• Search Engine Optimization (SEO): On-page optimization, Google Business Profile management, and citation cleanup to improve search visibility
• Lead Generation and Call Tracking: Implementation of call tracking with dedicated phone numbers and lead performance reporting
• Monthly Management and Reporting: Ongoing website maintenance, optimization, and monthly performance reports
• Industry Accelerators: Specialized marketing playbooks available with Dominate-tier plans (Storm Alert, Review Surge, Local Pack Dominator, Seasonal Pulse)

The specific Services, deliverables, and timelines will be outlined in a separate proposal, statement of work, or service agreement provided to you prior to engagement.

3. Client Accounts

To access certain features or receive Services, you may need to provide information to create an account or client profile. You agree to:

• Provide accurate, current, and complete information during the onboarding process
• Update your information as necessary to keep it accurate and current
• Maintain the security and confidentiality of any login credentials provided to you
• Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account. Leadtek is not liable for any loss or damage arising from your failure to maintain the security of your account.

4. Payment Terms

4.1 One-Time Setup Fee

A one-time setup fee is due prior to commencement of Services. This fee covers the initial website design, development, Google Business Profile optimization, citation cleanup, and call-tracking setup. The setup fee is non-refundable once work has commenced.

4.2 Monthly Service Fees

Monthly service fees are billed in advance on a month-to-month basis. Available plans include:

• Foundation: $499/month — Hosting, basic optimization, and monthly reporting
• Growth: $749/month — Foundation features plus citation cleanup, review generation, and service-specific landing pages
• Dominate: $999/month — Growth features plus Industry Accelerators, competitor monitoring, same-day changes, and quarterly strategy sessions

4.3 Payment Method and Billing

Payment is due on the same date each month as your initial subscription date. We accept payment via credit card, debit card, or other methods as agreed upon. You authorize Leadtek to automatically charge your payment method for recurring monthly fees.

4.4 Late Payments

Payments not received within 10 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. Services may be suspended for accounts more than 15 days past due.

4.5 Price Changes

We reserve the right to modify our pricing with 30 days' prior written notice. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

5. Intellectual Property

5.1 Leadtek Intellectual Property

All proprietary tools, software, methodologies, templates, frameworks, and processes used by Leadtek in providing the Services remain the sole property of Leadtek. This includes our scoring algorithms, Industry Accelerator playbooks, and internal systems.

5.2 Client Website Content

Upon full payment of all fees owed, you own the website content (text, images, and media you provide) and the custom-designed website built for your business. Leadtek retains the right to showcase the website in our portfolio and marketing materials unless you request otherwise in writing.

5.3 Third-Party Licenses

Any third-party software, fonts, plugins, or services integrated into your website are subject to their respective license terms. Leadtek does not transfer ownership of third-party intellectual property.

5.4 Client Content License

By providing content (text, images, logos, etc.) to Leadtek for use in your website, you represent and warrant that you have the right to use and license that content, and you grant Leadtek a non-exclusive, royalty-free license to use, reproduce, and modify that content solely for the purpose of providing the Services.

6. Client Obligations

To enable Leadtek to deliver the Services effectively, you agree to:

• Provide requested information, content, and access in a timely manner
• Designate a primary point of contact for communication and approvals
• Review and provide feedback on deliverables within the timeframes specified in your service agreement
• Ensure that all content you provide does not infringe on any third-party intellectual property rights
• Comply with all applicable laws and regulations related to your business and website content
• Not use the website for any illegal, harmful, or fraudulent purpose

Delays caused by your failure to provide required information or approvals may result in corresponding delays in project timelines and are not the responsibility of Leadtek.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEADTEK AND ITS FOUNDERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF LEADTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LEADTEK'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO LEADTEK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Leadtek does not guarantee specific results, including but not limited to search engine rankings, website traffic volume, lead counts, or revenue increases. While we employ best practices and industry-standard techniques, outcomes depend on numerous factors outside our control, including market conditions, competition, algorithm changes, and client-provided content.

We do not warrant that the website will be uninterrupted, error-free, or free of harmful components. We are not responsible for any issues arising from third-party services (such as Google, Vercel, or other platforms) that are beyond our control.

9. Termination

9.1 Cancellation by Client

You may cancel your monthly subscription at any time by providing written notice (email to hello@leadtek.ai is sufficient). Cancellation takes effect at the end of the current billing period. No partial-month refunds are provided.

9.2 Termination by Leadtek

We may terminate or suspend Services immediately, without prior notice, if you:

• Fail to pay fees when due
• Breach any material term of these Terms
• Use the Services for any unlawful purpose
• Provide content that infringes third-party rights

We may also terminate Services for any reason with 30 days' written notice.

9.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• You will receive a copy of your website files and content upon request, provided all fees have been paid in full
• Leadtek will cease hosting, optimization, and reporting services
• Call tracking numbers will be deactivated unless you arrange to port the number
• Sections 5.1, 7, 8, 10, 12, and 14 shall survive termination

10. Indemnification

You agree to indemnify, defend, and hold harmless Leadtek and its founders, employees, contractors, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your breach of these Terms
• Content you provide that infringes on any third-party intellectual property or other right
• Your use of the Services in a manner not authorized by these Terms
• Any violation of applicable law or regulation by you or your business

11. Privacy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy to understand our data practices.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing any legal claim, you agree to first contact us at hello@leadtek.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

12.3 Binding Arbitration

If the dispute is not resolved informally within 30 days, you agree that any claim arising out of or related to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Harrison County, West Virginia, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Leadtek.

13. Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the "Last updated" date. Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms.

If we make material changes to these Terms that adversely affect your rights, we will provide at least 30 days' notice before the changes take effect, during which time you may cancel your subscription without penalty.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any service agreement or proposal executed by both parties, constitute the entire agreement between you and Leadtek regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14.3 Waiver

The failure of Leadtek to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Leadtek.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Force Majeure

Leadtek shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, internet outages, or failures of third-party service providers.

14.6 Notices

All notices under these Terms shall be in writing and delivered via email to the addresses provided by each party. Notices to Leadtek should be sent to hello@leadtek.ai.

14.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Leadtek. You are an independent client of Leadtek.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: