A note before the details
A proposal, order form, statement of work, subscription authorization, or other written service agreement may add to or change these terms for a specific project. If there is a conflict, the more specific signed agreement controls for that service.
1. Agreement and eligibility
These Terms of Service are an agreement between you and Leaptek LLC (“Leaptek,” “we,” “us,” or “our”). By accessing our website, creating an account, approving a proposal, or purchasing or using a service, you agree to these terms and our Privacy Policy.
You must be able to form a binding contract and, if acting for a business or other entity, have authority to bind it. If you do not agree, do not use the website or services.
Project scope, deliverables, dependencies, included revisions, timelines, support levels, and acceptance criteria are defined in the applicable written order or proposal. Work outside that scope may require a new quote, timeline, or written change authorization.
2. Fees, billing, and taxes
- You agree to pay the fees, usage charges, reimbursable expenses, and applicable taxes described in your order.
- Deposits and project-start payments are due before work begins unless the order provides a different schedule.
- Recurring or ongoing services are billed on the cadence shown in the order and can include a defined minimum term or notice period.
- If you authorize a recurring payment method, you authorize Leaptek or its payment provider to charge amounts due until cancellation takes effect.
- Overdue, disputed, or failed payments may pause work, publishing, integrations, support, or hosted services after reasonable notice where practical.
- Third-party charges—including domains, messaging, phone, email, AI, advertising, marketplace, fulfillment, apps, taxes, and processing fees—are not included unless expressly stated.
Published prices are planning guidance, not a binding quote. A confirmed written order controls the price, payment schedule, and included work for that engagement.
3. Project delivery
Scope and timing
The written order defines deliverables, dependencies, included revisions, estimated timing, and any acceptance criteria. A schedule begins only after required payment, access, content, decisions, and kickoff readiness are in place. Customer delays and third-party reviews or outages can move the schedule.
Review and acceptance
When a deliverable is presented for review, you agree to test it and provide timely, consolidated feedback. Leaptek will correct reproducible in-scope failures. New preferences, features, or changed requirements are change requests and may require a revised fee or timeline.
Growth and advertising
Campaign support, media buying, ongoing optimization, reporting, and advertising spend are included only when stated in the order. Leaptek does not guarantee traffic, lead volume, conversion, sales, rankings, or another financial result.
Support after delivery
Hosting, maintenance, monitoring, content changes, and ongoing support are separate unless the order expressly includes them. Any correction window, service level, or recurring scope is governed by that order.
4. Customer responsibilities and acceptable use
You agree to:
- Provide timely, accurate information, approvals, feedback, access, and materials needed for the work;
- Maintain secure credentials, use individual accounts where available, and promptly report suspected compromise;
- Back up important source materials and maintain access to customer-owned domains and third-party accounts;
- Review and approve content, settings, automations, creative, listings, and changes before relying on or publishing them;
- Obtain all rights, licenses, permissions, disclosures, and consents needed for content, data, products, and communications; and
- Comply with applicable law and third-party platform rules.
You may not use the services to violate law or rights; send unlawful or deceptive communications; distribute malware; bypass security; probe systems without authorization; interfere with other users; publish illegal, infringing, or abusive material; or create unreasonable infrastructure risk.
5. Ownership, content, and feedback
As between you and Leaptek, you retain ownership of your business data, domain, trademarks, and original content and assets you supply. You grant Leaptek a non-exclusive license to host, copy, modify, display, transmit, and otherwise process those materials as needed to provide, secure, and support the services.
Leaptek and its licensors retain ownership of the platform, software, code, tools, methods, reusable templates, components, know-how, documentation, and pre-existing materials. Subject to payment and your order, Leaptek grants you the limited right to use an applicable hosted deliverable during the service term. A hosted template or platform license does not transfer the underlying source code or reusable design system.
For a fully paid custom project deliverable created specifically for you outside a hosted template or platform, Leaptek grants you a perpetual, worldwide, non-exclusive license to use, copy, operate, and modify that deliverable for your business, and to permit your service providers to do so for you. Leaptek retains its reusable and pre-existing materials embedded in the work, and you may not extract or resell those materials as a standalone product. A written order may provide a different ownership transfer or license for a particular deliverable.
Third-party fonts, images, software, themes, and other materials remain subject to their own licenses. If you voluntarily provide suggestions, you permit Leaptek to use them without restriction or compensation, provided we do not identify you in public marketing without permission.
6. AI-assisted work and customer approvals
Services may use artificial intelligence to draft copy, propose structured website changes, generate or edit creative assets, summarize information, or assist operations. AI output can be incomplete, inaccurate, similar to other content, or unsuitable for a particular purpose.
You are responsible for reviewing material output for accuracy, legality, brand fit, and required disclosures before approval or use. Do not submit confidential, regulated, or sensitive information through an AI feature unless the applicable service is expressly approved for that information. Leaptek may refuse or require additional review for high-risk or unsupported changes.
7. Third-party services and platform changes
Our work may depend on providers such as hosting, domain, payment, CRM, messaging, marketplace, fulfillment, analytics, AI, and advertising platforms. Their terms, policies, pricing, availability, review processes, and technical behavior are outside Leaptek's control. You authorize us to interact with selected providers as necessary for the agreed work and agree to comply with their terms.
Leaptek is not responsible for a third party's outage, data loss, account suspension, policy decision, price change, rejected listing, ranking change, or discontinued feature. We may need to adjust scope, timing, or fees if a provider materially changes an integration or requirement.
8. Suspension, cancellation, and termination
Cancellation terms, minimum commitments, notice periods, and refund eligibility are stated in the applicable order. Unless the order says otherwise, cancellation stops future recurring service at the end of the paid period and does not refund completed work, setup fees, usage, incurred costs, or fees already earned. You remain responsible for amounts accrued before termination.
We may suspend or terminate access for material breach, nonpayment, unlawful or abusive use, security risk, provider restrictions, or conduct that could harm customers or systems. Where practical, we will provide notice and a reasonable opportunity to cure a remediable breach.
Before hosted service ends, request an available export of customer-owned structured content and data. Export formats and migration assistance depend on the service; custom migration work may be billed. We may delete remaining service data after a reasonable transition and retention period.
9. Disclaimers
We aim to provide professional, reliable work, but business and marketing outcomes depend on many factors outside our control. We do not guarantee search rankings, traffic, leads, sales, conversion rates, marketplace approval, uninterrupted availability, or any particular financial result.
To the maximum extent permitted by law, the website and services are provided “as is” and “as available,” and Leaptek disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. Nothing we provide is legal, tax, accounting, employment, regulatory, or other licensed professional advice.
10. Limitation of liability and indemnification
To the maximum extent permitted by law, Leaptek and its owners, employees, contractors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, data, or business opportunity, arising from the website or services, even if advised that such damages are possible.
To the maximum extent permitted by law, Leaptek's total liability arising from a claim will not exceed the fees you paid to Leaptek for the service giving rise to the claim during the six months immediately before the event giving rise to liability. These limitations do not apply where prohibited by law.
You agree to defend, indemnify, and hold Leaptek harmless from third-party claims, damages, liabilities, and reasonable costs arising from your content, products, customer data, communications, unlawful use, infringement, breach of these terms, or violation of a third-party platform's rules, except to the extent caused by Leaptek's own breach or conduct for which indemnification cannot lawfully be required.
11. General terms
These terms and applicable signed agreements form the agreement between the parties about their subject. Michigan law governs, without regard to conflict-of-law rules. Any dispute not subject to a different written dispute process will be brought in a court with jurisdiction in Kent County, Michigan, and each party consents to that venue. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. A waiver must be explicit and does not waive a later breach. You may not assign an agreement without our consent except as part of a permitted business succession; Leaptek may assign it in connection with a reorganization, financing, merger, or sale of the business.
We may update these website terms prospectively by posting a revised version and effective date. Material changes to an active paid service will be handled as required by the applicable agreement and law.
12. Contact Leaptek
Questions about these terms can be submitted through our contact form or mailed to Leaptek LLC.
Contact Leaptek Mailing addressLeaptek LLC · PMB 4001
77 Monroe Center NW, Ste 600
Grand Rapids, MI 49503-2911