01The Offer

Magnet Media is offering, on a limited and discretionary promotional basis, to design, write, build, and launch one (1) single-page website (the "Website") for the Client at no design or build fee, in exchange for the Client providing a genuine, positive video testimonial and a genuine, positive written testimonial as described in these Terms, and the Client's agreement to pay the recurring hosting fee described in Section 8. This is a promotional offer, not a sale of custom development services, and may be modified, limited, paused, or withdrawn by Magnet Media at any time before work begins, in our sole discretion and without liability.

Acceptance into the offer is not guaranteed by submitting the form. Magnet Media reserves the right to decline any applicant, for any reason or no reason, including capacity, industry, or fit.

02Eligibility

To participate you must: (a) be at least 18 years old; (b) be the owner of, or be duly authorized to act on behalf of, the business for which the Website is built; (c) have the legal authority to enter into this agreement and to grant the licenses herein; and (d) provide accurate, complete, and current information. The offer is void where prohibited and is limited to one Website per business and/or per Client unless we agree otherwise in writing.

03Definitions

• "Website" — the one-page website produced under this offer, including its copy, layout, and design as delivered by us.
• "Testimonials" — the video testimonial and written testimonial described in Section 6.
• "Client Content" — all text, images, logos, videos, trademarks, and other materials you provide to us.
• "Hosting Fee" — the recurring fee described in Section 8.
• "Go-Live" — the date the Website is first published to a live, publicly accessible address.

04What's Included

Subject to these Terms, the offer includes: one single-page website; a standard, mobile-responsive design based on our templates and components; basic on-page copywriting drafted from the information you submit; placement of contact/call-to-action elements; initial publishing/launch; and ongoing hosting while your account is active and paid under Section 8.

05What's Not Included

Unless separately agreed in writing and paid for, the offer does not include: additional pages; e-commerce, booking systems, memberships, or custom functionality; logo or brand design; professional photography or videography; paid advertising, SEO campaigns, or marketing management; copywriting beyond a reasonable single-page scope; custom integrations; ongoing content updates, redesigns, or maintenance beyond hosting; email hosting; migration of an existing complex site; legal, accessibility, or regulatory compliance work; or domain registration fees. Additional work may be quoted separately at our then-current rates.

06Testimonial Obligation

In consideration for the free design and build, you agree that within fourteen (14) days after Go-Live (or after we notify you the Website is ready for review) you will provide, at no charge to us: (a) a genuine video testimonial of reasonable quality (approximately 30–90 seconds) describing your honest, positive experience working with Magnet Media; and (b) a genuine written testimonial describing the same. Testimonials must reflect your true and honest opinion and comply with applicable law, including FTC endorsement guidelines. You confirm the Testimonials are your own authentic views and that the free website and hosting arrangement constitutes a material connection that you consent to us disclosing.

If you fail to provide the Testimonials within the stated period, Magnet Media may, in its sole discretion: (i) extend the deadline; (ii) suspend or take down the Website; (iii) invoice you our standard build/design fee (then-current rates, representative value no less than the fair market value of the work performed) as consideration for the work already delivered; and/or (iv) terminate this agreement. You acknowledge the free nature of the build is expressly conditioned on the Testimonials being provided.

07Testimonial License & Publicity

You grant Magnet Media a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, edit, adapt, publish, display, and distribute the Testimonials, your name, business name, likeness, voice, logo, and the Website (including screenshots and recordings) for marketing, advertising, portfolio, case-study, social media, and promotional purposes, in any media now known or later developed. You waive any right to inspect or approve such uses and release us from any claims arising out of such use, including rights of publicity or privacy. This license survives termination.

08Hosting & the $5/Month Fee

While the Website is live, you agree to pay a hosting fee of US $5.00 per month (plus any applicable taxes), billed in advance, beginning at or before Go-Live, and continuing on a recurring monthly basis until cancelled in accordance with these Terms. The Hosting Fee keeps the Website published, served, and maintained on our infrastructure. The Hosting Fee is a service fee, is non-refundable, and does not purchase ownership of our templates, code, platform, or infrastructure. We may change the Hosting Fee on at least thirty (30) days' notice; continued use after the change constitutes acceptance.

09Billing & Payment Authorization

You authorize Magnet Media and/or its payment processor to charge your provided payment method the recurring Hosting Fee automatically each billing cycle, and to store your payment details for that purpose. You are responsible for keeping payment information current. Payment obligations are non-cancellable except as expressly provided. All amounts are in U.S. dollars unless stated otherwise. You are responsible for all applicable taxes other than taxes on our net income.

10Late or Failed Payment

If any payment fails or is past due, we may, without liability and without further notice: suspend, disable, unpublish, or take down the Website; retry the charge; and/or terminate this agreement. We may charge reasonable retry, late, or reactivation fees to the extent permitted by law. Suspension or takedown for non-payment does not relieve you of accrued amounts owed. We are not responsible for any loss resulting from suspension or takedown due to non-payment.

11Client Responsibilities

You agree to: provide accurate and lawful information and materials; respond to requests for information or approvals in a timely manner; review the Website and report issues promptly; maintain your own backups of any content you consider important; and comply with all applicable laws in operating your business and the Website. Delays caused by you (including slow responses or missing materials) are your responsibility and extend our timelines accordingly.

12Content & Materials — Your Warranties

You represent and warrant that you own or have all necessary rights, licenses, and permissions to all Client Content you provide, and that our use of it as contemplated will not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party, or any law. You are solely responsible for the accuracy, legality, and appropriateness of all Client Content, including any claims, pricing, reviews, credentials, or representations displayed on the Website.

13Content License to Us

You grant Magnet Media a non-exclusive, worldwide, royalty-free license to host, copy, reproduce, modify, adapt, and display the Client Content as reasonably necessary to build, operate, maintain, and promote the Website and to perform under these Terms.

14Intellectual Property Ownership

As between the parties, you retain ownership of your pre-existing Client Content. Magnet Media retains all right, title, and interest in and to its templates, frameworks, components, design systems, source code, tools, know-how, and any underlying or reusable materials, including the "Built by Magnet Media" attribution. The Website is provided to you as a hosted service under these Terms; no transfer or assignment of our underlying code, platform, or template intellectual property occurs, and nothing grants you the right to copy, resell, relicense, or reverse-engineer our platform. The finished front-end text and images specific to your business remain usable by you subject to these Terms. You agree not to remove the attribution chip without our written permission while on the free/hosted arrangement.

15Revisions & Scope

The offer includes a reasonable number of minor revision rounds (typically up to two) to the single-page Website prior to or shortly after Go-Live. Revisions beyond that, changes in direction, added sections, or new functionality are out of scope and may be billed at our then-current rates. We determine in good faith what constitutes a minor revision versus new scope.

16Timelines

Any timelines are estimates only and not guarantees. Time is not of the essence. We are not liable for delays caused by you, third parties, service providers, or events beyond our reasonable control.

17Domains

If you have a domain, you are responsible for its registration, renewal, and associated costs, and for granting us any access needed to connect it. If you do not have a domain, we may assist in connecting one, but domain registration and renewal fees are your responsibility and are separate from the Hosting Fee. You are responsible for maintaining control of your domain registrar account.

18Third-Party Services

The Website may rely on third-party platforms, hosting, processors, fonts, maps, analytics, or other services. Your use of those services may be subject to their own terms, and we are not responsible for third-party services, outages, changes, or failures. We may change our underlying providers at any time.

19Acceptable Use

You may not use the Website or our services for any unlawful, deceptive, infringing, defamatory, harmful, adult, hateful, or otherwise objectionable purpose, or to display content you lack rights to. We may remove content or suspend/terminate the Website immediately if we reasonably believe it violates this Section, the law, or any third-party rights, without liability and without refund.

20Cancellation & Termination

You may cancel hosting at any time by giving us written notice (e.g., email) at least ten (10) days before your next billing date; cancellation stops future billing but does not refund amounts already paid, and will result in the Website being unpublished/taken down. Magnet Media may suspend or terminate the services and/or these Terms at any time, with or without cause, including for non-payment, breach, failure to provide Testimonials, misuse, or discontinuation of the offer, in our sole discretion.

21Effect of Termination

Upon termination or cancellation for any reason: your right to the hosted Website ends; we may unpublish, disable, and delete the Website and related data; and any accrued fees remain payable. We are not obligated to provide, export, or migrate the Website, its code, or its data, though we may do so at our discretion and/or for a fee. Sections that by their nature should survive (including licenses granted to us, disclaimers, limitations of liability, indemnification, and dispute resolution) survive termination.

22No Refunds

Except where required by non-waivable law, all Hosting Fees and any other amounts paid are non-refundable, including for partial months, unused periods, suspension, takedown, dissatisfaction, or termination.

23Disclaimers / No Guarantee of Results

The website and all services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uptime, or that the website will be uninterrupted, error-free, secure, or free of harmful components.

Magnet Media makes no guarantee of any particular business result, including traffic, leads, sales, rankings, conversions, revenue, or return on investment. Any examples or past results are not promises of your results.

24Limitation of Liability

To the maximum extent permitted by law, Magnet Media and its owners, members, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or opportunity, arising out of or related to the offer, the website, the services, or these terms, even if advised of the possibility of such damages, and regardless of the theory of liability.

In all events, Magnet Media's total aggregate liability arising out of or related to these terms, the offer, the website, or the services will not exceed the greater of (a) the total hosting fees you actually paid to us in the three (3) months immediately preceding the event giving rise to the claim, or (b) US $50.00.

Because the design and build are provided free of charge, you acknowledge this limitation is a reasonable allocation of risk and a material basis of the offer. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

25Indemnification

You agree to defend, indemnify, and hold harmless Magnet Media and its owners, members, employees, contractors, and agents from and against any and all claims, demands, suits, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client Content; (b) your business, products, services, or representations on the Website; (c) your breach of these Terms or any law; (d) your violation of any third-party rights; or (e) your use of the Website or services.

26Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not restrict our publicity and portfolio rights in Section 7, or disclosures required by law.

27Privacy & Data

By submitting the intake form you consent to our collection, storage, and use of the information and materials you provide to deliver the services, operate and promote the Website, and communicate with you. You are responsible for any personal data you collect through your Website and for your own privacy obligations to your visitors. We are not responsible for your compliance with privacy or data-protection laws applicable to your business.

28Communications Consent

By providing your contact details, you consent to receive communications from us (including by email, phone, and text) relating to the offer, your Website, and your account. Message and data rates may apply. You may opt out of promotional messages, but we may still send transactional/account messages.

29Independent Contractor

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship. Neither party may bind the other.

30Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, outages, internet or hosting provider failures, cyberattacks, labor issues, war, terrorism, pandemics, or governmental action.

31Dispute Resolution & Binding Arbitration

The parties will first attempt to resolve any dispute informally by contacting each other. If unresolved within thirty (30) days, any dispute, claim, or controversy arising out of or relating to these Terms, the offer, the Website, or the services will be resolved by final and binding arbitration on an individual basis, administered under the rules of a recognized arbitration body in the county and state of Magnet Media's principal place of business, rather than in court, except that either party may bring an individual claim in small-claims court.

You and Magnet Media agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims. You waive any right to a jury trial and to participate in a class action.

32Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. Subject to Section 31, the exclusive venue for any permitted court action lies in the state or federal courts located in Florida, and you consent to their jurisdiction. (Update this to your actual state if different.)

33Changes to These Terms

We may update these Terms at any time by posting the revised version. Changes are effective when posted (or on the stated effective date). Your continued participation, use of the Website, or payment after changes constitutes acceptance. It is your responsibility to review the Terms periodically.

34Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit permitted successors and assigns.

35Severability, Waiver & Notices

If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. Notices to us may be sent to the contact below; notices to you may be sent to the contact details you provide.

36Entire Agreement

These Terms (together with any written order or scope we agree to) constitute the entire agreement between the parties regarding the offer and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written. In the event of a conflict, these Terms control unless a later written agreement signed by us expressly states otherwise.

37Contact

Questions about these Terms? Contact Magnet Media Agency at magnetmediaagency.com or by replying to any message from our team.

Magnet Media Agency