Clear terms for using our website and working together.

Acceptance of Terms

By accessing or using the ATI NexGen website, submitting an enquiry, accepting a proposal, authorizing work, making a payment or otherwise using our services, you agree to these Terms and Conditions.

If you do not agree, do not use the website or engage our services. These Terms form a binding agreement between you or the organization you represent (“Client,” “you” or “your”) and ATI NexGen (“ATI NexGen,” “we,” “us” or “our”).

Eligibility and Authority

You must have the legal capacity to enter into an agreement. If you act for a company, agency, partnership or other organization, you confirm that you are authorized to bind that organization.

Our website and services are intended primarily for business and professional use and are not directed to children.

Website Use

You may use this website for lawful informational and business purposes. Website content is provided for general information and does not itself create an agency-client relationship, professional guarantee or obligation to provide services.

You may not copy, scrape, interfere with, reverse engineer, overload, introduce malicious code into or attempt unauthorized access to the website, systems or connected accounts.

Services and Project Scope

ATI NexGen may provide services including SEO, link building, content, web development, UX/UI design, paid advertising, digital marketing, strategy, automation and related consulting or delivery support.

We may use qualified employees, contractors, specialists or delivery partners to perform parts of the services while remaining responsible for managing the agreed work.

Client Responsibilities

You agree to provide timely, accurate and complete cooperation, including:

• Clear objectives, requirements and authorized points of contact.
• Required content, brand assets, access credentials, approvals and feedback.
• Confirmation that materials supplied by you may lawfully be used.
• Compliance with platform rules, advertising policies and applicable laws.
• Prompt review of drafts, reports, designs and deliverables.
• Secure management of credentials and accounts under your control.

Delays, incomplete information, access restrictions or changes in instructions may extend timelines and increase costs.

Fees, Payments and Taxes

Fees, deposits, billing frequency, milestones, payment deadlines and accepted payment methods will be stated in the applicable proposal, order form or invoice.

• Required deposits or advance payments must clear before scheduled work begins.
• Recurring services are billed according to the agreed billing cycle.
• Advertising spend, software, domains, hosting, publishing fees and other third-party costs are separate unless expressly included.
• You are responsible for applicable taxes, duties or transaction charges, excluding taxes based on ATI NexGen's net income.
• We may pause work, delivery or access when invoices are overdue.

You must raise a good-faith invoice dispute promptly and pay all undisputed amounts when due.

Cancellations and Refunds

Cancellation rights and notice periods will follow the applicable project agreement. Unless a written agreement states otherwise:

• You may request cancellation in writing.
• Work completed up to the cancellation date remains payable.
• Approved or committed third-party costs remain payable and may be non-refundable.
• Deposits may be applied to planning, reserved capacity and completed work.
• Refund eligibility, if any, is assessed after deducting completed work and non-recoverable costs.

Digital services, customized work, placements already ordered and deliverables already provided may not be refundable to the extent permitted by law.

Timelines, Revisions and Approvals

Project dates are good-faith estimates unless expressly described as fixed deadlines in writing. Timelines may depend on approvals, access, third-party platforms, publishers, hosting providers, search engines and other circumstances outside our direct control.

Revisions

Included revision rounds will be stated in the project scope. Additional revisions, changed directions or requests after approval may be charged separately and may extend delivery dates.

Approvals

You are responsible for reviewing deliverables before publication or launch. Approval by you or your authorized contact confirms acceptance of the relevant stage, subject to any written warranty or correction period.

SEO, Advertising and Performance Expectations

We do not guarantee a particular search ranking, backlink metric, publication date, advertising cost, conversion rate, lead volume, revenue level or return on investment unless a specific written guarantee is expressly included in a signed agreement.

• Search engines and platforms may change algorithms, policies or account access without notice.
• Publishers may edit, delay, reject, relabel, remove or change content and links.
• Advertising accounts and campaigns remain subject to platform review and suspension rules.
• Reports may rely on third-party data that can be delayed, sampled or revised.

Case studies, portfolio examples and past results illustrate previous work and do not promise identical outcomes.

Intellectual Property

ATI NexGen Materials

ATI NexGen retains ownership of pre-existing methods, templates, processes, know-how, software, code libraries, systems, tools, concepts and reusable materials developed independently of your project.

Client Materials

You retain ownership of materials you provide and grant ATI NexGen a limited license to use them as necessary to perform the services.

Final Deliverables

Ownership or licensing of final deliverables will follow the applicable project agreement. Unless otherwise stated, rights in specifically commissioned, final approved deliverables transfer only after full payment, excluding pre-existing materials, third-party assets and reusable components.

Portfolio Use

We may display publicly launched work, your business name and non-confidential project descriptions in our portfolio or case studies unless confidentiality, white-label terms or a written opt-out applies.

Third-Party Services and Platforms

Projects may depend on search engines, advertising platforms, social networks, publishers, hosting providers, domains, plugins, software, payment providers, analytics tools, APIs or other third-party services.

Third-party services are governed by their own terms, fees, policies, availability and security practices. ATI NexGen is not responsible for third-party outages, policy changes, suspensions, content removal, pricing, data loss or discontinued features, except to the extent directly caused by our breach of an agreed obligation.

Confidentiality

Each party agrees to use reasonable care to protect non-public information identified as confidential or that should reasonably be understood as confidential.

Confidential information does not include information that is publicly available without breach, independently developed, lawfully received from another source or required to be disclosed by law. Confidential information may be shared with personnel, advisers and contractors who need it to perform or support the services and are subject to suitable confidentiality duties.

Acceptable Use and Prohibited Projects

You may not use our website or services for unlawful, deceptive, abusive, infringing, fraudulent or harmful activity. We may refuse or discontinue work involving:

• Illegal products, services or instructions.
• Misleading claims, impersonation, fraud or manipulated evidence.
• Malware, unauthorized access, spam or abusive automation.
• Copyright, trademark, privacy or other rights violations.
• Content that promotes violence, exploitation, discrimination or harassment.
• Requests that violate publisher, platform or search-engine policies.

Warranties and Disclaimers

We will perform agreed services with reasonable care and professional effort. Except for express commitments in a written agreement, the website, information and services are provided on an “as available” basis.

To the maximum extent permitted by law, ATI NexGen disclaims implied warranties, including merchantability, fitness for a particular purpose, uninterrupted availability and non-infringement. Nothing in these Terms excludes rights or warranties that cannot lawfully be excluded.

Limitation of Liability

To the maximum extent permitted by law, ATI NexGen will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, revenue, opportunities, goodwill, anticipated savings, data or business interruption.

Except for liability that cannot legally be limited, ATI NexGen's total aggregate liability arising from a specific project will not exceed the fees actually paid to ATI NexGen for that project during the six months preceding the event giving rise to the claim.

These limitations apply regardless of the legal theory and even if a party was advised that such loss was possible.

Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold ATI NexGen, its personnel and contractors harmless from third-party claims, losses, costs and reasonable legal expenses arising from:

• Materials, instructions or claims supplied or approved by you.
• Your products, services, website, advertising offers or business practices.
• Your violation of law, platform rules or third-party rights.
• Unauthorized use of deliverables or services after delivery.

ATI NexGen will provide reasonable notice of an indemnified claim and allow appropriate participation in its defense.

Suspension and Termination

Either party may terminate services according to the applicable project agreement. We may suspend or terminate work immediately when reasonably necessary because of:

• Overdue payments or repeated payment failure.
• Illegal, abusive, deceptive or policy-violating instructions.
• Security risks, unauthorized access or misuse of systems.
• Material breach not corrected within a reasonable period after notice.
• Conduct that creates legal, reputational or operational risk.

On termination, amounts for completed work, reserved resources and committed third-party costs become due. Provisions concerning payment, ownership, confidentiality, disclaimers, liability, indemnification and disputes survive termination.

Force Majeure

Neither party is responsible for delay or failure caused by events beyond reasonable control, including natural disasters, war, civil unrest, government action, labor disruption, utility or internet failure, cyber incidents, platform outages, widespread illness or supplier failure.

The affected party should provide reasonable notice and make reasonable efforts to reduce the impact. Payment obligations for work already completed are not excused.

Privacy and Data

Our handling of personal information through the website and business communications is described in our Privacy Policy.

Where a project requires ATI NexGen to process personal data on your behalf, additional data-processing terms may be required. You remain responsible for providing required notices, obtaining permissions and ensuring that data, audiences and contact lists supplied to us were collected and may be used lawfully.

Changes to These Terms

We may update these Terms to reflect changes in our website, services, practices or requirements. Updated Terms will be posted on this page with a revised date.

Changes will apply prospectively. Project-specific signed agreements will continue according to their own amendment requirements.

Governing Law and Dispute Resolution

These Terms and any dispute arising from them are governed by the laws of the State of New York, without regard to conflict-of-law rules.

Before filing a legal claim, each party agrees to provide written notice and attempt in good faith to resolve the dispute through direct discussion for at least 30 days, unless urgent injunctive relief is reasonably required.

Subject to any mandatory law or different written agreement, state and federal courts located in Onondaga County, New York will have exclusive jurisdiction, and each party consents to that venue.

General Contract Terms

If any provision is found unenforceable, it will be limited or removed only to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign an agreement without our written consent, except as part of a permitted sale of substantially all business assets. We may assign an agreement in connection with a merger, restructuring or sale of our business.