Terms of Service

1. Who these Terms apply to

In these Terms, “Sunstone Digital Tech,” “Sunstone,” “we,” and “us” refer to the provider of the website and services. “You” means the person or organization using the website or engaging us. A “Client” is a person or organization that has agreed to receive our services.

These Terms apply to your use of sunstonedigitaltech.com (the “Site”) and, where no separate written agreement says otherwise, to services we provide. By using the Site, accepting a proposal, or asking us to begin work, you agree to the terms that apply to that activity.

2. Our services and project agreements

Sunstone provides services that may include digital marketing, search engine optimization (SEO), local SEO, AI search optimization, paid advertising, social media, content, branding and design, websites, mobile apps, custom software, AI solutions, automation, integrations, maintenance, and related work.

The specific services, deliverables, schedule, fees, payment terms, and any project-specific conditions will be described in the proposal, statement of work, order form, or other written agreement for your engagement. We are not required to begin work until the scope and commercial terms have been agreed.

If documents conflict, the following order applies: a signed master services agreement or project agreement; the applicable statement of work or order form; then these Terms. Any change to an agreed scope or deadline must be confirmed in writing.

3. How we perform the work

We will use commercially reasonable efforts to provide the services described in the applicable project agreement. Timelines are estimates unless the agreement expressly identifies a deadline as binding. Our work may depend on receiving timely access, information, decisions, materials, and approvals from you.

If your response, access, or approval is delayed, the schedule may need to change. We will let you know when a delay affects the work. A revised timeline does not change payment deadlines unless we agree to that change in writing.

Any work outside the agreed scope—including additional revisions, new features, extra campaigns, or changes requested after approval—may require a revised estimate, fee, or schedule.

4. Your responsibilities

You agree to:

• Provide accurate information, materials, approvals, and access needed for the work.
• Make sure you have the rights and permissions needed for materials, accounts, data, and content you provide.
• Review deliverables and tell us promptly about errors or requested changes.
• Maintain control of your business accounts and use secure access credentials.
• Follow applicable laws, platform rules, and third-party terms when using deliverables or accounts we help manage.
• Obtain any consents, notices, or permissions required for your own customers, employees, or users.

You are responsible for the accuracy and legality of your products, services, claims, offers, and business practices. We may rely on information you provide and are not responsible for problems caused by information that is incomplete or inaccurate.

5. Fees, expenses, and payment

The applicable proposal or project agreement will set out our fees, billing schedule, payment due dates, and accepted payment methods. You agree to pay the amounts set out there, along with applicable taxes and any expenses approved or specified in writing.

Advertising budgets, hosting, domains, software subscriptions, stock assets, payment processing, and other third-party charges are separate from our service fees unless the project agreement says they are included. Where an expense is billed through us, you remain responsible for it as described in the agreement.

If an invoice becomes overdue, we may give you notice and pause affected work or access while the balance remains unpaid, subject to the project agreement and applicable law. Any interest or collection costs will be charged only where permitted by law and under the terms disclosed for the engagement.

Cancellation, credits, and refunds are governed by the applicable project agreement and any rights that cannot be waived under applicable law.

6. Third-party platforms and services

Our work may rely on services we do not own or control, such as search engines, advertising networks, social media platforms, app stores, hosting providers, analytics tools, software vendors, and AI providers. Those services have their own terms, policies, technical requirements, and availability.

A third party may change its systems, fees, policies, or access rules, or may suspend or discontinue a feature. We are not responsible for third-party decisions or outages. If a change affects the agreed work, we will discuss reasonable adjustments with you; additional work or costs may require a written change to the project agreement.

You authorize us to access and use the accounts and platforms you designate, only as reasonably needed to provide the agreed services. You are responsible for maintaining account ownership and for complying with the platform’s terms.

7. Marketing and performance expectations

SEO, local search, AI search, advertising, social media, and conversion work depend on factors that can change and are outside our control. Search engines and platforms may change their algorithms, rankings, policies, or ad delivery systems. Competitors, customer behavior, budgets, market conditions, and the quality of your own offer can also affect results.

We do not promise a particular search ranking, amount of traffic, number of leads, sales, revenue, return on ad spend, or date by which a result will occur unless a specific written agreement expressly says otherwise. Examples, estimates, forecasts, and case studies describe past or projected performance and are not guarantees of your results.

8. Use of artificial intelligence

We may use artificial intelligence tools as part of research, analysis, drafting, design, development, automation, or other services. AI-generated material can contain errors, omissions, or similarities to other material. You should review and approve content and decisions that affect your business before using them.

Unless your project agreement states otherwise, you are responsible for deciding whether a deliverable is suitable for your intended use and for obtaining any professional review it requires. Do not send us sensitive personal information or confidential third-party information through an AI tool unless we have agreed in writing on how it will be handled.

9. Ownership and permitted use

You retain ownership of the materials, information, trademarks, and content you provide to us (“Client Materials”). You give us permission to use those materials only as reasonably needed to perform the agreed services.

After you have paid all amounts due for a project, you will own the final deliverables created specifically for you under that project, except for the items listed below. We assign to you our transferable rights in those paid deliverables to the extent we own them and applicable law permits.

Sunstone retains ownership of its pre-existing materials, methods, software, templates, tools, know-how, and components developed for general use (“Sunstone Materials”). Third-party materials, open-source components, stock assets, fonts, software, and platform features remain subject to their own licenses and terms. If Sunstone Materials are included in a deliverable, we grant you a non-exclusive license to use them as part of that deliverable for your business, subject to any third-party restrictions.

We will not use your name, logo, or project details in marketing or a portfolio without your permission.

10. Confidentiality and information

Each party may receive non-public information from the other while working together. The receiving party will use that information only for the relevant engagement and will take reasonable steps to protect it. This does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law.

Our handling of personal information collected through the Site is described in our Privacy Policy. Each party is responsible for the privacy and security obligations that apply to information it controls. You must not provide personal information to us unless you have the right to do so and the information is necessary for the work.

No online system can be guaranteed completely secure. Unless included in the project agreement, you remain responsible for maintaining copies of your own data, files, and account information.

11. Acceptable use of the Site

You may use the Site for lawful purposes. You must not use it to interfere with its operation, attempt unauthorized access, introduce malicious code, scrape or copy Site materials at scale, or violate another person’s rights.

Site content is provided for general information about Sunstone and its services. It is not legal, tax, financial, medical, or other professional advice, and it does not create a client relationship by itself.

12. Warranties and disclaimers

We will provide services with reasonable care and skill, consistent with the agreed scope. Except for that commitment and any express promises in a project agreement, the Site and services are provided without additional warranties, to the fullest extent permitted by law.

We do not warrant that the Site will always be available or error-free, that a third-party platform will continue to operate in a particular way, or that a marketing, software, or AI solution will produce a particular business outcome. Nothing in these Terms limits a right or warranty that applicable law does not allow us to exclude.

13. Limits on liability

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential losses, or for loss of profits, revenue, business opportunity, goodwill, or data arising from the Site or services.

To the fullest extent permitted by law, Sunstone’s total liability arising from a particular engagement will not exceed the fees you paid or owe for the services giving rise to the claim during the 12 months before the event. For a one-time project lasting less than 12 months, the cap will be the fees paid or payable for that project.

These limits do not apply where applicable law prohibits them, including liability that cannot legally be limited or excluded. They do not excuse payment of fees owed for work performed.

14. Your responsibility for third-party claims

You agree to defend and indemnify Sunstone and its team against third-party claims, losses, and reasonable costs to the extent they arise from materials or instructions you supplied, your unlawful use of a deliverable, your breach of these Terms or a platform’s rules, or your infringement of another person’s rights.

We will give you reasonable notice of a covered claim and cooperate with your defense at your expense. You may not settle a claim in a way that imposes an obligation or admission on Sunstone without our written consent.

15. Suspension and termination

A project may be paused or ended as described in its project agreement. If no project agreement sets a process, either party may end ongoing services by written notice. Either party may also end an engagement if the other materially breaches its obligations and does not address the breach within a reasonable time after written notice.

When an engagement ends, you must pay for services performed and approved expenses incurred through the effective end date, as well as any non-cancellable third-party commitments made for the project. Once all amounts due are paid, we will provide any completed deliverables that the project agreement says are due to you.

We may suspend access to the Site or services where reasonably necessary to address a security risk, unlawful activity, a third-party platform restriction, or a material payment or account issue. Where practical, we will notify you and explain what is needed to resume the affected work.

16. Governing law and disputes

These Terms and any dispute relating to them or the services are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable law requires otherwise.

The parties agree to bring disputes in the state or federal courts located in Onondaga County, New York, and consent to those courts’ jurisdiction, subject to any right that cannot legally be waived. Before filing a claim, each party agrees to make a reasonable effort to resolve the matter through good-faith discussion.

17. Changes to these Terms

We may update these Terms by posting a revised version on the Site. The “Effective date” above will show when the current version applies. Changes apply from that date and do not change an existing project agreement unless the parties agree in writing or applicable law requires otherwise. Your continued use of the Site after an update means the updated Terms apply to your later use.

18. General terms

If a court finds one part of these Terms unenforceable, the remaining parts will continue to apply to the extent permitted by law. If either party does not enforce a provision right away, that does not waive its right to enforce it later.

You may not transfer your rights or obligations under these Terms without our written consent, except as part of a merger or transfer of substantially all your business assets. We may transfer these Terms as part of a business reorganization or sale, subject to applicable law.

These Terms, together with the applicable project agreement and any policies expressly incorporated into it, form the agreement between the parties about their subject matter. They do not create a partnership, employment, joint venture, or agency relationship.

19. Contact Sunstone Digital Tech

For questions about these Terms or our services, contact us:

Email: contact@sunstonedigitaltech.com
Phone: 315-758-3349
Address: 201 East Jefferson Street, Syracuse, NY 13202, United States

Before publishing: Sunstone’s public site lists the Syracuse address and current service categories reflected above. The current /terms-conditions/ URL returned a 404 in my check, and the Privacy Policy still shows a 2021 effective date and unrelated company wording, so that policy should be corrected and coordinated with these Terms. I used the Sunstone brand name and proposed New York law and Onondaga County venue; have counsel confirm the contracting entity’s exact legal name and those provisions before publication.