The agreement for month-to-month managed websites, SEO, AI Search Visibility, reputation and typed website chat.
Effective date: October 7, 2026
Agreement Overview
This Service Agreement covers paid capture 5 Managed Digital Presence services. “capture 5,” “we,” “us” and “our” mean the service provider identified in the accepted order document. “Client,” “you” and “your” mean the business or legal entity purchasing the services and its authorized representatives.
The accepted order document identifies the client, selected services, covered website and locations, fees, service-start date, monthly billing date, authorized accounts, approvals and any separately approved work. This Agreement works together with the Terms of Use and applicable incorporated policies.
Standard recurring services are month-to-month from the start. The one-time Managed Website Launch, additional pages and approved custom work are separate charges and do not create a multi-month subscription commitment.
Order Acceptance and Authority
Paid service begins only after an authorized representative has been given the applicable service terms and has affirmatively accepted an order and any required payment authorization. Acceptance may be recorded through a signature, an electronic agreement checkbox or another documented affirmative approval that clearly presents the agreed terms.
A website visit, inquiry form, chat conversation, request for information, payment method entry or upload of business materials does not by itself accept a paid service agreement or authorize a recurring charge. The current contact form starts a conversation with the team. It is not a self-checkout.
The person accepting an order must be at least 18 years old, legally able to enter into an agreement and authorized to bind the identified client business.
Paid order acknowledgment
I am authorized to bind the identified business. I accept the capture 5 Service Agreement, Terms of Use and the applicable policies provided with this order. I understand the selected services, separate project charges, monthly recurring fees, any disclosed credit card surcharge, renewal date and cancellation process. Standard recurring service is month-to-month with no required multi-month minimum commitment. Any recurring payment authorization is confirmed separately before a charge is made.
Business Use Only
capture 5 is a business-to-business service for commercial, professional, organizational and institutional use. It is not offered for personal, family or household use.
The client is responsible for the acts of its authorized employees, contractors, users and representatives.
The client must provide accurate business, billing, contact and account information.
The client must have authority to use the supplied content, assets, customer information and connected accounts.
Payment obligations arise from the accepted paid order and authorized work, rather than a general inquiry or unapproved service request.
Services Covered by This Agreement
capture 5 Complete combines a managed website, SEO, AI Search Visibility, reputation monitoring and response assistance, and typed automated website chat. Each service operates within the accepted scope, authorized access and available platform capabilities.
Website build, hosting, mobile optimization, forms, contact setup, booking integration where appropriate, launch and reasonable ongoing maintenance.
On-page SEO, titles and descriptions, page structure, internal links, technical and indexation checks, sitemap work and basic local optimization.
Business and entity clarity, content organization, FAQ structure, appropriate schema, crawlability and search checks for AI Search Visibility.
Reputation monitoring, review organization, managed or automated response assistance on supported platforms, response oversight and reputation visibility.
Typed automated chat for business questions, lead capture, qualification, contact direction and configured appointment or booking direction.
Review Outreach is a separate optional service. Active requests to customer or contact lists, communication volume and related work require an accepted add-on. The core reputation service does not include unlimited review-request outreach.
The order identifies the covered business, website, locations, connected accounts, page count, add-ons and service limits. Public descriptions do not create unlimited development, unlimited locations or every possible platform connection.
Managed Website Build and Maintenance
The standard Managed Website Launch includes up to five pages based on an approved design selected by the client. The page structure can be adjusted to suit the business within scope.
The client provides its logo, colors, photographs or other authorized assets, business details, services, pricing where applicable, business description and content summary. capture 5 performs the build, mobile optimization, forms, contact setup, booking integration where appropriate, two initial revision rounds and launch.
Revision rounds cover feedback on the agreed build. Additional pages, a replacement design direction, substantial new content or custom functionality require separate scope and written approval. Larger websites, substantial custom functionality or projects of roughly more than ten pages may require a custom quote.
Hosting and reasonable ongoing maintenance are included during the active paid service period. They do not include unlimited redesigns, custom applications, unrestricted development or every requested change.
Launch timing depends on complete materials, authorized account and domain access, timely approvals and configured integrations. Domain registration, paid external tools, migrations, custom integrations and export or handover arrangements are included only when identified in the accepted order. No specific uptime or accessibility, security or regulatory certification is promised unless expressly agreed in writing.
SEO Services
Included SEO may cover on-page optimization, titles and descriptions, page structure, internal linking, technical checks, indexation checks, sitemap work, basic local optimization and continued optimization within the package scope.
The client supplies accurate business, location and service information and authorizes the agreed changes. Connected account work depends on appropriate access. Additional websites, extensive content campaigns, paid advertising, purchased links and specialist work are included only when accepted in scope.
Search engines independently control crawling, indexing, rankings and result presentation. capture 5 agrees to perform the accepted work, but does not promise a ranking, traffic level, lead volume or timeframe for search results.
AI Search Visibility Services
AI Search Visibility may include content organization, clear business and entity information, FAQ structure, schema where appropriate, crawlability, search and indexation checks, and readable content formatting. Search Console connection or configuration is performed where appropriate access is provided.
The client must approve accurate business claims and notify capture 5 when supplied information changes. Automated tools may assist with analysis and content preparation within the accepted scope.
This service does not purchase placement or create a partnership or endorsement by a search provider. Search and AI systems choose their own sources, citations, summaries and presentation. Inclusion or an accurate summary in an AI answer is not guaranteed.
Typed Automated Website Chat
The included website chat is a typed automated widget. It is not a live human representative or voice assistant. Managed setup and monitoring configure it for business questions, lead capture, qualification, contact direction and appointment or booking direction where configured.
The client supplies and approves services, hours, prices where used, locations, service areas, contact details, booking links and escalation instructions. Booking functions depend on configured connections, access and availability.
Automated answers may be incomplete, outdated or incorrect. Chat does not independently authorize paid work, issue a binding quote, modify an agreement, approve a refund, admit liability or guarantee a completed booking. Any permitted actions must be specifically configured and authorized.
Chat is not an emergency channel or professional advice service. Monitoring does not mean continuous human attendance or an immediate response to every conversation. Do not configure ordinary chat to request passwords, complete payment details, protected health information or unnecessary sensitive information.
Month-to-Month Service
Standard capture 5 Complete subscriptions and standard monthly add-ons are month-to-month from the start. There is no required multi-month minimum commitment.
The accepted order identifies the service-start date, recurring fee and monthly renewal date. Each monthly renewal covers the next billing period unless cancelled before that renewal.
The Managed Website Launch, additional standard pages and separately approved custom work are separate charges. A project fee does not create a multi-month subscription commitment.
Cancellation does not create a multi-month early-cancellation penalty or charges for future unrenewed months. Valid charges for the current paid period, completed work and separately approved obligations remain subject to the accepted order and applicable law.
Recurring Payment Authorization
Recurring fees, billing frequency, the renewal date, separate project charges, any applicable credit card surcharge and cancellation instructions must be disclosed before recurring payment authorization. Submitting the contact form does not authorize payment.
After the client separately accepts a paid order and payment authorization, capture 5 and its authorized payment processors may charge the agreed payment method for:
Accepted monthly package and add-on fees.
The separately accepted Managed Website Launch and additional-page charges.
Custom work approved in writing.
Applicable taxes and government charges.
A disclosed and authorized credit card surcharge, subject to the Credit Card Payments section.
Valid unpaid amounts under the accepted order.
Authorized recurring charges may be processed without a new signature for each monthly renewal. The client must maintain a valid payment method while paid service is active. Failed payments may be retried. Updated credentials provided by the client or available through authorized payment-provider or card-network services may be used where permitted.
Cancellation stops future renewal charges according to the Cancellation and Renewal section. Collection of a valid existing balance is separate from renewal authorization and does not allow a cancelled subscription to keep renewing. Any remaining charge must have a valid contractual and legal basis.
Credit Card Payments
Where permitted by applicable law, card-network rules and the applicable payment-processing arrangements, capture 5 applies a 3% surcharge to credit card payments. The surcharge is reduced when necessary so it does not exceed our actual applicable processing cost, the applicable card-network cost-of-acceptance limit or any lower permitted limit. No surcharge is applied where prohibited.
Bank account payments, including ACH: no credit card surcharge.
Debit cards and prepaid cards: no credit card surcharge, even if processed using a credit option.
Credit cards: a 3% surcharge where permitted, reduced when a lower limit applies.
The applicable surcharge rate, surcharge amount and total payment amount will be clearly disclosed before payment authorization. The surcharge will appear separately on the receipt. Publishing this Agreement does not replace the required notice at the payment point or authorize an undisclosed charge.
For recurring credit card payments, the disclosed surcharge also applies to each authorized renewal, subject to the same limits. Any required notice or authorization for a change in the surcharge or recurring payment amount must be provided before that change applies. An existing client is not charged a newly introduced surcharge solely because this page has been updated.
Clients may avoid the credit card surcharge by using an available bank account, debit card or prepaid card payment method. Any independent charge imposed by the client's bank or card issuer is separate from capture 5's surcharge.
Failed Payments and Chargebacks
A payment failure or reversal involving a valid amount due may result in paused or suspended service. The client should report a suspected billing error promptly through the contact form using “Billing Question” in the notes. Do not include complete payment-card or bank details.
capture 5 may request an updated payment method or cleared funds before affected service resumes.
Unpaid deliverables or new work may be withheld where the accepted agreement and law permit.
capture 5 may pursue valid unpaid balances and reasonable processor, collection, court, arbitration or legal costs where permitted and properly recoverable.
No future unrenewed monthly fees become due merely because a standard subscription is cancelled or a payment fails.
Required privacy responses, data return or deletion cannot be withheld contrary to applicable law.
A chargeback does not by itself determine whether the underlying amount is valid or cancel the service. The client retains applicable payment-network rights and non-waivable legal rights. Knowingly false or fraudulent disputes relating to a valid authorized charge may constitute a breach.
Refunds and Credits
Except where required by law or expressly agreed in an accepted order, fees for completed service periods, the current paid monthly period, prepared work and separately approved custom work are non-refundable. Cancellation normally ends service at the end of the current paid period.
Launch, additional-page and custom project charges are handled according to the accepted scope, work performed, authorized commitments and applicable law. They are not a penalty for cancelling monthly service.
Unused time, client-side delays, missing approvals or a change in business direction do not automatically create a refund.
Customer nonresponse, review ratings, review filtering or platform decisions do not by themselves create a refund entitlement.
Changes in rankings, AI answer inclusion, traffic, leads, bookings or sales do not by themselves create a refund entitlement.
capture 5 may provide an appropriate correction, refund or service credit. This does not remove its responsibility to perform the work it accepts or create an ongoing right to discretionary credits.
Nothing in this section removes a mandatory right or remedy that cannot legally be waived.
Cancellation and Renewal
Standard recurring service renews monthly until cancelled. The client may request cancellation at any time. A sufficient cancellation request received before the next scheduled renewal stops that renewal. Service ends at the end of the current paid billing period unless an earlier date is agreed or required by law.
Submit the request through the capture 5 contact form and enter “Cancellation Request” in the notes. An authorized account or billing cancellation method may also be used where available. No sales call, new purchase or retention conversation is required.
Identify the business, relevant account or order and the authorized requester. Identify the affected service or location if the account has more than one.
The request date is when a sufficient cancellation request is received, not when the team finishes reviewing it.
capture 5 will confirm receipt and the effective date after reasonable account and authority verification. Internal review delays do not extend the subscription or create another renewal.
Cancellation stops future renewal charges. It does not erase valid charges for the current paid period, completed work or separately authorized obligations.
Keep a record of the request and confirmation.
Public comments, social media posts and messages to unrelated third parties are not the designated cancellation channels. An email unsubscribe or a customer opt-out does not by itself cancel the client's paid plan. If a request clearly asks for both cancellation and an opt-out, both must be handled.
At the end of the paid period, hosting, maintenance, SEO work, AI Search Visibility work, monitoring, response assistance, chat and connected features may end. Website handover, data export, domain arrangements and transition support follow the accepted order, applicable licenses and relevant privacy obligations. A subscription does not automatically include ongoing hosting or unrestricted export of platform-dependent features after cancellation.
Onboarding, Client Delays and Cooperation
The client must provide accurate business information, lawful assets, content, necessary account and domain access, service details, approvals and configured contact or booking routes. Customer records are required only for services that use them, such as separately accepted Review Outreach.
capture 5 and the client confirm the service-start and billing arrangements in the accepted order. Client delays do not automatically pause an active paid period or create refund rights. Any agreed pause or revised launch schedule should be recorded in writing.
Missing materials, access or approvals may delay launch or affected work. capture 5 may request missing items, proceed with available approved information or pause affected work where necessary to manage legal, privacy, security, platform or customer-experience risk.
Client delays do not create a multi-month minimum or prevent cancellation of future monthly renewal. capture 5 remains responsible for its own accepted work and any applicable remedy.
Client Information and Privacy Responsibilities
The services may process business content, customer reviews, visitor questions, contact details, lead information, configured booking information and authorized account data. Optional Review Outreach uses eligible first-party customer records, generally names and email addresses within the agreed scope.
The client is responsible for the lawful source, accuracy, notices, permissions, consent or other authority required for the requested processing and communications.
For Review Outreach, submit only genuine customers whose records may lawfully be used. Do not submit purchased, rented, scraped, brokered, cold-prospect, competitor or unrelated lists.
Honor applicable objections, suppression records and do-not-contact requests. Promptly report corrections, restrictions, deletion requests and relevant complaints.
Maintain appropriate privacy notices and permissions for website forms, chat, lead capture, booking and connected features.
Do not submit unnecessary sensitive information, passwords, complete financial details, government identifiers or children's information through ordinary forms, chat or outreach uploads.
Health-related clients must not provide protected health information without separately agreed safeguards and any legally required business associate agreement. A name or email address linked to healthcare services may itself be protected health information.
Provide credentials or account access only through an approved secure process. Improper or unauthorized information may be rejected, isolated, suppressed or removed as appropriate.
Processing roles, privacy requests, retention, security responsibilities, subprocessors and lawful transfer arrangements are further addressed in the Privacy Policy and any applicable Data Processing Addendum. This Service Agreement is not a business associate agreement or an executed international transfer instrument.
Neutral Reviews and Platform Rules
Review Outreach is optional and must comply with the rules of each selected destination. A platform reference or review link does not mean review requests are permitted there. Platforms that prohibit solicitation must not be used as outreach-request destinations.
Customers must receive a neutral opportunity to share honest feedback after a genuine experience.
Customers are not selected based on an expected positive rating.
Review access is not gated, pre-screened or restricted based on sentiment.
Dissatisfied customers are not blocked from approved public review destinations.
capture 5 does not create, purchase or arrange fake reviews or provide incentives for positive reviews.
A direct contact option for help must not replace or obstruct an honest public review opportunity.
Independent platforms control publishing, display, filtering, moderation, account access and removal. The client must maintain authorized accounts and comply with platform policies. capture 5 cannot compel a platform to publish, retain, change or remove a review.
Review Monitoring and Response Assistance
Monitoring and managed or automated response assistance operate on supported platforms within the agreed account permissions and configuration. Linking, monitoring, preparing responses and directly posting responses are different capabilities; each depends on actual platform support.
Responses consider the written feedback, star rating, approved business voice, platform context and client instructions. A one-star complaint and a five-star compliment require different context. Rating alone does not determine the reply.
capture 5 follows the agreed approval, posting and escalation settings. Lower-rated feedback may trigger a customer concern notice. Automated or AI-assisted tools may support preparation and posting with response oversight; human approval of every reply is included only if expressly agreed.
The client remains responsible for factual investigation, direct customer contact, refunds, repairs and business remedies. A response must not admit liability, authorize a refund, settle a dispute or commit the client to a remedy unless expressly authorized.
Legal threats, safety concerns, sensitive information and matters requiring investigation should be escalated for appropriate review. Public replies must not disclose private customer records. capture 5 may decline unlawful, misleading, threatening, discriminatory or platform-prohibited language.
Service Scope and Capacity
The accepted order defines page count, revision rounds, covered websites and locations, supported accounts, maintenance scope, optional outreach volume and any custom work. The standard package does not include unlimited pages, redesigns, development, locations or communication volume.
For optional Review Outreach, usable capacity depends on lawful records, accuracy, suppressions, unsubscribes, bounce risk, deliverability and account readiness. Invalid, duplicate, bounced, unsubscribed, incomplete or unauthorized records may be rejected or suppressed.
Unused monthly outreach capacity does not roll over unless an accepted order says otherwise. Stated capacity does not guarantee every submitted record will be used or that a recipient will respond or review.
Timing and processing may be adjusted for compliance, security, quality or deliverability. Work beyond scope requires a separate quote or documented approval before additional charges.
Refusal, Suspension and Termination
capture 5 may refuse, pause, restrict or end affected service when reasonably necessary to address material payment, legal, privacy, security, platform, deliverability or operational risk.
Valid unpaid charges, fraudulent payment disputes or repeated payment failures.
Requests to fabricate, gate, manipulate, improperly incentivize or suppress reviews.
False, deceptive, unlawful, abusive, threatening or unsafe instructions or content.
Misuse of systems, unavailable required permissions or a material breach of the accepted agreement.
Independent provider restrictions affecting the agreed work.
Where practical, capture 5 will give notice and an opportunity to address the issue. Immediate action may be necessary to protect customers, accounts, data or systems.
Suspension or termination does not erase valid existing balances. It does not accelerate future unrenewed standard monthly fees or excuse obligations, remedies or privacy duties that cannot be waived.
Intellectual Property and Website Handover
capture 5 and its licensors own or license their systems, reusable designs, software, code, processes, methods, service configuration and proprietary materials. The client retains its rights in its supplied names, logos, content, photographs, videos, business information and other assets.
The client grants capture 5 limited permission to use supplied materials as needed to perform, support and secure the accepted services. The client must own or have lawful permission to use them. Public display or reference to client materials outside service delivery requires an appropriate legal basis, written agreement or client approval.
The client may use authorized client-specific deliverables for its business under the accepted order and applicable licenses. It may not resell, disclose, sublicense or misuse proprietary systems, except where authorized in writing or permitted by a non-waivable right.
Stock media, fonts, third-party software and reusable assets retain their applicable licenses. A launch fee does not transfer ownership of third-party software or capture 5's reusable systems.
Custom deliverable rights, domain registration, website access, export availability, handover and transition support must be identified in the accepted order. Access to unpaid deliverables may be restricted where permitted, without obstructing mandatory privacy duties or rights the client retains in its own materials.
Confidentiality
Each party may receive non-public business, customer, financial, technical, operational, strategic, security or service information from the other. Each must use reasonable care to protect it and use it only for the accepted relationship, service performance, legal compliance, security, billing, support, dispute resolution or another authorized purpose.
Confidentiality does not cover information lawfully received without restriction, independently developed, publicly available without breach or required to be disclosed by law. Where legally permitted, the disclosing party should provide notice of a required disclosure and limit it to what is required.
Aggregated or de-identified operational information may be used for service improvement, security and internal measurement only where it does not reasonably identify an individual or disclose confidential client information, and applicable law and data-processing terms permit that use.
Taxes and Payment-Provider Charges
Unless an accepted order states otherwise, amounts are billed in U.S. dollars. Applicable sales taxes, use taxes, VAT, GST, duties and government charges may apply. capture 5 may collect and remit taxes where required.
The client is responsible for independent banking, currency-conversion, cross-border and financial-institution charges associated with its payment. capture 5's credit card surcharge is governed by the Credit Card Payments section. No credit card surcharge applies to bank account, debit card or prepaid card payments.
Where withholding is legally required, the client must provide appropriate documentation and cooperate with the applicable tax requirements. International clients must be able to pay in the currency stated in the accepted order.
International Clients
capture 5 operates from the United States, including New Jersey. Service availability outside the United States depends on the accepted scope, applicable law, payment arrangements and actual platform capabilities.
Serving a market does not imply a local office, legal entity, tax registration, government approval, professional license or platform partnership. Clients remain responsible for requirements applying to their own business, website content, communications, customer data and accounts.
Authorized information may be processed in the United States or other agreed processing locations. Required notices, processing terms and lawful transfer safeguards must be addressed where applicable. Publishing this page does not execute transfer instruments or establish compliance in every country.
Nothing in this Agreement excludes obligations or rights that mandatory applicable law does not allow the parties to exclude.
Service Work and Business Results
capture 5 is responsible for performing the work it accepts within the agreed scope. Business results also depend on customer experience, client cooperation, competition, account access, accurate information and independent platform decisions.
The service does not guarantee rankings, indexing, AI answer inclusion or citations, review volume, star ratings, review removal, customer participation, traffic, leads, bookings, sales, revenue or continuous third-party availability.
Automated answers or review responses may be incomplete or inaccurate and must follow agreed approvals and escalation settings. The services do not provide legal, medical, financial, tax or regulatory advice.
These limits do not remove capture 5's accepted obligations, its responsibility for its own conduct or a remedy required by law.
Limitation of Liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, consequential, special, exemplary, punitive, enhanced, lost-profit, lost-revenue, lost-goodwill, lost-business, lost-opportunity or reputational damages arising from this Agreement or the services.
To the fullest extent permitted by law, capture 5's total aggregate liability arising from or relating to this Agreement, the services, client information, payments, communications or platform outcomes will not exceed the total amount actually paid by the client to capture 5 during the twelve months immediately preceding the event that first gave rise to the claim.
This lookback period measures the liability cap. It is not a subscription term or minimum service commitment.
The cap does not apply to obligations that cannot legally be limited, including fraud, willful misconduct or another category that applicable law does not permit the parties to exclude or limit.
Mutual Indemnification
Client Indemnification
To the extent permitted by law, the client agrees to defend, indemnify and hold harmless capture 5 and its owners, officers, employees, contractors, agents and authorized providers from third-party claims, losses, investigations, penalties, damages, costs and reasonable legal fees arising from:
Client-provided information or missing notices, consent, permissions, lawful authority or customer-contact rights.
The client's products, services, personnel, operations or underlying customer experience.
Client accounts, listings, content, instructions or platform-rule violations.
Client-provided claims, offers, materials or approvals.
The client's material breach of this Agreement or applicable law.
capture 5 Indemnification
To the extent permitted by law, capture 5 agrees to defend, indemnify and hold harmless the client and its officers and employees from third-party claims, losses, damages, costs and reasonable legal fees arising directly from:
capture 5's material breach of its confidentiality obligations.
capture 5's willful misconduct or gross negligence in providing the contracted services.
A claim that capture 5 proprietary materials, as provided and used as authorized, infringe a third party's intellectual property rights.
The party requesting indemnification must give prompt notice, reasonable cooperation and control of the defense to the indemnifying party, subject to reasonable participation rights and non-waivable requirements. A settlement must not admit wrongdoing by or impose obligations on the other party without its written approval.
Governing Law and Dispute Resolution
This Agreement and disputes relating to capture 5, the services, orders, payments or the business relationship are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.
Informal Resolution First
Before filing arbitration or a court proceeding, the complaining party must send written notice describing the dispute, relevant account, requested relief, and supporting information.
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.
IMPORTANT ARBITRATION AND JURY-TRIAL NOTICE
EXCEPT FOR THE LIMITED MATTERS IDENTIFIED BELOW, YOU AND capture 5 AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF A LAWSUIT IN COURT. BY ACCEPTING THESE TERMS, BOTH PARTIES UNDERSTAND THAT THEY ARE GIVING UP THE RIGHT TO HAVE COVERED DISPUTES DECIDED BY A JUDGE OR JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Binding Individual Arbitration
If the dispute is not resolved informally, covered disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as incorporated through the accepted Terms of Use.
The arbitration will be conducted by one neutral arbitrator.
The arbitration may be conducted remotely unless the arbitrator determines that an in-person proceeding is reasonably required.
The arbitrator may award any individual remedy available under applicable law and these Terms.
The arbitrator must provide a reasoned written decision.
The award may be entered and enforced in any court of competent jurisdiction.
Each party will bear its own legal fees unless applicable law, an order document, or the arbitrator permits a different award.
Class and Representative Action Waiver
Disputes must be brought only in an individual capacity. Neither party may bring or participate in a class, collective, consolidated, representative, coordinated, or private attorney general proceeding against the other.
Matters That May Be Brought in Court
Either party may bring an eligible individual claim in small claims court. Either party may also seek temporary or preliminary injunctive relief to protect confidential information, intellectual property, account security, customer data, or systems while arbitration is pending.
Either party may bring a court action to enforce an arbitration award or an undisputed payment obligation.
Jury-Trial Waiver for Court Matters
For a dispute that is properly heard in court rather than arbitration, both parties knowingly and voluntarily waive trial by jury to the fullest extent permitted by law.
Court Venue
Court proceedings permitted under this section must be brought in a state or federal court located in New Jersey unless applicable law requires another venue.
This arbitration provision applies to the paid service relationship when clearly presented and affirmatively accepted during order acceptance. An inquiry form or automated chat conversation does not by itself accept this arbitration agreement.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement where applicable. Nothing in this section prevents an individual from reporting a concern to a regulator, exercising a non-waivable legal right or seeking urgent relief permitted by law. The informal resolution period does not prevent either party from preserving a claim before a legal filing deadline.
Order of Precedence
Unless a mutually signed document expressly states otherwise, conflicts are resolved in this order:
A mutually signed order form, statement of work or amendment containing specific accepted terms.
The applicable Data Processing Addendum for data-processing matters within its scope.
This accepted Service Agreement.
The Terms of Use and other applicable incorporated policies.
General pricing summaries, marketing pages, FAQs and informal statements.
The accepted order identifies the client's specific services, fees, covered websites and locations, add-ons, project scope, service-start date and billing schedule. Standard recurring service under this Agreement is month-to-month. A website inquiry or automated response does not amend the order or authorize an additional charge.
capture 5 may update this Agreement to reflect changes in services, technology, platform access, security, business operations or applicable law. Updates will show a revised effective date.
Material changes apply prospectively unless applicable law or a mutually accepted agreement permits different treatment. An update does not retroactively increase an agreed charge or create a minimum commitment.
Changes to an accepted order must follow its amendment terms and any required notice or acceptance process. Mandatory rights remain in effect.
Contact capture 5
Use the contact form for questions about this Agreement or an active service. Enter “Service Agreement Question,” “Billing Question” or “Cancellation Request” in the notes as appropriate.
Include the business name, relevant account or order, your authority to act and enough information to identify the request. Do not include passwords, complete payment details or unnecessary sensitive information.
Formal service of legal process must follow applicable law and any legal-notice address in the accepted agreement. The form is not a substitute for legally required service of process.
capture 5 operates from New Jersey, United States.