Last Updated: August 24, 2026
These Terms of Service (the “Terms”) govern services purchased from ARIUS MARKETING LLC d/b/a PHYSICIAN DESIGNS (“Physician Designs,” “we,” “us,” or “our”). “Customer,” “you,” and “your” mean the business or professional entity identified in the checkout process and the person acting on its behalf.
The “Effective Date” is the date Customer completes checkout. The “Checkout Order” means the plan, services, billing interval, price, quantity, add-ons, and other commercial terms displayed or referenced in the checkout flow at the time of purchase, including later add-ons purchased through an authorized order link. These Terms and the Checkout Order form the agreement between the parties. If they conflict, the Checkout Order controls the specific services, pricing, billing interval, and expressly stated commercial terms; these Terms control the legal relationship unless the Checkout Order expressly states otherwise. Services are offered for business use, not personal or household use.
1. Services and Scope
1.1 Services Purchased
Physician Designs will provide the website design, development, hosting, maintenance, analytics, search engine optimization, marketing, accessibility-related services, or other services selected in the Checkout Order (collectively, the “Services”). Only Services included in the Checkout Order or later accepted add-ons are included in the subscription.
1.2 Scope Changes and Add-Ons
Requests outside the purchased scope—including material redesigns, new functionality, substantial new pages, custom integrations, third-party licensing, migrations, or unusually extensive content work—may require additional fees or a separate order. Customer may accept additional work electronically, including by email, invoice, or checkout link. Any recurring add-on becomes part of the subscription for the billing interval and term shown when it is purchased.
1.3 Customer Cooperation
Customer will timely provide content, approvals, account access, credentials, feedback, and other information reasonably needed to perform the Services. Delays caused by Customer, its personnel, vendors, or incomplete materials extend delivery estimates and do not suspend or delay subscription billing unless Physician Designs agrees otherwise in writing. Subscription billing begins on the Effective Date, not the website launch date.
1.4 Estimates and Service Evolution
Project schedules and turnaround times are estimates unless expressly stated as guaranteed in the Checkout Order. Physician Designs may update its tools, hosting environment, workflows, vendors, and technical methods so long as the purchased Services are not materially reduced during a paid term.
2. Subscription Term, Renewal, and Cancellation
2.1 Initial Commitment
Unless the Checkout Order expressly states a different initial commitment, each website subscription has an initial term of twelve (12) months beginning on the Effective Date (the “Initial Term”). If the subscription is billed monthly, monthly billing is an installment schedule for the Initial Term and does not create a month-to-month cancellation right during the Initial Term. If the Checkout Order expressly states a different commitment, that stated commitment controls.
2.2 Automatic Renewal
After the Initial Term, a subscription billed monthly renews automatically on a month-to-month basis. A subscription billed on another recurring interval renews automatically for the same billing interval shown in the Checkout Order, unless the Checkout Order states otherwise. Renewal continues until properly canceled under this Section.
2.3 Customer Cancellation
Customer may prevent a future renewal by using an available customer portal, if enabled, or by sending written notice to info@physiciandesigns.com at least thirty (30) days before the applicable renewal date. Cancellation takes effect at the end of the then-current committed term. A cancellation request made during the Initial Term does not eliminate Customer’s obligation to pay fees due through the Initial Term unless Physician Designs expressly agrees to an early termination in writing.
2.4 Refunds
Except as required by law or expressly stated in the Checkout Order, fees are non-refundable once charged. Prepaid subscription fees are not prorated or refunded because Customer stops using the Services, delays the project, changes vendors, or cancels before the end of a committed term.
2.5 Termination by Physician Designs
Physician Designs may terminate Services without cause on at least thirty (30) days’ written notice. If Physician Designs terminates without cause, it will refund the prorated portion of prepaid recurring fees allocable to the period after termination. Physician Designs may suspend or terminate immediately for material nonpayment, unlawful use, security threats, infringement, fraud, abuse, or a material breach that is not cured within a reasonable period after notice when cure is feasible.
2.6 Effect of Termination
When Services end, Customer’s license to Physician Designs’ website design, framework, code, and proprietary materials ends and the hosted website may be disabled. If Customer’s account is paid in full, Customer may request an export of Customer Content in a reasonably available format within thirty (30) days after termination. Physician Designs is not required to transfer its proprietary design, theme, framework, source code, reusable components, or development tools. After the export period, Physician Designs may delete stored project data and backups consistent with its retention practices.
3. Fees, Billing, and Payment
3.1 Fees and Taxes
Customer will pay the fees shown in the Checkout Order and any later accepted add-ons. Recurring fees are billed in advance on the applicable billing date. Customer is responsible for applicable sales, use, excise, or similar taxes imposed on the Services, excluding taxes based on Physician Designs’ net income.
3.2 Recurring Payment Authorization
Customer authorizes Physician Designs and its payment processor, including Stripe, to charge the payment method provided at checkout for all recurring subscription fees, add-ons, taxes, and other amounts due under the agreement. Customer will maintain valid and current billing information. This authorization continues until the subscription has been properly canceled and all amounts due have been paid.
3.3 Failed Payments and Suspension
If a payment fails, Physician Designs or its payment processor may retry the charge and send payment reminders. Amounts more than fifteen (15) days past due may accrue a late charge at the lesser of 1.5% per month or the maximum amount permitted by law. Physician Designs may suspend Services for accounts that remain past due, and Customer remains responsible for fees accruing during a committed term. Customer will reimburse reasonable third-party collection costs incurred to collect undisputed past-due amounts.
3.4 Price Changes
Physician Designs may change recurring pricing for a future renewal period by providing at least thirty (30) days’ advance notice. A price change will not alter fees already due during the then-current committed term unless Customer separately agrees to a change in Services.
4. Ownership and Intellectual Property
4.1 Customer Content
Customer retains ownership of original text, images, video, graphics, logos, trademarks, data, and other materials supplied by Customer (“Customer Content”). Customer grants Physician Designs a non-exclusive license to host, reproduce, modify, format, display, and otherwise use Customer Content as reasonably necessary to perform the Services.
4.2 Physician Designs Materials
Physician Designs retains all right, title, and interest in its website designs, layouts, themes, frameworks, source code, reusable components, templates, tools, processes, know-how, documentation, and other proprietary materials, including improvements and derivatives. While Customer remains actively subscribed and paid, Customer receives a limited, non-exclusive, non-transferable license to use the delivered website for Customer’s business. The license ends when the subscription ends. Customer may not copy, resell, sublicense, reverse engineer, or transfer Physician Designs’ proprietary website framework or source code except with written permission.
4.3 Third-Party Materials
Third-party software, fonts, stock assets, plugins, APIs, analytics tools, hosting services, and other third-party materials remain subject to their own licenses and terms. Customer receives only the rights made available under those third-party terms.
4.4 Logo Design
If the Checkout Order includes custom logo design, Customer owns the final approved logo upon full payment for the logo-design Services. Physician Designs retains ownership of preliminary concepts, drafts, and unused designs unless otherwise agreed in writing.
4.5 Domain Names
A domain name registered specifically for Customer using Customer-funded registration fees belongs to Customer, subject to the registrar’s terms. Physician Designs may administer the registration for convenience. On termination and after all amounts due are paid, Physician Designs will reasonably assist with transfer of the domain. Third-party registrar charges and non-routine migration or administrative work may be billed separately.
4.6 Portfolio Use
Unless Customer requests otherwise in writing, Physician Designs may identify Customer as a client and display publicly launched work, Customer’s business name, and Customer’s logo in Physician Designs’ portfolio, case studies, and marketing materials, provided Physician Designs does not disclose non-public Customer information.
5. Customer Responsibilities and Content
Customer represents and warrants that it owns or has all rights, licenses, permissions, and consents needed for Customer Content and for Physician Designs to use it as contemplated by the Services. Customer is responsible for the accuracy, legality, and regulatory compliance of Customer Content and for final approval of content before publication.
Customer is responsible for laws and professional rules applicable to its business and website, including advertising, patient communications, intellectual property, privacy notices, cookie/consent requirements, records retention, accessibility obligations, and any industry-specific requirements, except to the extent Physician Designs expressly agrees in writing to perform a specific compliance service. Customer will not use the Services for unlawful content, malware, spam, infringement, deceptive activity, or conduct that threatens the security or stability of the hosting environment.
Customer should retain independent copies of original Customer Content and critical business records. Website backups, where included, are a disaster-recovery convenience and are not a substitute for Customer’s own records-retention obligations.
6. Hosting, Security, and Third-Party Services
Physician Designs may use third-party hosting, domain, content-delivery, security, analytics, email, payment, software, and infrastructure providers. No internet, hosting, DNS, software, or third-party platform is uninterrupted or error-free. Physician Designs does not warrant 100% uptime or continued availability of any third-party product, plugin, API, search engine, social platform, registrar, or external integration.
If a third-party hosting provider offers a service-level credit for a qualifying outage, Physician Designs may submit an eligible claim and pass through any credit actually received that is attributable to Customer. Such pass-through credit is Customer’s sole remedy for provider-level downtime covered by that provider’s service-level agreement. Physician Designs is not responsible for outages or failures caused by third parties, customer actions, compromised credentials, internet disruptions, DNS or registrar issues, plugin or API changes, unsupported custom code, or events outside its reasonable control.
7. Privacy, Data Protection, and HIPAA
Physician Designs’ handling of personal information collected through its own website, checkout process, and business operations is described in its Privacy Policy.
For personal information collected through Customer’s website, Customer generally determines the purposes and means of processing and is responsible for its own privacy notices, consents, legal basis, data-retention decisions, and responses to individuals. Where Physician Designs processes such information solely to provide Services to Customer, Physician Designs acts as Customer’s service provider or processor to the extent applicable law so provides. The parties will execute a separate data-processing agreement when legally required and reasonably necessary for the Services.
Customer must not send or store protected health information (“PHI”) through ordinary email, general contact forms, checkout fields, project-management systems, or other channels that Physician Designs has not expressly identified as suitable for PHI. Physician Designs does not become Customer’s HIPAA “business associate” merely by providing general website Services. If Services require Physician Designs to create, receive, maintain, or transmit PHI on Customer’s behalf, those activities must be expressly authorized and, when required, governed by a separate Business Associate Agreement (“BAA”) before PHI is provided.
Any HIPAA-related website configuration or privacy feature included in a Checkout Order is limited to the technical Services expressly described. It is not legal advice, a certification of Customer’s HIPAA compliance, or a guarantee that Customer’s overall operations, vendors, workforce, policies, or data practices comply with HIPAA or other healthcare privacy laws.
8. Accessibility and Legal Compliance
Accessibility tools, widgets, remediation, testing, or related services are provided only if included in the Checkout Order. Because accessibility depends on content, third-party components, user agents, standards, and ongoing website changes, Physician Designs does not warrant that a website will satisfy every requirement of the Americans with Disabilities Act, WCAG, or other accessibility law or standard unless an express written warranty is included in the Checkout Order. Customer remains responsible for obtaining legal advice regarding its compliance obligations.
9. SEO, Marketing, and Analytics
Search engines, advertising platforms, directories, social platforms, and analytics providers are controlled by third parties and change their algorithms, policies, interfaces, and reporting methods. Physician Designs does not guarantee search rankings, traffic levels, lead volume, conversion rates, advertising performance, revenue, or other business outcomes unless a specific written guarantee is expressly included in the Checkout Order. Historical or projected results are not promises of future performance.
10. Confidentiality
Each party may receive non-public business, technical, financial, credential, or customer information of the other party (“Confidential Information”). The receiving party will use Confidential Information only as needed to perform or receive the Services and will use reasonable care to protect it. Confidential Information does not include information that is publicly available through no breach, already lawfully known without restriction, independently developed, or lawfully received from a third party. A party may disclose Confidential Information when required by law, after providing notice when legally permitted.
11. Suspension and Acceptable Use
Physician Designs may suspend affected Services when reasonably necessary to address nonpayment, suspected fraud, malware, spam, unlawful content, security threats, infringement, excessive resource consumption, or conduct that may expose Physician Designs, its infrastructure, or other customers to material risk. When reasonably practicable, Physician Designs will notify Customer and restore Services after the issue is resolved to Physician Designs’ reasonable satisfaction.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PHYSICIAN DESIGNS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PHYSICIAN DESIGNS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY LEGAL OR REGULATORY REQUIREMENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHYSICIAN DESIGNS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE AGREEMENT OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHYSICIAN DESIGNS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE AGREEMENT OR SERVICES WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO PHYSICIAN DESIGNS FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF THE CLAIM ARISES DURING THE FIRST TWELVE MONTHS, THE FEES PAID THROUGH THE DATE OF THE EVENT). These limitations apply regardless of the legal theory asserted. Nothing in the agreement limits liability to the extent a limitation is prohibited by applicable law or for gross negligence or willful misconduct to the extent such liability cannot lawfully be limited.
14. Customer Indemnification
Customer will defend, indemnify, and hold harmless Physician Designs and its owners, employees, contractors, affiliates, and suppliers from third-party claims, damages, penalties, liabilities, and reasonable costs (including reasonable attorneys’ fees) arising from: (a) Customer Content; (b) Customer’s business, products, professional services, advertising, or website operations; (c) Customer’s violation of law, professional rules, privacy obligations, or third-party rights; (d) Customer’s collection or use of patient, consumer, or other personal data; or (e) Customer’s misuse of the Services. Physician Designs will provide reasonable notice of a covered claim and reasonable cooperation at Customer’s expense. Customer may not settle a claim in a manner that admits wrongdoing by or imposes non-monetary obligations on Physician Designs without Physician Designs’ written consent.
15. Governing Law and Dispute Resolution
The agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. A dispute in which the total amount of alleged damages is $10,000 or less and that is eligible for small-claims jurisdiction must be brought in the appropriate small claims court serving Routt County, Colorado. A dispute alleging more than $10,000 in damages must first be submitted to good-faith mediation in Routt County, Colorado, before either party files a lawsuit, unless emergency injunctive relief is reasonably necessary. If mediation does not resolve the dispute, exclusive venue will lie in the state courts located in Routt County, Colorado, or, if federal jurisdiction exists, the United States District Court for the District of Colorado. Any damages remain subject to Section 13.
16. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, fire, severe weather, war, terrorism, civil disorder, labor disruptions, government action, utility or internet failures, widespread cyberattacks, epidemics, or failures of third-party infrastructure, except that Customer’s obligation to pay amounts already due is not excused.
17. Changes to These Terms
Physician Designs may update these Terms from time to time. Material changes affecting an existing subscription will be provided by reasonable electronic notice and, unless required sooner by law, security needs, or a third-party platform change, will take effect no earlier than the next renewal period after notice. Changes to pricing are governed by Section 3.4. Customer’s continued use of the Services after an updated Terms effective date constitutes acceptance to the extent permitted by law.
18. General
The agreement is the entire agreement concerning the purchased Services and supersedes prior or contemporaneous discussions, proposals, and understandings concerning those Services, except for any separate BAA, data-processing agreement, or written order expressly incorporated into the agreement. Customer may not assign the agreement without Physician Designs’ written consent, except in connection with a sale of substantially all of Customer’s business or assets if the assignee assumes the agreement. Physician Designs may assign the agreement in connection with a reorganization, merger, sale, or transfer of its business or assets.
The parties are independent contractors. No waiver is continuing unless stated in writing. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain effective. Sections concerning payment obligations, ownership, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and any provisions that by their nature should survive will survive termination.
Electronic records, checkout acceptance, and electronic notices satisfy any requirement that the agreement or notice be in writing to the extent permitted by law. Notices to Physician Designs regarding cancellation, legal claims, or privacy matters must be sent to info@physiciandesigns.com. Physician Designs may send notices to the email address associated with Customer’s account or billing profile.
Contact
Arius Marketing LLC d/b/a Physician Designs
255 Anglers Drive, Unit D
Steamboat Springs, Colorado 80487
Email: info@physiciandesigns.com
Website: https://www.physiciandesigns.com