Effective Date: April 8, 2026

These Terms of Service (“Terms”) govern your access to and use of the services, website, and communications provided by Capital District Digital LLC (“Capital District Digital,” “we,” “us,” or “our”). By engaging our services, submitting a contact form, or opting in to receive communications from us, you agree to these Terms.

1. Services

Capital District Digital LLC provides the following services to its business clients:

  • Website Design & Development — custom WordPress and web application development
  • Managed Hosting — WP Engine-backed hosting with ongoing maintenance and support
  • Athena SEO — search engine optimization, content strategy, and AI visibility reporting
  • Athena CRM — lead management, email automation, and sales pipeline tools
  • Google Ads Management — paid advertising campaign setup, optimization, and reporting

Specific deliverables, timelines, and pricing are defined in the Service Agreement executed between Capital District Digital and each client.

2. Client Engagement & Service Agreements

All formal service engagements are governed by a separate Service Agreement signed by both parties. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement controls for that specific engagement.

3. Payment Terms

Unless otherwise specified in a signed Service Agreement:

  • Project-based work requires a deposit of 50% prior to commencement, with the balance due upon delivery.
  • Monthly recurring services (hosting, SEO, CRM, Google Ads management) are billed in advance via the payment method on file.
  • Invoices are due upon receipt unless otherwise stated.
  • Accounts more than 30 days past due are subject to suspension of services and a 1.5% monthly late fee.
  • Payment processing is handled through Capital ePay / Zift. By providing payment information, you authorize us to charge the agreed-upon fees on the agreed schedule.

4. SMS / Text Message Communications

Capital District Digital may send SMS or text messages to you as part of providing our services. This section describes how our text messaging program works and how you can control it.

4.1 Opt-In

You expressly consent to receive text messages from Capital District Digital when you:

  • Submit a contact form on https://capitaldistrictdigital.com and provide a mobile phone number,
  • Explicitly request a callback, quote, or consultation via phone or email,
  • Sign a Service Agreement that includes a mobile phone number as a contact method, or
  • Reply to a message from us confirming you wish to receive updates.

By opting in, you agree to receive informational, transactional, and follow-up messages related to our services, appointments, proposals, billing, and project status.

4.2 Message Frequency

Message frequency varies based on your engagement with us and the stage of your project. Typical volume is no more than a few messages per week per client. You will not receive promotional mass-marketing messages from us.

4.3 Message & Data Rates

Standard message and data rates may apply from your mobile carrier. Capital District Digital does not charge you for text messages, but your carrier’s rates for receiving SMS or MMS messages will apply.

4.4 Opt-Out (STOP)

You may opt out of text messages at any time by replying STOP to any message you receive from us. After you reply STOP, we will send one final confirmation message and will not send you additional text messages unless you opt in again. Opting out of text messages does not affect your ability to communicate with us via email or phone.

4.5 Help (HELP)

For assistance or questions about our text messaging program, reply HELP to any message you receive from us, or contact us at info@capitaldistrictdigital.com or (518) 545-3142.

4.6 Supported Carriers

Our text messaging program is compatible with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon Wireless, Sprint, U.S. Cellular, Cricket, Boost, Metro by T-Mobile, and others. Carriers are not liable for delayed or undelivered messages.

4.7 Privacy

We respect your privacy. Mobile information shared in connection with our SMS program will not be shared with third parties or affiliates for marketing or promotional purposes. Please review our Privacy Policy for more information on how we handle your data.

5. Acceptable Use

You agree not to use our services or communications to:

  • Violate any applicable law or regulation
  • Infringe on intellectual property or privacy rights
  • Transmit malicious code, spam, or unsolicited bulk communications
  • Interfere with the operation of our services or infrastructure
  • Attempt to gain unauthorized access to our systems or data

6. Intellectual Property

All work product delivered by Capital District Digital (including website code, designs, content, reports, and strategies) remains our property until full payment is received. Upon full payment, ownership of the final deliverables transfers to the client, with the following exceptions:

  • Pre-existing tools, frameworks, code libraries, and methodologies developed by Capital District Digital remain our property.
  • Third-party assets (stock photos, plugins, fonts) remain the property of their respective owners and are licensed to the client under their original terms.
  • Capital District Digital retains the right to display delivered work in our portfolio and marketing materials unless otherwise agreed in writing.

7. Warranty Disclaimer

Except as expressly set forth in a signed Service Agreement, all services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free from harmful components.

8. Limitation of Liability

To the maximum extent permitted by law, Capital District Digital LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or related to these Terms shall not exceed the total amount paid by you to Capital District Digital in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Capital District Digital, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of our services, your violation of these Terms, or your violation of any third-party rights.

10. Termination

Either party may terminate a service engagement in accordance with the terms of the signed Service Agreement. Upon termination:

  • All outstanding fees become immediately due.
  • We will provide a reasonable transition period for handover of deliverables.
  • Sections of these Terms that by their nature should survive termination (including payment obligations, intellectual property, limitations of liability, and governing law) shall survive.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Albany County, New York, and you consent to the personal jurisdiction of those courts.

12. Changes to These Terms

We may update these Terms from time to time. The “Effective Date” at the top of this page indicates when these Terms were last revised. Your continued use of our services after any changes constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify you via email.

13. Contact Us

If you have any questions about these Terms, please contact us: