Terms of service
Written to be read. If anything here is unclear, ask before you buy and we will put it in plain words.
Who you are dealing with
Powers Advertising, a sole proprietorship based in Knoxville, Tennessee, United States. Contact: jason@powersadvertising.com, 865.347.8374. Charges appear on your card statement as POWERSADV.
What we sell
A website designed and built for your business (included; your first $29.95 month is charged at checkout); a care plan that hosts the site, watches it and makes changes for you ($29.95 a month, until you cancel); and a bundle of four ad-ready creative pieces ($350, paid once). Prices are in US dollars and are shown in full before you pay. We do not add fees afterwards.
Refunds and cancellation
Set out in full on the refunds and cancellation page, and shown to you again at checkout before you pay. In short: cancel the care plan any time in one click; full refund of your first month if you cancel within 30 days of your first payment; full refund on the care plan if you cancel within 7 days of a charge.
Who owns the site
You do, once it is paid for. The design, the words and the pictures are yours to keep, move or change. The domain is registered in your name. If you end the care plan, the site goes with you and we will hand over the files.
We may show the finished site as an example of our work unless you ask us not to.
What we need from you
Accurate information about your business, and the right to use anything you send us - photographs, logos, text. If you send us something you do not own, that is on you, and you agree to cover us if the owner objects.
You are responsible for what the site claims about your business - licences, guarantees, prices and any claim a regulator would care about.
How changes work on the care plan
Send a change the way you would text it. Most are made automatically within a few minutes. If a request is unclear we will ask you a question rather than guess. Changes mean edits to your existing site - new hours, prices, photographs, wording, pages. Building a second site, an online shop or custom software is separate work, quoted separately.
We will not publish anything illegal, misleading or that we believe would get you in trouble.
Uptime
We check your site every five minutes and fix what we can as fast as we can, but no one can promise a site is never down. We do not offer service credits for downtime. If your site is down for a long stretch and you want to leave over it, cancel and we will refund the month.
What we do not promise
We do not promise particular search rankings, a number of phone calls, or a level of sales. Anyone who does is guessing. We build you a good site and keep it working; what the market does with it is not something we control.
Beyond what these terms say in plain words, the site and the care plan are provided as they are, without other warranties, spoken or implied.
Limit of liability
If something goes wrong and it is our fault, what we owe you is capped at what you paid us in the previous twelve months. We are not liable for lost profits or indirect losses. Nothing here limits liability that cannot be limited by law.
Ending it
You can cancel the care plan at any time. We can end it too, with 30 days' notice and a refund of anything you have paid for time you will not get - or immediately, if the site is being used for something illegal or abusive.
Changes to these terms
If we change these terms in a way that matters to you, we will email you before it takes effect. If we raise the price of the care plan you get at least 30 days' notice and you can cancel instead.
Your phone line and the AI receptionist
If you use the Powers HQ phone line, calls you don't answer can be answered by an AI receptionist or sent to voicemail; you choose which in your dashboard. The AI receptionist answers up to 100 calls per business per calendar month; after that, unanswered calls go to voicemail until the next month, and you still receive every message. The AI receptionist tells every caller, at the start of the call, that it is an AI and that the call may be recorded. It takes a message (name, what they need, location, urgency and a callback time) and answers simple questions only from the details you give us. It does not quote prices, book or promise appointment times, or give legal, medical, financial or safety advice, and it can make mistakes, so check the message and recording before you act on them. Calls to the phone line are recorded, written out and processed by AI (including by the service providers named in our Privacy Policy) to make your messages. You decide whether that is appropriate for your business. If your business is subject to privacy or compliance rules for phone calls (for example HIPAA, attorney confidentiality or financial regulations), do not use the phone line or AI receptionist; that decision and its compliance are your responsibility.
Calls are recorded and written out so you can review them. Some states require every person on a call to agree to recording. The disclosure at the start of each call is there for that reason; you are responsible for using the line in a way that follows the laws that apply to your business and your callers, and for telling us if a caller asks for a recording to be deleted. The line receives calls and texts; Powers HQ does not place automated calls or send automated texts to anyone on your behalf.
Law
Tennessee law applies, and any dispute belongs in the state or federal courts of Knox County, Tennessee. Your rights under the consumer-protection laws of your own state are not affected.