Terms of Service

1. Acceptance of Terms

By accessing or using goaberrant.com (the "Site") or engaging Aberrant ("Aberrant," "we," "us," or "our") for services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Site or our services. Aberrant Interactive is owned and operated by Ridge Point Holdings, LLC. References to "Aberrant" include Ridge Point Holdings, LLC, its affiliates, employees, and authorized contractors operating under the Aberrant brand.

2. Services Offered

Aberrant provides digital agency services that may include, but are not limited to:

• Website design and development
• Mobile and web application development
• Search engine optimization (SEO) and local SEO
• Pay-per-click (PPC) management and digital advertising
• Social media strategy, content, and management
• Web hosting, support, and ongoing maintenance
• Brand identity, content, and conversion optimization

The exact scope of any engagement is defined in a written proposal, Statement of Work ("SOW"), or Master Services Agreement ("MSA") signed by both parties.

3. Engagement & Scope

Each engagement is governed by the SOW or MSA, which sets out scope, deliverables, timeline, fees, and payment terms. In the event of any conflict between these Terms and a signed SOW or MSA, the signed agreement controls. Changes to scope require a written change order signed by both parties and may affect price and timeline.

4. Fees, Invoicing, & Payment

• Fees, payment cadence (e.g., milestone, monthly retainer, hourly), and accepted payment methods are specified in your SOW or MSA.
• Invoices are due within the period stated on the invoice (typically Net 15 unless otherwise agreed). Past-due balances may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
• Aberrant may suspend or terminate services if invoices remain unpaid 30 days past due. We are not responsible for damages, traffic loss, ranking loss, or downtime caused by such suspension.
• Third-party costs (ad spend, SaaS licenses, stock media, hosting fees, domain registrations, App Store fees, etc.) are passed through and may require advance payment.
• Setup fees, deposits, and monthly retainers are non-refundable except as expressly stated in the engagement agreement.

5. Intellectual Property

Client work product. Upon full payment, you own the final deliverables we produce specifically for you (e.g., the custom code, designs, copy, and graphics created for your project), subject to any third-party licenses incorporated into them.

Aberrant tools, frameworks, and pre-existing materials. Tools, frameworks, libraries, internal modules, and methodologies we develop or maintain across clients remain our property. We grant you a perpetual, non-exclusive, royalty-free license to use them as embedded in your final deliverables.

Third-party components. Open-source libraries, plugins, fonts, stock assets, and SaaS integrations remain governed by their own licenses. We will identify material third-party components on request.

Portfolio rights. Unless you request otherwise in writing, we may identify you as a client and showcase non-confidential project work in our portfolio, case studies, and marketing.

6. Client Responsibilities

• Provide timely access to assets, accounts, content, decisions, and approvals required to keep the engagement on schedule.
• Ensure that any content, logos, brand materials, or other assets you provide do not infringe third-party rights and are lawful to use.
• Comply with applicable laws, including advertising, marketing, accessibility, and data-protection laws, as they relate to your business and end users.
• Keep credentials secure and notify us promptly of suspected unauthorized access.
• Maintain your own backups of any content not solely hosted by us.

7. Hosting & Maintenance

When Aberrant provides hosting or ongoing maintenance:

• We aim for high uptime but do not guarantee 100% availability. Scheduled maintenance, force majeure events, third-party outages, and network conditions outside our control are excluded from any uptime measurement.
• You are responsible for the lawfulness of all content hosted under your account.
• We may take prompt action — including removal or suspension — if hosted content violates law, infringes third-party rights, transmits malware, sends unsolicited bulk email, or otherwise materially threatens the security or stability of our infrastructure.
• On termination of hosting, we will provide a reasonable transition window for you to migrate your data. Final data export must be requested in writing.

8. SEO, PPC & Marketing Disclaimers

Search engine results, ad performance, conversion rates, and revenue outcomes depend on numerous factors outside our control — including search-engine algorithm changes, competitor activity, market conditions, your product/offer, and your team's ability to follow recommendations. We bring industry-leading expertise and effort to every engagement, but we do not and cannot guarantee specific rankings, traffic levels, lead volumes, or revenue results. Performance benchmarks shared in proposals or on our website are illustrative averages, not promises.

9. Confidentiality

Each party agrees to keep the other's non-public business information confidential and to use it only for purposes of the engagement. This obligation survives termination. A separate Mutual NDA may be executed for sensitive engagements.

10. Acceptable Use

You agree not to use the Site or any service we provide to:

• Violate any law or regulation, or infringe any third party's intellectual property, privacy, or other rights.
• Distribute malware, conduct phishing, or attempt unauthorized access to any system.
• Send unsolicited bulk email or commercial messages in violation of CAN-SPAM, TCPA, or similar laws.
• Interfere with the operation of our infrastructure or other clients' services.
• Reverse-engineer, scrape, or copy proprietary tools, frameworks, or platforms developed by Aberrant.

11. Warranties & Disclaimers

We will perform services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED HEREIN OR IN A SIGNED AGREEMENT, ALL SERVICES, DELIVERABLES, AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABERRANT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT WILL NOT EXCEED THE FEES YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to defend, indemnify, and hold harmless Aberrant, Ridge Point Holdings, LLC, and our affiliates, officers, employees, and contractors from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) content, materials, or instructions you provided to us; (b) your products, services, or business operations; or (c) your breach of these Terms or applicable law.

14. Termination

Either party may terminate an engagement as set out in the SOW or MSA. Upon termination: (a) you remain responsible for all fees and reimbursable costs incurred through the termination date; (b) we will deliver work product completed through that date upon receipt of all outstanding payments; and (c) sections of these Terms that by their nature should survive (including IP, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or our services will be resolved exclusively in the state or federal courts located in Gwinnett County, Georgia, and the parties consent to personal jurisdiction in those courts. The parties agree to attempt good-faith resolution and, where appropriate, mediation before commencing litigation.

16. Force Majeure

Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.

17. Changes to These Terms

We may update these Terms from time to time by posting an updated version with a new "Last updated" date. Continued use of the Site or services after changes are posted constitutes your acceptance of the revised Terms. For active engagements, the Terms in effect when your SOW or MSA was signed govern that engagement unless both parties agree in writing to apply updates.

18. Miscellaneous

• Entire agreement. These Terms, together with any signed SOW or MSA and our Privacy Policy, are the entire agreement between you and Aberrant on the subject matter.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Independent contractors. Nothing here creates a partnership, joint venture, or employment relationship.

19. Contact

Questions about these Terms? Reach us at: