Terms and Conditions

Last updated: September 20, 2026

These terms govern your use of services provided by 5th Element Digital ("we," "us"), including web design, marketing, and account-notification services for local small businesses.

Our services

We build and maintain websites and marketing tools for client businesses, including an optional SMS customer-care program for client-business contacts.

Business workspaces and setup

A self-service workspace lets you manage inquiries, draft quotes, follow-up dates, and setup requests. Creating a workspace or submitting a setup request does not authorize a charge. Sales stages are records maintained by your team; changing a stage does not charge a customer or reserve an appointment.

Plans, trials, and billing

A new workspace starts a free 14-day trial of the Core plan with the Front Desk add-on. No card is required and nothing is charged during the trial. When the trial ends without a plan, the workspace becomes read-only: your records are kept, customers can still submit inquiries, and full access resumes when you choose a plan. A card saved during onboarding is used only when you choose a plan.

The Core plan is billed month to month or annually in advance. Either can be canceled at any time from the billing portal. A month-to-month plan ends at the close of the current billing period. An annual plan is refunded for the whole months it has not used, and the onboarding specialist fee waived at the time of that purchase is not charged back. Plan changes take effect at the next renewal unless we agree otherwise.

The Front Desk add-on is billed month to month whichever plan it sits on, is not discounted, includes 100 AI conversations a month, and can be removed at any time. Carrier SMS charges are passed through at cost. The onboarding specialist fee is a one-time charge made with your first plan payment and is waived when you pay annually in advance.

Prices are listed at 5thelementdigital.com/pricing. Applicable taxes, if any, appear at checkout. Where a legacy arrangement is billed separately, that arrangement continues to govern it.

24-hour custom website delivery

The standard website offer covers a custom business website of up to five pages with a connected inquiry form. The 24-hour delivery window begins when we confirm your completed brief, required assets, scope, and pricing. Domain transfers, DNS changes, and custom integrations have separate timelines. You are responsible for providing accurate business information and permission to use the assets you supply.

SMS customer-care program

The 5th Element Digital SMS program provides service-related account alerts and two-way customer care. Messages may notify you about activity related to your services, such as a new contact-form inquiry submitted to your own website or a shared demo being viewed. You may reply with questions or instructions, and 5th Element Digital may respond by text. Messages are sent only to opted-in contacts at existing client businesses, not to website visitors or contact-form submitters.

Giving a mobile number when you sign up, claim a site, or save it as your alert number in your dashboard is your agreement to receive these messages at that number. We confirm the number first: we text a one-time code to it, and nothing else is sent to that number until the code is entered back. A number you have not confirmed receives nothing but that code.

5th Element Digital does not purchase, sell, rent, or share leads or contact lists. This SMS program is not used for affiliate marketing, promotional offers, or cold outreach.

Message frequency varies based on account activity and your conversations with us. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchasing any goods or services. Mobile carriers are not liable for delayed or undelivered messages.

Reply STOP at any time to opt out. After opting out, you will receive a confirmation and no further messages unless you enroll again. Reply HELP for assistance, or email jason@5thelementdigital.com. See the complete SMS program and consent details and our Privacy Policy.

Acceptable use

You agree not to use our services for unlawful purposes or to send unsolicited marketing messages through our customer-care messaging system.

QuickBooks Online integration

The optional QuickBooks Online integration acts only after an authorized administrator connects a QuickBooks company. You represent that you are permitted to authorize that company and its data. The integration may create or update matching customers, items, invoices, and payments in QuickBooks and may record payments from QuickBooks against linked invoices in your workspace. You remain responsible for reviewing your books, mappings, tax treatment, and synchronization results.

You may disconnect QuickBooks from the workspace at any time. We will revoke the authorization and stop future synchronization, but disconnecting does not remove records already created in QuickBooks or in your workspace. QuickBooks is provided by Intuit and is also subject to Intuit's terms and privacy practices. The integration is an operational data-sync feature, not accounting, tax, or financial advice.

Liability

Our services are provided as-is. We are not liable for indirect or consequential damages arising from use of our website or alert service.

Changes

We may update these terms from time to time; the current version always applies.

Contact

Questions about these terms? Email jason@5thelementdigital.com.