1. Acceptance of Terms
By accessing or using the nextcutmedia.net website, submitting a brief or contact request, or engaging Nextcut Media LLC ("Nextcut Media," "we," "us," or "our") for any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, prospective clients, clients, and any other users of the website.
2. Description of Services
Nextcut Media is a Birmingham, Alabama company that provides custom websites, AI-powered voice receptionist services, search engine optimization, automated review programs, revenue recovery campaigns, workflow audits, and brand mark / logo design for small businesses. Services are provided to business clients under a separate written Client Service Agreement that governs the specific terms, pricing, and obligations of the engagement. These Terms govern your use of the public website and any communications originating from it, including SMS notifications described in Section 5.
3. Use of the Website
You agree to use the nextcutmedia.net website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the website. Specifically, you agree not to:
- Use the website in any way that violates any applicable federal, state, local, or international law or regulation
- Attempt to gain unauthorized access to any portion of the website, its server infrastructure, or any connected systems
- Introduce viruses, trojans, worms, logic bombs, or other malicious material
- Use automated means (including bots, scrapers, or crawlers) to access, collect, or copy content from the website without prior written permission
- Submit false, misleading, or fraudulent information through any form on the website
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
4. Brief Requests and Inquiries
The nextcutmedia.net website includes a brief / contact request form for prospective clients. Submitting a brief request does not create a contractual relationship between you and Nextcut Media, and does not obligate Nextcut Media to provide services. By submitting a brief request, you consent to be contacted by Nextcut Media at the email address and phone number you provide, for the purpose of discussing your inquiry. You are responsible for the accuracy of the information you submit.
5. SMS Program Terms
Nextcut Media operates an SMS notification program as part of its AI receptionist and review automation services. This section describes the terms of that program.
5.1 Program description
The Nextcut Media SMS program delivers transactional text message notifications:
- Business client notifications — sent to business owners who engage our services, alerting them to new bookings, calls, and messages from their customers.
- End customer notifications — sent to individuals who call a business using our AI receptionist service and request a text, providing appointment confirmations and optional reminders.
- Review program SMS — sent to business clients' customers after a completed visit, with the customer's prior consent, asking for a review.
5.2 Consent and opt-in
Participation in the SMS program is voluntary. Consent is obtained in one of three ways depending on recipient type:
- Business clients provide written consent by signing the Nextcut Media Client Service Agreement and providing a mobile phone number for notifications on the signature page. By signing, the client authorizes Nextcut Media to send service-related SMS notifications to that number for the duration of the agreement.
- End customers (receptionist) provide verbal consent during their phone call with the AI receptionist. Messages are sent only to callers who affirmatively agree during the call.
- Website opt-in visitors complete the SMS opt-in form on nextcutmedia.net and check the consent box.
- Review-program customers provide consent to the business client at the point of service. The business client is responsible for obtaining that consent, and the Nextcut Media Client Service Agreement requires the client to confirm valid SMS consent before customer contact information is shared with us for the review program.
By consenting to receive SMS messages through any method, you agree to these SMS Program Terms.
5.3 Message frequency
Message frequency varies based on appointment and customer activity. Business clients typically receive one message per new booking, caller, or item requiring attention. End customers typically receive one confirmation message per appointment, with optional reminders. Review program recipients typically receive one message per completed appointment, plus a single follow-up if the first message is not answered.
5.4 Opt-out (STOP)
You may opt out of the SMS program at any time by replying STOP to any message you receive from Nextcut Media. After you reply STOP, you will receive a one-time confirmation message and will not receive further SMS messages from the number that sent the original message.
5.5 Help (HELP)
For assistance with SMS messages, reply HELP to any message, or contact Nextcut Media at the email address or phone number listed in Section 13.
5.6 Message and data rates
Message and data rates may apply. Please check with your mobile carrier for details regarding your messaging plan. Nextcut Media is not responsible for any charges imposed by your mobile carrier as a result of receiving SMS messages from our program. Mobile carriers are not liable for delayed or undelivered messages.
5.7 Privacy
No mobile information collected through the Nextcut Media SMS program will be shared with third parties or affiliates for marketing or promotional purposes. Mobile phone numbers and SMS consent records are used solely to deliver the notifications described in this section. For full details on how we handle personal information, see our Privacy Policy.
5.8 Supported carriers
The SMS program is supported on major U.S. mobile carriers. Carriers are not liable for delayed or undelivered messages. Message delivery is dependent on the recipient's mobile device, carrier, and coverage area.
6. Intellectual Property
All content published on the nextcutmedia.net website — including but not limited to text, graphics, logos, images, layout, and design — is the property of Nextcut Media LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, republish, distribute, or create derivative works from any content on the website without the prior written permission of Nextcut Media. Nothing in these Terms grants you any license or right to use any Nextcut Media trademark, trade name, or logo without express written consent.
7. Disclaimers
The nextcutmedia.net website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Nextcut Media disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nextcut Media does not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any information available through the website. Your use of the website is at your sole risk.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall Nextcut Media, its members, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunities, loss of data, or damage to reputation, arising out of or related to your use of the website, even if Nextcut Media has been advised of the possibility of such damages.
Nextcut Media's total cumulative liability to you for any and all claims arising out of or related to your use of the nextcutmedia.net website shall not exceed one hundred U.S. dollars ($100.00). This limitation does not apply to liability that cannot be excluded or limited under applicable law, and does not modify the separate limitation of liability provisions set forth in any signed Client Service Agreement between Nextcut Media and a business client.
9. Indemnification
You agree to indemnify, defend, and hold harmless Nextcut Media LLC and its members, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the website; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any information you submit through the website.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or your use of the nextcutmedia.net website shall be resolved exclusively in the state or federal courts located in Jefferson County, Alabama, and you consent to the personal jurisdiction of such courts. Nothing in this section modifies the dispute resolution procedures set forth in any signed Client Service Agreement between Nextcut Media and a business client, which shall control for disputes arising under that agreement.
11. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. Any severed provision shall be replaced, to the extent permitted by law, with a valid and enforceable provision that most closely reflects the intent of the original.
12. Changes to These Terms
Nextcut Media may update these Terms from time to time to reflect changes in our services, our practices, or applicable law. When we make material changes, we will update the effective date at the top of this page. Your continued use of the website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
13. Contact Us
If you have questions about these Terms, the SMS program, or any other matter related to the nextcutmedia.net website, contact us at:
Nextcut Media LLC
Birmingham, Alabama
Email: contactus@nextcut.media
Phone: (205) 953-8432