Terms and Conditions

Terms of Service – Digital Marketing Concepts, Inc.

1. Introduction

This Terms of Service Agreement (“Agreement”) is entered into between you (the “Client”) and Digital Marketing Concepts, Inc. (“we,” “us,” or “our”). By using our services, websites, or digital tools, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, including our Privacy Policy and Cancellation Policy. If you do not agree to these terms, you should not use our services. We reserve the right to update these terms at any time, and such changes will become effective upon publication.

2. Key Definitions

  • Copyrights: Legal rights protecting original works, as defined under U.S. Copyright Law.
  • Trademarks: Distinctive symbols, names, or designs used to identify the origin of products or services.

3. Privacy Policy

Digital Marketing Concepts, Inc. is committed to safeguarding your personal information in accordance with applicable privacy laws. Our Privacy Policy explains the types of information we collect, the purpose for collection, and how we use, store, and protect your data. This applies to data collected via our websites (including digitalmarketingconcepts.us), mobile platforms, digital forms, and live or virtual events.

4. Use of Third-Party Platforms

Use of Third-Party Platforms (e.g.,  SemRush, Yext Listing) as part of their operations. While we may provide assistance with setup or integration, we do not manage or support your direct relationship with these platforms unless such services are white-labeled under our offerings.

  • Limited Responsibilities
    • We do not offer ongoing management or technical support for platforms we do not control.
    • Assistance is available at a standard rate of $45/hour upon request.
  • Client Responsibilities
    • You are solely responsible for the maintenance, support, and subscriptions of third-party platforms.
    • Any troubleshooting or technical issues should be addressed with the third-party provider.
  • No Liability
    • We are not liable for any malfunctions, service interruptions, or issues arising from your use of external platforms.

5. Use of Digital Tools & Analytics

We utilize a range of third-party tools to enhance service quality and track marketing performance. These include:

  • Google Analytics – Web traffic and user behavior analysis
  • Google Ads – Campaign and paid search management
  • Google Tag Manager – Tag deployment and tracking
  • Yext – Local listing accuracy and visibility
  • SEMRush & SEO PowerSuite – SEO analysis and tracking
  • AgencyAnalytics – Centralized reporting dashboards
  • CallTrackingMetrics – Call tracking and lead attribution
  • GreenGeeks & GoDaddy – Hosting, SSL, and domain services

Reports may be shared through dashboards (e.g., AgencyAnalytics) or as tailored summaries depending on campaign scope.

6. Reporting & Campaign Performance

  • Types of Reports Provided
    • Ad Campaign Reports: Metrics such as CTR, CPC, conversions (monthly)
    • SEO Reports: Rankings, traffic, keyword performance (monthly/quarterly)
    • Local SEO Reports: Directory consistency, search presence via Yext

7. Code of Conduct

  • Client Obligations
    • Submit accurate and truthful information.
    • Maintain professional and respectful communication.
    • Respond promptly to requests for feedback or project inputs.
    • Comply with all relevant laws, including intellectual property and accessibility standards.
    • Ensure you own or are licensed to use all submitted content.
  • Our Rights
    We reserve the right to:
    • Terminate services for violations of this Agreement or unprofessional conduct.
    • Pause projects due to missing payments, feedback, or materials.

8. Website Development

  • For New Clients
    • A 50% deposit is due at project start, with the remainder due at project completion. Base website packages start at $5,000.
  • For Existing Clients
    • Billed in full upon project completion. If the project is abandoned, a fee equivalent to work completed will be charged (minimum 50% of project total).

9. Force Majeure

We are not liable for delays or failure to perform due to uncontrollable events including but not limited to:

  • Acts of God
  • Natural disasters
  • War or terrorism
  • Strikes or labor disputes
  • Government actions
  • Pandemic or health emergencies
  • Internet or telecommunication outages

If service interruption continues beyond a reasonable period, either party may terminate the Agreement.

10. Legal Terms

  • Disclaimer of Warranties
    All services are provided “as is” without warranties or guarantees of uninterrupted performance.
  • Limitation of Liability
    We are not liable for damages including lost profits, data loss, service interruptions, or indirect damages resulting from your use of our services.
  • Indemnification
    You agree to hold us harmless from any claims or liabilities arising from your use of our services or breach of this Agreement.
  • Intellectual Property
    All materials, tools, and deliverables remain the property of Digital Marketing Concepts, Inc., and may not be copied, reproduced, or repurposed without written permission.
  • Independent Contractor
    Our relationship is that of an independent contractor. Nothing in this Agreement forms a legal partnership or joint venture.
  • Payment Terms
    Accepted payment methods: ACH, accruals, credit card, or check. All invoices are due within 30 days. Late payments incur a 5% monthly fee.
  • Refund Policy
    Refunds are not offered unless a billing error is identified.

11. Cancellation Policy

  • Notification
    • Cancellations must be submitted in writing 60 days in advance via email to webdev[at]digitalmarketingconcepts[dot]us.
  • Outstanding Balances
    • All outstanding balances must be paid in full before cancellation is finalized.
  • Marketing & Third-Party Services
    • Marketing campaigns will continue through the 60-day notice period and charges will apply.
    • We assist in transitioning services, but clients are responsible for canceling third-party accounts.
  • Website & Data Delivery
    • Once payment is complete, we will send website files (HTML, CSS, etc.) in a compressed format. We will retain a backup for 30 days, after which it will be deleted permanently.

12. Proprietary Assets

Our proprietary software, tools, and systems—such as the SEER Calculator, CI Tools, FAQs, Troubleshooter, paid ads conversion platforms, and marketing frameworks—are the exclusive intellectual property of Digital Marketing Concepts, Inc.

  • Non-Transferable: These tools are licensed for use only during the term of the agreement.
  • Post-Cancellation: Access to these proprietary elements will end immediately. They are not included in final website files or data exports.

13. Termination & Project Abandonment

  • You may discontinue services with 60 days’ notice.
  • If a project is inactive for 90 days, it may be archived or deleted after 180 days.
  • Resuming an abandoned project requires a new agreement and a minimum payment of $2,000.

14. Non-Solicitation Clause

For two years after the end of this Agreement, you agree not to solicit or hire any of our employees or contractors.

15. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information and not disclose it unless required by law.

16. General Provisions

  • Governing Law: This Agreement shall be governed by the laws of the State of Florida, USA.
  • Severability: If any part of this Agreement is deemed invalid, the remainder shall remain in effect.
  • Entire Agreement: This document represents the complete agreement and supersedes all prior discussions or agreements.

By continuing to use our services, you confirm your acceptance of these Terms and Conditions.