Terms of Service

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Agreement" means these Terms of Service including all Engagement Agreements, Service Orders, and addendums.
• "Client Materials" means all content, images, text, logos, trademarks, and other materials provided by Client for use in Services.
• "Deliverables" means all work product created by DVC for Client, including websites, ad campaigns, content, reports, and strategies.
• "Digital Domination Package" or "Premium Package" means DVC's integrated full-service digital marketing offering that combines PPC Management, SEO Authority Building, Conversion Rate Optimization, Marketing Automation, AI Website Support Agent, and strategic consulting.
• "Engagement Agreement" or "Service Order" means specific service contracts referencing these Terms.
• "Monthly Recurring Services" means ongoing services billed monthly including Digital Domination Packages, SEO, PPC management, hosting, and other subscription services.
• "Project-Based Services" means one-time services including web design, web development, and custom projects with defined deliverables.
• "Services" means all services provided by DVC across all service lines.
• "Third-Party Platforms" means external services including Google Ads, Microsoft Advertising, Facebook/Meta Ads, hosting providers, and AI platforms.
• "Work Product" means all deliverables, campaigns, websites, content, reports, and strategies created specifically for Client.

2. SCOPE OF SERVICES

DVC provides comprehensive digital marketing services. The specific services provided to Client shall be set forth in the applicable Engagement Agreement.

2.1 Digital Domination Packages (Premium Integrated Services)

Overview

Digital Domination Packages represent DVC's premium offering: fully integrated digital marketing systems designed to multiply results through strategic coordination. Typically priced at $8,000-$15,000+ per month.

Six Core Components:

• Google Ads Multiplication — Strategic optimization and advanced testing
• SEO Authority Building — Long-term organic visibility development
• Conversion Rate Optimization — Systematic landing page and form improvement
• Marketing Automation — Automated lead nurturing and follow-up
• AI Website Support Agent — 24/7 intelligent chatbot for lead capture
• Full-Funnel Integration — Strategic consulting and reporting

Package Tiers:

• CORE: $8K-$10K/month (ad spend $50K-$100K/month)
• GROW: $10K-$13K/month (ad spend $100K-$200K/month)
• DOMINATE: $13K-$15K+/month (ad spend $200K+/month)

3. CLIENT OBLIGATIONS

Client agrees to:

• Provide complete, accurate, and timely information
• Pay all fees when due
• Cooperate fully with DVC
• Grant necessary platform access

Hold Harmless

Client indemnifies DVC from all claims arising from Client's information, conduct, content, or breach of this Agreement.

4. FEES AND PAYMENT TERMS

4.1 Premium Package Pricing

• Digital Domination Packages: $8,000-$15,000+ per month
• Stand-alone PPC: 10-20% of ad spend (minimum $500-$1,500/month)
• Stand-alone SEO: $1,500-$5,000+/month

4.2 Payment Terms

• Monthly recurring: Due on billing date
• Project deposits: 50% due upon contract execution
• Credit cards: 3% processing fee
• ACH/Check: No fee

4.3 Late Payment

• Late fee: 1.5% per month (18% APR)
• Services suspended immediately upon late payment
• Client liable for ALL collection costs including attorney fees

5. INTELLECTUAL PROPERTY RIGHTS

DVC Retains:

• All proprietary methodologies and strategies
• Lead generation algorithms and data sources
• Proprietary software and tools

Client Owns (after full payment):

• Custom website designs and code
• Custom content and ad copy
• Lead data delivered during service

6. CONFIDENTIALITY & DATA PROTECTION

6.1 Mutual Confidentiality Obligations

Both Parties Agree:

• Maintain strict confidentiality of all Confidential Information
• Use Confidential Information only for purposes of this Agreement
• Protect Confidential Information with same care as own confidential information (but no less than reasonable care)
• Not disclose to third parties without written consent
• Return or destroy Confidential Information upon termination

Confidential Information Includes:

• Business strategies and marketing plans
• Lead generation methodologies and data sources (DVC)
• Client financial information and business data
• Proprietary algorithms and software (DVC)
• Trade secrets and intellectual property (both parties)
• Client lists and business relationships
• Analytics data and performance metrics
• All communications regarding services
• Login credentials and access information

Exceptions - May Disclose When:

• Required by law, court order, or regulatory authority
• With prior written consent of disclosing Party
• To professional advisors bound by confidentiality obligations
• Information already publicly available through no breach
• Information independently developed without use of confidential information
• To enforce rights under this Agreement

6.2 Data Security and Protection Measures

DVC Implements:

• Industry-standard encryption for data transmission and storage (TLS 1.2+, AES256)
• Multi-factor authentication for system access
• Regular security assessments and penetration testing
• Network segmentation and firewall protection
• Access controls limiting employee access to need-to-know basis
• Secure file transmission portals for client data exchange
• Regular staff training on data security and privacy
• Incident response plan for security events
• Business continuity and disaster recovery plans

Physical Security:

• Secure office facility with controlled access
• Locked file cabinets for physical documents
• Clean desk policy for sensitive information
• Secure document destruction (shredding)

Third-Party Security:

• Due diligence on all vendors and subcontractors
• Written data protection agreements with all vendors
• Regular vendor security assessments
• Cloud providers meet industry standards (SOC 2, ISO 27001)

6.3 Data Breach Notification

In Event of Data Breach Affecting Client Information, DVC Will:

• Conduct immediate investigation of scope and impact
• Notify affected Clients as required by applicable law
• Notification within timeframe required by state and federal law (typically 30-60 days)
• Provide information about nature of breach and data affected
• Recommend steps Client should take to protect themselves
• Cooperate with law enforcement and regulatory authorities
• Implement additional security measures to prevent recurrence

Notice Will Include:

• Description of incident and date discovered
• Types of information involved
• Steps DVC has taken to address breach
• Contact information for Client questions
• Resources available (credit monitoring if applicable)

6.4 Privacy Policy and Personal Information

Personal Information Collection and Use:

• Client's personal information handled per DVC Privacy Policy
• Privacy Policy available at www.digitalvisibilityconcepts.com/privacy-policy
• Privacy Policy incorporated herein by reference
• DVC collects only information necessary for services
• Information used solely for purposes of providing services

Types of Information Collected:

• Contact information (name, address, phone, email)
• Business information (entity details, industry, services)
• Website analytics data
• Marketing campaign data
• Payment information (processed securely)
• Communications and correspondence
• Billing and transaction history

Information Sharing:

• Never sold or rented to third parties
• Shared only as necessary to provide services (hosting providers, analytics platforms, etc.)
• Shared when required by law
• Shared with professional advisors under confidentiality
• Third parties bound by confidentiality obligations

Lead Generation Data:

• Lead data (names, addresses, phone numbers) provided for Client's professional use
• Client responsible for complying with privacy laws in use of lead data
• DVC complies with privacy laws in collection and processing
• Lead data not shared with other attorneys (exclusivity protection)

6.5 Website Analytics and Tracking

Client Websites May Include:

• Google Analytics for traffic and behavior analysis
• Facebook Pixel for advertising retargeting
• LinkedIn Insight Tag for B2B marketing
• Other tracking pixels and cookies for marketing purposes

Client Acknowledges:

• Third-party analytics platforms have their own privacy policies
• DVC will implement tracking per industry best practices
• Client may request specific tracking exclusions
• Client responsible for website privacy policy compliance

6.6 Confidentiality Survival

Confidentiality obligations survive:

• Termination of this Agreement
• Completion of services
• For period of 7 years after termination
• Indefinitely for trade secrets and proprietary information
• As required by professional standards and law

7. WARRANTIES AND DISCLAIMERS

DVC DOES NOT GUARANTEE:

• Specific search engine rankings or traffic levels
• Guaranteed PPC ROI or conversion rates
• Lead generation volume consistency
• Protection from algorithm changes
• Immunity from platform suspensions
• Specific revenue increases

Services provided "AS IS" without warranties of merchantability or fitness for particular purpose.

8. LIMITATION OF LIABILITY

8.1 Maximum Liability Cap

DVC's maximum aggregate liability limited to LESSER of:

• Total fees paid by Client in preceding 6 months for specific service causing claim, OR
• $50,000

8.2 Excluded Damages

NO liability for: indirect, consequential, or punitive damages; lost profits; lost opportunities; business interruption

8.3 Client Indemnification

Client indemnifies DVC from all claims arising from Client's breach, content, conduct, or use of services.

9. TERM AND TERMINATION

9.1 Term

Begins upon execution or payment. Continues per Engagement Agreement or until terminated.

9.2 Termination by Client

• 30 days' written notice required for recurring services
• Fees due through termination date (no pro-rata refunds)

9.3 Termination by DVC

DVC may terminate immediately for: non-payment, material breach, false information, policy violations, illegal conduct, or abusive behavior.

10. COMMUNICATION PREFERENCES AND CONSENT

10.1 Consent to Communications

By accepting these Terms, Client consents to receive communications from DVC via:

• Telephone (including mobile phone)
• Text messages (SMS/MMS)
• Email
• Video conferencing platforms (Zoom, Google Meet, etc.)
• Project management tools (Asana, Trello, ClickUp, etc.)
• Instant messaging (Slack, if applicable)

Types of Communications:

Essential Service Communications:

• Project updates and milestone notifications
• Campaign performance alerts and urgent issues
• Website downtime or security alerts
• Payment confirmations and receipts
• Payment reminders and past due notices
• Account access issues or password resets
• System maintenance and scheduled downtime notices
• Lead delivery notifications (for Lead Intelligence clients)

Administrative Communications:

• Meeting confirmations and reminders
• Engagement Agreement documents and renewals
• Policy updates and Terms of Service changes
• Monthly reports and analytics
• Satisfaction surveys and feedback requests

Marketing Communications (Separate Opt-In):

• DVC promotional offers and service announcements
• Educational content and marketing tips
• Webinar and training event invitations
• Newsletter and blog updates
• Case studies and industry insights

10.2 Opt-Out Rights

Client May Opt-Out of:

• Marketing and promotional communications
• Educational content communications
• Newsletter and blog updates
• Webinar and event invitations

Client CANNOT Opt-Out of:

• Essential service and payment communications
• Project updates and critical alerts
• Security and fraud notifications
• Legal notices and Agreement updates

How to Opt-Out:

• Email: optout@digitalvisibilityconcepts.com
• Phone: (800) 589-7346
• Follow unsubscribe links in emails
• Reply STOP to text messages

10.3 Response Time Expectations

DVC Standard Response Times:

• General inquiries: 1-2 business days
• Urgent project issues: 4-8 hours during business hours
• Critical emergencies (website down, security breach): 1-2 hours
• Monthly report questions: 2-3 business days
• Outside business hours: Next business day

Client Responsibilities:

• Maintain current contact information
• Check email and project management tools regularly
• Respond to time-sensitive requests within 2-3 business days
• Mark urgent issues clearly in communications
• Notify DVC of communication delivery failures

10.4 Business Hours

DVC Business Hours:

• Monday-Friday: 9:00 AM - 6:00 PM EST
• Closed: Weekends and major U.S. holidays
• Emergency support available for critical issues (Enterprise hosting clients)

After-Hours Support:

• Available for Enterprise hosting clients only
• Emergency issues only (website down, security breach)
• Additional fees may apply: $200/hour (1-hour minimum)
• Non-emergency issues handled next business day

11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Mandatory Binding Arbitration

ALL disputes shall be resolved through binding arbitration rather than in court.

11.2 Arbitration Opt-Out

YOU MAY OPT OUT within 30 days:

• Send written notice to legal@digitalvisibilityconcepts.com stating "I opt out of the arbitration provision"

11.3 Class Action Waiver

Client waives right to participate in class actions, class arbitrations, and jury trials.

11.4 Governing Law

Florida law governs. Exclusive jurisdiction in Alachua County, Florida courts.

12. ADDITIONAL TERMS

12.1 Independent Contractor Relationship

DVC is Independent Contractor:

• No employer-employee relationship exists
• No partnership, joint venture, or agency relationship
• DVC not authorized to bind Client or make commitments on Client's behalf
• Each party responsible for own taxes and insurance
• No benefits, workers' compensation, or unemployment insurance provided

12.2 Non-Solicitation

Client Agrees NOT to:

• Solicit, recruit, or hire DVC employees or contractors
• Encourage DVC personnel to terminate employment
• Engage DVC team members for independent services
• Assist third parties in recruiting DVC personnel

Duration: During term and for 2 years after termination

Liquidated Damages: $25,000 per solicited individual plus recruitment costs

12.3 Non-Disparagement

Mutual Non-Disparagement - Neither Party shall:

• Make false, misleading, or negative public statements about the other
• Disparage other Party's reputation, services, or personnel
• Post negative reviews containing false information
• Damage other Party's business relationships

Duration: During term and for 3 years after termination

Exceptions:

• Truthful responses to direct questions
• Honest reviews if factually accurate and not malicious
• Statements required by law or legal proceedings

12.4 Entire Agreement

This Agreement Constitutes:

• Entire agreement between parties
• Supersedes all prior agreements, understandings, and communications
• May only be modified in writing signed by both parties
• Engagement Agreements supplement but do not replace these Terms

12.5 Severability

If Any Provision Deemed Invalid:

• Remaining provisions remain in full force
• Invalid provision reformed to minimum extent necessary
• Parties' intent to be effectuated to maximum extent possible

12.6 Waiver

Failure to Enforce:

• Failure to enforce any provision is not a waiver
• Waiver of one breach is not waiver of subsequent breaches
• All waivers must be in writing

12.7 Assignment

DVC May Assign:

• This Agreement to affiliated entities
• This Agreement in connection with merger, acquisition, or sale
• Specific service delivery to qualified subcontractors

Client May NOT Assign:

• Without DVC's prior written consent
• Assignment attempts are void

12.8 Force Majeure

Neither Party Liable for Delays Due to:

• Acts of God, natural disasters
• War, terrorism, civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Pandemics or public health emergencies
• Strikes or labor disputes
• Third-party platform failures

Effect:

• Performance obligations suspended during force majeure
• Parties will use reasonable efforts to minimize impact
• If force majeure exceeds 60 days, either party may terminate

12.9 Notices

All Notices Must Be:

• In writing
• Sent to addresses specified in Engagement Agreement or updated addresses on file
• Delivered via email (with confirmation), certified mail, or overnight courier

Notice Deemed Effective:

• Email: Upon confirmation of delivery
• Mail: 3 business days after postmark
• Overnight: Upon delivery confirmation

12.10 Headings

Section Headings:

• For convenience only
• Do not affect interpretation
• Not part of substantive terms

12.11 Counterparts and Electronic Signatures

Agreement May Be Executed:

• In counterparts (each an original, together one agreement)
• With electronic signatures (valid and binding per E-SIGN Act)
• Electronic delivery of signed documents acceptable

13. CONSUMER PROTECTION AND STATE-SPECIFIC RIGHTS

13.1 Consumer Protection Compliance

Nothing in Agreement Limits:

• Rights under state or federal consumer protection laws
• Mandatory cooling-off periods required by law
• State-specific consumer rights
• FTC or state attorney general enforcement authority

13.2 State-Specific Provisions

California Residents:

• May have additional rights under California Consumer Privacy Act (CCPA)
• See Privacy Policy for California-specific rights
• "Shine the Light" disclosure: DVC does not share personal information for third-party direct marketing

New York Residents:

• Three-day right to cancel for in-home sales (if applicable)
• Attorney advertising rules apply to attorney clients

Other States:

• State-specific consumer protection laws apply
• Client should consult local consumer protection agency for rights

13.3 Accessibility

DVC Provides:

• Reasonable accommodations for persons with disabilities
• Compliance with Americans with Disabilities Act (ADA)
• Contact accessibility@digitalvisibilityconcepts.com for accommodation requests

14. ACCEPTANCE OF TERMS

By Any of the Following Actions, Client Accepts These Terms:

• Signing any Engagement Agreement referencing these Terms
• Clicking "I Accept" or similar button on DVC website or portal
• Making payment for DVC services
• Allowing DVC to begin work on Client's behalf

Client Acknowledges:

• Reading and understanding these Terms of Service
• Opportunity to consult with attorney before accepting
• Voluntary acceptance without duress or coercion
• Capacity and authority to enter binding agreement