Terms and Conditions

1. About these terms

These Terms and Conditions (“Terms”) govern your use of dmddigitalseomarketingagency.com (the “Site”) and any quotes, proposals, or services you request from us. The Site is operated by DMD Digital LLC, an Arizona limited liability company (“DMD,” “we,” “us,” or “our”). “You” and “Client” mean the person or business using the Site or buying our services.

By using the Site, submitting a form, requesting a quote, or paying for services, you agree to these Terms. If you are accepting on behalf of a business, you confirm you have authority to bind that business. If you do not agree, please do not use the Site or our services.

2. Using our website

You must be at least 18 years old to use the Site or purchase services. You agree not to:

• Use the Site for any unlawful, fraudulent, or harmful purpose.
• Attempt to gain unauthorized access to the Site, its servers, or any connected systems.
• Scrape, copy, or harvest content or data from the Site by automated means without our written permission.
• Introduce viruses, malware, or any code intended to disrupt or damage the Site.
• Submit false information, impersonate another person, or send spam through our forms.

We may restrict or end access to the Site for anyone who violates these Terms.

3. Site content and intellectual property

All content on the Site, including text, graphics, logos, images, videos, case studies, pricing tools, and page designs, belongs to DMD or its licensors and is protected by U.S. and international intellectual property laws. You may view and print pages for your own personal or internal business use. You may not reproduce, republish, sell, or create derivative works from Site content without our written consent.

The DMD name and logo are our trademarks. Nothing on the Site grants you a license to use them.

If you believe content on the Site infringes your copyright, email us at clients@dmddigitalmarketingagency.com with a description of the work, where it appears on the Site, and your contact details, and we will review and respond promptly.

4. Quotes, proposals, and pricing

Prices, packages, and estimates shown on the Site or produced by our quote builder are for information only and are not a binding offer. Unless stated otherwise, a written quote or proposal is valid for 30 days from its date.

A quote becomes binding only when both parties sign a Master Services Agreement (“MSA”) and the related Service Addendums. We may correct pricing errors or typos at any time before an agreement is signed. Prices do not include applicable taxes, advertising spend, or third-party costs unless expressly stated.

5. Service agreements

Our client work is governed by a signed MSA and its Service Addendums, which describe the specific scope, fees, and minimum term for each service (such as SEO, Google Ads management, social media ads, backlink building, email marketing, video content, website design, and hosting and maintenance).

These Terms apply alongside your MSA. If anything in these Terms conflicts with a signed MSA or Service Addendum, the signed agreement controls for that engagement.

6. Fees, billing, and payment

• Monthly services are billed in advance and recur each month until cancelled as described below.
• One-time projects, such as website builds, follow the payment schedule in the applicable addendum. Website projects typically require a deposit before work begins, with the balance due before launch or transfer.
• Automatic payment. By providing a payment method, you authorize us to charge it for recurring and one-time fees when due.
• Late payments. Past-due amounts accrue a late fee of the lesser of 1.5% per month or the maximum allowed by Arizona law. We may pause or suspend services if an invoice is more than 10 days past due, and we are not responsible for any loss of rankings, ad delivery, or site availability caused by a suspension for non-payment.
• Out-of-scope work is billed at our standard rate of $125 per hour and begins only after your written approval.
• Chargebacks. You agree to contact us to resolve any billing concern before initiating a chargeback or payment dispute.

7. Advertising spend and third-party costs

Our management fees are separate from advertising spend. Unless agreed otherwise in writing, you pay advertising platforms (such as Google, Meta, or TikTok) directly, and management fees are earned regardless of campaign results.

You are also responsible for third-party costs that are not included in your addendum, such as software subscriptions, email platforms (for example, Mailchimp or Klaviyo), premium plugins, stock media, domain registration, and hosting.

8. Cancellation and refunds

• Monthly services may be cancelled by either party with 30 days’ written notice, subject to any minimum term in your agreement. You remain responsible for fees through the end of the notice period.
• Monthly fees already billed are non-refundable, including for partial months.
• Project deposits are non-refundable. If a project is cancelled, you pay for all work completed and any costs incurred up to the cancellation date.
• Termination for breach. Either party may terminate for a material breach that is not cured within 10 days of written notice.

When services end, we will provide reasonable help transferring accounts and assets you own, provided your account is paid in full.

9. Your responsibilities

Our work depends on your cooperation. You agree to:

• Provide timely access to your website, hosting, domain, analytics, Google Business Profile, advertising, and social media accounts as needed.
• Supply accurate business information, content, and materials, and respond to approval requests within a reasonable time.
• Make sure you own or have permission to use everything you give us, including logos, photos, text, and customer data.
• Make sure your products, services, offers, and claims comply with applicable laws and platform advertising policies.
• Tell us before you or another vendor makes changes to your site or accounts that could affect our work.

Delays caused by missing access, content, or approvals extend timelines but do not reduce fees.

10. No guarantee of results

Search rankings, traffic, leads, ad performance, and revenue depend on many factors outside our control, including search engine and platform algorithms, competition, market conditions, and your own website, offer, and budget. DMD does not guarantee any specific ranking, traffic level, number of leads, conversions, sales, or return on investment. No one can guarantee a #1 ranking on Google.

Projections, case studies, testimonials, and examples on the Site or in proposals illustrate past or possible outcomes and are not promises of future results. SEO and content work typically take several months to show meaningful results. Platforms may change their algorithms, policies, or terms, or may suspend or penalize accounts, at any time; we are not responsible for such changes or for penalties caused by your actions or the work of other vendors.

11. Website design, hosting, and maintenance

• Revisions. Website projects include the number of revision rounds stated in your agreement. Additional revisions are billed at $125 per hour.
• Unresponsive projects. If you do not respond for 30 days during a project, we may invoice completed work and pause the project. Restarting may require rescheduling.
• Launch. You are responsible for reviewing and approving your site before launch, including the accuracy of all content, prices, and legal notices.
• Hosting and maintenance plans renew monthly. Routine maintenance covers the items listed in your addendum; other support is billed hourly. If you cancel hosting, you are responsible for arranging new hosting, and we will provide a reasonable window to migrate your site.
• Accessibility and compliance. We build with modern best practices, but you remain responsible for your site’s legal compliance, including accessibility, privacy notices, and industry-specific regulations, unless a specific compliance service is included in writing.

12. Ownership of your deliverables

You keep ownership of all materials you provide to us and grant us a license to use them to perform the services.

Once you have paid in full for a deliverable, ownership of the final deliverable created for you (such as your website design, written content, and ad creative) transfers to you. We keep ownership of our pre-existing and proprietary tools, software, templates, processes, systems, and know-how, including any automation or AI tools used to produce the work (“DMD Tools”). Where DMD Tools are built into a deliverable, you receive a non-exclusive license to use them with that deliverable. Third-party components, such as themes, plugins, fonts, and stock media, remain subject to their own licenses.

You own your advertising and analytics accounts. We will provide admin access on request once your account is paid in full.

13. Confidentiality and privacy

We keep your non-public business information confidential and use it only to deliver our services. You agree to do the same with our non-public information, including pricing, proposals, and processes.

Information you submit through the Site is handled as described in our Privacy Policy, which forms part of these Terms.

14. Emails, calls, and text messages

By submitting your contact details through the Site, you agree that we may contact you by phone, email, or text message about your inquiry and our services. Message and data rates may apply. You can opt out of marketing texts at any time by replying STOP, and out of marketing emails by using the unsubscribe link. Consent to marketing messages is not a condition of purchasing any service.

You agree that agreements, notices, and signatures may be provided electronically and are valid under the Arizona Electronic Transactions Act and the federal E-SIGN Act.

15. Portfolio and testimonials

Unless you opt out in writing, we may name your business as a client and show the work we performed, including screenshots and results, in our portfolio and marketing. If you provide a review or testimonial, you allow us to publish it with your name and business name.

16. Third-party links and platforms

The Site may link to third-party websites and our services rely on third-party platforms such as Google, Meta, hosting providers, and plugin developers. We do not control and are not responsible for their content, availability, performance, pricing, policy changes, or data practices. Your use of those services is governed by their own terms.

17. Disclaimers

The Site and its content are provided for general information and are offered “as is” and “as available.” Marketing information on the Site is not legal, tax, or financial advice. Except as expressly stated in a signed agreement, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

18. Limitation of liability

To the fullest extent permitted by law, DMD will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, rankings, or data, arising from your use of the Site or our services, even if we were advised of the possibility.

Our total liability for any claim relating to our services will not exceed the fees you paid us for the specific service giving rise to the claim during the three (3) months before the event. For claims relating only to use of the Site, our total liability will not exceed $100.

19. Indemnification

You agree to defend, indemnify, and hold harmless DMD and its members, employees, and contractors from any claims, damages, and costs (including reasonable attorney’s fees) arising from your content, products, or services; your breach of these Terms or your agreement; your violation of any law or third-party right; or our authorized use of materials you supplied.

20. Events beyond our control

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, internet or power outages, platform outages, cyberattacks, government actions, or labor disruptions. Payment obligations for services already performed are not excused.

21. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Before filing any claim, both parties agree to try in good faith to resolve the dispute informally by written notice and discussion for at least 30 days.

Any lawsuit must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction. In any dispute arising from these Terms or our services, the prevailing party may recover its reasonable attorney’s fees and costs as allowed under A.R.S. § 12-341.01.

22. Changes to these terms

We may update these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date and applies from that date. Changes do not alter the terms of a signed MSA during its current term unless both parties agree in writing. Continued use of the Site after changes are posted means you accept the updated Terms.

23. General

These Terms, together with our Privacy Policy and any signed agreement, are the entire agreement between you and DMD about their subject matter. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our written consent; we may assign them in connection with a merger, sale, or reorganization. DMD is an independent contractor, and nothing in these Terms creates a partnership, employment, or agency relationship. Sections that by their nature should survive termination, including payment, ownership, disclaimers, limitation of liability, indemnification, and governing law, will survive.

24. Contact us

Questions about these Terms? Get in touch: