TERMS AND CONDITIONS
Modern Business Marketing
Address: 1317 Edgewater Dr, Orlando, FL 32804
Phone: (866) 561-4614
Email: help@modernbusinessmarketing.com
Website: https://ModernBusinessMarketing.com
1. ACCEPTANCE OF TERMS
By purchasing, subscribing to, or using any services provided by Modern Business Marketing (“Company,” “we,” “us,” or “our”), you (“Client,” “Customer,” or “you”) agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use our services.
Acceptance Through Purchase or Payment: Client’s purchase of services, submission of payment, or use of any Company services constitutes full acceptance of these Terms and Conditions. No separate signature or written agreement is required. Payment for services serves as Client’s electronic acceptance and agreement to be legally bound by these terms.
Availability of Terms: These Terms and Conditions are publicly available at https://ModernBusinessMarketing.com/terms-and-conditions and Client is responsible for reviewing them before purchasing or using services.
Terms Subject to Change: Modern Business Marketing reserves the right to modify, amend, or update these Terms and Conditions at any time. Updated terms will be posted at https://ModernBusinessMarketing.com/terms-and-conditions. Material changes will be communicated to active clients via email at least 30 days before taking effect. Continued use of services after changes take effect constitutes acceptance of the modified terms. Client is responsible for periodically reviewing the Terms and Conditions for updates.
These Terms and Conditions apply to all services offered by Modern Business Marketing and work in conjunction with any service-specific agreements, proposals, or contracts.
2. SERVICE SCOPE & LIMITATIONS
Modern Business Marketing offers distinct service packages, each with specific deliverables and limitations. Clients are responsible for understanding which services they have subscribed to and the scope of those services.
2.1 SEO for WordPress Sites
Service Overview:
Modern Business Marketing provides search engine optimization services using our proprietary software, processes, and procedures that are proven effective strategies. Those strategies are adjusted and subject to change based on search engine and AI algorithm changes.
Reporting & Tracking:
- Keyword research and selection for agreed-upon target keywords
- Monthly ranking reports via BrightLocal for tracked keywords only
Important Limitations:
SEO services are limited to keywords explicitly listed in monthly BrightLocal ranking reports provided to Client. Third-party SEO tools (SEMrush, Ahrefs, Moz, SpyFu, or similar) may display keywords outside our agreed scope. Modern Business Marketing is not responsible for rankings of keywords not included in official monthly BrightLocal reports.
Client acknowledges that our SEO methodologies, techniques, and strategies are proprietary and may be modified at any time to maintain effectiveness as search engines and AI algorithms evolve.
SEO Performance Expectations and Limitations:
No Guarantee of Rankings:
Modern Business Marketing does NOT and can NOT guarantee rankings in any search engine (Google, Bing, etc.) or AI platform (ChatGPT, Perplexity, Claude, etc.). The goal of SEO packages is to optimize the Client’s digital properties to be recognized by search engines on search engine results pages (SERPs). Actual ranking positions are determined by search engine algorithms that are outside our control.
Competition Levels:
SEO competition varies significantly by keyword and geographic market. Some keywords and cities have substantially higher competition levels and require longer timeframes to achieve meaningful rankings. Highly competitive keywords may require 6-12+ months of consistent optimization before seeing significant results. Client acknowledges that competition levels directly impact ranking timelines and that some markets may never achieve top rankings regardless of optimization efforts due to established competitor dominance.
Geographic Ranking and Proximity:
SEO rankings are heavily influenced by proximity to the business address. Search engines prioritize showing businesses closest to the searcher’s location. Our SEO packages focus on ranking the Client’s business around their physical business address and gradually expanding outward. How far rankings expand geographically is limited by search engine algorithms, competition levels, and proximity factors outside our control.
Each SEO package is intended for ONE business address in ONE city. Rankings in additional cities or locations cannot be guaranteed or controlled beyond best-effort optimization.
Multi-Location Ranking:
If Client desires to rank in multiple cities or locations, we strongly recommend establishing a verified physical business address with a verified Google Business Profile in each target city. Without a physical presence and verified GBP in a target city, ranking efforts are best-effort only and face significant algorithmic limitations. Modern Business Marketing cannot guarantee multi-city rankings without corresponding physical business locations.
Client Participation Requirements:
SEO success is significantly enhanced by Client participation in reputation management and local engagement activities. We highly recommend that Client:
- Actively request and obtain reviews from satisfied customers (keyword-integrated reviews provide additional SEO value)
- Respond to all customer reviews with thoughtful, keyword-integrated responses
- Encourage staff and customers to use the “Directions” button in Google Maps to navigate to the business location
- Maintain accurate and consistent business information across all online platforms
These activities signal to search engines that the business is active, engaged, and legitimate, which positively impacts ranking potential. However, Client’s failure to participate in these recommended activities does not constitute grounds for refund or service complaint.
Proprietary SEO Tools and Licensed Software:
Modern Business Marketing uses proprietary SEO tools and premium software that are licensed to the Company. During your active SEO subscription, you receive authorization to benefit from these tools as part of our service delivery. These tools may include but are not limited to:
- Rank tracking and monitoring software
- SEO analysis and audit tools
- Link building and management platforms
- Content optimization software
- Schema markup generators
- Local SEO management tools
- Premium WordPress plugins (Rank Math Pro, Rank Assassin, etc.)
- Other proprietary and third-party licensed SEO software
Upon Cancellation of SEO Services:
- All proprietary SEO tools and licensed software will be removed within 7 business days
- Company will cease all automated SEO processes and optimizations
- Client may purchase licenses directly from software manufacturers if they wish to continue using specific tools
- Some SEO enhancements and functionality may be lost if Client does not obtain independent licenses
- Client has 7 days to identify and purchase any software licenses they wish to maintain
NOT Included:
- WordPress maintenance, plugin updates, or security patches
- Website hosting management or server administration
- Premium plugin license management (unless separately contracted)
- Website speed optimization or performance tuning
- Ranking guarantees for keywords not listed in BrightLocal reports
- Rankings in third-party tools (SEMrush, Ahrefs, etc.) outside our tracked keyword list
- Website backups or disaster recovery
- Content writing (unless separately contracted)
- Technical website modifications or programming (see Web Programming services)
2.2 SEO for Non-WordPress Sites
Service Overview:
Modern Business Marketing provides search engine optimization services using our proprietary software, processes, and procedures that are proven effective strategies. Those strategies are adjusted and subject to change based on search engine and AI algorithm changes.
Reporting & Tracking:
- Keyword research and selection for agreed-upon target keywords
- Monthly ranking reports via BrightLocal for tracked keywords only
Important Limitations:
SEO services are limited to keywords explicitly listed in monthly BrightLocal ranking reports provided to Client. Third-party SEO tools (SEMrush, Ahrefs, Moz, SpyFu, or similar) may display keywords outside our agreed scope. Modern Business Marketing is not responsible for rankings of keywords not included in official monthly BrightLocal reports.
Client acknowledges that our SEO methodologies, techniques, and strategies are proprietary and may be modified at any time to maintain effectiveness as search engines and AI algorithms evolve.
SEO Performance Expectations and Limitations:
No Guarantee of Rankings:
Modern Business Marketing does NOT and can NOT guarantee rankings in any search engine (Google, Bing, etc.) or AI platform (ChatGPT, Perplexity, Claude, etc.). The goal of SEO packages is to optimize the Client’s digital properties to be recognized by search engines on search engine results pages (SERPs). Actual ranking positions are determined by search engine algorithms that are outside our control.
Competition Levels:
SEO competition varies significantly by keyword and geographic market. Some keywords and cities have substantially higher competition levels and require longer timeframes to achieve meaningful rankings. Highly competitive keywords may require 6-12+ months of consistent optimization before seeing significant results. Client acknowledges that competition levels directly impact ranking timelines and that some markets may never achieve top rankings regardless of optimization efforts due to established competitor dominance.
Geographic Ranking and Proximity:
SEO rankings are heavily influenced by proximity to the business address. Search engines prioritize showing businesses closest to the searcher’s location. Our SEO packages focus on ranking the Client’s business around their physical business address and gradually expanding outward. How far rankings expand geographically is limited by search engine algorithms, competition levels, and proximity factors outside our control.
Each SEO package is intended for ONE business address in ONE city. Rankings in additional cities or locations cannot be guaranteed or controlled beyond best-effort optimization.
Multi-Location Ranking:
If Client desires to rank in multiple cities or locations, we strongly recommend establishing a verified physical business address with a verified Google Business Profile in each target city. Without a physical presence and verified GBP in a target city, ranking efforts are best-effort only and face significant algorithmic limitations. Modern Business Marketing cannot guarantee multi-city rankings without corresponding physical business locations.
Client Participation Requirements:
SEO success is significantly enhanced by Client participation in reputation management and local engagement activities. We highly recommend that Client:
- Actively request and obtain reviews from satisfied customers (keyword-integrated reviews provide additional SEO value)
- Respond to all customer reviews with thoughtful, keyword-integrated responses
- Encourage staff and customers to use the “Directions” button in Google Maps to navigate to the business location
- Maintain accurate and consistent business information across all online platforms
These activities signal to search engines that the business is active, engaged, and legitimate, which positively impacts ranking potential. However, Client’s failure to participate in these recommended activities does not constitute grounds for refund or service complaint.
Proprietary SEO Tools and Licensed Software:
Modern Business Marketing uses proprietary SEO tools and premium software that are licensed to the Company. During your active SEO subscription, you receive authorization to benefit from these tools as part of our service delivery. These tools may include but are not limited to:
- Rank tracking and monitoring software
- SEO analysis and audit tools
- Link building and management platforms
- Content optimization software
- Schema markup generators
- Local SEO management tools
- Other proprietary and third-party licensed SEO software
Upon Cancellation of SEO Services:
- All proprietary SEO tools and licensed software will be removed within 7 business days
- Company will cease all automated SEO processes and optimizations
- Client may purchase licenses directly from software manufacturers if they wish to continue using specific tools
- Some SEO enhancements and functionality may be lost if Client does not obtain independent licenses
- Client has 7 days to identify and purchase any software licenses they wish to maintain
NOT Included:
- Website hosting management or server administration
- Direct code implementation (recommendations only, unless Web Programming services purchased)
- Website speed optimization or performance tuning
- Ranking guarantees for keywords not listed in BrightLocal reports
- Rankings in third-party tools outside our tracked keyword list
- Website backups or disaster recovery
- Content writing (unless separately contracted)
- Technical website modifications or programming (see Web Programming services)
2.3 Meta Ads Management
Service Overview:
Modern Business Marketing provides comprehensive Facebook and Instagram advertising campaign management to help businesses reach their target audiences and achieve marketing objectives.
Included:
- Facebook and Instagram advertising campaign setup and management
- Ad graphic design and creative development
- Audience targeting and optimization
- Monthly performance reporting
- Budget management and optimization
- A/B testing of ad variations
Client Approval Required:
- Client must review and approve all ad designs and copy before campaigns go live
- No ads will be published without explicit written approval from Client
Platform Setup, Verification, and Credit Qualification:
Third-Party Platform Delays:
Client acknowledges that Meta (Facebook/Instagram) advertising setup and account verification are subject to delays and requirements that are entirely beyond Modern Business Marketing’s control. These delays may include but are not limited to:
- Meta Business Manager verification processes
- Ad account verification and identity confirmation
- Payment method verification
- Business documentation review
- Review of business websites and landing pages
- Additional security verifications required by Meta
- Appeals processes if accounts are initially restricted
Timeline Disclaimer: Meta’s verification processes can take anywhere from 24 hours to several weeks depending on Meta’s internal processes, documentation requirements, and security reviews. Company has no control over Meta’s verification timelines.
Credit Qualification:
Meta extends advertising credit to individuals and corporations based entirely on their own qualification criteria and policies. Modern Business Marketing has no control over, influence on, or responsibility for:
- Whether Client qualifies for Meta advertising credit
- Credit limits assigned by Meta
- Payment method requirements imposed by Meta
- Account spending limits or restrictions
- Meta’s decision to approve or deny advertising privileges
Client acknowledges that Meta makes independent determinations about credit worthiness and advertising eligibility, and Company cannot guarantee Client will be approved for advertising credit or any specific credit limit.
Go High Level CRM Setup and Compliance:
Modern Business Marketing utilizes Go High Level CRM software for lead tracking, text message auto-responders, and email auto-responders as part of our advertising management services.
Required Verifications:
Go High Level requires verification processes to ensure compliance with:
- Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act
- State and federal telecommunications regulations
- SMS carrier requirements and guidelines
- Email deliverability and anti-spam compliance
These verification processes may include:
- Business verification documentation
- Phone number registration and verification
- Domain authentication for email sending
- Compliance documentation review
- Carrier approval processes for SMS messaging
Timeline Disclaimer: Go High Level verification processes and carrier approvals can take anywhere from 48 hours to several weeks depending on the completeness of documentation, carrier review processes, and compliance requirements. Company has no control over third-party verification timelines.
Setup Activities Are Non-Billable:
All platform setup activities, verification assistance, and guidance through approval processes are included as part of our advertising management services at no additional charge. However:
- Setup delays do NOT pause monthly recurring billing
- Monthly subscription fees continue during setup and verification periods
- Fees are collected for services and guidance rendered during the setup phase
- No refunds or credits will be issued for platform verification delays
- Company provides expert guidance and support throughout the entire setup process
Client Responsibility During Setup:
Client is responsible for:
- Providing accurate business information and documentation promptly
- Responding to Company requests for information within 48 hours
- Providing requested verification documents to platforms when required
- Maintaining valid payment methods for ad platforms
- Understanding that setup timelines are estimates and subject to third-party platform processes
Data Access Upon Cancellation:
Upon cancellation of Meta Ads Management services, Client will have 14 business days to access and download any data, leads, reports, or information from the Go High Level CRM application. After 14 business days:
- Client’s access to Go High Level will be permanently removed
- All lead data, conversation history, and CRM records will no longer be accessible to Client
- Company is not responsible for providing data exports after the 14-day period
- Client is solely responsible for downloading and backing up any data they wish to retain
Client should immediately download all needed data upon submitting cancellation notice.
NOT Included:
- Landing page design and implementation (available for additional fee)
- Organic social media posting (see Social Media Management)
- SEO services or website optimization
- Ad spend budget (Client pays Meta directly)
- Guaranteed results, leads, or ROI
- Guaranteed approval for advertising accounts or credit
- Refunds or credits for platform verification delays
2.4 Google Ads & YouTube Ads Management
Service Overview:
Modern Business Marketing provides comprehensive Google Search, Display, and YouTube advertising campaign management to help businesses reach customers actively searching for their products and services.
Included:
- Google Search, Display, and YouTube advertising campaign setup and management
- Keyword research and targeting
- Ad copy creation and optimization
- Audience targeting and optimization
- Monthly performance reporting
- Budget management and optimization
Client Approval Required:
- Client must review and approve all ad copy, keywords, and targeting before campaigns go live
- No ads will be published without explicit written approval from Client
Platform Setup, Verification, and Credit Qualification:
Third-Party Platform Delays:
Client acknowledges that Google Ads account setup and verification are subject to delays and requirements that are entirely beyond Modern Business Marketing’s control. These delays may include but are not limited to:
- Google Ads account verification processes
- Business identity confirmation and documentation review
- Payment method verification and approval
- Website policy compliance review
- Ad content and landing page review
- Additional security verifications required by Google
- Suspension appeals if accounts are initially restricted
Timeline Disclaimer: Google’s verification processes can take anywhere from 24 hours to several weeks depending on Google’s internal processes, policy reviews, and security requirements. Company has no control over Google’s verification timelines.
Credit Qualification:
Google extends advertising credit to individuals and corporations based entirely on their own qualification criteria and policies. Modern Business Marketing has no control over, influence on, or responsibility for:
- Whether Client qualifies for Google Ads credit
- Credit limits assigned by Google
- Payment method requirements imposed by Google
- Account spending limits or restrictions
- Google’s decision to approve or deny advertising privileges
- Automated billing threshold determinations
Client acknowledges that Google makes independent determinations about credit worthiness and advertising eligibility, and Company cannot guarantee Client will be approved for advertising credit or any specific credit limit.
Go High Level CRM Setup and Compliance:
Modern Business Marketing utilizes Go High Level CRM software for lead tracking, text message auto-responders, and email auto-responders as part of our advertising management services.
Required Verifications:
Go High Level requires verification processes to ensure compliance with:
- Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act
- State and federal telecommunications regulations
- SMS carrier requirements and guidelines
- Email deliverability and anti-spam compliance
These verification processes may include:
- Business verification documentation
- Phone number registration and verification
- Domain authentication for email sending
- Compliance documentation review
- Carrier approval processes for SMS messaging
Timeline Disclaimer: Go High Level verification processes and carrier approvals can take anywhere from 48 hours to several weeks depending on the completeness of documentation, carrier review processes, and compliance requirements. Company has no control over third-party verification timelines.
Setup Activities Are Non-Billable:
All platform setup activities, verification assistance, and guidance through approval processes are included as part of our advertising management services at no additional charge. However:
- Setup delays do NOT pause monthly recurring billing
- Monthly subscription fees continue during setup and verification periods
- Fees are collected for services and guidance rendered during the setup phase
- No refunds or credits will be issued for platform verification delays
- Company provides expert guidance and support throughout the entire setup process
Client Responsibility During Setup:
Client is responsible for:
- Providing accurate business information and documentation promptly
- Responding to Company requests for information within 48 hours
- Providing requested verification documents to platforms when required
- Maintaining valid payment methods for Google Ads
- Understanding that setup timelines are estimates and subject to third-party platform processes
Data Access Upon Cancellation:
Upon cancellation of Google Ads & YouTube Ads Management services, Client will have 14 business days to access and download any data, leads, reports, or information from the Go High Level CRM application. After 14 business days:
- Client’s access to Go High Level will be permanently removed
- All lead data, conversation history, and CRM records will no longer be accessible to Client
- Company is not responsible for providing data exports after the 14-day period
- Client is solely responsible for downloading and backing up any data they wish to retain
Client should immediately download all needed data upon submitting cancellation notice.
NOT Included:
- Video production for YouTube ads (Client provides video content)
- Landing page design and implementation (available for additional fee)
- SEO services or organic search optimization
- Ad spend budget (Client pays Google directly)
- Guaranteed results, leads, or ROI
- Guaranteed approval for advertising accounts or credit
- Refunds or credits for platform verification delays
2.5 Social Media Management
Service Overview:
Modern Business Marketing offers four distinct social media management packages designed to meet different business needs and growth objectives:
Entry-Level Posting Packages (2 packages):
- Focus on consistent content creation and scheduled posting
- Designed for businesses seeking to maintain an active social media presence
- Includes content creation, scheduling, and publishing to specified platforms
- Does NOT include community management, follower engagement, or growth strategies
Engagement Packages (2 packages):
- Comprehensive social media management including posting AND engagement activities
- Designed for businesses seeking to actively engage existing followers and attract new followers
- Includes all posting services PLUS proactive community engagement, follower interaction, and growth strategies
- Focuses on building authentic relationships with your audience and expanding reach
Client is responsible for understanding which package tier they have purchased and the scope of services included in that tier. Posting-only packages do not include engagement activities, and Client may not request or expect engagement services without upgrading to an Engagement Package.
Included in Entry-Level Posting Packages:
- Content creation for specified social platforms
- Scheduled posting according to agreed-upon content calendar
- Social media strategy development
- Monthly analytics and reporting
- Brand voice development
Included in Engagement Packages (All Posting Package services PLUS):
- Proactive community management and follower engagement
- Responding to comments, messages, and mentions
- Liking, commenting, and interacting with follower content
- Follower growth strategies and audience expansion
- Hashtag research and strategic engagement
- Engagement with relevant industry accounts and potential customers
- Building relationships with influencers and brand advocates
NOT Included in Any Package:
- Paid social media advertising (see Meta Ads Management)
- Website design or development (see Web Design packages)
- Landing page design and implementation (available for additional fee)
- SEO services or website optimization
- Professional photography or videography (unless separately contracted)
- Customer service or sales inquiries via social channels (Client handles direct customer inquiries)
- Legal compliance for regulated industries
- Guaranteed follower counts, engagement rates, or viral content
- 24/7 monitoring or after-hours engagement
2.6 Next.js Web Design
Included:
- Custom Next.js website design and development
- Responsive mobile-friendly design
- Basic on-page SEO setup (title tags, meta descriptions)
- Initial website deployment
- Initial best-effort content writing for Client convenience (Client may submit edits or additions prior to going live)
- Up to 2 design revisions during the revision phase
- 14-day post-launch period for minor edits (content, images, minor functionality changes)
Client Approval Process:
- Client must review and approve design mockup before development begins
- Client must review, proof, and approve the completed website before it goes live
- Client has 14 days after going live to review, test, and submit minor changes
- After the 14-day period, changes are billed at $89/hour (unless Client subscribes to Website Maintenance package that includes updates)
NOT Included:
- Ongoing website maintenance (see Website Maintenance packages)
- Web hosting (see Basic Web Hosting packages)
- Ongoing SEO services (see SEO packages)
- Major functionality changes after the 14-day period
- E-commerce functionality (see Ecommerce Web Design)
- Post-launch updates after 14-day period (billed at $89/hour unless maintenance package purchased)
2.7 WordPress Web Design
Included:
- Custom WordPress website design and development
- Responsive mobile-friendly design
- Basic on-page SEO setup (title tags, meta descriptions)
- Initial plugin installation and configuration
- Initial website deployment
- Initial best-effort content writing for Client convenience (Client may submit edits or additions prior to going live)
- Up to 2 design revisions during the revision phase
- 14-day post-launch period for minor edits (content, images, minor functionality changes)
Client Approval Process:
- Client must review and approve design mockup before development begins
- Client must review, proof, and approve the completed website before it goes live
- Client has 14 days after going live to review, test, and submit minor changes
- After the 14-day period, changes are billed at $89/hour (unless Client subscribes to Website Maintenance package that includes updates)
NOT Included:
- Ongoing website maintenance (see Website Maintenance packages)
- Web hosting (see Basic Web Hosting packages)
- Ongoing SEO services (see SEO packages)
- Premium plugin licenses (unless separately contracted)
- Major functionality changes after the 14-day period
- E-commerce functionality (see Ecommerce Web Design)
- Post-launch updates after 14-day period (billed at $89/hour unless maintenance package purchased)
2.8 Ecommerce Web Design
Included:
- Custom e-commerce website design and development
- Shopping cart and payment gateway integration
- Product catalog setup
- Responsive mobile-friendly design
- Basic on-page SEO setup
- Initial website deployment
- Initial best-effort content writing for Client convenience (Client may submit edits or additions prior to going live)
- Up to 2 design revisions during the revision phase
- 14-day post-launch period for minor edits (content, images, minor functionality changes)
Client Approval Process:
- Client must review and approve design mockup before development begins
- Client must review, proof, and approve the completed website before it goes live
- Client has 14 days after going live to review, test, and submit minor changes
- After the 14-day period, changes are billed at $89/hour (unless Client subscribes to Website Maintenance package that includes updates)
NOT Included:
- Ongoing website maintenance (see Website Maintenance packages)
- Web hosting (see Basic Web Hosting packages)
- Ongoing SEO services (see SEO packages)
- Product photography or detailed product descriptions (Client provides or pays separately)
- Inventory management or fulfillment systems
- Payment processing fees (Client pays processor directly)
- Major functionality changes after the 14-day period
- Post-launch updates after 14-day period (billed at $89/hour unless maintenance package purchased)
2.9 Web Programming Services
Rate: $89 per hour
Included:
- Custom coding and programming work
- Website functionality modifications
- Plugin customization
- Technical troubleshooting
- Code debugging and optimization
NOT Included:
- Ongoing maintenance contracts (see Website Maintenance packages)
- Emergency or after-hours support (unless separately agreed)
- Work performed without prior approval and time estimate
Billing: Billed in 15-minute increments. Client will receive time estimate before work begins. Additional time requires Client approval.
2.10 Web Hosting Packages
Service Overview:
Modern Business Marketing offers reliable, secure web hosting services with flexible monthly and annual payment options. Our hosting packages provide the essential infrastructure your website needs to remain accessible, secure, and performant.
Supported Website Types:
We host the following website types only:
- WordPress websites
- HTML websites (static sites)
- React/Next.js websites
Package Options:
- Monthly Hosting: Pay month-to-month with no long-term commitment
- Annual Hosting: Pay annually and receive discounted rates (typically 2 months free compared to monthly pricing)
Included in All Hosting Packages:
- Server space and bandwidth appropriate for package tier
- Domain hosting and DNS management
- SSL certificate (HTTPS security)
- Basic server maintenance and security updates
- 99.9% uptime guarantee
- Server-level security monitoring
- Daily automated backups (retention period varies by package tier)
- Technical support for hosting-related issues
Email Hosting Policy:
Email hosting is NOT included in any web hosting package. Modern Business Marketing does not provide email hosting services.
Email Hosting Options:
Clients who need email hosting must purchase email services separately from a third-party provider. We recommend:
- Google Workspace (formerly G Suite) – Professional Gmail with custom domain
- Microsoft 365 – Professional Outlook with custom domain
- GoDaddy Email – Budget-friendly email hosting
- Any email hosting vendor of your choice
Email Configuration Assistance:
For active hosting clients, Modern Business Marketing will configure your third-party email service at no additional charge:
- Client must purchase email hosting from their chosen vendor
- Client must email email configuration settings and credentials to help@modernbusinessmarketing.com
- Company will configure DNS records (MX, SPF, DKIM, DMARC) to connect your email service to your domain
- Email configuration assistance is only available to active hosting clients
- Email configuration is typically completed within 1-3 business days after receiving credentials
Hosting-Specific Payment Terms:
Web hosting follows different payment grace periods than other services:
- Monthly hosting: Automatically renews each month on the subscription date
- Annual hosting: Automatically renews each year on the subscription anniversary date
- 30-day grace period: If payment fails, Client has 30 days to update payment information before hosting suspension (see Section 5.8 for hosting-specific suspension policies)
- Failed payment notifications will be sent via email
NOT Included:
- Email hosting or email accounts (Client must purchase separately)
- WordPress updates or plugin updates (see Website Maintenance packages)
- Website content changes or modifications (see Web Programming at $89/hour)
- Domain registration or renewal (Client is responsible for domain ownership and renewal through their domain registrar)
- Premium plugin licenses after cancellation (see Licensed Software section)
- Custom programming or website functionality modifications (see Web Programming)
- Website design changes or redesigns (see Web Design packages)
- Ongoing SEO services (see SEO packages)
2.11 Website Maintenance Packages
Included:
- WordPress core updates
- Plugin updates and compatibility testing
- Security monitoring
- Monthly website backups
- Uptime monitoring
- Basic troubleshooting and bug fixes
NOT Included:
- Major website redesigns (see Web Design packages)
- Content creation or updates (see Web Programming hourly rate)
- SEO services (see SEO packages)
- Custom functionality development (see Web Programming)
- Emergency or after-hours support (unless specifically included in package tier)
- Premium plugin license management (Client responsibility)
3. GENERAL SERVICE LIMITATIONS
3.1 Performance Timelines
- SEO results require 4-6 months minimum to achieve meaningful rankings for new keyword strategies
- Changes to keyword strategy mid-campaign will reset progress timelines
- Rankings fluctuate based on algorithm updates, competitor activity, and factors outside Modern Business Marketing’s control
- Advertising campaign optimization requires 30-60 days of data collection for meaningful performance insights
3.2 Third-Party Services
- Client is responsible for all third-party costs including ad spend, payment processing fees, domain registration, and premium software licenses unless explicitly included in service agreement
- Modern Business Marketing is not responsible for third-party service outages, policy changes, or fee increases
- Changes to third-party platform policies (Google, Meta, etc.) may require campaign adjustments without notice
3.3 No Guarantee of Results
Modern Business Marketing makes NO GUARANTEES regarding specific search engine rankings, website traffic, leads generated, sales conversions, advertising ROI, or social media engagement metrics.
We guarantee to perform the work described using industry best practices and our proven methodologies. We do NOT guarantee specific outcomes or third-party platform responses to that work.
3.4 Licensed Software and Tools
WordPress Plugins and Software:
Modern Business Marketing provides corporate licenses for premium WordPress plugins and software tools while Client maintains an active SEO package subscription. Upon cancellation or termination of services:
- Client has 7 business days to obtain their own licenses for any premium plugins or software they wish to continue using
- Client must input their own license keys into the plugins/software within the 7-day period
- After 7 business days, Company will remove all corporate-licensed software from Client’s website
- Company is not responsible for any loss of functionality resulting from license removal after the 7-day transition period
- Some content created using licensed tools may disappear or become non-functional if Client does not purchase appropriate licenses
Premium plugins and tools may include but are not limited to:
- Rank Math Pro
- Rank Assassin
- Gravity Forms
- Premium theme licenses
- Page builders
- Other proprietary or third-party licensed software
CRM and Management Tools:
For clients using Company-provided CRM access (such as GoHighLevel or similar platforms):
- Upon cancellation, Client may pay a separate fee to continue access to the CRM system
- Client may copy/export their data prior to cancellation to retain records
- If Client requests in writing to help@modernbusinessmarketing.com, Company will provide 7 days of continued access beyond cancellation date for data export purposes
- After the 7-day extension period, all Client data will be removed from Company systems unless continued access is purchased
4. HELPDESK SUPPORT & COMMUNICATION
4.1 Helpdesk Support Included
All service packages include helpdesk support for issues related to the contracted services.
4.2 How to Request Support
All support requests must be submitted via email to: help@modernbusinessmarketing.com
This email creates a support ticket and ensures your request is properly tracked and responded to.
We do NOT accept support requests via:
- Text messages
- Phone calls
- Social media (Facebook, Instagram, LinkedIn, etc.)
- WhatsApp or other messaging apps
- Direct messages to individual staff members
- Any other communication method outside of help@modernbusinessmarketing.com
Support requests submitted through unauthorized channels will not be processed and may be delayed until properly submitted via email.
4.3 Business Hours and Response Times
Business Hours: 8:00 AM EST to 7:00 PM EST, Monday through Friday
Response Time: Up to 72 business hours
Response times are subject to ticket volume, complexity of the issue, and priority level. We strive to respond as quickly as possible, but Client acknowledges that responses may take up to 72 business hours during normal business operations.
Business hours do not include:
- Weekends (Saturday and Sunday)
- Federal holidays
- Company closure days
4.4 After-Hours and Emergency Support
After-Hours/Emergency Support Rate: $299 per hour
After-hours or emergency support for any service is available at the rate of $299 per hour and must meet the following conditions:
- Client must request emergency support via email to help@modernbusinessmarketing.com
- Company will provide a quote for the emergency work
- Client must approve the quote in writing
- 50% deposit is required before emergency work begins
- Emergency support is at Company’s sole discretion and availability
What constitutes an emergency:
- Website completely down and inaccessible
- Security breach or active malware infection
- Critical business function completely broken
- Time-sensitive campaign launch issues
What does NOT constitute an emergency:
- Minor website edits or updates
- Routine questions or clarifications
- Performance optimization requests
- Content changes or additions
- Ranking fluctuations
4.5 Support Scope Limitations
Helpdesk support is limited to issues directly related to services contracted with Modern Business Marketing. Support does not include:
- General technical consulting unrelated to our services
- Training on third-party platforms (Google Ads, Meta, etc.)
- Troubleshooting issues caused by Client modifications
- Support for services not contracted
- Unlimited revisions or scope changes
- Custom programming or development (billed separately at $89/hour)
4.6 Special Arrangements
Any support arrangements, service modifications, or terms outside the scope of these Terms and Conditions must be:
- Requested in writing via email to help@modernbusinessmarketing.com
- Reviewed and approved by Modern Business Marketing ownership
- Documented in a separate written agreement or amendment
- Signed by both parties before being executed
No verbal agreements, promises, or commitments made by staff members are binding unless confirmed in writing and approved by ownership.
5. PAYMENT TERMS
5.1 Pricing and Billing
- All services are billed according to the rates specified in service-specific agreements or proposals
- Monthly recurring charges are processed automatically on the same date each month
- All prices are subject to change with 30 days written notice to active clients
Subscription Commitment Terms:
The following services require a minimum 90-day subscription commitment:
- SEO for WordPress Sites
- SEO for Non-WordPress Sites
- Meta Ads Management
- Google Ads & YouTube Ads Management
- Social Media Management
After the initial 90-day commitment period, these services automatically convert to month-to-month subscriptions and may be cancelled with 30 days written notice as outlined in Section 6.1.
Month-to-Month Services (No Minimum Commitment):
- Web Hosting packages
- Website Maintenance packages
- All other subscription services not listed above
5.2 Payment Requirements by Service Type
Subscription Services (must be paid in full prior to service delivery):
- SEO packages (90-day minimum commitment)
- Social Media Management (90-day minimum commitment)
- Advertising Management – Meta Ads, Google Ads (90-day minimum commitment)
- Web Hosting packages (monthly or annual)
- Website Maintenance packages
All subscription services require a valid credit card or debit card on file for automatic recurring billing.
Note: Web Hosting packages have a 30-day payment grace period before suspension (see Section 5.9). All other subscription services have a 5-day grace period (see Section 5.4).
Web Design Services:
- Minimum 50% deposit required before work begins
- Remaining balance due upon completion and before site goes live
- Full payment in advance is accepted
Web Programming Services:
- Billed at $89/hour after work is completed
- Time estimates provided before work begins
- Billed in 15-minute increments
After-Hours/Emergency Support:
- $299 per hour
- Quote provided and must be approved before work begins
- 50% deposit required before emergency work commences
5.3 Payment Authorization
By subscribing to services, Client authorizes Modern Business Marketing to automatically charge the payment method on file for all fees as outlined in the applicable service agreement.
For Subscription Services:
- Client must provide and maintain a valid credit card or debit card on file
- Charges will automatically recur monthly on the same date as the initial purchase
- Client is responsible for maintaining current and valid payment information
- Client must update payment information immediately if card expires, is lost, or is cancelled
- Failure to maintain valid payment information may result in service suspension per Section 5.4 (or Section 5.9 for web hosting services)
5.4 Failed Payments and Service Suspension
For Non-Hosting Subscription Services (SEO, Social Media Management, Advertising Management, Website Maintenance):
If a payment fails, the Client will be notified and given 5 business days to provide updated payment information.
Note: Web Hosting services have a 30-day grace period. See Section 5.8 for hosting-specific payment policies.
Grace Period (Days 1-5):
- Client receives notification of failed payment via email
- Client has 5 business days to provide updated payment information
- Services continue during the grace period
After 5 Business Days Past Due:
If payment is not received within 5 business days, Modern Business Marketing reserves the right to:
- Suspend all active services – No new work will be performed (SEO optimization, ad management, social media posting, etc.)
- Restrict access to Company-provided tools – Access to Company-licensed platforms, CRM systems, and management tools may be restricted
- Suspend website hosting – For clients using Company web hosting, the website may become inaccessible until payment is current
- Remove corporate software licenses – Premium plugin licenses and software tools will be deactivated
- Suspend support services – No support requests will be processed during suspension period
Reinstatement:
Upon receipt of past due payment:
- Services will resume within 24-48 business hours
- A $99 reinstatement fee will be charged to cover administrative costs
- All past due amounts plus any late fees and the reinstatement fee must be paid in full before services resume
- Client is responsible for any data loss or business interruption during the suspension period
30+ Days Past Due (Non-Hosting Services):
Accounts that remain unpaid for 30 or more days may result in:
- Permanent account termination
- Immediate deletion of all data per data retention policy (Section 17)
- Account referral to collections agency
- Legal action to recover all amounts due plus collection costs, attorney fees, and court costs
- Negative impact on future service eligibility
Important: Suspended services do not extend contract terms, pause billing cycles, or create any obligation for refunds or credits. Client remains responsible for all contracted fees during suspension periods.
5.5 Late Payments
Payments not received within 5 business days of the due date may incur late fees and interest charges. Modern Business Marketing reserves the right to suspend services for accounts with past-due balances as outlined in Section 5.4.
5.6 Restriction on Access for Past Due Accounts
No Access, Passwords, or Data for Past Due Balances:
Modern Business Marketing will NOT provide access credentials, passwords, website files, databases, backups, or any other data or information to Client or any third party acting on Client’s behalf if Client has any past due balance.
This restriction applies to all requests including:
- Website hosting login credentials (cPanel, FTP, database access)
- WordPress admin passwords
- Website files or database backups
- Google Business Profile access
- Social media account credentials
- Advertising platform access (Meta Ads Manager, Google Ads)
- Go High Level CRM access
- Analytics and reporting data
- Email configuration information
- Domain DNS records or settings
- Any other access credentials or proprietary data
Exception: Access, passwords, and data will be released immediately upon payment in full of all outstanding balances, late fees, and any applicable reinstatement fees.
Client Acknowledgment: Client acknowledges that Company has a legitimate business interest in withholding access and data until payment obligations are satisfied. This policy protects Company’s interests and encourages timely payment.
5.7 Refund Policy
All fees paid are non-refundable.
For services with 90-day minimum commitment (SEO for WordPress Sites, SEO for Non-WordPress Sites, Meta Ads Management, Google Ads & YouTube Ads Management, Social Media Management):
- Client commits to a minimum 90-day subscription period
- After 90 days, services convert to month-to-month
- Either party may cancel month-to-month services with 30 days written notice to help@modernbusinessmarketing.com
- If Client cancels before completing the 90-day commitment, Client remains responsible for payment through day 90
- Upon cancellation, Client is responsible for payment of all services rendered through the cancellation date
- No refunds will be issued for any prior months of service or setup fees
For month-to-month services (Web Hosting – monthly, Website Maintenance, and other subscription services):
- Either party may cancel at any time with 30 days written notice to help@modernbusinessmarketing.com
- Upon cancellation, Client is responsible for payment of all services rendered through the cancellation date
- No refunds will be issued for any prior months of service or setup fees
For annual services (Web Hosting – annual):
- Annual hosting is paid in advance for 12 months
- Either party may cancel with 30 days written notice to help@modernbusinessmarketing.com
- No refunds will be issued for unused months in annual hosting packages
- Upon cancellation, hosting services continue through the end of the paid annual period
5.8 Chargebacks and Payment Reversals
Chargeback Policy:
Client agrees that disputing or reversing charges with their credit card company or financial institution (“chargeback”) without first attempting to resolve the issue directly with Modern Business Marketing constitutes breach of this agreement and will result in:
Immediate Consequences:
- Immediate suspension of all services – All active services (SEO, advertising management, social media management, web hosting, maintenance, etc.) will be suspended immediately upon notification of chargeback
- Account termination – Client account will be permanently closed
- Data deletion – All Client data, files, backups, reports, and records will be immediately deleted from Company systems without the standard 30-day retention period
- Website takedown – For clients using Company web hosting, website will be immediately taken offline
- License removal – All corporate-licensed software and tools will be immediately removed
- Access revocation – All access to Company systems, tools, reports, and dashboards will be immediately terminated
Financial Consequences:
- Chargeback fee: Client will be charged a $150 chargeback processing fee to cover administrative costs, payment processor fees, and dispute management
- Full balance remains due: Client remains fully responsible for payment of all services rendered through the chargeback date plus the $150 chargeback fee. Filing a chargeback does NOT release Client from payment obligations. The chargeback merely reverses payment temporarily; Client still owes all contracted fees.
- Client responsible for ALL chargeback costs: In addition to the $150 chargeback fee, Client is responsible for all costs incurred by Company as a result of the chargeback including but not limited to payment processor penalties, dispute resolution fees, documentation costs, and administrative expenses
- Collections referral: Unpaid balances will be referred to a collections agency within 10 business days
- Legal action: Company reserves the right to pursue legal action to recover all amounts due plus collection costs, attorney fees, court costs, and damages
- Credit reporting: Unpaid balances may be reported to credit bureaus
Important: A chargeback is not a cancellation or refund. Client remains contractually obligated to pay for all services rendered regardless of chargeback status.
Evidence and Documentation:
In the event of a chargeback dispute, Modern Business Marketing will provide the following documentation to the payment processor and financial institutions:
- Terms and Conditions: Public terms available at https://ModernBusinessMarketing.com/terms-and-conditions
- Proof of service delivery: Monthly reports, keyword ranking reports, analytics, website modifications, and completed work product demonstrating services were rendered
- Email communications: Complete email correspondence showing service discussions, deliverables, support requests, and Client engagement
- Payment receipts: Transaction records from payment processor showing authorized payments
- Service usage evidence: Dates and details of all work performed, reports delivered, and services provided
- Client engagement records: Evidence of Client receiving, reviewing, and benefiting from delivered services
Client Acknowledgment: By making payment for services, Client acknowledges they have reviewed and accepted these Terms and Conditions and authorize the Company to charge for services rendered.
Legitimate Dispute Resolution Process:
If Client has a legitimate dispute regarding charges or services, Client must:
- Submit a detailed written complaint via email to help@modernbusinessmarketing.com
- Allow Company 10 business days to investigate and respond
- Attempt good-faith negotiation to resolve the dispute
- Only file a chargeback if Company refuses to address legitimate billing errors or fraudulent charges
Exceptions:
The only acceptable reasons for chargeback without penalty are:
- Proven fraudulent charges (unauthorized use of Client’s payment method)
- Duplicate billing errors that Company refuses to correct after written notice
- Services charged but never delivered and Company refuses refund after written notice
Client must provide written documentation of attempts to resolve these issues with Company before filing chargeback.
No Future Service:
Clients who initiate chargebacks will be permanently banned from purchasing any Modern Business Marketing services in the future, regardless of chargeback outcome.
5.9 Web Hosting Payment and Suspension Policy
Web hosting services follow a different payment grace period and suspension policy than other subscription services due to the critical nature of website accessibility.
Payment Grace Period for Hosting:
If a web hosting payment fails, the Client will be notified and given 30 days to provide updated payment information before hosting suspension.
Grace Period (Days 1-30):
- Client receives notification of failed payment via email
- Client has 30 days to provide updated payment information
- Hosting services continue uninterrupted during the grace period
- Multiple reminder notifications will be sent throughout the 30-day period
After 30 Days Past Due (Hosting Suspension):
If payment is not received within 30 days, Modern Business Marketing will:
- Suspend web hosting services – Website will become inaccessible to visitors
- Suspend website backups – No new backups will be created during suspension
- Suspend email configuration support – No email-related support will be provided
- Suspend technical support – No hosting support requests will be processed
Important: Website files and databases remain on the server during suspension but are not accessible to the public.
14-Day Data Retention After Suspension:
After hosting suspension due to non-payment, Client has 14 calendar days to either:
- Pay all past due amounts plus reinstatement fees to restore the website, OR
- Request website files and database backup for migration to another host
After 14 Days of Suspension:
If Client has not paid or requested backup within 14 calendar days of suspension:
- All website files and databases will be permanently deleted (no recovery possible)
- Client data cannot be recovered or restored
- No backups will be available
Reinstatement and Restoration Fees After 14-Day Period:
If Client wishes to restore their website after the 14-day data retention period has expired:
If website data has NOT yet been deleted (within 14 days of suspension):
- $150 Reinstatement Fee – Administrative costs to restore account and services
- $150 Backup/Restore Fee – Technical costs to restore website files and database
- Total: $300 plus all past due hosting fees must be paid before restoration
If website data HAS been deleted (after 14 days of suspension):
- Website cannot be restored (data permanently deleted)
- Client must purchase new web design services to rebuild website
- No refunds for deleted data or lost website
Website Backup Copy Fee:
If Client requests a downloadable backup copy of their website files and database during the 14-day retention period (instead of restoring hosting):
- $150 Backup/Restore Fee applies
- Client will receive zip file containing all website files and SQL database export
- Client is responsible for importing to their new hosting provider
60+ Days Past Due:
Accounts that remain unpaid for 60 or more days will result in:
- Permanent account termination
- Account referral to collections agency
- Legal action to recover all amounts due plus collection costs, attorney fees, and court costs
- Negative impact on future service eligibility
Data Loss Warning:
Once website files and databases are deleted after 14 days of suspension, they cannot be recovered. Client is solely responsible for maintaining independent backups of their website.
Annual Hosting Renewals:
For annual hosting packages:
- Renewal notices will be sent 30 days before renewal date
- If annual renewal payment fails, the same 30-day grace period applies
- After 30 days without payment, hosting will be suspended
- After 14 additional days without payment or backup request, all files and data will be permanently deleted
6. CANCELLATION & TERMINATION
6.1 Client Cancellation
Cancellation Notice Requirements:
Client may cancel services after completing any initial commitment period by providing 30 days written notice to help@modernbusinessmarketing.com.
Subscription Package Cancellations:
For services with 90-day minimum commitment (SEO for WordPress Sites, SEO for Non-WordPress Sites, Meta Ads Management, Google Ads & YouTube Ads Management, Social Media Management):
- Client must complete the initial 90-day commitment period
- After 90 days, Client may cancel by providing 30 days written notice via email to help@modernbusinessmarketing.com
- Cancellation is effective 30 days from the date written notice is received
- All fees through the end of the 30-day notice period remain due and payable
- No refunds will be issued for prior payments or setup fees
- Early cancellation before 90 days requires payment of remaining balance through day 90
For month-to-month services (Web Hosting – monthly, Website Maintenance, and other subscription services):
- Client may cancel at any time by providing 30 days written notice via email to help@modernbusinessmarketing.com
- Cancellation is effective 30 days from the date written notice is received
- All fees through the end of the 30-day notice period remain due and payable
- If the 30-day notice period does not align with the regular billing date, payments will be prorated accordingly
- No refunds will be issued for prior payments or setup fees
For annual services (Web Hosting – annual):
- Client may cancel at any time by providing 30 days written notice via email to help@modernbusinessmarketing.com
- No refunds will be issued for unused months in the annual hosting period
- Hosting services will continue through the end of the paid annual period
- Annual hosting will not auto-renew after cancellation notice is received
One-Time Service Cancellations:
For one-time services (Web Design, Web Programming):
- Client may cancel before work begins with full refund of deposit (if no work has been performed)
- Once work has commenced, payments are non-refundable and Client remains responsible for payment per the service agreement
- Partially completed projects will be billed for work completed to date
How to Cancel:
All cancellation requests must be submitted in writing via email to help@modernbusinessmarketing.com. Verbal cancellation requests, text messages, or other communication methods are not accepted.
6.2 Company Termination Rights
Modern Business Marketing reserves the right to immediately terminate services without refund if:
- Client engages in harassment, threats, profanity, or abusive behavior toward Company staff
- Client fails to make timely payments
- Client breaches any term of this agreement
- Client uses services for illegal purposes or in violation of third-party platform policies
- Client makes false or defamatory public statements about the Company
- Client initiates chargebacks or payment reversals without following proper dispute resolution procedures
6.3 Effects of Termination
Upon termination or cancellation:
- All corporate-licensed software and tools will be removed within 7 days
- Access to Company systems, reports, and dashboards will be terminated
- Client remains responsible for all outstanding fees
- Company will cease all work on Client’s behalf
- Client must migrate any hosted websites to new providers (if applicable)
For Web Hosting Cancellations:
Upon cancellation of web hosting services, Client has 14 calendar days from the cancellation date to:
- Download website files and database: Client is responsible for backing up all website files and databases
- Transfer domain DNS: Client must update DNS records to point to new hosting provider
- Migrate to new host: Client should complete migration to new hosting provider
After 14 Days of Cancellation:
- All website files, databases, and backups will be permanently deleted
- Website data cannot be recovered or restored
- Email services are NOT affected by hosting cancellation (Client owns email hosting separately through their third-party provider)
Restoration or Backup After 14-Day Period:
If Client fails to download their website within 14 days of cancellation and later requests restoration or backup:
If website data has NOT yet been deleted (within 14 days):
- $150 Reinstatement Fee – To restore hosting services
- $150 Backup/Restore Fee – To restore website or provide backup files
- Total: $300 plus reactivation of hosting subscription required
If website data HAS been deleted (after 14 days):
- Website cannot be restored (data permanently deleted)
- No backups available
- Client must purchase new web design services to rebuild website
Website Migration Assistance:
- Company will provide reasonable assistance with website migration upon request during the 14-day period
- Migration assistance does not include hands-on migration services (Client or their new host must perform migration)
- Technical questions will be answered via email to help@modernbusinessmarketing.com
For Advertising Management Cancellations (Meta Ads, Google Ads):
- Client will have 14 business days from cancellation date to access and download any data, leads, reports, or information from the Go High Level CRM application
- After 14 business days, Client’s access to Go High Level will be permanently removed
- All lead data, conversation history, SMS/email auto-responder data, and CRM records will no longer be accessible to Client after the 14-day period
- Company is not responsible for providing data exports after the 14-day period expires
- Client is solely responsible for downloading and backing up any data they wish to retain
- Client should immediately download all needed data upon submitting cancellation notice
- Advertising account ownership remains with Client (Meta Ads Manager, Google Ads accounts are owned by Client)
7. CLIENT CONDUCT & HARASSMENT POLICY
7.1 Professional Communication Standard
Client agrees to maintain professional, respectful communication at all times with Modern Business Marketing staff via all communication methods including phone, text, email, video calls, and social media.
7.2 Prohibited Conduct
The following behaviors constitute immediate grounds for service termination without refund:
- Harassment, threats, or intimidation of Company staff
- Use of profanity, vulgar language, or abusive language directed at Company staff
- Excessive or unreasonable demands on staff time or attention
- Contacting staff outside of business hours without emergency authorization
- Discrimination or derogatory comments based on protected characteristics
- Any behavior that creates a hostile or unsafe environment for Company staff
7.3 Consequences of Policy Violations
Violations of this policy will result in:
- Immediate service termination without refund
- Formal documentation of the incident
- Potential legal action if harassment continues after termination
- Possible restraining orders or protective orders if threats continue
- Client responsibility for all Company legal fees and costs related to harassment
7.4 Deleted Communications
Client acknowledges that deleting harassing messages, texts, or communications after sending them does not negate the violation. Company maintains records and screenshots of all communications and deleted messages demonstrate consciousness of wrongdoing.
8. DEFAMATION & PUBLIC STATEMENTS
8.1 Prohibition on False Statements
Client agrees not to make false, misleading, defamatory, or disparaging statements about Modern Business Marketing, its services, staff, or business practices in any public forum including but not limited to:
- Online review platforms (Google, Yelp, Facebook, BBB, etc.)
- Social media platforms
- Industry forums or communities
- Direct communications to other businesses or potential clients
- Legal filings or complaints (except truthful statements)
8.2 Legal Consequences
False or defamatory public statements will result in:
- Immediate legal action for defamation and business damages
- Claims for actual damages, lost business, and reputational harm
- Claims for punitive damages where applicable
- Client responsibility for all Company attorney fees and court costs
- Potential injunctive relief to remove false statements
8.3 Truthful Reviews
Client may leave truthful, factual reviews based on their actual experience. This policy does not prohibit honest feedback or legitimate criticism based on facts.
9. CLIENT RESPONSIBILITIES
Clients are responsible for:
9.1 Content and Information
Providing Accurate Content:
- Providing accurate, timely content, images, and information required for services
- Ensuring all content complies with applicable laws, regulations, and third-party platform policies
- Obtaining necessary rights and licenses for any content provided to Company
Content Ownership and Rights:
Client warrants and represents that:
- All content, images, logos, text, and materials provided to Company are either owned by Client or Client has secured proper licenses and permissions to use them
- Client-provided content does not infringe on any third-party copyrights, trademarks, or intellectual property rights
- Client has obtained all necessary model releases and permissions for any images containing identifiable persons
- All marketing claims and statements provided by Client are truthful, accurate, and comply with FTC regulations
- Client has legal authority to make all claims and representations in their marketing materials
Prohibited Content:
Client agrees not to provide or request Company to use:
- Content that violates any laws or regulations
- Copyrighted material without proper authorization
- False, misleading, or deceptive claims about products or services
- Content that violates third-party platform policies
- Defamatory, libelous, or slanderous content
- Content promoting illegal activities or prohibited industries (see Section 12.4)
9.2 Access and Credentials
- Providing necessary login credentials and access to platforms, websites, and tools within 3 business days after signing up to ensure project timelines and objectives can be met
- For SEO services: Google Business Profile (GBP) access and website access must be provided within 3 business days
- Maintaining active accounts with required third-party services (Google, Meta, hosting providers, etc.)
- Keeping payment information current and valid
- Understanding that delays in providing access will delay project timelines and deliverables
Important: Modern Business Marketing is not responsible for Google Business Profile initial setup and verification timelines, as Google may require additional verification methods, phone calls, postcards, or documentation that are outside our control. GBP verification can take 1-14 days or longer depending on Google’s processes.
9.3 Communication and Responsiveness
Response Time Requirements:
- Responding to Company requests for information within reasonable timeframes
- Reading and understanding service agreements and reports provided
- Asking questions when clarification is needed
Client Approval Timelines for Web Design and Development Projects:
For all web design, development, and creative projects requiring Client approval:
7 Business Days – Initial Response Period:
- Client must review and provide feedback within 7 business days of receiving deliverables for approval
- This includes design mockups, completed websites, ad creative, content drafts, and any other deliverables requiring approval
- Company will send approval requests via email to help@modernbusinessmarketing.com
14 Business Days – Overdue Notice:
- If Client has not responded within 14 business days, the project is marked as “Overdue”
- Company will send a follow-up reminder notification
- No additional work will be performed on the project until Client responds
- Other active services (SEO, advertising management, hosting) continue unaffected
30 Business Days – Project On Hold:
- If Client has not responded within 30 business days, the project is automatically placed “On Hold”
- A $150 reactivation fee will be charged to resume work on the project
- Company is not responsible for delays in project completion caused by Client non-responsiveness
- The reactivation fee covers administrative costs, project review, and re-engagement of resources
Resuming On-Hold Projects:
- Client must email help@modernbusinessmarketing.com to request project reactivation
- Client must provide requested feedback/approvals and pay the $150 reactivation fee
- Company will resume work within 5 business days of receiving reactivation fee and outstanding approvals
- Original project timelines do not apply; new timelines will be established upon reactivation
Important Notes:
- Client non-responsiveness does not pause or extend contract terms
- Client remains responsible for all contracted fees during approval delays
- Approval delays do not constitute grounds for refunds or service complaints
- These timelines do not apply to routine service delivery (SEO reports, ad management, etc.), only to deliverables requiring explicit Client approval
9.4 Website Maintenance (if applicable)
- Maintaining independent backups of all website files, databases, and content
- Performing regular security updates unless Website Maintenance package is purchased
- Monitoring website for security issues, malware, or functionality problems
- Obtaining and maintaining licenses for premium tools after service cancellation
9.5 Understanding Service Scope
- Understanding which services have been purchased and the limitations of those services
- Not expecting deliverables outside the agreed service scope
- Upgrading to appropriate service levels when needs exceed current package limitations
9.6 Client Modifications and Interference
Notification of Changes Required:
For all active service subscriptions, Client must notify Modern Business Marketing via help@modernbusinessmarketing.com BEFORE making any changes to:
For SEO Services:
- Website structure, URLs, or navigation
- Page titles, meta descriptions, or heading tags
- Content on optimized pages
- Website hosting or domain configuration
- Google Business Profile information (name, address, category, services, hours)
- Website plugins or theme changes
- Robots.txt or sitemap modifications
For Advertising Services (Meta Ads, Google Ads):
- Ad copy, headlines, or descriptions
- Targeting parameters or audience settings
- Budget allocations or bidding strategies
- Campaign structure or ad group organization
- Landing page URLs
- Conversion tracking or pixel implementation
For Social Media Management:
- Account settings or business information
- Posting schedules or content calendars
- Profile information or branding elements
- Administrative access or permissions
Unauthorized Changes:
If Client makes changes without prior notification and approval from Modern Business Marketing:
- No Liability: Company is not responsible for any negative impact on results, rankings, performance, or ROI resulting from Client modifications
- Results May Be Affected: Client acknowledges that unauthorized changes may negatively impact SEO rankings, advertising performance, social media engagement, and overall campaign effectiveness
- No Refunds: Unauthorized changes do not constitute grounds for refund, service complaints, or breach of contract claims
- Additional Fees: Company may charge additional fees to audit, troubleshoot, or repair issues caused by Client modifications
- Service Continuation Risk: Repeated unauthorized changes may impact Company’s ability to deliver effective results
Termination for Interference:
Modern Business Marketing reserves the right to immediately terminate services without refund if:
- Client repeatedly makes unauthorized changes despite warnings
- Client’s changes fundamentally undermine the contracted services
- Client refuses to revert problematic changes after notification
- Client blocks or removes Company’s necessary access to perform services
- Client’s interference makes it impossible to achieve service objectives
Minor Edits Exception:
Client may make minor content updates without prior notification, including:
- Blog post additions (if not replacing optimized content)
- News updates or announcements
- Contact information updates (with notification to Company for GBP consistency)
- Social media replies to customer comments/messages
- Image uploads that don’t affect page structure
When in doubt, email help@modernbusinessmarketing.com before making changes.
9.7 Social Media and Advertising Account Management
For Social Media Management and Advertising services:
- Account Ownership: Client owns and maintains ownership of all social media accounts (Facebook, Instagram, LinkedIn, etc.) and advertising accounts (Meta Ads Manager, Google Ads)
- Access Removal: Upon cancellation, Client is responsible for removing Company’s access to all social media and advertising accounts
- Tool Access Removal: Company will remove Client’s accounts from any licensed management tools (scheduling platforms, analytics tools, etc.) upon cancellation
- Data Export: Client should export any desired data, reports, or content from Company-managed tools prior to cancellation
- Ad Account Data: All historical advertising data remains in Client’s owned ad accounts (Meta, Google) after cancellation
9.8 Content Ownership
- Written Content: Client owns all blog posts, articles, website content, and written materials created by Company for Client during the service term
- Licensed Content: Some content created using licensed tools or stock media may require Client to purchase separate licenses upon cancellation to prevent disappearance or non-functionality
- Social Media Content: Client owns social media posts and content created for their accounts
- Design Assets: Client owns final delivered design files upon full payment; Company retains rights to templates and proprietary design systems
9.9 Account Credentials and Security
Client Responsibility for Security:
Client is responsible for:
- Maintaining secure passwords for all accounts (website hosting, domain registrar, Google Business Profile, Meta Ads Manager, social media accounts, etc.)
- Using strong, unique passwords for each platform
- Not sharing login credentials with unauthorized third parties
- Enabling two-factor authentication (2FA) when available
- Immediately notifying Company at help@modernbusinessmarketing.com if account credentials are compromised
- Changing passwords if employee turnover occurs
- Maintaining security of email accounts used for account recovery
Credential Sharing with Company:
When Client provides credentials to Company:
- Credentials should be sent via email to help@modernbusinessmarketing.com
- Client should use secure methods when possible
- Client authorizes Company to use provided credentials solely for performing contracted services
- Client may revoke access at any time by changing passwords (but this may impact service delivery)
Account Compromise:
If Client’s account is compromised due to weak passwords, credential sharing, or Client’s failure to maintain security:
- Company is not responsible for any damages, data loss, or unauthorized access
- Company is not responsible for recovery of compromised accounts
- Client remains responsible for all contracted fees
- Company may charge additional fees to assist with account recovery or security remediation at the Web Programming rate of $89/hour
Company Security Practices:
Company maintains reasonable security practices to protect Client credentials but cannot guarantee absolute security. Client acknowledges the inherent risks of electronic communication and credential storage.
Failure to Fulfill Responsibilities:
Failure to fulfill Client responsibilities may impact service delivery and does not constitute grounds for refund, service complaint, or breach of contract claims.
10. LIMITATION OF LIABILITY
10.1 Maximum Liability
Modern Business Marketing’s total liability for any and all claims arising from services provided shall not exceed the total fees paid by Client in the 3 months immediately prior to the claim arising.
10.2 Excluded Damages
Client waives any claims for indirect, consequential, incidental, special, or punitive damages including but not limited to:
- Lost profits or revenue
- Lost business opportunities
- Lost data or content
- Business interruption
- Reputational harm (except where Company is directly at fault)
- Third-party claims
- Speculative or hypothetical damages
10.3 Third-Party Actions
Company is not liable for actions, changes, or policies implemented by third-party platforms including:
- Search engine algorithm updates or ranking changes
- Social media platform policy changes or account restrictions
- Advertising platform policy changes or account suspensions
- Hosting provider outages or data loss
- Domain registrar actions or domain loss
- Payment processor holds or account restrictions
11. INDEMNIFICATION
11.1 Client Indemnification of Company
Client agrees to indemnify, defend, and hold harmless Modern Business Marketing, its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:
Client Content and Business Practices:
- Any content, materials, images, text, logos, or information provided by Client
- Claims of copyright infringement, trademark infringement, or violation of intellectual property rights related to Client-provided content
- Claims of defamation, libel, slander, or violation of privacy rights arising from Client’s content or business practices
- False advertising claims or violations of Federal Trade Commission (FTC) regulations
- Violations of any consumer protection laws or advertising standards
- Claims that Client’s products, services, or business practices are fraudulent, deceptive, or illegal
Third-Party Platform Violations:
- Violations of Google, Meta (Facebook/Instagram), Bing, or any other platform’s Terms of Service or advertising policies
- Account suspensions, bans, or restrictions imposed by third-party platforms due to Client’s content, practices, or policy violations
- Claims arising from Client’s non-compliance with platform-specific rules and guidelines
Business Licensing and Compliance:
- Client’s failure to maintain proper business licenses, permits, or registrations required for their industry
- Client’s operation of an unlicensed, unregistered, or illegal business
- Violations of industry-specific regulations or compliance requirements
- Client’s failure to comply with applicable federal, state, or local laws
Client Actions and Negligence:
- Client’s breach of these Terms and Conditions
- Client’s unauthorized modifications to websites, campaigns, or Company-managed assets
- Client’s negligence or willful misconduct
- Any action or inaction by Client that causes harm to Company or third parties
11.2 Company’s Right to Defense
If Company becomes aware of any claim subject to indemnification under this section, Company may:
- Assume control of the defense and settlement of such claim at Client’s expense
- Require Client to cooperate fully in the defense
- Settle such claim on terms Company deems appropriate, with Client remaining responsible for all costs
11.3 Survival
The indemnification obligations in this section survive termination or expiration of this Agreement.
11. INDEMNIFICATION
11.1 Client Content
Client retains all intellectual property rights to content, materials, and information provided to Company. Client grants Company a limited license to use, modify, and display such content solely for the purpose of providing contracted services.
11.2 Company Proprietary Methods
All SEO strategies, advertising methodologies, software, tools, processes, and techniques used by Company remain the exclusive intellectual property of Modern Business Marketing. Client receives only the output and results of such methods, not the underlying methodologies themselves.
11.3 Work Product Ownership
Upon full payment of all fees:
- Client owns final delivered websites, graphics, and content created specifically for Client
- Company retains rights to templates, code libraries, plugins, and proprietary tools
- Client receives a license to use delivered work product for their business purposes
- Company may showcase Client work in portfolio and marketing materials unless otherwise agreed
12. THIRD-PARTY PLATFORM COMPLIANCE
12.1 Client Platform Compliance Obligations
Client acknowledges and agrees that use of third-party platforms (Google, Meta/Facebook, Instagram, Bing, YouTube, and others) is subject to those platforms’ respective Terms of Service, advertising policies, and community guidelines.
Client Representations and Warranties:
Client represents and warrants that:
- Client’s business is legitimate, properly licensed, and legally operates in all jurisdictions where it conducts business
- Client’s products and services comply with all applicable federal, state, and local laws
- Client has all necessary licenses, permits, certifications, and registrations required for their industry
- Client’s business practices, advertising claims, and marketing materials comply with FTC regulations and consumer protection laws
- All content provided to Company for use in advertising, SEO, or social media complies with platform policies
12.2 Platform Policy Violations and Account Restrictions
Company Not Responsible for Platform Actions:
Modern Business Marketing is not responsible for and has no control over:
- Third-party platform policy changes or interpretation
- Account suspensions, bans, or restrictions imposed by platforms
- Advertising account disapprovals or ad rejections
- Google Business Profile suspensions or removals
- Social media account restrictions or content removal
- Search engine penalties or de-indexing
Client-Caused Platform Violations:
If Client’s account, advertising, or content is suspended, banned, restricted, or penalized by any third-party platform due to:
- Client’s violation of platform policies
- Client’s business practices or content
- Client-provided information, images, or materials
- Client’s failure to maintain proper licensing or compliance
Then:
- Company is not responsible for restoration of accounts or rankings
- Company is not obligated to provide refunds for services rendered
- Client remains responsible for all contracted fees
- Company may terminate services without refund if Client’s platform violations make it impossible to perform contracted work
12.3 High-Risk Industries and Enhanced Compliance
Certain industries face stricter platform policies and higher risk of account restrictions. These include but are not limited to:
- Healthcare and medical services
- Financial services and lending
- Legal services
- Firearms and weapons (legal sales only)
- Supplements and nutraceuticals
- Credit repair and debt services
- Insurance services
- Real estate services
- Home improvement contractors
Client in these industries acknowledges:
- Heightened compliance requirements
- Increased risk of ad disapprovals or account restrictions
- Need for proper licensing, certifications, and disclosures
- Stricter advertising claim requirements
- Potential need for additional documentation to platforms
12.4 Prohibited Content and Industries
Modern Business Marketing reserves the right to refuse service or terminate agreements with clients engaged in:
Absolutely Prohibited:
- Adult/sexually explicit content or services
- Illegal drugs or controlled substances (without proper licensing)
- Counterfeit goods or trademark infringement
- Pyramid schemes or illegal multi-level marketing
- Fraudulent, deceptive, or illegal business practices
- Hate speech, discrimination, or promotion of violence
- Hacking, malware, or illegal software distribution
- Child exploitation or endangerment of any kind
- Human trafficking or illegal services
Restricted (Requires Proof of Licensing/Compliance):
- Gambling and online betting (must have proper state/federal licenses)
- Cannabis/CBD products (must comply with state laws and have proper licenses)
- Cryptocurrency trading or investment advice (must be properly registered)
- Pharmaceutical sales (must be properly licensed)
- Tobacco and vaping products (must comply with regulations)
Accepted With Legal Compliance:
- Firearms and weapons sales (must comply with all federal and state laws, proper FFL licenses)
Client warrants that their business does not engage in prohibited activities and maintains all necessary licenses for restricted activities.
12.5 Right to Terminate for Compliance Issues
Company reserves the right to immediately terminate services without refund if:
- Client misrepresents their industry, business practices, or licensing status
- Client engages in prohibited activities
- Client’s business or content violates platform policies in ways that prevent Company from performing services
- Continued service would put Company at legal or reputational risk
13. INTELLECTUAL PROPERTY
12.1 Company Confidentiality
Company agrees to maintain confidentiality of Client’s proprietary business information, trade secrets, and sensitive data disclosed during the course of providing services.
12.2 Client Confidentiality
Client agrees to maintain confidentiality of Company’s proprietary SEO strategies, methodologies, software, pricing structures, and business processes.
12.3 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of this agreement
- Is independently developed without reference to confidential information
- Is required to be disclosed by law or court order
- Is disclosed with written permission from the other party
15. WARRANTIES AND DISCLAIMERS
15.1 Company Warranties
Company warrants that:
- Services will be performed in a professional and workmanlike manner
- Company has the right and authority to provide the contracted services
- Services will use industry-standard best practices
15.2 Client Warranties
Client warrants that:
- Client has authority to enter into this agreement
- All content provided to Company is owned by Client or properly licensed
- Client’s business and provided content comply with applicable laws
- Client maintains all necessary business licenses, permits, and registrations required for their industry
- Client’s business is operated legally and in compliance with all federal, state, and local regulations
- Client’s products and services are legal and properly represented in marketing materials
15.3 Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED ABOVE, COMPANY PROVIDES SERVICES “AS IS” WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15.4 Beta Features and Experimental Services
From time to time, Company may offer access to beta features, experimental services, or new tools that are still in development or testing phases.
Beta Services Disclaimer:
- Beta features are provided “AS IS” with no warranties of functionality, reliability, or performance
- Beta features may be discontinued, modified, or changed at any time without notice
- Company is not responsible for any issues, bugs, data loss, or problems arising from use of beta features
- Client uses beta features at their own risk
- Beta features may not be suitable for production or mission-critical use
- No refunds or credits will be issued for issues related to beta features
Client Acknowledgment:
By opting into beta features or experimental services, Client acknowledges:
- The experimental nature of these features
- Potential for bugs, errors, or unexpected behavior
- Possibility of feature discontinuation
- No guarantee of future availability or support
16. FORCE MAJEURE
Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control including acts of God, natural disasters, war, terrorism, labor strikes, government actions, internet or utility failures, or pandemics.
17. DISPUTE RESOLUTION
15.1 Good Faith Negotiation
In the event of any dispute arising from this agreement, the parties agree to first attempt resolution through good faith negotiation.
15.2 Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Florida. Any legal action arising from this agreement must be brought exclusively in the courts of Orange County, Florida.
15.3 Attorney Fees
If Company must take legal action to collect unpaid fees, enforce this Agreement, or defend against claims arising from Client’s breach, Client agrees to pay all of Company’s reasonable attorney fees, collection costs, and court costs.
If Client prevails in legal action due to Company’s material breach, each party will bear their own costs unless a court orders otherwise.
18. GENERAL PROVISIONS
18.1 Entire Agreement
These Terms and Conditions, together with any service-specific agreements, proposals, or contracts, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.
18.2 Amendments and Service Modifications
Amendments to Terms:
Modern Business Marketing reserves the right to modify, amend, update, or replace these Terms and Conditions at any time, at Company’s sole discretion, for any reason or no reason.
Notice of Changes:
- Updated terms will be posted on our website at https://ModernBusinessMarketing.com/terms-and-conditions
- Material changes will be communicated to active clients via email at least 30 days before taking effect
- Non-material changes (typographical corrections, clarifications, formatting) may be made without advance notice
Acceptance of Changes:
- Continued use of services after changes take effect constitutes Client’s acceptance of the modified terms
- If Client does not agree to modified terms, Client must cancel services by emailing help@modernbusinessmarketing.com before the effective date
- Client is responsible for regularly reviewing the Terms and Conditions for updates
Effective Date:
- Changes become effective on the date specified in the notice to clients
- For new clients, the Terms and Conditions in effect at the time of purchase apply
Service Modifications:
Modern Business Marketing reserves the right to:
- Modify service features, deliverables, or specifications with 30 days notice to active clients
- Discontinue specific services or service tiers with 60 days notice
- Change tools, platforms, or technologies used to deliver services
- Update proprietary methodologies and processes as industry best practices evolve
- Add new features or services to existing packages at Company’s discretion
Clients will be notified of material service modifications via email. Continued use of services after notification constitutes acceptance of modifications.
Price Changes:
All prices are subject to change with 30 days written notice to active clients as outlined in Section 5.1.
18.3 Severability
If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
18.4 Waiver
Failure to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.
18.5 Assignment
Client may not assign this agreement without Company’s written consent. Company may assign this agreement to any successor entity or affiliate.
18.6 Independent Contractor
Company is an independent contractor, not an employee, agent, or partner of Client.
18.7 Survival
Provisions related to payment, confidentiality, intellectual property, indemnification, limitation of liability, and dispute resolution survive termination of this agreement.
18.8 Electronic Communications and Acceptance
Client consents to receive all communications, agreements, and notices electronically via email.
Acceptance Through Conduct: Client’s purchase of services, submission of payment, continued use of services, or receipt of deliverables constitutes acceptance of these Terms and Conditions with the same legal effect as a handwritten signature. No separate signature is required.
19. AUDIT RIGHTS AND COMPLIANCE
19.1 Company Audit Rights
Modern Business Marketing reserves the right to audit Client’s compliance with these Terms and Conditions, including but not limited to:
What May Be Audited:
- Client’s use of delivered websites, content, and materials
- Client’s compliance with third-party platform policies
- Verification of Client’s business licensing and legal compliance
- Client’s use of Company’s intellectual property and proprietary methods
- Client’s adherence to content restrictions and prohibited activities
Audit Process:
- Company will provide 10 business days written notice before conducting an audit
- Audits may be conducted remotely via website review, platform inspection, or document request
- Client agrees to cooperate fully with audit requests and provide requested documentation within 5 business days
- Client may not unreasonably refuse audit requests related to contract compliance
19.2 Consequences of Non-Compliance
If an audit reveals Client is in violation of these Terms and Conditions:
- Company may immediately suspend services
- Company may immediately terminate the agreement without refund
- Client remains liable for all outstanding fees
- Client may be required to cease use of Company-delivered work product
- Client may be liable for damages resulting from non-compliance
- Company may pursue legal action for breach of contract
19.3 Client Right to Information
Client may request information about work performed by emailing help@modernbusinessmarketing.com. Company will provide reasonable documentation of services rendered within 10 business days of request.
20. NON-SOLICITATION
20.1 Non-Solicitation of Company Employees
During the term of this agreement and for 12 months following termination, Client agrees not to:
Prohibited Actions:
- Directly or indirectly solicit, recruit, or hire any Company employee, contractor, or consultant
- Encourage any Company employee to leave their employment with Company
- Assist any third party in recruiting or hiring Company employees
- Offer employment or contract opportunities to Company employees
This restriction applies to any Company employee the Client has had contact with during the service relationship, whether through meetings, emails, phone calls, or any other interaction.
20.2 Liquidated Damages
Client acknowledges that violation of the non-solicitation clause would cause significant harm to Company that would be difficult to quantify. Therefore, Client agrees that:
- If Client hires or engages any Company employee or contractor within the restricted period, Client will pay Company liquidated damages of $25,000 per person hired or engaged
- This amount represents a reasonable estimate of Company’s damages including recruiting costs, training costs, lost productivity, and business disruption
- Payment of liquidated damages does not preclude Company from seeking additional remedies including injunctive relief
20.3 Exceptions
This non-solicitation clause does not apply to:
- General job postings or advertisements not specifically targeted at Company employees
- Hiring that occurs more than 12 months after termination of services
- Employees who independently apply for positions without any solicitation from Client
20.4 Company’s Right to Injunction
In addition to liquidated damages, Company may seek immediate injunctive relief to prevent violation of this non-solicitation clause without need to post bond.
21. DATA RETENTION AND PRIVACY
17.1 Data Retention Period
Upon cancellation or termination of services, Modern Business Marketing will retain Client data for 30 days for the following purposes:
- Facilitating smooth transition to new providers
- Resolving any outstanding billing or service questions
- Allowing Client reasonable time to export or retrieve their data
After 30 days, all Client data, files, backups, reports, and records will be permanently deleted from Company systems unless:
- Client has purchased continued access to specific tools or platforms
- Client has requested a 7-day extension in writing for data export purposes
- Legal or regulatory requirements mandate longer retention
17.2 Data Export Responsibilities
Client is responsible for exporting, backing up, and retaining any data, reports, analytics, content, or files they wish to keep prior to service cancellation. Company is not responsible for data loss after the 30-day retention period.
17.3 Domain Registration
Modern Business Marketing does NOT register domains on behalf of clients. Client is solely responsible for:
- Domain registration and renewal
- Domain ownership and management
- DNS configuration and management
- Domain transfer processes
- Maintaining current domain registrar account information
If Client requests assistance with domain-related tasks, this may be provided as a separate service at the Web Programming hourly rate ($89/hour).
22. WHITE LABEL AND RESELLER SERVICES
18.1 White Label Services Permitted
Modern Business Marketing permits white label reselling of our services under the following conditions:
- Reseller must maintain an active service agreement with Modern Business Marketing
- Reseller is responsible for all client relationships, communications, and support
- Reseller sets their own pricing with end clients
- Modern Business Marketing is not disclosed to end clients unless specifically agreed
- Reseller agrees to all Terms and Conditions on behalf of their clients
- Reseller is solely responsible for end client satisfaction and any disputes
18.2 Reseller Responsibilities
White label resellers acknowledge and agree that:
- They are the primary point of contact for all end client issues
- They must comply with all service limitations and scope restrictions
- They cannot make guarantees or promises beyond what Company offers
- They are responsible for payment regardless of end client payment status
- Modern Business Marketing may terminate reseller agreements at any time
23. COMPETITOR CLIENTS AND MARKET EXCLUSIVITY
19.1 Competitor Client Policy
Modern Business Marketing reserves the right to work with multiple clients in the same industry or geographic market, subject to the following limitations:
For SEO Services:
Modern Business Marketing will only work with ONE client per focus keyword per city. Focus keyword allocations are specified in each SEO package (typically 5-20 keywords depending on package tier).
Example: If Client A has “kitchen remodeling” as a focus keyword in Boston, MA, Company will not accept Client B targeting “kitchen remodeling” in Boston, MA for the duration of Client A’s active subscription.
This policy applies at the focus keyword and city level only. Multiple clients may be served in:
- The same city with different focus keywords
- The same industry in different cities
- The same geographic region with non-competing business models
19.2 Area Exclusivity Contracts
Clients may purchase geographic exclusivity to prevent Modern Business Marketing from working with competitors in specified areas. Area Exclusivity Contracts are available for:
- City Exclusivity: Exclusive rights to specified keywords in one city
- County Exclusivity: Exclusive rights to specified keywords in one county
- Regional Exclusivity: Exclusive rights to specified keywords in multiple cities/counties
- State Exclusivity: Exclusive rights to specified keywords throughout one state
Area Exclusivity Contract Terms:
- Available as monthly or annual agreements
- Requires separate quote based on market size and keyword scope
- Premium pricing reflects exclusivity value and opportunity cost
- Exclusivity applies only to the specific keywords and services contracted
- Does not prevent Company from working with non-competing businesses in the same area
- Exclusivity agreements are separate from standard service agreements and require written approval
To request an Area Exclusivity Contract quote, email help@modernbusinessmarketing.com with:
- Desired geographic area (city, county, region, or state)
- Specific keywords or services requiring exclusivity
- Preferred term length (monthly or annual)
24. NOTICES
All notices, cancellations, and communications regarding this agreement must be sent via EMAIL ONLY to:
help@modernbusinessmarketing.com
No other methods of notice are accepted. Notices sent via postal mail, phone calls, text messages, social media, or any other method will NOT be considered valid or binding.
Company Contact Information (for reference only):
Modern Business Marketing
Address: 1317 Edgewater Dr, Orlando, FL 32804
Phone: (866) 561-4614
Email: help@modernbusinessmarketing.com
Website: https://ModernBusinessMarketing.com
Notice is effective upon receipt by the Company at the email address above.
25. ACKNOWLEDGMENT
By purchasing, subscribing to, or using Modern Business Marketing services, Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
Modern Business Marketing reserves the right to modify these Terms and Conditions at any time. Continued use of services after changes constitutes acceptance of the modified terms.
Contact Us
Modern Business Marketing
1317 Edgewater Dr, Orlando, FL 32804, United States
Phone: (866) 561-4614
Email: help@modernbusinessmarketing.com
Website: https://ModernBusinessMarketing.com
