TERMS AND CONDITIONS

Modern Business Marketing
https://ModernBusinessMarketing.com
help@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.

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.

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.

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

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

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

2.4 Google Ads & YouTube Ads Management

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

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

2.5 Social Media Management

Included:

  • Content creation and scheduling for specified social platforms
  • Community management and engagement
  • Social media strategy development
  • Monthly analytics and reporting
  • Brand voice development

NOT Included:

  • 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
  • Legal compliance for regulated industries

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 Basic Web Hosting Packages

Included:

  • Server space and bandwidth
  • Domain hosting
  • SSL certificate
  • Basic server maintenance and updates
  • 99.9% uptime guarantee

NOT Included:

  • Website backups (Client responsibility unless subscribed to Web Design, Hosting, or Maintenance packages that include backups)
  • WordPress updates or plugin updates (see Website Maintenance packages)
  • Website content changes or modifications (see Web Programming)
  • Email hosting (we recommend Google Workspace, Microsoft 365, or GoDaddy – Client provides email hosting credentials if needed)
  • Domain registration or management (Client is responsible for domain ownership and renewal)
  • Premium plugin licenses after cancellation (see Licensed Software section)
  • Technical support for website functionality issues (see Web Programming)
  • Security monitoring or malware removal (unless specifically included in package tier)

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:

  1. Requested in writing via email to help@modernbusinessmarketing.com
  2. Reviewed and approved by Modern Business Marketing ownership
  3. Documented in a separate written agreement or amendment
  4. 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

4.1 Pricing and Billing

  • All services are billed according to the rates specified in service-specific agreements or proposals
  • Subscription services are provided on a month-to-month basis unless otherwise specified in writing
  • 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

4.2 Payment Requirements by Service Type

Subscription Services (must be paid in full prior to service delivery):

  • SEO packages
  • Social Media Management
  • Advertising Management (Meta Ads, Google Ads)
  • Web Hosting packages
  • Website Maintenance packages

All subscription services require a valid credit card or debit card on file for automatic recurring billing.

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

4.3 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 4.4

4.4 Failed Payments and Service Suspension

If a payment fails, the Client will be notified and given 5 business days to provide updated payment information.

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:

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 19)
  • 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.

4.5 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 4.4.

4.6 Refund Policy

All fees paid are non-refundable. Services are provided on a month-to-month basis (after any initial commitment period). Either party may cancel at any time with 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.

6. CANCELLATION & TERMINATION

6.1 Client Cancellation

Cancellation Notice Requirements:

Client may cancel services after any initial commitment period by providing 30 days written notice to help@modernbusinessmarketing.com.

Subscription Package Cancellations:

For all subscription services (SEO, Social Media Management, Advertising Management, Web Hosting, Website Maintenance):

  • Client must provide 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

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

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)

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)

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, 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

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

  • Responding to Company requests for information within reasonable timeframes
  • Reading and understanding service agreements and reports provided
  • Asking questions when clarification is needed

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:

  1. No Liability: Company is not responsible for any negative impact on results, rankings, performance, or ROI resulting from Client modifications
  2. Results May Be Affected: Client acknowledges that unauthorized changes may negatively impact SEO rankings, advertising performance, social media engagement, and overall campaign effectiveness
  3. No Refunds: Unauthorized changes do not constitute grounds for refund, service complaints, or breach of contract claims
  4. Additional Fees: Company may charge additional fees to audit, troubleshoot, or repair issues caused by Client modifications
  5. 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

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. INTELLECTUAL PROPERTY

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. CONFIDENTIALITY

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

13. WARRANTIES AND DISCLAIMERS

13.1 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

13.2 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

13.3 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.

14. 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.

15. 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.

16. GENERAL PROVISIONS

16.1 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.

16.2 Amendments

Company may update these Terms and Conditions at any time by posting the updated version on our website. Material changes will be communicated to active clients via email at least 30 days before taking effect.

16.3 Severability

If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Failure to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.

16.5 Assignment

Client may not assign this agreement without Company’s written consent. Company may assign this agreement to any successor entity or affiliate.

16.6 Independent Contractor

Company is an independent contractor, not an employee, agent, or partner of Client.

16.7 Survival

Provisions related to payment, confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination of this agreement.

16.8 Electronic Communications

Client consents to receive all communications, agreements, and notices electronically. Electronic signatures have the same legal effect as handwritten signatures.

19. DATA RETENTION AND PRIVACY

19.1 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

19.2 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.

19.3 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).

20. WHITE LABEL AND RESELLER SERVICES

20.1 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

20.2 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

21. COMPETITOR CLIENTS AND MARKET EXCLUSIVITY

21.1 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

21.2 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)

All notices, cancellations, and communications regarding this agreement must be sent in writing to:

Modern Business Marketing
Email: help@modernbusinessmarketing.com

23. 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.