Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Modern Day Marketing ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services

Modern Day Marketing provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click Advertising (Google Ads, Facebook Ads)
• Social Media Marketing
• Google Business Profile Optimization
• Website Design and Development
• Email Marketing
• Content Marketing

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information about your business
• Grant necessary access to accounts and platforms required for service delivery
• Respond to requests for information in a timely manner
• Comply with all applicable laws and regulations
• Pay fees according to the agreed-upon payment terms

4. Payment Terms

Payment terms are outlined in your service agreement. Generally:

• Monthly retainer fees are due on the first of each month
• Ad spend is billed separately and paid directly to advertising platforms
• Late payments may result in service suspension
• All fees are non-refundable unless otherwise specified

5. Results and Guarantees

While we strive to achieve the best possible results for our clients, digital marketing results can vary based on many factors including market conditions, competition, and industry. Any guarantees or performance commitments are outlined in your specific service agreement.

Our "leads in 48 hours or you don't pay" guarantee is subject to specific terms and conditions outlined in your service agreement and applies only to qualifying accounts.

6. Intellectual Property

Unless otherwise agreed in writing:

• You retain ownership of your existing intellectual property
• Content created specifically for your campaigns becomes your property upon full payment
• Our proprietary methods, strategies, and tools remain our intellectual property
• You grant us permission to use your company name and results in our marketing materials

7. Confidentiality

We agree to keep confidential all non-public information shared with us during the course of our engagement. This includes business strategies, financial information, customer data, and campaign performance metrics.

8. Termination

Either party may terminate the service agreement with 30 days written notice, unless otherwise specified in your contract. Upon termination:

• All outstanding fees become due immediately
• We will provide reasonable transition assistance
• Access to our proprietary tools and platforms will be revoked

9. Limitation of Liability

To the maximum extent permitted by law, Modern Day Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability shall not exceed the fees paid by you in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Modern Day Marketing, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your breach of these terms or your use of our services.

11. Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will notify existing clients of material changes via email. Continued use of our services after changes constitutes acceptance of the new terms.

14. Contact Information

For questions about these Terms of Service, please contact us at: