Terms of Service

1. Use of the Site

You may use the Site for lawful purposes only. You agree not to interfere with the Site, attempt unauthorized access, scrape or copy content for commercial use without permission, or submit false, misleading or abusive information through our forms. Content on the Site is provided for general information about our Services and is not legal, financial or professional advice.

2. Plans, pricing and setup fee

Our monthly plans, add-on services and prices are published on the Site and confirmed in your Order. Prices are in U.S. dollars. A one-time setup fee applies to all monthly plans and is stated in your Order. We may change published prices at any time, but the price in your signed Order applies for the term of that Order.

Advertising spend paid to Google, Meta or any other platform is separate from, and not included in, any plan or management fee. Ad spend is billed by the platform directly to your payment method, or invoiced to you at cost, as set out in your Order. Ad management fees are based on the spend tier stated in your Order.

3. Term, minimum commitment and renewal

Monthly plans have a 3-month minimum commitment beginning on the start date in your Order. After the minimum term, plans continue month to month until cancelled. You may pay monthly, or prepay three months at the discounted prepay price shown on the Site. Prepaid amounts are for the full 3-month term and are not refundable except as stated in Section 6.

4. Billing and payment

Monthly fees are billed in advance on the same day each month and are due on receipt. You authorize us (or our payment processor) to charge the payment method on file. Late payments may be subject to a late fee of 1.5% per month or the maximum permitted by law, whichever is less, and we may suspend Services on accounts more than 15 days past due. You are responsible for any taxes applicable to the Services other than taxes on our income.

5. Cancellation

You may cancel a monthly plan after the 3-month minimum by giving us written notice (email is sufficient) at least 15 days before your next billing date. Cancellation takes effect at the end of the current paid period; there are no refunds for partial months. Cancelling during the minimum term does not relieve you of the fees for the remainder of the minimum term. One-off projects (for example, a website build or branding project) are billed as set out in the Order and may require a deposit that is non-refundable once work has begun.

6. Results Policy

Our published Results Policy states: “If we don't show results within 3 months, we'll keep working at no additional cost until we do.” This section defines how that policy works.

• “Results” means a measurable improvement, shown in your reporting dashboard, in at least one of the following compared with the baseline we record at the start of your plan: search rankings for the target keywords in your Order, Google Business Profile views or actions, website traffic, leads (calls, forms, messages or bookings tracked through the Services), or, for paid advertising, tracked conversions or cost per lead.
• The 3-month window starts when your plan begins and your website (if included) and Google Business Profile access have been provided to us.
• “Keep working at no additional cost” means that if no Results are shown at the end of the 3-month window, we will continue providing the services included in your plan, at no additional monthly plan fee, until Results are shown. This does not cover advertising spend, third-party costs (such as hosting, software or listings fees), add-on services, or scope beyond your plan.
• Client responsibilities. The Results Policy applies only if you have paid all invoices on time, given us the access and materials we request (for example, Google Business Profile, website, ad accounts, photos and approvals) within 10 business days of request, and have not made changes to the website, listings or campaigns that undermine the work. It does not apply where results are prevented by circumstances outside our reasonable control, including platform suspensions caused by your own actions, penalties resulting from prior work by others, or a change in your business (such as closing, relocating or changing your name).
• No guarantee. The Results Policy is a service commitment, not a guarantee of any specific ranking, position, traffic level, number of leads, revenue or return on investment. Search engines and advertising platforms control their own results, and we do not control them.

7. No guarantee of rankings or outcomes

Except for the Results Policy in Section 6, we make no representation, warranty or guarantee regarding search engine rankings, traffic, leads, sales, revenue, review ratings, social media growth or any other outcome. Testimonials, examples and case studies on the Site reflect individual experiences and illustrative scenarios and are not a promise of similar results. Marketing outcomes depend on many factors outside our control, including your market, competitors, pricing, reputation, responsiveness to leads, and the policies and algorithms of Google, Meta and other platforms.

8. Your responsibilities

• Provide accurate information, timely feedback and approvals, and the access and materials we reasonably need (logins, photos, logos, business details, licenses).
• Ensure you have the right to use any content, images, trademarks and data you give us, and that your business, offers and claims comply with applicable law and platform policies.
• Respond to the leads generated by the Services; we are not responsible for leads that are not followed up.
• Maintain your own domain registration, and keep your own copies of passwords and account credentials we share with you.
• Comply with all laws that apply to your business, including advertising, consumer protection, licensing and industry-specific rules. You are responsible for the accuracy and legality of your own business claims that appear on your website and in your marketing.

9. Ownership and intellectual property

• Your materials. You own your domain name, your business name and trademarks, the content, photos and data you provide, your customer and lead data, and your Google Business Profile, ad accounts and social media accounts. Where we create accounts on your behalf, we create them in your name and give you owner access.
• Deliverables. Once you have paid in full for a website build, branding project or other one-off deliverable, and (for websites included in a monthly plan) once the 3-month minimum commitment has been paid, you own the website design, pages, copy and graphics we created specifically for you, and we will provide you with the site files on request.
• Our tools. We retain ownership of our pre-existing materials, templates, code libraries, processes, reporting dashboards, software subscriptions and know-how, and grant you a non-exclusive license to use any of them that are incorporated into your deliverables for your business. Third-party software, fonts, stock images, plugins and platforms remain subject to their own licenses.
• Hosting and dashboards. Hosting and the reporting dashboard are provided as a service for as long as you are on a plan or paying the hosting add-on. If you leave, we will provide your site files and reasonable assistance to transfer hosting.
• Portfolio. Unless you tell us otherwise in writing, we may display work we created for you (for example, your website design) in our portfolio and marketing.

10. Third-party platforms

The Services depend on third-party platforms such as Google, Meta, Netlify, Square, review sites and directories. Those platforms may change or suspend features, policies, pricing or accounts at any time. We are not responsible for platform actions, outages, policy changes or account suspensions that are not caused by our breach of these Terms. We are not affiliated with or endorsed by any such platform.

11. Reviews and reputation services

Our reputation services help you request reviews from your genuine customers and monitor and respond to reviews. We do not write, buy or post fake reviews, offer incentives for reviews, or selectively filter which customers are asked, and you agree not to ask us to do so. You are responsible for the accuracy of your responses to reviews.

12. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform or receive the Services, except where disclosure is required by law.

13. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ORDER, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LD WEB DESIGN AND MARKETING AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify and hold harmless LD Web Design and Marketing from any claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from the content, materials, products, services or claims of your business; your violation of law or platform policies; or your breach of these Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing any claim, the parties agree to try in good faith to resolve the dispute by contacting each other in writing and discussing it for at least 30 days. Any dispute that is not resolved will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to their jurisdiction. Any claim must be brought within one (1) year after it arises. The prevailing party in any action to enforce these Terms is entitled to recover reasonable attorneys' fees and costs.

17. Communications consent

By submitting a form on the Site and checking the consent box, you agree to be contacted as described in Section 3 of our Privacy Policy. You can withdraw consent at any time as described there.

18. General

These Terms, our Privacy Policy and your Order are the entire agreement between you and us about the Site and Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Notices to us should be sent to ldwebdesignandmarketing@gmail.com. We may update these Terms by posting a revised version with a new effective date; changes apply to new Orders and to your continued use of the Site, and do not change the pricing or minimum term of an existing Order.