Terms of Service

1. Acceptance of terms

By using the website at techmarketingsolutions.com (the "Site") and engaging Tech Marketing Solutions Dot Com LLC ("Company," "we," "us" or "our") for any services, you ("you," "Client" or "your") agree to be bound by these Terms of Service. If you do not agree, please do not use our Site or services.

These Terms apply to all services offered by the Company through the Site or otherwise, including website development, website hosting, AI implementation and automation, CRM setup and automation, marketing and consulting, SEO, social media management, computer and remote support, business coaching, and any future digital services the Company may introduce.

2. Services description

The Company is based in the Milton and Pace, Florida area and serves clients locally and online. The Company provides website design and development, domain registration and email setup, hosting, social media management, search engine optimization (SEO), CRM setup and automation, AI tools and automation, marketing consulting, computer and remote support, and related business coaching services. The scope, deliverables, timeline and pricing for any engagement will be set out in a separate service agreement or proposal given to you before work begins. If these Terms conflict with your service agreement, the service agreement controls.

3. Client responsibilities

To deliver our services well, the Company relies on your timely cooperation. You agree to:

• Provide accurate, complete and lawful content, information and materials needed to perform the services;
• Respond to requests for feedback, approvals and required materials in a reasonable time;
• Keep your accounts and payment methods in good standing;
• Make sure you have the legal right to use and share any content, images, logos, contact lists or other materials you give the Company; and
• Follow all laws that apply to your business and the services.

Delays or added costs caused by incomplete information, slow responses or changes in scope are your responsibility and may affect timelines and fees.

4. Payment terms

Pricing for our services is as listed on the Site or as quoted in your proposal. Setup fees are one-time and non-refundable once work has begun. Monthly service fees are billed on a recurring basis in advance and may be canceled at the end of any billing period. All fees are in U.S. dollars.

Payments are due on the date stated in your proposal or invoice. If payment is not received when due, the Company may, after reasonable notice, suspend or pause services, including taking a website offline, pausing hosting, or halting social media and marketing activity, until the account is current. Reactivation may carry a fee. Accounts that stay unpaid may be terminated as described in Section 15. You remain responsible for all fees incurred before suspension or termination.

Chargebacks. Client agrees not to start chargebacks for services that have been provided or substantially performed. If a chargeback is started, the Company reserves the right to suspend all services until the matter is resolved.

Collection costs. Client agrees to reimburse the Company for reasonable collection costs, attorneys' fees, court costs and related expenses incurred in collecting overdue amounts.

5. Third-party services and costs

Our services often involve third-party platforms and providers, including domain registrars, website hosting, Google Workspace or other email providers, CRM and automation platforms (such as GoHighLevel), payment providers and social media platforms (together, "Third-Party Services"). Your use of any Third-Party Service is subject to that provider's own terms, policies and pricing.

Unless your service agreement says otherwise:

• Costs. Fees for Third-Party Services (such as domain renewals, hosting, email and CRM subscriptions) are either billed to you directly by the provider or passed through and reimbursed to the Company. These costs are separate from our service fees.
• Ownership and access. After full payment, you own your domain and website content as described in Section 10. Where a Third-Party Service (such as a CRM or hosting account) is provided under the Company's account or subscription, your access to it and its continuity depend on your account staying active and paid.
• Cancellation. If you cancel or your account is terminated, the Company will make commercially reasonable efforts to move domains, content and data you own to you or to an account you control. Ongoing Third-Party Services tied to the Company's subscriptions may be discontinued on termination unless separate arrangements are made in writing. You are responsible for your own backups.
• Renewals. Client is ultimately responsible for watching and renewing domain registrations, SSL certificates, hosting services, email services and other subscriptions unless agreed otherwise in writing.

The Company is not responsible for outages, price changes, data loss or discontinuation caused by Third-Party Services outside its reasonable control.

6. Email, SMS and marketing communications compliance

Where the Company sets up or manages email or SMS/text marketing, CRM messaging or similar communications for you, you alone are responsible for making sure that:

• You have obtained all legally required consents from the people on any contact lists you provide or ask the Company to message;
• Your contact lists were lawfully obtained; and
• The content and frequency of communications follow all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and any state-level equivalents.

You agree to indemnify and hold the Company harmless from any claims, fines or penalties arising from communications sent to contacts or lists you provided or directed the Company to use. The Company may decline to send communications it reasonably believes are not compliant.

6A. Text message program terms

Program name. Tech Marketing Solutions Text Messages.

What we send. Appointment confirmations and reminders, replies to your questions, follow-up about the website, marketing and CRM services you asked about, project updates for clients, and occasional offers. You join by ticking the text consent box on one of our forms or booking pages, or by texting us first. The box is never ticked for you, and you can book or buy without it.

How often. Message frequency varies.

Cost. Msg & data rates may apply. Check your mobile plan for details.

Opting out. Reply STOP to any message to stop all texts from us. STOP, END, CANCEL, UNSUBSCRIBE and QUIT all work. You may get one final text confirming you opted out, and then no more texts unless you join again. To join again, reply START.

Help. Reply HELP for help, or reach us at jay@techmarketingsolutions.com or 630.660.9671.

Carriers. Carriers are not liable for delayed or undelivered messages.

Consent is not a condition of purchase. You do not have to agree to texts to buy any service from us.

Privacy. We do not share or sell your mobile number or text consent for marketing. See Section 4 of our Privacy Policy.

7. Consulting, recommendations and client systems

A significant part of our services involves recommendations, guidance and coaching, and at times setup, configuration or changes on systems, accounts, devices or computers that you own or control ("Client Systems").

You acknowledge and agree that:

• Recommendations are advisory. Suggestions, strategies, tools, integrations or configurations the Company recommends are offered for your consideration. You are responsible for deciding whether to use them and for judging whether they suit your business.
• You control implementation. You keep final control over, and responsibility for, any changes made to Client Systems, whether made by you, by the Company at your direction, or by a third party.
• No liability for Client Systems. To the fullest extent the law allows, the Company is not liable for any loss, damage, downtime, data loss or corruption, security incident, hardware or software malfunction, or business interruption arising out of or relating to (a) recommendations or advice the Company provides, or (b) work the Company performs on Client Systems, accounts or devices at your request.
• Backups are your responsibility. You are responsible for keeping current backups of your data, files, websites and systems before, during and after any work. We strongly recommend a backup before you make any change.
• Access credentials. If you give the Company access credentials to Client Systems, you state that you are authorized to grant that access, and you are responsible for revoking access and updating credentials when an engagement ends.

Remote access. Client authorizes the Company to remotely access computers, servers, websites, hosting accounts, CRM platforms and related systems as needed to perform requested services. Client acknowledges that remote access carries inherent risks and releases the Company from liability except in cases of gross negligence or willful misconduct.

You agree to indemnify and hold the Company harmless from claims arising out of changes to, or use of, Client Systems, except to the extent caused by the Company's gross negligence or willful misconduct.

8. AI services

The Company may provide artificial intelligence ("AI") tools, automations, chatbots, content generation, workflow automation or other AI-assisted services. AI-generated outputs may contain inaccuracies, omissions, outdated information or unintended results. Client is solely responsible for reviewing, verifying, approving and monitoring all AI-generated content, communications, recommendations, code, automations or business decisions before use.

The Company does not guarantee the accuracy, legality, originality or suitability of AI-generated output and is not liable for damages arising from the use of AI services or AI-generated content.

9. Website development, hosting and maintenance

Maintenance and support. Unless included in an active maintenance or hosting agreement, the Company has no obligation to provide future updates, compatibility fixes, software upgrades, plugin updates, security patches or technical support after project completion.

Browser and device compatibility. The Company makes commercially reasonable efforts to ensure compatibility with current major browsers and devices but does not guarantee compatibility with obsolete browsers, operating systems or third-party software.

Website availability. The Company does not guarantee uninterrupted website availability. Scheduled maintenance, software updates, Third-Party Service interruptions, internet outages, cyber incidents or other circumstances beyond the Company's reasonable control may cause temporary downtime.

10. Intellectual property

After full payment for services rendered, you own your website, domain and any content created specifically for you. The Company keeps the right to display your completed project in its portfolio and marketing materials unless agreed otherwise in writing. Third-party platforms and tools used in your setup (such as CRM platforms) remain subject to their own terms and licensing.

Open-source and third-party components. Deliverables may include open-source software or third-party components that have their own licenses. Those components remain governed by their respective licenses.

Company property and file access. After completion and full payment, Client will receive reasonable access to the files and assets included in the agreed scope of work. The Company keeps ownership of its pre-existing materials, proprietary internal tools, development environments, automation templates, workflows, scripts, frameworks, methods, know-how and internal documentation, and grants you a license to use them only as included in your deliverables.

11. Client content and indemnification

You are solely responsible for all content, materials, images, text, logos, product information and data you provide to the Company or ask the Company to publish ("Client Content"). You state and warrant that you own or have the necessary rights and permissions to use and share all Client Content and that it does not infringe any third party's rights or violate any law.

You agree to indemnify, defend and hold harmless the Company and its owners, employees and contractors from any claims, damages, losses or expenses (including reasonable attorneys' fees) arising out of (a) Client Content, (b) your use of the services or deliverables, (c) communications sent to contacts or lists you provided, or (d) changes to or use of Client Systems, except to the extent caused by the Company's gross negligence or willful misconduct.

12. Project delivery, approval and delays

Timelines. Project timelines are estimates only. Delays caused by Client, Third-Party Services, force majeure events or changes in scope automatically extend delivery dates.

Approval. Deliverables approved by Client are deemed accepted. Any later revisions or changes requested after approval may require additional fees.

13. SEO, marketing and business results

Search engine algorithms, indexing, rankings and visibility are controlled by third parties and may change at any time without notice. The Company cannot guarantee indexing, rankings, traffic levels, conversions or search engine placement.

Business success depends on many factors outside the Company's control, including Client implementation, competition, industry conditions, budgets, sales approaches, staffing and economic conditions. The Company does not guarantee business growth, profitability, customer acquisition or return on investment.

14. Data, backups and restoration

Client remains solely responsible for keeping independent backups of all websites, databases, files, email accounts, CRM data and digital assets at all times.

The Company does not guarantee restoration of deleted data, websites, email accounts, databases or other digital assets. Restoration efforts are made on a commercially reasonable basis only if backups are available.

15. Cancellation and termination

Our services are month-to-month with no long-term contracts unless your service agreement says otherwise. You may cancel at the end of any billing period. The Company reserves the right to suspend or terminate services for non-payment or breach of these terms with reasonable notice.

On termination, the Company will make commercially reasonable efforts to move to you the domains, website content and data you own. Ongoing services and Third-Party Services tied to the Company's accounts or subscriptions may be discontinued unless separate arrangements are made in writing. You are responsible for all fees incurred through the effective date of termination. Sections that by their nature should continue after termination, including intellectual property, disclaimers, limitation of liability, indemnification, confidentiality and governing law, will continue.

16. Warranties and disclaimers

The Company provides services on an "AS-IS" and "AS-AVAILABLE" basis. While the Company strives for excellence and timely delivery, it makes no warranties, express or implied, and specifically disclaims any implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no guarantees regarding specific business outcomes, revenue increases, search engine rankings, follower growth or lead generation results. The Company does not warrant that services or any Third-Party Service will be uninterrupted, error-free or secure.

Security. While the Company follows commercially reasonable practices, no website, server, software platform, email system, CRM or online service can be guaranteed completely secure. Client understands that cybersecurity incidents, hacking attempts, malware, ransomware, phishing, unauthorized access and data breaches may occur despite reasonable safeguards.

17. Limitation of liability

To the fullest extent the law allows, in no event will the Company, or its owners, employees or contractors, be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or business interruption, arising out of or relating to the services, even if advised of the possibility of such damages. The Company's total cumulative liability in any matter arising out of or relating to these Terms or the services is limited to the total amount actually paid to the Company for the specific services giving rise to the claim during the three (3) months immediately before the event giving rise to the claim.

18. Confidentiality

Both parties agree to keep confidential any non-public business, financial, technical, customer, marketing or proprietary information received from the other party during the engagement and to use that information only as needed to perform the services.

19. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. The parties agree that the exclusive venue for any dispute arising out of or relating to these Terms or the services is the state or federal courts located in Santa Rosa County, Florida, and each party consents to personal jurisdiction there.

Before starting any formal legal action, the parties agree to first try in good faith to resolve the dispute through direct discussion. The prevailing party in any action to enforce these Terms may be entitled to recover its reasonable attorneys' fees and costs.

20. Force majeure

The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, severe weather, power or internet outages, failures of Third-Party Services, labor disputes, governmental actions or other force majeure events.

21. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is part of these Terms. By using the Site and services, you consent to the practices described in the Privacy Policy.

22. General provisions

Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in full force and effect.

Waiver. Failure by either party to enforce any provision is not a waiver of future enforcement.

Entire agreement. These Terms, together with any proposal, statement of work, invoice or service agreement, make up the entire agreement between the parties regarding the services.

Assignment. Client may not assign these Terms without written consent. The Company may assign these Terms in connection with a merger, acquisition or sale of substantially all assets.

Electronic signatures. Electronic acceptance of these Terms, including acceptance through the Site, online proposals, invoices or electronic signature platforms, is a legally binding agreement.

Modifications. The Company may update these Terms from time to time. When it does, it will revise the "Last updated" date above. Your continued use of the Site or services after changes are posted means you accept the revised Terms.

23. Contact

For questions about these Terms of Service, contact us:

Company: Tech Marketing Solutions Dot Com LLC
Email: jay@techmarketingsolutions.com
Phone: 630.660.9671
Address: 4602 CR RD 673 #8101, Bushnell, FL 33513