Terms of Service Agreement
By engaging with M16 Marketing® for any website development, design, SEO, PPC, social media, website hosting, and support services, the Client agrees to the following Terms and Conditions. Please read them carefully. These Terms and Conditions govern the use of M16 Marketing®’s services and are applicable upon the Client’s acceptance of an estimate or payment of an invoice.
2. Acceptance of Terms
It is understood that acceptance of these terms is implicit upon the Client’s receipt of the estimate, payment of any invoices, or initiation of any service from M16 Marketing®. No formal agreement or signature is required for these Terms and Conditions to apply.
3. Charges and Payments
3.1 Fees and Payment Terms
Charges for services are defined in the project estimate and/or invoice. All quotes are valid for 10 days. After this period, M16 Marketing® reserves the right to alter or decline the quotation. Clients are responsible for the full payment of agreed services.
3.2 Payment Schedule
- A 50% deposit is required to begin any web development and design project.
- The remaining 50% is due upon final approval and before the handover of the project assets.
- Projects under $4,999 and less than 30 days in duration will require 100% upfront payment.
3.3 Late Payments and Fees
- Accounts not settled within 15 days of the invoice date will incur a 5% late fee.
- For delays caused by the Client in project completion, a 1% fee will apply for each week of delay. If the delay extends beyond 4 weeks, M16 Marketing® reserves the right to request final payment and move assets to the Client’s server.
3.4 Automatic Recurring Payments
For ongoing services such as SEO, Google Ads, PPC, Social Media, and Support, automatic recurring payments are set up on a 30-day basis for a period of 12 months. The 12-month commitment ensures that Clients will not incur any increased fees during the contract period. After the 12-month period, fees may be adjusted based on changes in service offerings, inflation, or other factors, and the Client will be notified accordingly.
Clients may cancel recurring payments by contacting their account manager, project manager, or any senior staff member via email with at least a 30-day notice prior to the next payment due date. Final billing will be processed at the time of cancellation, covering any outstanding charges through the notice period.
Clients who cancel recurring payments will not be entitled to a refund for any payments already made. Cancellations will take effect at the end of the current billing cycle, and the Client will continue to receive services until the end of that period.
3.5 Alternative Payment Option (Non-AutoPay Clients)
Clients who are unable to use automatic recurring payments may elect to pay quarterly in advance.
Quarterly payments must be made prior to the start of each service quarter and will be billed at the equivalent of three months of service fees.
Failure to remit payment before the beginning of the service quarter may result in temporary suspension of services until payment is received.
4. Client Responsibilities and Warranty
4.1 Client Responsibilities
The Client is responsible for ensuring that all content (images, text, and other materials) provided to M16 Marketing® is correct and legally authorized for use. M16 Marketing® is not liable for any copyright violations or errors in content provided by the Client.
4.2 Warranty for Website Development
M16 Marketing® offers a 6-month warranty on code and design errors. This warranty covers:
- Fixing broken links and error messages
- Addressing system loading problems
- Troubleshooting video/audio issues or file viewing problems
- Addressing browser compatibility issues (defined in contract)
4.3 Exclusions to Warranty
- Any alterations made by the Client or third-party applications after launch are outside the scope of the warranty.
- Any changes to the CMS (Content Management System) or other technical components not performed by M16 Marketing® are not covered.
5. Response Time and Resolution Time for All Services
M16 Marketing® will prioritize Client requests based on alert severity. Below is the standard service level agreement (SLA) for different types of alerts, applicable to all services:
| Alert Type | Issue Severity | Response Time | Resolution Time |
|---|---|---|---|
| A-Priority Alert | Critical issues, such as a complete website outage or functionality loss. | Within 4 hours | Within 8 hours |
| B-Priority Alert | Key functions critical to business but not a full outage. | Within 24 hours | Within 24 hours |
| C-Priority Alert | Non-critical issues with available workarounds. | Within 48 hours | Within 48 hours |
| D-Priority Alert | Minor issues that don't affect usability significantly. | Within 48 hours | Best effort |
5.1 Definitions of Alert Types
- A-Priority Alert: These are highly critical issues that affect the core functionality of the website or service. Examples include complete website downtime or significant feature loss. Immediate attention and resolution are required.
- B-Priority Alert: These are critical but non-immediate issues that affect essential website or service functions but do not result in total service loss. Examples include a key feature failing to load or slow website performance.
- C-Priority Alert: These issues are non-critical and may have a workaround or minor impact on functionality. Examples include minor design glitches or slow load times for non-essential pages.
- D-Priority Alert: These are minor issues that do not materially affect the website or service. Examples include small design inconsistencies or cosmetic issues that do not interfere with functionality.
5.2 Response Time
- Response Time refers to the time within which M16 Marketing® acknowledges receipt of the alert and begins working towards a resolution.
5.3 Resolution Time
- Resolution Time refers to the time within which M16 Marketing® resolves the issue and ensures normal functioning of the website or service.
6. Website Hosting Services
6.1 Website Hosting
M16 Marketing® offers website hosting with the following features:
- Visitors: Unmetered
- Storage: Based on the plan selected
- Bandwidth: Based on the plan selected
- PHP Workers: Unlimited
- Uptime Guarantee: 99.99%
- Free SSL: Included
- Enterprise CDN: Included
- WAF: Included
- Malware Protection: Included
- Automated Daily Backups: Included
- Backup Retention: 14 days
- PHP Versions: 5.6, 7.4, 8.0, 8.1, 8.2, 8.3
6.2 Backup and Security
- Automated daily backups are provided, and retained for 14 days.
- Regular malware protection and security updates are included in the hosting plan.
7. Content and Design Updates
7.1 Content Modifications
Any text, image, or video updates not included in the original scope of work will require a separate quote. This includes:
- Additional text or image updates
- Major design layout modifications
- New pages or features beyond the agreed scope
7.2 Custom and Templated Pages
- Custom pages: $500 per page
- Templated pages: $200 per page
8. Termination of Services
8.1 Client-Initiated Termination
Termination of services must be requested in writing. All work completed up to the date of cancellation will be invoiced and must be paid by the Client.
8.2 M16 Marketing®-Initiated Termination
M16 Marketing® reserves the right to terminate services if the Client violates any terms outlined in this agreement, including failure to pay invoices within the specified period.
9. Liability and Limitation
9.1 Limitation of Liability
M16 Marketing®’s liability is limited to the fees paid for services rendered in the case of any claim, dispute, or legal action. M16 Marketing® is not responsible for damages arising from third-party integrations or Client-modified content.
9.2 Force Majeure
M16 Marketing® shall not be held responsible for delays or failures in service caused by factors beyond reasonable control, such as natural disasters, government actions, or internet disruptions.
10. Confidentiality
10.1 Confidentiality Obligations
M16 Marketing® agrees to maintain the confidentiality of all proprietary information provided by the Client, including but not limited to business plans, marketing strategies, financial data, and any other non-public information. M16 Marketing® will not disclose such information to any third parties without the Client’s prior written consent, except as required by law.
10.2 Client’s Confidentiality Obligations
The Client agrees to maintain the confidentiality of any proprietary or confidential information provided by M16 Marketing®, including but not limited to designs, code, strategies, and any materials marked as confidential. The Client agrees not to disclose such information to any third parties without M16 Marketing®’s prior written consent.
11. Governing Law and Dispute Resolution
11.1 Governing Law
This Agreement will be governed by the laws of Cobb County, Georgia.
11.2 Dispute Resolution
In the event of a dispute, the parties agree to attempt to resolve the matter amicably through mediation before proceeding to arbitration or litigation.
12. Miscellaneous
12.1 Severability
If any provision of this Agreement is found to be unenforceable, the remainder of the Agreement will remain in full force and effect.
12.2 Entire Agreement
These Terms and Conditions supersede any prior agreements and represent the complete understanding between M16 Marketing® and the Client.