Terms of Service

1. Services

Savage Digital Solutions LLC (“Provider”, “we”, “us”) provides web development, search engine optimization (SEO), paid advertising management, CRM & automation services, and related digital marketing services (“Services”) to you (“Client”, “you”). The specific scope of Services is defined in individual Work Statements attached to your Master Service Agreement. Services are limited to what is expressly described in the applicable Work Statement; anything outside that scope requires a separate written agreement.

2. Subscriptions & Billing

By subscribing to a Service through our portal, you authorize recurring charges to your payment method at the selected billing interval (monthly or annual). Annual subscriptions are billed upfront for the full year at the discounted rate shown at the time of purchase.

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. Prices may be updated with 30 days' written notice.

Invoices are due upon receipt unless otherwise specified in the Work Statement. Late payments accrue interest at a rate of 1.5% per month (18% annually) on the outstanding balance. Provider may charge a $50 late fee for any invoice that remains unpaid more than fifteen (15) days after the due date. Late fees and interest are in addition to, and do not limit, Provider's other remedies under Section 14.

3. Cancellation & Refunds

You may cancel your subscription at any time through the client portal. Upon cancellation, your Service remains active until the end of the current billing period. No refunds are issued for partial billing periods.

You may pause your subscription for up to one month. During the pause period, Services are suspended and no charges are incurred. The subscription automatically resumes after the pause period.

4. Client Responsibilities

You agree to:

1. Accurate Information. Provide accurate, complete, and current business information, login credentials, and content. You are responsible for the accuracy of all information and materials you supply.
2. Timely Responses. Respond to requests for information, approvals, or feedback within five (5) business days. Delays caused by unavailable client resources may affect delivery timelines without liability to the Provider.
3. Backup Responsibility. Maintain independent backups of your website, data, and content before any work begins and on an ongoing basis. Provider is not liable for data loss on client-controlled infrastructure.
4. Legal Compliance. Ensure that all content, materials, and business practices you provide or direct us to implement comply with applicable laws and regulations, including but not limited to intellectual property rights, advertising standards, and industry-specific regulations.
5. Hosting & Domain. Maintain active hosting, domain registration, and DNS access for any website included in the Services. Lapses in hosting or domain registration are the Client's responsibility and may disrupt Service delivery without liability to the Provider.
6. Content License. Grant Provider a non-exclusive, royalty-free license to use all client-provided materials (logos, images, copy, brand assets) as necessary for the delivery of Services. This license terminates upon completion or termination of the engagement, except as needed for portfolio rights under Section 23.

5. Intellectual Property

All deliverables created specifically for the Client become the Client's property upon full payment. The Provider retains ownership of proprietary tools, frameworks, templates, and methodologies used in the delivery of Services.

6. Limitation of Liability

The Provider's total liability for any claim arising from the Services shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim. The Provider is not liable for indirect, incidental, consequential, or punitive damages, including lost profits or revenue.

Without limiting the foregoing, the Provider is specifically not liable for:

• Damage to, or loss of data on, the Client's website or infrastructure, including but not limited to data corruption, deletion, or unauthorized access not caused by Provider's gross negligence;
• Changes to search engine algorithms, advertising platform policies, or third-party service terms that affect the performance of Services;
• Actions or omissions of the Client's hosting provider, domain registrar, or other third-party vendors not under Provider's direct control;
• Results or outcomes of Services where the Client has made unauthorized changes to deliverables or failed to implement Provider recommendations.

SEO and advertising results are subject to factors beyond our control, including search engine algorithm changes and competitive dynamics. Except as expressly set forth in the Performance Guarantee (Section 24), no specific ranking positions or traffic volumes are guaranteed.

7. Data & Privacy

We collect and process data necessary for the delivery of Services, including website analytics, advertising metrics, and CRM data. We do not sell Client data to third parties. Data is stored securely and access is limited to authorized personnel. Upon termination, Client data will be made available for export for 30 days.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives termination of the agreement for a period of two (2) years.

9. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or portal notification at least 30 days before taking effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California. Before initiating arbitration, the complaining party must provide written notice of the dispute and the parties shall attempt to resolve the matter through good-faith negotiation for a period of thirty (30) days.

If the dispute is not resolved through negotiation, it shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. All arbitration shall be conducted on an individual basis; class actions, collective actions, and representative actions are not permitted under these Terms.

Any claim arising under these Terms must be brought within twelve (12) months of the event giving rise to the claim, or the claim is permanently barred.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THE PERFORMANCE GUARANTEE (SECTION 24), ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Provider does not warrant that Services will be uninterrupted, error-free, or that any specific results (including search engine rankings, traffic volumes, conversion rates, or advertising ROI) will be achieved. Digital marketing results are inherently variable and depend on factors outside Provider's control.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Provider, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Client-provided content, including but not limited to copyrighted material, plagiarized text, images used without proper license, or defamatory statements;
2. Client's use of deliverables in a manner not contemplated by the Services;
3. Client's violation of any applicable law, regulation, or third-party right;
4. Claims by Client's customers, users, or visitors arising from Client's website or business operations;
5. Client's breach of these Terms.

13. Work Approval & Acceptance

All website changes, design revisions, and significant deliverables will be presented to Client for review before being published or deployed to a live environment, unless Client has granted standing approval for routine updates (e.g., blog posts, minor SEO adjustments).

Deliverables are deemed accepted if Client does not provide written objection within ten (10) business days of delivery or deployment notification. Acceptance is final; post-acceptance change requests are treated as new scope and may incur additional fees.

Change Orders

Requests for work outside the scope of the current Work Statement require a written Change Order describing the additional work, estimated timeline, and associated cost. Work on Change Orders begins only after Client's written approval. Verbal requests, email threads, or informal discussions do not constitute a Change Order and are not binding on either party.

14. Deliverable Ownership & Non-Payment

Provider retains ownership of all deliverables, code, designs, and content until full payment has been received. Upon full payment, ownership transfers to Client as described in Section 5.

If Client's account becomes delinquent for more than fifteen (15) days, Provider may, at its discretion and upon written notice:

• Suspend all active Services;
• Restrict Client's access to the portal;
• Remove or disable deliverables hosted on Provider-controlled infrastructure;
• Withhold transfer of code, designs, or other work product until the balance is paid in full.

15. Termination

a) By Client

Client may terminate the agreement at any time by cancelling through the portal or providing written notice. Services continue until the end of the current billing period.

b) By Provider

Provider may terminate the agreement immediately upon written notice if:

1. Client's payment is more than fifteen (15) days past due;
2. Client engages in abusive, threatening, or harassing behavior toward Provider or its staff;
3. Client directs Provider to engage in practices that violate Google's guidelines, applicable laws, or industry regulations;
4. Client provides materially false or misleading information;
5. Client's use of the Services poses a legal, security, or reputational risk to Provider.

c) Effect of Termination

Upon termination by either party, Provider will make Client data available for export for thirty (30) days. Any fees owed for Services rendered through the termination date remain payable. Sections 5, 6, 8, 11, 12, and 25 survive termination.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond the party's reasonable control, including but not limited to: natural disasters, pandemic, government actions, internet or telecommunications outages, cyberattacks, search engine or advertising platform outages, hosting provider failures, or disruptions to third-party services upon which the Services depend.

The affected party shall notify the other party promptly and use commercially reasonable efforts to resume performance. If the force majeure event continues for more than sixty (60) days, either party may terminate the affected Services without penalty.

17. Third-Party Services & AI Disclaimer

a) Third-Party Platforms

The Services may depend on or integrate with third-party platforms including, but not limited to, Google (Search, Ads, Analytics), Meta (Facebook, Instagram), Stripe, hosting providers, and domain registrars. Provider is not responsible for changes to third-party platform algorithms, policies, pricing, availability, or terms of service. Outages, suspensions, or policy changes by third-party platforms are not a breach of this agreement and do not entitle Client to refunds.

b) AI-Assisted Services

Provider may use artificial intelligence tools for content generation, data analysis, automation, and other aspects of Service delivery. AI-generated content is provided for Client review before publication. Client is responsible for reviewing and approving all content before it is published on Client's website or distributed through Client's channels. Provider is not liable for the accuracy, originality, or suitability of AI-generated output that Client approves for use.

c) Accessibility Disclaimer

Unless WCAG or ADA compliance is explicitly included in the Work Statement as a deliverable, Provider does not warrant that websites, applications, or other deliverables meet any specific accessibility standard, including but not limited to WCAG 2.1, Section 508, or the Americans with Disabilities Act. Client is responsible for ensuring that their website and digital properties meet applicable accessibility requirements for their industry and jurisdiction.

d) Website Migration Risks

Website migrations (including but not limited to platform changes, domain transfers, and hosting migrations) involve inherent risks including temporary search ranking fluctuations, broken third-party integrations, and potential content formatting changes. Client is responsible for maintaining complete backups of all website content, databases, and configurations before migration begins. Provider is not liable for temporary SEO impact, traffic fluctuations, or third-party integration failures that are a normal consequence of platform migrations.

e) Referral Relationships

Provider may recommend third-party services, tools, or platforms and may receive referral compensation for such recommendations. All recommendations are based on Provider's professional judgment and assessment of Client's needs. Referral relationships do not affect the quality, objectivity, or suitability of Provider's recommendations.

18. Subcontractors

Provider may engage subcontractors, freelancers, or third-party service providers to assist in the delivery of Services without requiring Client's prior approval. Provider remains responsible for the quality of all deliverables regardless of whether subcontractors are used. Subcontractors are bound by confidentiality obligations no less protective than those in Section 8.

19. Backlink Placement Terms

If your Service includes backlink placements arranged by Provider:

1. Link placements are made on third-party websites that Provider works with but does not own or control. Provider does not guarantee that placements will remain live indefinitely; third-party site owners may remove or modify content at their discretion.
2. Provider is not liable for changes to the quality, domain authority, or search engine standing of third-party sites after a link is placed. If a site hosting Client's link is penalized or deindexed by a search engine, Provider will make reasonable efforts to replace the placement but does not guarantee replacement.
3. Client acknowledges that backlink strategies carry inherent risks, including the possibility that search engines may change how they evaluate links. Provider follows industry best practices and Google's guidelines but cannot guarantee that any search engine will interpret link placements favorably.

20. Advertising & Campaign Services

If your Service includes paid advertising (PPC, social media ads, or similar):

1. Ad Spend. Advertising spend is the Client's financial responsibility and is separate from Provider's service fees. Provider manages campaign strategy and optimization but does not guarantee advertising ROI, conversion rates, or specific cost-per-click metrics.
2. Budget Limits. Provider will manage ad spend within the budget approved by Client. Any increase beyond the approved budget requires Client's prior written approval. Minor overspend caused by ad platform auction dynamics (typically under 10% of daily budget) is a normal occurrence that Provider does not control.
3. Platform Compliance. Client is responsible for ensuring that their business, products, and services comply with the advertising policies of the platforms on which ads are placed. Account suspensions caused by Client's policy violations are not Provider's responsibility.

21. Email Marketing & Anti-Spam

If your Service includes email marketing or automation:

1. Client warrants that all email recipient lists provided to Provider consist of individuals who have opted in to receive communications in compliance with CAN-SPAM, CASL, and other applicable anti-spam regulations.
2. Client is solely responsible for the legality of their recipient lists and the content of emails sent on their behalf. Provider is not liable for spam complaints, deliverability issues, or legal claims arising from Client-provided lists or Client-directed content.
3. Provider reserves the right to refuse to send emails that, in Provider's reasonable judgment, violate anti-spam regulations or could harm Provider's sending reputation.

22. Portal Account Security

Client is responsible for maintaining the security of their portal login credentials. Account credentials must not be shared with unauthorized individuals. Client must notify Provider immediately upon discovering any unauthorized use of their account.

Provider is not liable for unauthorized access, data exposure, or actions taken on Client's account resulting from Client's failure to maintain credential security, including but not limited to weak passwords, credential sharing, or failure to enable available security features.

23. Portfolio & Case Study Rights

Unless Client opts out in writing, Provider may use Client's name, logo, website screenshots, and anonymized performance metrics in Provider's portfolio, case studies, proposals, and marketing materials. Provider will not disclose specific financial data, proprietary strategies, or confidential business information without Client's express written consent.

24. Performance Guarantee

a) Eligibility

The Performance Guarantee (“Guarantee”) applies exclusively to SEO service subscriptions at the Growth Engine tier and above (Market Dominator included). The SEO Foundation / Digital Foundation tier is not eligible. Published monthly rates are listed at savagesolutions.io/pricing; the Service Catalog amount on the Client's active subscription is controlling.

b) The Promise

If, after ninety (90) consecutive days of active SEO service, Client's website does not show measurable improvement in search engine rankings for the designated target keywords, Client is entitled to a full refund of all service fees paid during the Guarantee Period.

c) Definitions

• “Guarantee Period” means the first ninety (90) days of continuous, active SEO service beginning on the Service Start Date.
• “Measurable improvement” means a reduction (improvement) in average position for any of the designated Target Keywords, as measured by comparing the 30-day Google Search Console average from days 1–30 (baseline) to days 61–90 (evaluation period).
• “Target keywords” means up to ten (10) search queries selected by Provider's automated keyword strategy system during onboarding, based on search volume, current ranking position, and improvement potential. The selected keywords are presented to Client for review via the client portal and documented in the Keyword Strategy Agreement. Client may request reasonable substitutions within seven (7) days of presentation; otherwise, the system-selected keywords are deemed accepted.

d) Client Obligations

The Guarantee is contingent upon Client fulfilling ALL of the following:

1. Providing Provider with verified Google Search Console access within seven (7) days of the Service Start Date;
2. Implementing all Provider-recommended on-page changes within thirty (30) days of receiving the written recommendations;
3. Not making unauthorized changes to the website's structure, content, URL architecture, or technical configuration during the Guarantee Period without prior written approval from Provider;
4. Not engaging in practices that violate Google's Webmaster Guidelines or Search Essentials;
5. Maintaining an active, paid subscription for the entire Guarantee Period without interruption.

e) Exclusions

The Guarantee does NOT apply if:

1. The website has been indexed by Google for fewer than six (6) months prior to the Service Start Date;
2. The website has pre-existing Google manual actions or algorithmic penalties at the time of onboarding, as verified by Provider during the onboarding audit;
3. Client breaches any of the obligations in Section 24(d);
4. The website experiences downtime exceeding 72 cumulative hours during the Guarantee Period due to Client's hosting provider or actions;
5. Client requests cancellation or pauses service during the Guarantee Period.

f) Claim Process

To claim a refund under the Guarantee, Client must:

1. Submit a written claim to support@savagesolutions.io within fifteen (15) days of the end of the Guarantee Period;
2. Provide Provider access to verify Google Search Console data.

Provider will review the claim within ten (10) business days. If the claim is valid, Provider will issue a full refund of all service fees paid during the Guarantee Period within thirty (30) days.

g) Limitations

1. The Guarantee applies to one (1) engagement per Client.
2. The Guarantee does not promise specific ranking positions (e.g., “page 1” or “top 3”). It guarantees measurable improvement from the documented baseline.
3. Refund amount is limited to the total service fees actually paid by Client during the Guarantee Period, excluding any setup fees, third-party costs, or advertising spend.
4. This Guarantee may be modified or discontinued for new subscribers with thirty (30) days' notice. Existing Guarantee Periods in progress are honored under the terms in effect at time of enrollment.
5. The refund described in this section is Client's sole and exclusive remedy for any claims related to SEO performance during the Guarantee Period. Client waives all other remedies, whether at law or in equity, for SEO performance claims covered by this Guarantee.

25. General Provisions

a) Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

b) Entire Agreement

These Terms, together with any applicable Work Statement and Master Service Agreement, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous oral or written agreements, representations, and understandings. No verbal commitments, email correspondence, or informal discussions shall modify these Terms unless confirmed in a signed written amendment.

c) Assignment

Client may not assign, transfer, or delegate this agreement or any rights or obligations hereunder without Provider's prior written consent. Provider may assign this agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

d) Waiver

The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of that provision or the right to enforce it at a later time.

e) Survival

The following sections survive termination or expiration of this agreement: Intellectual Property (Section 5), Limitation of Liability (Section 6), Confidentiality (Section 8), Disclaimer of Warranties (Section 11), Indemnification (Section 12), and these General Provisions (Section 25).

f) Non-Disparagement

During the term and for one (1) year following termination, neither party shall make public statements intended to damage the other party's reputation, business, or goodwill. This does not restrict either party from providing truthful information in response to legal process or regulatory inquiry, or from posting honest reviews on public platforms.

g) Notices

All notices under these Terms shall be in writing and sent via email to the addresses on file. Notices are deemed received upon confirmed delivery.