Terms of Service / Agreement

This Agreement establishes the terms under which First Web Marketing, Inc. (“FWM,” “we,” or “us”) provides digital marketing services to you, our valued client (“Client,” “you,” or “your”).

By enrolling in our services, you acknowledge that you have read, understood, and agree to these terms. Your payment or digital signature confirms your acceptance.

1. Service Term and Flexibility

Our Commitment to Flexibility We provide services on a month-to-month basis, giving you the freedom to continue or discontinue as your business needs change.

  • Services automatically renew each month unless you provide written cancellation notice at least 5 days before your renewal date
  • Either party may terminate this agreement with 5 days’ written notice
  • This flexible structure allows you to scale services without long-term commitment

2. Assignment of Agreement

To ensure continuity of service:

  • We may assign this agreement to qualified service providers or business successors
  • We ask that you obtain our written consent before transferring this agreement, so we can ensure proper service transition

3. Service Scope and Realistic Expectations

What We Can Control vs. What We Cannot

Digital marketing involves working within systems we don’t control; search engines, social media platforms, and advertising networks all use proprietary algorithms that change frequently.

Therefore, we provide:

  • Expert strategy and execution using industry best practices
  • Regular optimization and management of your campaigns
  • Transparent reporting on activities and metrics

We cannot guarantee:

  • Specific keyword rankings or map placements
  • Fixed positions in search results
  • Predetermined numbers of leads or conversions
  • Exclusive market territory

Your Authorization You authorize us to manage posts, updates, and optimizations across your digital properties (social media, search engine profiles, webmaster accounts) as part of our service delivery.

4. Website Accessibility

We’re committed to making websites accessible to all users. To maintain compliance:

  • You agree to conduct regular accessibility scans
  • Please notify us promptly of any issues so we can address them together
  • We’ll work collaboratively to maintain 508 compliance standards

5. Content Rights and Responsibilities

Your Content, Your Responsibility When you provide photos, text, or other materials:

  • You confirm that you have the legal right to use all submitted content
  • Content must be free from third-party copyrights, trademarks, or other restrictions
  • This protects both of us from potential legal issues

6. PPC Campaign Adjustments

To ensure proper budget allocation and campaign planning:

  • Changes to your monthly ad spend require 30 days’ written notice
  • This allows us to optimize campaigns for your new budget and avoid mid-month disruptions

7. Service Model and Intellectual Property

Understanding Our Service-Based Model

We operate on a website-as-a-service model, similar to other managed platforms. This keeps your costs predictable and eliminates large upfront investments.

How It Works:

  • We design, build, host, and maintain your website as part of your monthly service
  • You retain ownership of your domain name and any pre-existing materials you provided
  • New designs, code, and content created by FWM remain our intellectual property
  • You receive a license to use the website throughout your active service period

Access and Optimization:

  • We maintain server and FTP access to ensure security, uptime, and optimal performance
  • We make SEO-related modifications as needed to improve your search visibility
  • We may use anonymized examples from our work for training and reference purposes

This model allows us to provide enterprise-quality websites at accessible monthly rates.

8. Acceptable Use

To protect the integrity of our platform:

Please do not:

  • Use automated tools or bots to access our systems
  • Copy, redistribute, or modify website code or designs
  • Create unauthorized derivative works

If unauthorized use occurs: We reserve the right to disable access and suspend service to protect our intellectual property.

9. Limitation of Liability

Understanding Digital Marketing Realities

Digital marketing involves variables beyond anyone’s complete control; algorithm updates, platform changes, market shifts, and technical issues can all impact results.

Our Liability:

  • We work diligently to deliver quality service but cannot be held liable for factors outside our control
  • These include: server issues, algorithm changes, platform policy updates, ranking fluctuations, or data loss
  • Our total liability is limited to $250 per incident, or your extended liability limit if purchased

Your Protection:

  • You maintain full control over your business decisions
  • If you’re not satisfied with results, you may discontinue service at any time
  • Payments are non-refundable, as they compensate for services already rendered

10. Billing and Third-Party Costs

Transparent Pricing:

  • Your monthly fee covers our services and website hosting
  • You are responsible for: applicable taxes, PPC advertising budgets, social media ad spend, and other third-party platform fees
  • This keeps pricing clear and predictable

11. Independent Contractor Relationship

We operate as an independent service provider. This agreement does not create an employment, partnership, joint venture, or franchise relationship.

12. Intellectual Property Protection

Respecting Ownership:

  • Your existing assets: You retain all rights to materials you owned before our engagement
  • Our created work: Designs, code, and content we create remain our property under Federal Copyright Law

Protecting Our Work: Should our proprietary work be copied or used without authorization, we reserve the right to seek damages of $350 per page plus legal fees. This reasonable measure protects the intellectual property we’ve invested in developing.

13. Domain Name Management

Your domain name belongs to you. You’re responsible for:

  • Maintaining domain registration
  • Ensuring timely renewals
  • Updating domain registrar information

We’re happy to provide guidance but do not manage domain registrations directly.

14. Communication

We’ll send important notices to your email or mailing address on file.

  • Email notices are considered delivered 24 hours after sending
  • Please keep your contact information current to ensure you receive important updates

15. Service Warranty and Disclaimers

Honest Expectations: Our services are provided “as is” based on current industry standards and platform capabilities.

We cannot warrant against:

  • Interruptions from third-party platforms or service providers
  • Search engine algorithm changes
  • Technical issues from viruses or malware
  • Changes to social media or advertising platforms

We work proactively to address issues, but some factors remain outside any service provider’s control.

16. Mutual Indemnification

You agree to indemnify FWM against claims arising from:

  • Content or materials you provide
  • Your use of our services
  • Any breach of this agreement

This protects both parties from liability caused by the other’s actions.

17. Dispute Resolution

If Issues Arise:

  • This agreement is governed by Texas law
  • Legal actions must be filed in Tarrant County, Texas
  • Claims must be brought within one year of the triggering event
  • Both parties waive jury trial rights where legally permitted

We hope to resolve any concerns through direct communication before legal action becomes necessary.

18. Payment Terms

Simple, Predictable Billing:

  • Services are billed monthly in advance
  • Payments process automatically via your chosen payment method
  • Please update payment information at least 5 days before your billing date

If Payment Issues Occur:

  • Accounts more than 5 business days past due may be suspended
  • Suspension can affect website availability and advertising campaigns
  • We’ll make reasonable efforts to notify you before suspension occurs

19. Complete Agreement

This document represents our complete agreement and supersedes any prior discussions or understandings. If any provision is found unenforceable, the remaining terms continue in full effect.

Questions? We’re here to help. Please contact us if you need clarification on any terms.