Terms of Service

By electing to receive professional services from Triad Search Marketing (TSM) and paying the associated service fees, you hereby agree to and acknowledge to abide by our company terms of service (TOS), which are listed in detail below:

1. Web development projects require a 50% deposit of the estimated total in order to start work, and the remaining 50% balance is due within five (5) business days of TSM completing of the scope of work.
2. Graphic design projects require a 50% deposit of the estimated total in order to start work, and the remaining 50% balance is due within five (5) business days of TSM completing of the scope of work.
3. All digital marketing services require a thirty (30) day written cancellation notice.
4. Retainer-based service fees will be automatically debited via recurring billing each month. Clients with positive credit and financial history may qualify to mail checks, upon approval.
5. TSM reserves the right to apply a $50 late fee on account balances which have gone unpaid for over ten (10) days past their associated due date.
6. TSM reserves the right to apply a 5% interest penalty every ninety (90) days on account balances which have gone unpaid past their associated due date.
7. TSM reserves the right to increase client service fees by a maximum of 10% annually.
8. All service and consultation fees are non-refundable.
9. All fees, services, documents, advice, analysis and information transmitted between TSM and the Client are considered to be confidential.
10. TSM offers optional managed hosting services through 3rd party hosting providers, however TSM does not provide any guarantee or accept any liability with regard to the performance or security of 3rd party hosting environments.
11. TSM has no control over the policies of the search engines, social media networks, directories, etc. The Client’s website and/or business may be excluded from any of these platforms and/or companies at the sole discretion of that platform and/or company.
12. Due to the competitiveness of some keywords and phrases, ongoing changes in search engine algorithms, external factors, and other variables, TSM does not guarantee a certain level of visibility on any search engine or online platform for any keyword, phrase or other form of media.
13. TSM is not responsible for any changes to the Client website by third parties or the Client that conflict with SEO work and/or adversely affect the Client’s search engine visibility and/or web traffic and/or sales.
14. TSM is not responsible for the Client’s failure to implement recommendations or properly manage third party services.
15. TSM does not provide any guarantee with regards to Client sales or finances because of market, customer and/or competitor variables; therefore the TSM cannot be held directly responsible for any loss in business or lack thereof.
16. Some search and information directories provide premium listing services for a fee. If the Client wishes to engage in such premium listing services, the Client is responsible for all paid listing fees directly to the directory and/or platform itself.
17. The Client guarantees that all elements of text, graphics, photos, designs, trademarks and/or other media provided to TSM for inclusion on the Client’s website and/or web profiles are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend TSM and its subcontractors from any liability or suit arising from the use of such elements.
18. The Client agrees to indemnify and hold harmless TSM against any and all claims, costs, and expenses, including attorney fees, due to materials being provided to TSM for use in the work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
19. TSM and the Client may disclose confidential information to each other in order to facilitate the work requested by the Client. Such information shall be identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
    1. is already known to the party to which it is disclosed.
    2. is or becomes part of the public domain without breach of this Agreement.
    3. is obtained from third parties, which have no obligations to keep confidential to the parties of this Agreement.
20. The Client and TSM are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor the Consultant has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
21. TSM reserves the right to terminate the Client’s service with a twenty four (24) hour written notice due to violations of TSM’s terms of service.
22. If the Client fails to pay service fees and TSM is forced to proceed with collections and/or legal action against the Client, it will be the Client’s responsibility to reimburse TSM for all costs and fees associated with the collections process, until the Client’s account is satisfied and paid in full.
23. All rights not expressly granted hereunder are reserved to TSM.
24. This agreement shall be governed by and construed in accordance with the laws of Guilford County, North Carolina, USA which are applicable therein.
25. TSM’s terms of service are subject to change at any time.