Terms of Service

By doing business with and receiving services from Triad Search Marketing (TSM), you agree to and acknowledge our company terms of service, listed below:

  1. TSM’s standard rate for web development and graphic design work is $75 per hour.
  2. TSM’s standard rate for digital marketing and online advertising work is $125 per hour.
  3. Web development and graphic design projects require a 50% deposit of the estimated total in order to start work, and the remaining balance is due within 5 business days of TSM completing of the scope of work.
  4. Digital marketing service agreements run for a term of 12 months from the date of subscription by the Client and auto-renew annually unless either party objects with a written cancellation notice within 30 days of the end of the current active term.
  5. Client’s offered a free website upgrade with their subscription to a 12 month digital marketing service agreement are obligated to fulfill the 12 month minimum, or pay the associated early termination fee upon request for early termination, in order to obtain full copyright and licensing of the website design and associated files. This includes any logo design work and associated graphic design services. The copyright will not be released until the client has fulfilled the minimum 12 month term of service, or paid the early termination fee in full.
  6. Digital marketing service fees will be automatically debited via recurring billing on the 1st day of each month. Clients with positive credit and financial history may qualify to mail checks, upon approval.
  7. Early termination requests for active digital marketing service agreements which are submitted prior to fulfillment of a 12 month service term will be honored, however the Client will be assessed an early termination penalty equivalent to 2 months of associated service fees, which will be due immediately upon submitting the request for cancellation.
  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 100% 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 and other competitive market variables, TSM does not guarantee rankings on any search engine or platform for any keyword, phrase or other form of media.
  13. 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.
  14. 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.
  15. Triad Search Marketing does not provide any guarantee with regards to Client sales or finances because of market, customer and competitor variables; therefore the Consultant cannot be held directly responsible for any loss in business or lack thereof.
  16. 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.
  17. 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.
  18. The Client will not use the name of TSM or TSM employees in any advertising, press release or publicity operations without prior written approval and consent from TSM.
  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 any Client’s service immediately with a 24 hour written notice due to violations of TSM’s terms of service and/or mistreatment of TSM employees.
  22. If the Client fails to pay 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. TSM reserves the right to apply a $50 late fee on account balances which have gone unpaid for over 30 days past their associated due date.
  24. TSM reserves the right to apply a 5% interest penalty every 90 days on account balances which have gone unpaid past their associated due date.
  25. TSM reserves the right to increase client service fees by a maximum of 10% annually.
  26. Failure to return TSM owned equipment provided to the Client for use in the purpose of receiving services from TSM shall result in the Client being billed the retail price of such equipment, including a late penalty fee of $99 for each item which was failed to be returned within thirty (30) days of cancellation or termination of service.
  27. All rights not expressly granted hereunder are reserved to TSM.
  28. This agreement shall be governed by and construed in accordance with the laws of Guilford County, North Carolina, USA which are applicable therein.
  29. TSM’s terms of service are subject to change at any time.