Terms of Service - McNenny Digital Marketing LLC

Services

MDM provides digital marketing and web design services to local service businesses, including but not limited to: website design and hosting, Google Business Profile management, search engine optimization (SEO), missed-call text-back, chatbot setup, automated review requests, Google Ads management, sales funnel development, marketing automation, and voice AI services. Specific services included depend on the plan or custom scope agreed upon with each client.

Fees and Payment

Services are provided under a one-time setup fee plus a recurring monthly management fee, as described on our Prices page or in your individual service agreement.

Advertising spend is separate from the monthly management fee. Clients maintain their own advertising accounts (e.g., Google Ads) and pay the advertising platform directly. MDM is granted manager-level access to run and optimize campaigns within the client's own account but does not collect, hold, or forward advertising funds on the client's behalf.

The setup fee is non-refundable once onboarding work has begun, as it compensates for setup and build work already performed.

The setup fee is due upon signing, prior to work beginning.

Monthly billing begins upon go-live of the client's website and tools, or thirty (30) days after the setup fee is paid, whichever comes first. Monthly fees are then billed in advance on that same date each month.

A late fee of $25 applies if payment is not received within five (5) days of the due date, plus an additional $5 per day thereafter, up to a maximum of $50 (accruing through day ten). If payment remains outstanding after ten (10) days, MDM will suspend or take down the client's website and services. Suspended services will be reinstated once the outstanding balance and all accrued late fees are paid in full.

Engagement Term and Cancellation

All plans are month-to-month. There is no long-term contract requirement.

We recommend a minimum 3-month engagement, as most SEO and visibility improvements take time to show measurable results — but this is a recommendation, not a requirement.

Either party may cancel the ongoing monthly service at any time with 30 days' written notice.

The setup fee is non-refundable under any circumstance once onboarding work has begun (see Section 2).

Upon cancellation, service continues through the end of the already-paid monthly period; no prorated refund is issued for the unused portion of a billing cycle.

No Guarantee of Results

Digital marketing outcomes, including but not limited to search engine rankings, website traffic, lead volume, and advertising performance, depend on many factors outside MDM's control (including search engine algorithm changes, market conditions, and competitor activity). MDM does not guarantee specific results, rankings, revenue, or return on investment from any service. Typical timelines discussed (e.g., on our FAQ page) are general estimates, not guarantees.

Client Responsibilities

To provide services effectively, we may require timely access to accounts (e.g., Google Business Profile, domain/hosting), content, approvals, or information from the client. Delays in providing these may delay service delivery or results.

Intellectual Property

Upon full payment, the client owns the specific content created for their website and marketing materials, including copy, images provided or approved by the client, and brand elements. MDM retains the right to reuse general frameworks, templates, and non-client-specific build components across other clients.

Platform limitation — please read carefully: MDM builds client websites and marketing systems on the GoHighLevel ("GHL") platform. GHL does not support exporting a website for use on another hosting platform. If a client wishes to end services with MDM, the available options are:

• Sub-account transfer: MDM can transfer the client's GHL sub-account (including their site, automations, and CRM data, subject to GHL's own transfer limitations) to the client's own GHL account or another GHL-based provider, for a flat transfer fee of $150, representing a reasonable administrative charge for the labor required regardless of the client's service tier.
• Rebuild elsewhere: if the client wishes to move to a non-GHL platform entirely, their owned content (copy, images, branding) can be provided to them or their new provider at no additional fee, but the site itself will need to be rebuilt from scratch on the new platform, as this is a limitation of the GHL platform itself, not something within MDM's control.

MDM will disclose this limitation to clients prior to engagement so it is understood upfront, not discovered at the point of cancellation.

Limitation of Liability

To the fullest extent permitted by law, MDM's total liability for any claim arising from these Terms or our services is limited to the amount paid by the client to MDM in the three (3) months preceding the claim. MDM is not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunities.

Advertising Platform Compliance

Clients using Google Ads or similar advertising services remain subject to those platforms' own terms of service and advertising policies. MDM is not responsible for account suspensions, disapprovals, or penalties issued by third-party advertising platforms.

Termination

MDM reserves the right to terminate services to any client for non-payment, abusive or harassing conduct, fraud, illegal activity, misuse of the services, or any material violation of these Terms, with 30 days' notice, except in cases of non-payment as outlined in Section 2, where service may be suspended sooner.

Governing Law

These Terms are governed by the laws of the State of South Dakota, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction and venue of the state or federal courts located in Butte County, South Dakota.

Additional Legal Terms

Force Majeure. MDM is not liable for delays or failures caused by events beyond its reasonable control, including internet outages, hosting failures, platform outages, acts of God, government actions, labor disputes, or failures of third-party providers.

Assignment. Neither party may assign these Terms without the other's written consent, except in connection with a merger, sale, or transfer of substantially all business assets.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

Waiver. A failure to enforce any provision of these Terms is not a waiver of future enforcement.

Entire Agreement. These Terms, together with any signed Service Agreement or proposal, constitute the entire agreement between the parties regarding the services. If there is a conflict, the signed Service Agreement controls.

Changes to These Terms

We may update these Terms from time to time. The "Effective Date" above reflects the most recent revision. Continued use of our services after a change constitutes acceptance of the updated Terms.

Contact Us

McNenny Digital Marketing LLC
Belle Fourche, SD
Phone: (605) 569-0697
Email: [email protected]