Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Modern Day Digital ("we," "our," or "us") governing your access to and use of our website located at moderndaydigital.net and any related services, audits, consultations, or marketing services we provide.

By accessing our website, submitting a form, booking a call, or engaging our services in any way, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

By using our website or services, you represent that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and accept these Terms in full.

If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and all references to "you" include both you individually and that entity.

Your continued use of our website or services after any modifications to these Terms constitutes your acceptance of the revised Terms.

Modern Day Digital provides digital marketing services to local service businesses, including but not limited to:

• Free Digital Presence Audits and consultations
• Google Business Profile optimization and management
• Website design, development, and conversion optimization
• Local search engine optimization (SEO)
• Reputation management and review generation systems
• Lead capture, follow-up automation, and CRM solutions
• Paid advertising strategy and management
• Ongoing digital marketing strategy and consulting

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. Specific services, deliverables, timelines, and pricing are governed by a separate written agreement or proposal provided to you prior to engagement.

Our website and services are intended for use by business owners, operators, and authorized representatives of businesses. Our services are designed specifically for local service businesses operating within the United States.

• You must be at least 18 years of age to use our services.
• You must have the legal authority to bind your business to agreements.
• You must provide accurate and truthful information when submitting forms or engaging our services.
• You must not be located in a jurisdiction where receiving our services would be prohibited by law.

We reserve the right to decline service to any individual or business at our sole discretion.

Certain services may require you to provide contact information, business details, or create an account through our CRM or client portal. By providing this information, you agree to:

• Provide accurate, current, and complete information at all times
• Promptly update your information if it changes
• Maintain the confidentiality of any login credentials provided to you
• Accept responsibility for all activities that occur under your account or credentials
• Notify us immediately of any unauthorized use or suspected breach

We reserve the right to suspend or terminate access to any account that we reasonably believe has been compromised, used fraudulently, or is in violation of these Terms.

Fees & Invoicing

Fees for paid services are set forth in the applicable proposal, agreement, or invoice provided to you. All fees are stated in U.S. dollars unless otherwise specified. By agreeing to a proposal or engaging paid services, you authorize us to charge the payment method on file.

Recurring Billing

Some services are billed on a recurring monthly or annual basis. Recurring charges will continue until you cancel in accordance with Section 6 of these Terms. You are responsible for ensuring your payment method remains valid and up to date.

Late Payments

Invoices are due upon receipt unless otherwise stated in your agreement. Accounts that are 15 or more days past due may result in suspension of services. We reserve the right to charge a late fee of 1.5% per month on overdue balances.

Taxes

You are responsible for all applicable taxes, fees, and charges related to your purchase of services. We will collect sales tax where required by law.

Cancellation of Services

Either party may cancel a recurring service engagement with written notice (email is acceptable) at least 30 days prior to the next billing date. Services will continue through the end of the current paid billing period. Cancellations received with less than 30 days' notice may be subject to one additional billing cycle.

Project-Based Work

For one-time or project-based engagements, cancellation terms are outlined in the applicable project agreement. Work completed prior to cancellation is billable and non-refundable.

Refund Policy

• Setup fees and onboarding costs are non-refundable once work has commenced.
• Monthly retainer fees are non-refundable for the current billing cycle.
• Refund requests for exceptional circumstances are reviewed on a case-by-case basis at our sole discretion.
• Free services (audits, consultations) are not subject to any refund policy as no payment is collected.

To initiate a cancellation or submit a refund request, please contact us at [email protected].

Our Content

All content on our website — including text, graphics, logos, images, reports, audit templates, and software — is the property of Modern Day Digital and is protected by applicable copyright, trademark, and intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.

Your Content

By submitting information, materials, or content to us (including business details, logos, and photos), you grant us a non-exclusive, royalty-free license to use that content solely for the purpose of providing our services to you. You represent that you own or have the necessary rights to all content you provide.

Deliverables

Upon full payment of all outstanding invoices, ownership of custom deliverables created specifically for your business (such as website designs and written content) transfers to you. Templates, frameworks, systems, and proprietary methodologies remain the property of Modern Day Digital.

When using our website or services, you agree not to:

• Provide false, misleading, or fraudulent information about yourself or your business
• Use our services for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to our systems, accounts, or data
• Reverse engineer, scrape, or copy our website, tools, or proprietary content
• Use our services to harm, defame, harass, or deceive any person or entity
• Engage in any activity that could damage, disable, or impair our website or infrastructure
• Resell, sublicense, or transfer access to our services without our written consent
• Use our free audit or consultation services repeatedly and in bad faith to avoid paying for services

Violation of these prohibitions may result in immediate termination of services without refund and, where applicable, legal action.

No Guaranteed Results

Digital marketing results vary based on many factors outside our control, including market conditions, search engine algorithm changes, competition, and business-specific variables. We do not guarantee specific outcomes such as a particular number of leads, calls, rankings, or revenue increases. Any case studies, examples, or projections shared are illustrative and not a guarantee of future results.

Website Provided "As Is"

Our website and free tools are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of harmful components.

Third-Party Platforms

Our services may involve working within third-party platforms such as Google, Meta, or CRM systems. We are not responsible for changes, outages, policy updates, or decisions made by these third-party platforms that may affect your results or our ability to deliver certain services.

To the fullest extent permitted by applicable law, Modern Day Digital and its owners, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, including but not limited to:

• Loss of revenue, profits, or business opportunities
• Loss of data or business information
• Costs of substitute goods or services
• Damages resulting from third-party platform changes or decisions
• Any unauthorized access to or alteration of your data

In no event shall our total cumulative liability to you for any claims arising out of or related to these Terms or our services exceed the total amount you paid to us in the three (3) months immediately preceding the event giving rise to the claim.

You agree to indemnify, defend, and hold harmless Modern Day Digital and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content, materials, or information you provide to us
• Any dispute between you and a third party related to our services

We reserve the right to assume exclusive control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Modern Day Digital is registered, without regard to conflict of law principles.

Informal Resolution

Before initiating any formal dispute process, both parties agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will make a good-faith effort to resolve the issue within 30 days of receiving written notice.

Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration rather than in court, except that either party may bring a claim in small claims court if it qualifies. The arbitration will be conducted on an individual basis — you waive any right to participate in a class action lawsuit or class-wide arbitration.

Waiver of Jury Trial

Both parties waive their right to a jury trial for any dispute arising out of or related to these Terms or our services.

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page. For significant changes, we may also provide notice via email or a prominent banner on our website.

Your continued use of our website or services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services and provide written notice of cancellation where applicable.

We encourage you to review these Terms periodically to stay informed of any updates.