Terms & Conditions

Welcome to IVSmith Marketing. These Terms and Conditions ("Terms") govern your use of our website design and digital marketing services. By engaging our services or using our website, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, please do not use our services.

1. Services Provided

IVSmith Marketing ("we," "us," "our") provides professional web design and digital marketing services, including but not limited to:

• Custom website design and development
• Real estate and construction website solutions
• Google Business Profile optimization
• Lead generation systems
• Website management and maintenance
• Local SEO services

Specific services, deliverables, timelines, and pricing will be outlined in individual project proposals or service agreements.

2. Client Responsibilities

As a client, you agree to:

• Provide Content: Supply all necessary content, images, logos, and materials in a timely manner
• Feedback & Approvals: Provide clear, timely feedback and approvals during the project
• Access: Provide necessary access to hosting accounts, domain registrars, and relevant platforms
• Accuracy: Ensure all information provided is accurate and legally compliant
• Communication: Maintain reasonable and professional communication throughout the project
• Payment: Make payments according to the agreed schedule

3. Payment Terms

• Deposit: A 50% deposit is required before work begins on any project
• Final Payment: The remaining 50% is due upon project completion and before final delivery
• Monthly Services: Recurring services (website management, GBP optimization) are billed monthly in advance
• Late Payments: Payments more than 15 days overdue may incur a 5% late fee and suspension of services
• Payment Methods: We accept bank transfers, credit cards, and other methods as agreed upon
• Refunds: Deposits are non-refundable once work has commenced. Refund requests will be evaluated on a case-by-case basis

4. Project Timeline

Project timelines are estimates and depend on:

• Timely client feedback and content delivery
• Project complexity and scope
• Unforeseen technical issues
• Third-party service availability (hosting, domains, APIs)

Delays caused by client non-responsiveness or late content delivery may extend the project timeline without penalty to IVSmith Marketing.

5. Revisions & Changes

• Included Revisions: Each project includes a specified number of revision rounds (typically 2-3 rounds)
• Additional Revisions: Revisions beyond the agreed scope will be billed at our hourly rate
• Scope Changes: Significant changes to project scope will require a new quote and may affect timeline and pricing
• Approval: Client approval of designs and content is final. Changes after approval may incur additional fees

6. Intellectual Property & Ownership

• Client Content: You retain ownership of all content, images, and materials provided to us
• Final Deliverables: Upon full payment, you own the final website design and code created specifically for your project
• Third-Party Assets: Licenses for stock photos, fonts, plugins, or themes remain with their original creators
• Portfolio Rights: We reserve the right to showcase your project in our portfolio and marketing materials unless otherwise agreed in writing
• Code Reuse: We retain the right to reuse general code techniques, frameworks, and non-custom elements in future projects

7. Website Hosting & Maintenance

• Hosting Responsibility: IVSmith Marketing will handle all web hosting arrangements for your website, ensuring reliable performance and uptime
• Hosting Fees: Website hosting costs are included in our service packages or billed separately as agreed upon in your project proposal
• Domain Names: Clients must own or purchase their domain names. We can assist with domain registration and setup if needed
• Maintenance Plans: Monthly maintenance plans are available for ongoing updates, security patches, and technical support
• Post-Launch Support: We provide 30 days of complimentary bug fixes after project launch
• Updates After 30 Days: Updates, changes, or fixes after 30 days will be billed at our hourly rate unless covered by a maintenance plan
• Backups: We perform regular backups of hosted websites to ensure data security and recovery options

8. Warranties & Disclaimers

We warrant that:

• Services will be performed with reasonable skill and care
• Websites will be functional and responsive at the time of launch
• We will use industry-standard best practices

However, we do not guarantee:

• Specific search engine rankings or traffic numbers
• Specific lead generation or conversion rates
• 100% uptime (dependent on hosting provider)
• Compatibility with all future browser updates or technology changes
• Protection against all security threats (though we follow best practices)

9. Limitation of Liability

To the maximum extent permitted by law, IVSmith Marketing shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party services (hosting, domains, plugins)
• Client's failure to backup their website or data
• Unauthorized access to or alteration of your website by third parties

Our total liability for any claim shall not exceed the total fees paid by the client for the specific service giving rise to the claim.

10. Confidentiality

Both parties agree to:

• Keep confidential information disclosed during the project private
• Not disclose sensitive business information to third parties
• Use confidential information only for the purposes of the project
• Return or destroy confidential materials upon project completion if requested

11. Termination

By Client:

• You may terminate the project with written notice
• You will be billed for all work completed up to the termination date
• The initial deposit is non-refundable
• You will receive all completed work upon payment of outstanding invoices

By IVSmith Marketing:

• We may terminate if payment is more than 30 days overdue
• We may terminate if client fails to provide necessary materials or feedback for 30+ days
• We may terminate if client behavior is abusive, threatening, or unprofessional
• In case of termination by us, you will receive a refund of any unused prepaid fees (minus completed work)

12. Third-Party Services

Our services may integrate with third-party platforms and services including:

• Web hosting providers
• Domain registrars
• Content delivery networks (CDNs)
• Email marketing platforms
• Payment processors
• Google services (Analytics, Search Console, Google Business Profile)

We are not responsible for the performance, reliability, or policies of these third-party services. Clients are responsible for reviewing and agreeing to third-party terms and conditions.

13. Compliance with Laws

Both parties agree to comply with all applicable laws and regulations. Specifically:

• Content Legality: Client warrants that all content provided is legal and does not infringe on any third-party rights
• Privacy Laws: Client is responsible for compliance with privacy laws (GDPR, CCPA, etc.) regarding user data
• Accessibility: We strive to follow WCAG accessibility guidelines, but ultimate compliance responsibility rests with the client
• Industry Regulations: Client is responsible for compliance with industry-specific regulations (real estate advertising laws, etc.)

14. Dispute Resolution

In the event of a dispute:

• Good Faith Negotiation: Both parties agree to attempt to resolve disputes through good faith negotiation
• Mediation: If negotiation fails, parties agree to attempt mediation before pursuing legal action
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States
• Jurisdiction: Any legal proceedings shall take place in the appropriate courts of the jurisdiction where IVSmith Marketing operates

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms. For active projects, the Terms in effect at the project start date shall apply.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Agreement

By engaging IVSmith Marketing's services, submitting a contact form, or signing a project proposal, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.