Privacy and Billing Policy
Privacy, Billing, & Client Services Policy
Near Me Website Marketing
Effective Date: January 1, 2024
This Policy explains how Near Me Website Marketing (“Near Me,” “we,” “us,” or “our”) collects and uses information, and sets forth the terms governing billing, services, deliverables, and client responsibilities. By using our website or engaging our services, you agree to this Policy.
PART I — PRIVACY POLICY
Information We Collect
A. Information You Provide
We may collect:
Name, business name, email address, phone number
Billing and payment details (processed securely by third-party providers; we do not store full card numbers)
Login credentials, permissions, or access details provided for service delivery
Communications, content, files, instructions, and feedback
B. Information Collected Automatically
When you visit our website, we may collect:
IP address, browser type, device type, operating system
Pages viewed, referral URLs, timestamps
Cookies, analytics data, and tracking technologies
C. Client Data Processed on Your Behalf
When providing services, we may process business or customer data supplied by clients (such as leads, CRM data, analytics, or website data). In these cases, Near Me acts as a service provider and processes such data only in accordance with client instructions.
How We Use Information
We use information to:
Provide, operate, and manage services
Communicate with you
Process payments and manage accounts
Perform analytics, reporting, and optimization
Maintain security and prevent fraud
Comply with legal obligations
Cookies, Analytics & Tracking
We use cookies and similar technologies for functionality, analytics, and performance measurement. You may control cookies through browser settings or available consent tools. Disabling cookies may affect site functionality.
We do not currently respond to “Do Not Track” signals.
Information Sharing
We may share information with:
Service providers (payment processors, hosting providers, analytics tools, reporting platforms, communication tools)
Professional advisors (legal, accounting)
Legal authorities when required by law
We do not sell personal information.
Data Retention & Security
We retain personal information only as long as reasonably necessary for business, legal, and operational purposes. We use reasonable safeguards to protect information but cannot guarantee absolute security.
Privacy Rights
Depending on your state of residence, you may have rights to access, correct, or delete personal information. Requests may be submitted using the contact details below. Identity verification may be required.
Children’s Privacy
Our services are not intended for individuals under 13 years of age, and we do not knowingly collect information from children.
PART II — BILLING & CLIENT SERVICES POLICY
Services Provided
Near Me Website Marketing provides ongoing digital marketing and related consulting services, which may include, but are not limited to: automation and growth systems, SEO and Google Business Profile optimization, link building and off-page SEO, paid advertising management and consulting services, social media management, and SEO-optimized website design.
Services are provided on a recurring auto-pay subscription basis and are not dependent on fixed-term contracts unless expressly stated otherwise within a specific service offering.
Separate Service Workstreams
When a client purchases multiple services or a bundled program, each service remains a separate workstream with its own purpose, methodology, deliverables, platforms, and implementation requirements.
For example, website SEO/AEO optimization performed on a client’s primary website is separate from paid advertising management and PPC landing-page development. The fact that multiple services contribute to the same overall marketing strategy does not mean that all services will be performed within the same website, platform, account, or technical environment.
Deliverables, features, or implementation methods included with one service shall not be assumed to apply to another service unless expressly stated in writing.
Agreement to Services and Pricing Changes
Clients may, in some cases, be permitted to remain on legacy, grandfathered, promotional, or otherwise discontinued pricing and service packages. Any such grandfathered pricing, package, feature, user allowance, service level, threshold, or program structure is provided solely at Near Me Website Marketing’s discretion and may be modified, restricted, or discontinued at any time after the initial six (6) month pricing period upon advance notice to the client.
Grandfathered programs may be subject to minimum account counts, minimum monthly spend requirements, service commitments, user limitations, or other eligibility requirements. Such requirements will be communicated to the client and incorporated into the applicable service agreement, pricing schedule, program documentation, dashboard materials, shared files, or other written communications provided by Near Me Website Marketing.
If a client no longer satisfies the eligibility requirements of a grandfathered program, Near Me Website Marketing may transition the client to the most comparable then-current service offering or pricing structure upon notice to the client.
For all White Label programs, a thirty (30) day written cancellation notice is required at the program level. The effective cancellation date of the White Label program shall be no earlier than thirty (30) days following receipt of written cancellation notice.
Any individual account cancellations submitted during the White Label program notice period shall not shorten, replace, waive, reduce, or otherwise satisfy the thirty (30) day White Label program cancellation requirement. All accounts active within the White Label program at the time written program cancellation notice is received shall remain subject to the applicable program fees, billing obligations, and service terms through the effective cancellation date unless otherwise agreed in writing by Near Me Website Marketing.
Clients may not avoid, reduce, or circumvent White Label program notice requirements through the cancellation, transfer, suspension, removal, or migration of individual accounts during the required notice period.
Subscription Billing & Payments
All services are billed in advance on a recurring basis unless otherwise stated in writing. Payments are processed automatically using the payment method on file.
The service start date is the date services are activated with the creation & sending of the initial invoice and is also the date on which automatic subscription billing is processed for each recurring cycle. All invoices/programs cover 1 month of services (unless otherwise noted). Should a client fail to respond adequately or provide the necessary feedback or information, no refunds will be given for services provided.
This Policy is provided to the client with the initial invoice or payment request. Payment of any invoice constitutes the client’s acknowledgment, acceptance, and agreement to be bound by this Billing & Client Services Policy, and such agreement remains in effect for the duration of the business relationship, unless superseded by updated terms as permitted herein.
For purposes of this Policy, “paid in full” or “full payment” means funds that have been successfully received and finally settled and that are not subject to an active or successful chargeback, payment dispute, reversal, refund, or other payment recovery action.
By enrolling in and continuing to use services, the client authorizes Near Me Website Marketing to charge all applicable recurring fees plus any applicable taxes to the payment method on file.
Sales tax may be applied to certain services depending on the client’s billing address, location, and applicable state or local tax laws. Clients are responsible for all applicable taxes, duties, or governmental assessments associated with their subscription.
Failure to process payment may result in immediate suspension of services.
Billing During Onboarding and Setup
Monthly service fees begin on the agreed service start date, regardless of campaign launch status.
Clients acknowledge that onboarding, research, strategy development, campaign creation, technical implementation, account verification, platform communication, tracking configuration, and launch preparation require significant professional time and expertise prior to advertisements becoming active.
The absence of active advertisements during onboarding, platform review, or verification does not delay, suspend, prorate, or reduce recurring management fees.
Paid Advertising Budgets
Monthly management fees charged by Near Me Website Marketing cover professional digital marketing management, campaign strategy, optimization, reporting, consulting, and related services only. Advertising budgets (“ad spend”) are not included in any management fee unless expressly stated in writing.
Clients are solely responsible for funding all advertising costs directly with the applicable advertising platform(s), including but not limited to Google Ads, Microsoft Advertising (Bing), Meta, LinkedIn, TikTok, Nextdoor, or any other advertising provider used as part of the campaign.
Advertising platform charges are billed directly by the applicable platform to the client’s payment method. Near Me Website Marketing does not collect, process, or mark up advertising budgets unless otherwise agreed in writing.
Failure to adequately fund advertising accounts may delay, limit, pause, or prevent campaign performance. Such interruptions do not relieve the client of their obligation to pay applicable management fees.
Late Payments & Fees
If payment is late for any reason, the client will have a seven (7) day grace period from the original billing date to resolve the outstanding balance.
If payment remains unpaid after seven (7) days, a late fee equal to ten percent (10%) of the subscription amount will be applied.
Continued nonpayment may result in service suspension or termination at Near Me Website Marketing’s discretion.
No Refund Policy
All fees are non-refundable, including but not limited to setup fees, monthly service fees, subscription charges, and partially completed work.
Fees are earned upon service availability, allocation of resources, campaign setup, and/or strategic planning—not upon the achievement of specific results.
Clients acknowledge that management fees compensate Near Me Website Marketing for professional services performed and resources allocated, not solely for the time advertisements are actively running or the volume of advertising spend incurred.
Cancellations
All direct clients of Near Me (non-white-label clients) may request cancellation by submitting written notice via email at least seven (7) days prior to the next scheduled billing date. However, all Social Media Content Creation Programs have a 30-day cancellation notice required due to the program requiring advanced work-ahead features.
The 7-day advance cancellation notice requirement is strictly enforced.
If a cancellation request is received less than 7 days before the renewal date, the subscription will automatically renew for the next billing cycle, and services will continue through the end of the paid period.
No prorated refunds are provided for partial billing periods. All fees already charged or processed remain non-refundable.
It is the client’s responsibility to ensure cancellation requests are received and confirmed prior to the renewal deadline.
Cancellation terminates future renewal and does not retroactively cancel the current paid service period.
Unless otherwise agreed, Near Me Website Marketing will continue providing contracted services through the end of the paid service period.
A client may request that work cease immediately; however, voluntarily requesting early cessation of services does not entitle the client to a refund, credit, prorated adjustment, or reduction of fees already paid or owed.
Campaign Development & Launch Period
Paid advertising management includes strategic planning, research, account configuration, audience development, campaign architecture, conversion tracking, creative preparation, platform setup, compliance review, optimization planning, testing, and launch management.
Campaigns frequently require preparation prior to becoming live. Depending on the advertising platform, business verification requirements, licensing reviews, policy reviews, platform approvals, technical integrations, or client responsiveness, campaign launch may take several days or several weeks.
Clients acknowledge that professional services begin immediately upon onboarding and are not contingent upon advertisements becoming active. Time spent researching, planning, building, configuring, testing, verifying, communicating with advertising platforms, and preparing campaigns constitutes billable work and is included within the management services provided.
Paid Advertising Landing Pages
When landing pages are included with paid advertising management, such landing pages are advertising assets designed specifically for paid traffic, conversion optimization, and campaign tracking. PPC landing pages are separate from website design, website development, and SEO/AEO website optimization services unless expressly stated otherwise in writing.
PPC landing pages may be created using Near Me Website Marketing’s designated landing page, CRM, funnel, or advertising technology platform and are not required to be built within the client’s existing website, WordPress installation, hosting account, CMS, or website builder unless expressly included in the applicable proposal or service scope.
PPC landing pages may use dedicated URLs, subdomains, tracking numbers, forms, thank-you pages, and other conversion-tracking technology as determined appropriate for campaign performance.
Landing pages are intentionally designed to limit unnecessary navigation, outbound links, and other distractions that may reduce conversions or interfere with advertising attribution and tracking.
The platform, technical implementation, tracking configuration, and conversion methodology used for PPC landing pages are determined by Near Me Website Marketing unless a specific implementation method is expressly agreed upon in writing before work begins.
Third-Party Platform Delays
Near Me Website Marketing has no authority over the review, approval, verification, suspension, reinstatement, licensing requirements, policy enforcement, or operational decisions of third-party platforms, including but not limited to Google, Microsoft Advertising (Bing), Meta, Nextdoor, or other advertising providers.
Delays caused by third-party platforms do not suspend, reduce, pause, or eliminate management fees.
During such delays, Near Me Website Marketing will continue providing professional services, which may include campaign development, account monitoring, verification assistance, communication with platform support, troubleshooting, strategic planning, optimization preparation, documentation, and other activities reasonably necessary to prepare for or facilitate campaign launch.
White Label Agreement Cancellations
- A 30-day written cancellation notice is needed per account for the Social Media Content Creation Programs.
- A 30-day written cancellation notice is needed for all white label programs.
- A written cancellation notice is required on all accounts. It is the agency’s responsibility to obtain and maintain access to the client’s accounts. Accounts will not be removed from the management list until a written cancellation notice is received, regardless of account access status. Please reach out to the Near Me team if you are having account access issues, and we will assist as best as we can.
Scope of Services
Services are limited to the marketing services actively provided by Near Me Website Marketing at the time of service.
Any work not expressly included or reasonably implied by the active service offering is considered outside the scope of services and may require additional fees.
Service Outputs & Deliverables
Clients acknowledge that many marketing services involve ongoing activities and processes rather than the delivery of standalone artifacts.
Unless explicitly stated otherwise:
Not every task produces a client-deliverable item
Internal workflows, outreach records, vendor lists, citation lists, publisher sources, automation logic, link placement details, and proprietary processes are not deliverables
Service performance is demonstrated through reporting, analytics, and results summaries, not raw execution records
Service Scopes & Controlling Documents
The client’s active proposal, invoice, order form, onboarding documentation, and any written scope clarifications issued by Near Me Website Marketing collectively define the services purchased.
General discussions, examples, recommendations, strategy conversations, demonstrations, or descriptions of potential services do not modify the purchased scope unless the modification is expressly confirmed in writing by Near Me Website Marketing.
Where a client requests clarification of scope before payment or onboarding and Near Me Website Marketing provides written clarification, that written clarification becomes part of the applicable service scope.
Revisions & Edits
Revision limits vary by service and availability.
A “revision” means reasonable edits consistent with the original direction and information provided. Revisions do not include new concepts, expanded scope, additional pages, campaigns, keywords, automations, or changes requested after approval.
Requests beyond reasonable revisions may require additional fees.
Initial drafts, mockups, landing pages, advertisements, copy, creative assets, campaigns, automations, and other materials submitted for client review are works in progress and are not always represented as final or launch-ready deliverables.
Client review is intended to identify reasonable corrections to content, imagery, branding, factual information, and other elements before finalization.
Responsive optimization, final formatting, tracking validation, technical testing, quality assurance, and other finishing work may occur after content, imagery, and material design elements have been approved, where completing such work earlier would reasonably result in duplicative development.
The existence of requested revisions or unfinished final-stage testing does not constitute defective, incomplete, or non-delivered services during an active development period.
Clients should provide consolidated revision requests whenever reasonably possible. Multiple separate emails, messages, or communications concerning the same draft may be consolidated by Near Me Website Marketing before revisions are performed.
Near Me Website Marketing is not required to implement conflicting instructions and may request clarification before proceeding.
Client Responsibilities
Clients agree to provide timely access, content, approvals, credentials, and responses required for service delivery.
Delays caused by the client do not pause billing or extend service timelines.
Clients are responsible for reviewing drafts and providing accurate, consolidated feedback regarding business information, service descriptions, industry terminology, branding, imagery, and factual accuracy.
Near Me Website Marketing may rely upon information supplied by the client during sales, onboarding, meetings, forms, emails, and other communications when developing marketing materials.
Conflicting instructions, changes in direction, or information supplied after work has begun may require revisions, affect timelines, or constitute additional scope.
Removal, revocation, restriction, expiration, or modification of account access required for service delivery constitutes a client-caused service interruption. Such interruption does not pause billing, extend the service period, create a right to a refund or credit, or constitute nonperformance by Near Me Website Marketing. Near Me Website Marketing is not responsible for delays or inability to perform affected services while required access remains unavailable.
Client Meetings & Missed Meeting Policy
Scheduled meetings require mutual time commitment and preparation. To ensure efficient use of time for all clients and internal team members, the following policy applies:
If a client misses two (2) consecutive scheduled meetings without prior communication or without providing at least twenty-four (24) hours’ notice, all future scheduled meetings may be canceled.
After such occurrences, any future meetings will be:
- Subject to availability and discretion of Near Me Website Marketing
- Required to be scheduled manually (no standing recurring meetings)
- Subject to a non-refundable reservation fee prior to booking
This policy is in place to ensure that time and resources are allocated effectively and to maintain a high level of service for all clients.
Failure to attend scheduled meetings does not pause billing, delay timelines, or modify service obligations.
Client Communication & Meeting Limitations
Near Me Website Marketing provides structured communication based on the client’s active service level – updated as of July 1, 2026.
Communication Expectations:
Clients may contact Near Me Website Marketing via email at any time.
- Typical response time: within 24 business hours
- Maximum response window: within 48 business hours
Email is the primary and preferred communication method for the fastest response.
Phone availability is not guaranteed, and missed calls do not constitute a formal communication request.
Client-imposed response deadlines, including same-day or emergency response demands, do not supersede these communication standards unless Near Me Website Marketing expressly agrees to the expedited deadline in writing.
Business Hours & Business Days
“Business hours” and “business days” exclude weekends, federal holidays, and periods when Near Me Website Marketing has provided advance notice of closure.
Near Me Website Marketing’s standard business hours are Monday-Friday 8am-4pm CST.
Meeting Allocation by Monthly Program Investment:
- At or Under $2,500/month
→ Up to one (1) meeting or call per month - $2,501 – $4,000/month
→ Up to two (2) meetings or calls per month - Over $4,000/month
→ Up to one (1) meeting per week
Meeting Guidelines:
- Meetings may be conducted via phone or video (e.g., Google Meet)
- Each meeting is limited to up to sixty (60) minutes
- Unused meetings do not roll over to future months
Billing Disputes & Chargebacks
Billing disputes must be submitted in writing within fourteen (14) days of the charge date.
Initiating a chargeback, payment dispute, reversal, or similar action through a bank, credit card issuer, payment processor, or financing provider for services that have already begun or been made available will result in immediate suspension and termination of all active services.
Upon initiation of a chargeback or payment dispute, Near Me Website Marketing may immediately cease all work, campaign management, advertising management, content creation, reporting, account support, and other services without further notice.
A chargeback or payment dispute does not constitute a valid cancellation request and does not eliminate any outstanding balance, cancellation-notice requirement, or other payment obligation.
Near Me Website Marketing reserves the right to submit applicable agreements, invoices, communications, work records, access logs, reports, and other documentation to the payment processor or financial institution in response to any dispute and to pursue recovery of unpaid balances, chargeback fees, collection costs, and other amounts where permitted by law.
If a payment associated with work or deliverables is disputed, charged back, reversed, or otherwise remains unpaid, any ownership, license, transfer, access, or usage rights associated with the unpaid work are immediately suspended. The client may not copy, use, publish, transfer, reproduce, retain, or commercially benefit from unpaid deliverables unless and until all applicable balances are paid in full and finally settled.
Suspension & Termination
Near Me Website Marketing reserves the right to suspend or terminate services for nonpayment, policy violations, failure to provide required access, or abusive or disruptive conduct.
Intellectual Property
Upon full payment, clients own final client-specific deliverables expressly created for them, such as approved written content, client-specific graphics, and other transferable assets identified as deliverables.
Client ownership of a deliverable does not transfer ownership of or create a right to access, duplicate, export, administer, or receive Near Me Website Marketing’s pre-existing templates, frameworks, software, platform accounts, CRM environments, automation architecture, tracking systems, processes, methodologies, proprietary tools, or other underlying technology used to create, host, manage, or deliver the service.
Where a deliverable operates within a Near Me Website Marketing-owned or managed platform, account, template, or proprietary system, the client’s rights are limited to the client-specific deliverable and do not include ownership or transfer of the underlying system unless expressly agreed otherwise in writing.
Near Me Website Marketing retains ownership of all pre-existing materials, templates, systems, processes, methodologies, and proprietary tools.
Unpaid, disputed, charged-back, reversed, or otherwise unsettled balances result in suspension of all ownership, license, transfer, access, and usage rights associated with the affected unpaid deliverables until all applicable balances are paid in full and finally settled.
Nothing in this Policy transfers ownership to Near Me Website Marketing of materials, accounts, intellectual property, or other assets independently owned by the client prior to the engagement.
Client Deliverable Ownership, Release & Transfer
Client ownership rights in any client-specific deliverable are conditioned upon full and final payment of all amounts due for the applicable services and deliverables. Payment is not considered final if it is subsequently disputed, charged back, reversed, refunded, rescinded, or otherwise recovered by the client or payment provider.
If a client initiates a chargeback, payment dispute, reversal, or otherwise fails to pay amounts due, the client shall have no right to receive, transfer, export, copy, publish, use, retain, or continue using any unpaid deliverable created by Near Me Website Marketing, except for client-owned materials that existed prior to the engagement. Any license or usage rights previously granted for unpaid work are immediately suspended until all outstanding amounts are paid in full and finally settled.
Client-specific deliverables may exist in different technical environments and therefore require different methods of release or transfer upon termination of services.
Client-Controlled Platform Accounts: Where work is performed directly within an account owned or controlled by the client or a third-party platform on the client’s behalf—such as Google Ads, Google Business Profile, Google Analytics, Search Console, or similar accounts—Near Me Website Marketing may remove its own administrative or manager access upon termination. The client remains responsible for maintaining its own access to such accounts.
Near Me-Managed or Hosted Assets: Where client-specific deliverables are hosted, registered, maintained, or administered through an account, platform, domain registrar, hosting environment, CRM, funnel system, or other system controlled or managed by Near Me Website Marketing, transfer of eligible client-specific assets will occur only after all applicable invoices and balances have been paid in full and subject to the client completing the necessary transfer requirements.
The client is solely responsible for obtaining and paying for any third-party services required to receive or continue operating transferred assets, including but not limited to website hosting, domain registration or renewal, CRM or software subscriptions, email services, DNS services, premium plugins, licenses, or other third-party technology.
Near Me Website Marketing is not required to purchase, provide, subsidize, or continue paying for third-party services on the client’s behalf after termination of services.
Transfer Deadline Upon Termination
When services are scheduled to terminate, the client is responsible for completing all required transfer, migration, account-access, hosting, domain, and third-party service arrangements on or before the final day of the client’s paid service period.
Near Me Website Marketing will provide reasonable cooperation necessary to transfer eligible, fully paid client-specific deliverables during the active paid service period. The client is responsible for initiating transfer requests, establishing destination accounts, purchasing required third-party services, providing necessary transfer information, and completing any confirmations or authorizations required by the applicable platform.
Near Me Website Marketing is not obligated to continue hosting, maintaining, licensing, administering, or paying third-party costs for client assets after the final day of the paid service period.
Failure by the client to complete a transfer before the end of the paid service period does not extend services or create an obligation for Near Me Website Marketing to continue maintaining the asset without charge.
Any transfer assistance requested after the termination date is subject to availability and may require additional fees, including any applicable third-party costs.
Assets remaining within Near Me Website Marketing-controlled systems after termination may be retained temporarily, suspended, archived, or deleted in accordance with Near Me Website Marketing’s data-retention practices and applicable law. Continued availability after termination is not guaranteed.
Limitation of Liability
To the maximum extent permitted by Texas law:
Near Me Website Marketing’s total liability is limited to the fees paid in the three (3) months preceding the claim
Near Me Website Marketing is not liable for indirect, incidental, or consequential damages, including lost profits
Indemnification
Clients agree to indemnify and hold Near Me Website Marketing harmless from claims arising from:
Client-provided content or data
Legal compliance of the client’s business, advertising, or claims
Use of services in violation of law or platform rules
Dispute Resolution & Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this Policy, services provided, billing, or the relationship between the parties (“Disputes”) shall first be subject to good-faith informal resolution.
If not resolved within thirty (30) days of written notice, the Dispute shall be resolved exclusively through binding arbitration, not court litigation.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, take place in Texas unless otherwise agreed in writing, be conducted by a single arbitrator, and allow the arbitrator to award any relief available under applicable law, except that punitive damages and class-wide relief are waived to the fullest extent permitted by law. Each party shall bear its own attorneys’ fees and costs unless otherwise required by law.
Class Action & Jury Trial Waiver
To the maximum extent permitted by law:
All disputes must be brought on an individual basis
Class, collective, and representative actions are waived
Each party knowingly and voluntarily waives the right to a jury trial
Exceptions
Either party may bring an individual claim in small claims court if eligible.
Claims involving intellectual property rights, unauthorized use of proprietary materials, or nonpayment may be brought in a court of competent jurisdiction in Texas.
Governing Law
This Policy is governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Updates
Near Me Website Marketing may update this Policy at any time. Continued use of services constitutes acceptance of updated terms.
Contact Information
Near Me Website Marketing
Email: info@nearmewebsitemarketing.com
PART III — WEBSITE DESIGN & DEVELOPMENT TERMS
Website Design & Development Billing Terms
The following terms apply to all website design and development projects unless otherwise stated in writing.
Payment Structure
- Fifty percent (50%) deposit is required to begin work
- The remaining fifty percent (50%) is due prior to website launch
The initial deposit secures project scheduling, design work, development resources, and internal allocation of labor.
Deposit & Refund Policy
The initial 50% deposit is non-refundable.
This deposit covers, but is not limited to:
- Strategy, planning, and consultation
- Mock-up design creation
- Content structuring and preparation
- Initial development setup and configuration
No refunds will be issued once work has commenced.
Design Approval & Revision Limits
Clients will receive an initial mock-up design prior to full website development.
- Includes up to two (2) rounds of revisions during the mock-up phase
If the client chooses not to proceed after the mock-up stage:
- The project may be terminated
- The initial deposit remains non-refundable
Approval of the mock-up constitutes authorization to proceed with full development.
Full Website Build & Edits
Following mock-up approval, the website will be fully developed.
- Includes up to five (5) edits per page
- Edits must remain consistent with the approved direction, structure, and scope
Requests exceeding these limits or altering scope may require additional fees.
Project Timeline & Client Responsibilities
Website projects are typically completed within approximately 30 days, provided the client supplies timely feedback, approvals, content, and required access.
All website projects include a maximum project window of ninety (90) days from the project start date.
Client delays, including lack of communication, missing content, missing required access points, or delayed approvals, do not:
- Pause billing
- Extend timelines
- Modify payment obligations
90-Day Completion Policy
If the website is not completed or launched within ninety (90) days due to client delay, inaction, or lack of communication:
- The remaining 50% balance becomes immediately due and payable
- Near Me Website Marketing may process the outstanding balance
The project will continue toward completion and launch.
180-Day Inactivity & Abandonment Policy
If there is no client communication or should the site remain on our staging or active servers and temporary domain(s) for one hundred eighty (180) days (6 months):
- The project is considered abandoned
- The website and associated files may be removed from hosting systems
- All payments remain non-refundable
- A $100/month hosting fee can be arranged to maintain the website until such time as the site is launched. If this payment fails to be processed within 10 days, then the project is considered abandoned and all files will be removed from our hosting systems and may not be recoverable.
Final Payment & Launch Requirements
Final payment must be received in full before:
- Website launch
- Domain connection
- Transfer to client hosting
- Delivery of final files
Near Me Website Marketing reserves the right to withhold all deliverables, access, and launch until full payment is received.
Non-Launch Option
If the client chooses not to launch the completed website:
- A $250 reduction may be applied to the final balance
- The remaining balance is still due
Upon payment:
- Website files will be provided
- Near Me Website Marketing will not deploy or host the website
Ownership & Intellectual Property (Website Projects)
Clients receive ownership of website deliverables only after full payment of all outstanding balances.
Until full payment is received:
- All work remains the property of Near Me Website Marketing
- Access, usage rights, and deliverables may be withheld
Near Me Website Marketing retains ownership of all pre-existing materials, systems, templates, processes, and proprietary methods used in the creation of the website.
Growth Partnership Program Website Ownership
Certain Growth Partnership Programs include website creation or website redesign as part of the monthly program investment. In these instances, the website is provided as a benefit of the Growth Partnership Program and is not considered a separately purchased website project.
To receive ownership of the website at no additional cost, the client must remain continuously enrolled in the applicable Growth Partnership Program for a minimum of six (6) consecutive months while remaining current on all invoices and account balances.
If the client cancels, terminates, defaults, requests early termination, or otherwise discontinues the applicable Growth Partnership Program before completing the required six (6) consecutive months:
- A Website Ownership Transfer Fee of $2,500 shall become immediately due and payable.
- All outstanding invoices, fees, and account balances must also be paid in full prior to the transfer of ownership.
- Upon receipt of the Website Ownership Transfer Fee and payment of all outstanding balances, ownership of the completed website and applicable website files shall be transferred to the client.
If the Website Ownership Transfer Fee is not paid:
- Near Me Website Marketing shall retain exclusive ownership of the website and all associated design, development, source files, and website assets.
- Near Me Website Marketing shall have no obligation to transfer, release, migrate, deploy, publish, or provide administrative access to the website or its files.
- Near Me Website Marketing will retain the website on its hosting servers for up to ninety (90) days following the date the Website Ownership Transfer Fee becomes due. If the Website Ownership Transfer Fee remains unpaid after ninety (90) days, Near Me Website Marketing may permanently delete the website, all associated files, backups, databases, and related assets from its systems. Once deleted, the website and associated files may not be recoverable, and Near Me Website Marketing shall have no further obligation to retain, restore, or transfer the website or its contents.
Upon successful completion of six (6) consecutive months in the applicable Growth Partnership Program, and provided all outstanding balances have been paid in full, ownership of the completed website shall transfer to the client without any additional website ownership fee.
PART IV — ADDITIONAL CLAUSES
Third-Party Platform Accounts & Security
Clients acknowledge that services may require access to third-party platforms including but not limited to Google Ads, Google Business Profile, Meta Ads, analytics platforms, automation tools, hosting providers, and related systems (“Platform Accounts”).
Client understands and agrees that:
Platform Accounts are owned and controlled by the respective third-party provider.
Near Me Website Marketing does not control platform security infrastructure.
Unauthorized access, hacking, phishing, malware, account takeovers, or other security incidents may occur despite reasonable safeguards.
Near Me Website Marketing is not responsible for:
Security vulnerabilities within third-party platforms
Unauthorized access resulting from compromised user credentials (including client, partner, contractor, or third-party accounts)
Platform-level breaches
Actions taken by third-party platform providers
Fraudulent charges or spend initiated by unauthorized third parties
In the event of a suspected or confirmed security incident affecting a Platform Account, Near Me Website Marketing’s obligation is limited to:
Prompt notification (where applicable)
Cooperation with the platform provider’s investigation
Providing reasonable documentation of account activity
Near Me Website Marketing does not guarantee prevention of third-party account compromise and shall not be liable for damages, advertising spend, lost revenue, business interruption, or consequential losses arising from unauthorized platform access.
Client Account Ownership & Administrative Control
Client acknowledges that Platform Accounts are owned by the client or platform provider and that administrative access may be shared among multiple users.
Client is responsible for:
Maintaining secure credentials
Enabling multi-factor authentication
Monitoring account activity
Reviewing billing activity
Near Me Website Marketing is not liable for security failures caused by any user with authorized access, including client employees, contractors, partner agencies, or other administrators.
Limitation on Advertising Spend Liability
Under no circumstances shall Near Me Website Marketing be liable for unauthorized advertising spend, fraudulent transactions, platform billing errors, or third-party misuse of advertising accounts.
Recovery of unauthorized spend is the responsibility of the platform provider and/or financial institution.
Near Me Website Marketing’s maximum aggregate liability shall not exceed fees paid in the one (1) month preceding the claim.
Force Majeure / Events Beyond Control
Near Me Website Marketing shall not be liable for delays, failures, or damages resulting from events beyond its reasonable control, including but not limited to cyberattacks, platform outages, hacking, account takeovers, data breaches, malware, or unauthorized system access.
Donahue Family Consulting LLC (DBA: Near Me Website Marketing)
Houston, TX
Terms and ConditionsConsent for CommunicationBy providing your phone number and email, you grant explicit consent for Donahue Family Consulting LLC and its affiliated brands, along with its affiliates, agents, and service providers, to contact you about products or services. This may include automated calls, prerecorded or artificial voice calls, text messages (SMS and MMS), or emails, even if your number is on corporate, state, national, or other do not contact lists. Opting out can be done anytime via email. This consent is not mandatory for any purchase, and standard message and data rates may apply. You also agree to our SMS terms, Privacy Policy, and Terms of Use. All phone and email communications may be recorded for quality and training purposes.General UsageBy using this website (the “Site”), owned by Donahue Family Consulting LLC and its affiliated brands, you agree to comply with these Terms of Service, our Privacy Policy, and any additional terms applicable to certain Site sections or services. Your use of the Site implies your agreement to these terms. We may update these Terms of Service periodically, with changes taking effect upon posting.Intellectual Property RightsLimited License to UsersThis Site and its contents are the property of Donahue Family Consulting LLC and its affiliated brands, and/or its affiliates or licensors, protected under intellectual property laws. The Site is intended solely for personal, noncommercial use. Unauthorized use, modification, reproduction, or distribution of Site materials is strictly prohibited.User Content LicenseAny material you submit to us through the Site or other channels grants us a royalty-free, perpetual, worldwide license to use, modify, distribute, and display that material. Submissions must be your original work or made with the owner’s consent. Submissions are considered as “work made for hire,” with all rights belonging to Donahue Family Consulting LLC and its affiliated brands.Use Limitations and LinkingYou may link to our Site provided it does not imply sponsorship by Donahue Family Consulting LLC. Without our written consent, you may not frame or link any Site content elsewhere.Disclaimers and LiabilityThe Site may include third-party links, which are not endorsed by us. Donahue Family Consulting LLC and its affiliated brands are not liable for any third-party content, products, or services. The Site and its contents are provided “as is,” without any warranties. We are not liable for any damages arising from your use of the Site. Any disputes or claims related to the Site must be resolved through arbitration in the jurisdiction of Texas / USAOnline CommerceTransactions with third parties through our Site are solely between you and the third party. Donahue Family Consulting LLC and its affiliated brands are not responsible for these transactions. Purchases are for personal use only.Interactive FeaturesUsers are responsible for their postings on the Site. Donahue Family Consulting LLC reserves the right to remove or edit user content and is not liable for any user-generated content.Registration and PasswordsUsers must provide accurate information when registering and are responsible for maintaining the confidentiality of their account details.Termination and Refund PolicyDonahue Family Consulting LLC reserves the right to terminate your access to the Site. The refund policy for each product, service, or event is specific and will be stated accordingly.DMCA and JurisdictionFor copyright concerns under the DMCA, please contact Donahue Family Consulting LLC. These Terms are governed by the laws of Texas / USA and are subject to arbitration in this jurisdiction.Policy ChangesDonahue Family Consulting LLC reserves the right to modify this policy. Updates will be posted on our website.


