Terms of Service for Solutionarian Marketing & Web Design

Last Updated: June 7, 2025

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://solutionarianmarketing.com website (the “Service”) operated by Solutionarian Marketing & Web Design (“us,” “we,” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Services

Solutionarian Marketing & Web Design provides a comprehensive suite of digital marketing, web design, and marketing consulting services to small to medium-sized businesses. Our services include, but are not limited to, Search Engine Optimization (SEO), Local SEO, Pay-Per-Click (PPC) Digital Ads, Content Marketing, Email Marketing, Conversion Rate Optimization (CRO), Social Media Marketing, Press Releases, Reporting Analytics, Custom Website Designs, Website Automation, Website Hosting, Website Maintenance, Fractional Chief Marketing Officer (CMO) services, Marketing Team Development, Marketing Strategies, Key Performance Indicators (KPIs) & Tracking, and Brand Development.

All services are provided on a month-to-month contract basis, allowing clients flexibility and ensuring our continued commitment to delivering results.

2. Client Responsibilities

As a client, you agree to:

Provide accurate, complete, and timely information and materials as reasonably requested by us to facilitate the provision of services.
Ensure that all content, including text, images, videos, and other media provided to us for use in your marketing or web design projects, does not infringe upon the intellectual property rights or other rights of any third party.
Review and approve deliverables in a timely manner. Delays in approval may affect project timelines.
Cooperate with us in a timely and efficient manner to facilitate the services.

3. Payment Terms

Fees for services will be agreed upon prior to the commencement of work and will be outlined in a separate proposal or service agreement.
All invoices are due upon receipt or as otherwise specified in the individual service agreement.
Failure to make timely payments may result in the suspension or termination of services.
All services are provided on a month-to-month contract, and clients will be billed accordingly.

4. Intellectual Property

**Client Content:** You retain all ownership rights to any text, images, videos, or other materials you provide to us (“Client Content”). You grant Solutionarian Marketing & Web Design a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display the Client Content for the purpose of providing the agreed-upon services.
**Our Work Product:** Upon full payment for services, the intellectual property rights to the custom web design, marketing materials, and other deliverables (“Work Product”) created specifically for you will typically transfer to you, as specified in your individual service agreement.
**Our Tools & Methodologies:** Any underlying methodologies, software, tools, templates, or intellectual property developed or owned by Solutionarian Marketing & Web Design prior to or independently of this agreement shall remain our sole property.

5. Confidentiality

Both parties agree to keep confidential all non-public information and materials obtained from the other party in connection with these Terms, including but not limited to business plans, financial information, client lists, and technical data. This obligation of confidentiality will not apply to information that is publicly known, independently developed, or required to be disclosed by law.

6. Limitation of Liability

In no event shall Solutionarian Marketing & Web Design, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7. Indemnification

You agree to defend, indemnify and hold harmless Solutionarian Marketing & Web Design and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on your website or used in your marketing campaigns that infringes on the rights of any third party.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. As services are month-to-month, either party may terminate the services with appropriate notice as outlined in the specific service agreement, typically 30 days written notice.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

10. Dispute Resolution

Any dispute arising out of or relating to these Terms or the services provided by Solutionarian Marketing & Web Design shall first be attempted to be resolved through good-faith negotiation between the parties. If a resolution cannot be reached through negotiation, the parties agree to consider mediation or, if necessary, binding arbitration in Campbell, CA.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. Contact Us

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

Email: [email protected]
Phone: (408) 610-1153
Address: 3001 S. Winchester Blvd, Unit 11, Campbell, CA 95008