Terms & Conditions
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Marketly Digital shall provide all services outlined in the contract with the cooperation of The Client. Any changes to the services provided will be outlined between Marketly Digital and The Client. However, please note that prices may be subject to change without prior notice.
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Unused Webmaster Hours and Update Hours are non-transferrable between years.
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Any additional services requested by the Client will be subject to a separate agreement and additional fees. Please ask your Account Manager for details on these fees.
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Client agrees to provide all necessary materials, approvals, and access to platforms required for the Marketly Digital to fulfill its obligations. Delays in providing these items may affect project timelines but will not affect payment obligations.
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If a project stalls due to client unresponsiveness or lack of required materials, it will expire after 12 months. Expired projects are non-refundable and require a new agreement to resume work. Clients are responsible for timely communication to ensure project completion.
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Payment for services provided needs to be made in a timely manner in order for work to continue. Failure to do so will result in a suspension of work, including hosting; however, this will not terminate the terms of the contract. The work will continue when payment has been satisfied. Billing is monthly, while work is delivered quarterly.
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Your first down payment is due immediately; your project will NOT begin until we have received your payment information. Once you complete the full payment for your website, you own it. This includes the files, content, images, etc. However, all downloads used for Lead Generation and SEO services (non-custom templated eBooks/infographics/white papers) remain the property of Marketly Digital and are not transferable.
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When commissioning a project, it’s important to understand our payment terms. A setup fee (occasionally the first month’s fee) is required to secure your project and commence work, and this deposit is non-refundable. This policy is in place to protect our business and ensure that we can allocate the necessary resources and time to your project. If you cancel the project or fail to make the remaining payments, the amount already paid will not be returned to you. We strongly advise you to carefully consider your budget and timeline before committing to any project with us.
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Tech Setup: Fee includes IT support and communication between Marketly and your company/contractors. We’ll create your project hosting space and transfer your domains, DNS, and email, which typically takes approximately 3 hours. If your situation requires extra care, additional hours will be charged at the IT support rate of $250/Hour.
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Hosting: At launch, your website will require a monthly hosting solution. If no other service has been arranged (via Hosting or Marketing Contract), our default Hosting will be started automatically and billed separately. This package includes web hosting of your site files & databases, server and technical maintenance, and HIPAA and ADA compliance, plus access to the tech support hotline.
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Admin Access: You can request administrative access to your website. Because of the nature of the permissions of your administrative account, anyone with access will have the capability to damage the site. Therefore, if we find that your account has caused damage to the site or if you request our assistance to repair an issue caused by your account, repairs will be charged at $250/hour.
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Ownership: When you decide to conclude your contractual agreement with Marketly Digital, you retain all ownership rights to the website previously managed or designed by Marketly Digital. This means that all content and design elements become your exclusive possession. This is part of Marketly Digital’s commitment to your satisfaction and ensures a smooth transition that protects your assets and business continuity. You are then free to manage, modify, or repurpose the website according to your needs without any further obligations to Marketly Digital.
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Regarding any materials you provide to Marketly Digital for marketing or website publication: We will assume they are accurate and you have the right and/or permission to publish them. If you do not have this permission and they must at a later time be removed from your site or other online publications, such as social media or directory listings, this work will be completed and billed at our hourly rate. We assume no liability for Client-provided materials that result in legal action.
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You need to provide information, documents, pictures, and any other content needed at your own expense in a timely manner so Marketly Digital can complete the work on time. This includes information necessary for the transfer and access of your URL, existing site (if any), bios, team photos, patient photos and case write-ups, and any other information you wish to include on your site.
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You are required to retain copies of all data and materials sent to Marketly Digital for publication to ensure against accidental loss or damage. Marketly Digital will not store originals and will have no liability for loss or damage.
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Once output materials have been received by you, it is your obligation to store and maintain these materials. In the occurrence that files are lost or destroyed, Marketly Digital will retain a copy for a replacement for 60 days, free of charge. After this 60-day period, there is no guarantee a copy will be available. If a copy is available, a reasonable transfer fee will be assessed based on our hourly rate.
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Marketly Digital reserves the right to display all aspects of creative work, including sketches, work-in-progress designs, and the completed project in our portfolio and in media online and offline.
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Furthermore, Marketly Digital retains the explicit right to use any content submitted by clients, including images, videos, and similar media, as well as recordings of video calls and any work completed through our services. This content may be showcased both online and offline as part of our educational and promotional activities.
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By working with Marketly Digital, you grant us permission to use your name, image, voice, and likeness in AI-generated marketing materials for your business. This may include AI-enhanced videos, images, or voiceovers used in your ads, social media, and other promotional content. You may request modifications or opt out in writing, but prior content may remain in use.
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When your new website launches, we ensure your pages meet stated WCAG 2.0 Level AA standards. However, this doesn’t include or account for future website updates or updates to the WCAG standards.
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If the time comes for us to part ways, whatever the reason, we will do all we can to make the transition smooth. We appreciate being allowed to be a part of your marketing team. All terminations of service must occur in writing and include a 30-day notice to allow us time to conclude any open projects and gather all your files for transfer. Services will continue until the end of the calendar month following the completion of the 30-day notice period. The final invoice will reflect all services rendered during this time, and no prorated refunds will be issued for partial months.
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Upon termination of services, all downloads used for Lead Generation (non-custom templated eBooks/infographics/white papers) remain the property of Marketly Digital and are not transferable. Once services are terminated, templated downloadables and infographics will be removed from your website and may no longer be used. Previously posted social media will remain on your pages but may not be reposted in new posts. Stock materials used on your website and marketing (including blog and social posts) may remain on the website but may not be repurposed as your own without purchase from the original source.
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If the Client terminates all services, they will be removed from all agency systems, including Marketly Connect, within 30 days of signing the Termination of Services agreement. After this period, the Agency is no longer responsible for maintaining access, data, or platform integrations. The Client must ensure they have exported any necessary data before removal. If the Client has not secured an alternative hosting solution by the time of removal, they will be automatically billed for one additional full month of hosting at the current hosting rate.
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Marketly Digital strongly recommends that you not migrate the contents of your current email accounts if at all possible. This process is often times very long and is extremely prone to error. Marketly Digital can create an email account on our hosting that is identical to your current address, other than the contents of the account. These accounts can be set up very rapidly and will be available at the launch of your site. If your company absolutely requires the migration of the contents of your email account, it will be billed at the IT support rate of $250/Hour and will require your company to back up your current email in case of loss during migration or an error in the process. Marketly Digital is not liable for the loss of contents from an inadequate backup of email and contacts on the Client side.