Terms of Service


Last updated: June 1, 2025

These Terms of Service (“Terms”) govern your use of Discover Marketing’s website design, hosting, and related services.


By subscribing to our services, you (“Client”) agree to the following terms and conditions.


1. Scope of Services (Website Design, Hosting & Support)


Discover Marketing (“we,” “our,” or “us”) provides subscription-based website design, hosting, maintenance, and related digital-marketing services.


DiscoverPage

Includes:

  • One-Page Scrolling Website
  • Hosting, Security & Daily Backups
  • Local On-Page SEO Setup
  • DIY Editor for Self Updates
  • Monthly Management & Performance Monitoring
  • Ongoing Support


DiscoverSite

Includes:

  • 4-Page Responsive Website
  • Hosting, Security & Daily Backups
  • Advanced Local SEO
  • 2 Monthly Site Updates Included
  • Monthly Management & Performance Monitoring
  • 3rd Party Software Integration
  • Ongoing Support


Website Design Scope & Process


1. DiscoverPage Website Design Scope (One-Page Website)

The DiscoverPage Plan includes the initial design and setup of a one-page (1-page) scrolling small-business website.

Unless otherwise stated in writing:


Page Structure & Content

The website includes one (1) long-form scrolling page with standard sections such as a header, about section, services overview, photos, reviews/testimonials, and contact information.

A reasonable amount of content is included. Requests for unusually long pages, excessive sections, large amounts of copy, or complex layouts may exceed the base scope and will be quoted as additional work.


Design Revisions

One (1) round of design revisions is included before launch.

Additional revisions or redesign requests will be quoted separately.


Features & Functionality

The DiscoverPage plan includes standard small-business features only.

Advanced functionality (e.g., e-commerce, booking systems, events, memberships, custom forms, third-party integrations) is not included and requires a separate quote.


Platform & Ownership

Websites are built on Discover Marketing’s hosted platform.

Access to backend code, source files, or platform export is not included.


Post-Launch Changes

After launch, Clients may update the site using the included DIY editor.

Optional paid updates by Discover Marketing are available upon request (see Section 5 – Updates Policy).


Approval & Launch

The Client will receive a preview link for review before launch.

Once approved, the website will be published as the live version.


Out-of-Scope Items

Any services or design elements not listed above will be quoted separately and must be approved before development begins.


2. DiscoverSite Website Design Scope (4-Page Website)

The DiscoverSite Plan includes the initial design and setup of a four-page (4-page) small-business marketing website.

Unless otherwise stated in writing:


Included Pages & Structure

The website includes up to four (4) core pages, such as: Home, About, Services, and Contact.

Each page includes a reasonable number of standard content sections. Requests for unusually long pages, extensive formatting, large copy blocks, custom layouts, or additional sections may exceed the base scope and will be quoted separately.


Design Revisions

One (1) round of design revisions is included before launch.

Additional revisions or redesign requests will be quoted separately.


Features & Functionality

The DiscoverSite plan includes standard small-business marketing functionality.

Third-party integration setup (e.g., booking tools, CRM, forms, calendars, widgets) are included if they are supported by the platform.

Advanced functionality (e.g., e-commerce, memberships, custom databases) requires a custom quote.


Blog or Additional Pages

Blogs and additional pages are not included at launch.

Clients may add pages or a blog later through the DIY editor or by hiring Discover Marketing for custom development.


Platform & Ownership

Websites are built on Discover Marketing’s hosted platform.

Access to backend code, source files, or platform export is not provided.


Post-Launch Changes

DiscoverSite includes two (2) monthly site updates as part of the subscription (see Section 5 – Updates Policy).

Additional updates or major revisions will be quoted separately.


Approval & Launch

The Client will receive a preview link before launch.

Once approved, the website will be published live.


Out-of-Scope Items

Any services, pages, features, or design elements not listed above will be quoted separately and approved prior to development.


DIY Editor Access

After launch, clients receive access to a DIY website editor that allows them to make direct updates such as text edits, announcements, photo swaps, or small layout changes. Clients may also use the editor to add new pages or blog posts at their own discretion.

By using the DIY editor, the Client acknowledges and agrees:

  • Client has full control over their website content and layout once logged in.
  • Client is solely responsible for any edits or errors made using the editor.
  • Discover Marketing is not liable for issues arising from client-made changes, including loss of content, formatting errors, or design alterations.
  • If Discover Marketing is requested to repair or restore a website due to client-made changes, standard hourly or repair fees will apply.
  • We recommend clients back up important text or media before making major edits.

DIY editor access is provided as a convenience feature, and clients use it at their own risk.


2. Client Responsibilities


  • Content: Client is solely responsible for providing accurate and timely content (text, photos, business details). If content is not provided, the website may launch with limited or placeholder content.
  • Domain: Client is responsible for registering and maintaining their domain. Until connected, the website will remain on a temporary Discover Marketing domain.
  • Compliance: Client is solely responsible for ensuring website content complies with applicable laws (privacy, ADA accessibility, data collection, cookies, disclaimers, etc.).
  • Updates: Client must promptly notify us if any website information (e.g., business hours, contact info) is outdated or incorrect. We are not responsible for errors not reported to us.
  • Third-Party Tools: Client acknowledges that we are not responsible for the performance, compliance, or liability of any third-party apps, tools, or integrations installed on their website.


3. Plan Add Ons  (Limitations of Liability)


  • Google Business Profile: We assist with claiming and basic setup. Client must supply accurate business details. We are not responsible for Google’s acceptance, ranking, or visibility of the listing.
  • Privacy & Cookie Policies: We assist in connecting third-party policy generators (e.g., Termly). Client is solely responsible for supplying information, reviewing policies, and ensuring compliance with applicable laws. We are not a legal service.
  • Priority Support: Requests will be addressed ahead of Base Plan clients, but we do not guarantee immediate turnaround or resolution times.
  • Citation Management: We will submit Client-provided business details to common directories. Client is responsible for supplying accurate information and updating us of changes. We are not responsible for third-party directory acceptance or ranking results.


Professional Plan Add Ons are charged a separate fee.


4. Billing, Fees, and Cancellations


Pricing & Fee Changes
Current setup fees and subscription fees are listed on our website or in your service proposal. Discover Marketing reserves the right to adjust pricing at any time, with reasonable notice provided to active clients.


  • Setup Fee: The one-time setup fee is non-refundable once paid.
  • Monthly Fees: Monthly subscription fees are non-refundable. Billing continues until cancellation.
  • Cancellation: Client may cancel anytime. Upon cancellation, website hosting and design services will be discontinued.
  • Ownership Upon Cancellation: The website design and platform remain the property of Discover Marketing. Client retains ownership of their domain name (if registered in their name) and their original content and images.
  • Additional Work: Any services beyond those included (e.g., extra updates, new pages, custom integrations, advanced SEO campaigns, repairs to DIY changes) are subject to additional fees, quoted in advance.
  • Payment Terms: Payment must be made on time each billing cycle. If payment is missed or declined, services may be paused or terminated until payment is received. We are not liable for downtime due to nonpayment.


Note: Setup fees cover the initial 4-page website design and launch as outlined in Section 1. Any new pages, blogs, redesigns, or repairs to client-made changes after launch will be billed separately as “Additional Work.”


5. Updates Policy


Each subscription includes two (2) website updates per month (under 15 minutes each). Updates do not roll over.
Updates are limited to minor content changes such as text edits, photo swaps, or posting announcements.

Larger changes (new pages, redesigns, custom features) are considered additional work and will be billed separately at rates provided to the Client in advance.


Client-Made Changes: If a Client’s DIY editor changes cause errors or website issues, repairs by Discover Marketing will be considered additional work and billed accordingly.


Additional Work

Any service beyond those included in the Base or Pro Plan—including but not limited to extra updates, new pages, content creation, advanced SEO, or design changes—will be quoted and billed separately. Discover Marketing will always provide clear, upfront pricing before beginning additional work.


Custom Software & Third-Party Add-Ons

From time to time, Client may request custom integrations or add-ons (such as booking systems, e-commerce platforms, or other third-party tools). These services are considered additional work and will be quoted and billed separately. Discover Marketing’s responsibility is limited to initial setup or connection of these tools. Ongoing functionality, licensing, compliance, and support remain the responsibility of the Client and/or the third-party provider. Discover Marketing is not liable for downtime, errors, updates, or failures of any third-party applications, nor for any claims, damages, or legal issues arising from their use.


Definition of Updates

Updates included in your plan are limited to small content changes that typically take less than 15 minutes, such as text edits, swapping images, updating business hours, or posting announcements.

Discover Marketing reserves the right to determine, at its sole discretion, whether a request qualifies as an included update or as additional work.
Requests that exceed the scope of an update (such as creating new pages, redesigning layouts, or adding new functionality) will be considered additional work and quoted separately.



6. Ownership


  • Website Design: The design, structure, and hosted platform remain the property of Discover Marketing.
  • Domain Name: Client owns and controls their domain, provided it is registered in their name.
  • Content: Client is responsible for all website content and any liability arising from it.
  • Images: Client is responsible for securing usage rights for any images provided. Discover Marketing is not liable for copyright claims related to client-supplied content.
  • Attribution: Client agrees to include a discreet “Website designed by Discover Marketing” link in the footer of the website, which may include a hyperlink to discovermktg.com or an updated domain designated by Discover Marketing. This link may be removed only with prior written consent. Discover Marketing reserves the right to include the completed website in its design portfolio or promotional materials.


7. Disclaimers & Limitation of Liability


  • No Legal Advice: Discover Marketing does not provide legal, compliance, or regulatory services. Any legal content (e.g., privacy policies, cookie notices) is provided via third-party apps/tools, which we only help connect.
  • Forms & Tracking: If Client enables forms, cookies, or tracking, Client is responsible for ensuring compliance with privacy and data laws.
  • Accuracy of Content: Client is responsible for ensuring all website content is accurate and current. We are not liable for outdated or incorrect content.
  • Third-Party Apps: We are not liable for downtime, errors, or legal compliance of third-party integrations.
  • Liability Limit: To the maximum extent permitted by law:
  • Discover Marketing shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of business, revenue, or data, even if advised of the possibility of such damages.
  • Client agrees that any claim against Discover Marketing shall be limited to the total amount of subscription fees paid by Client in the three (3) months immediately preceding the claim.
  • Client waives the right to pursue class actions, group claims, or lawsuits seeking damages beyond this amount.
  • Arbitration Agreement
  • Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (AAA).
  • Arbitration shall take place in Delaware. The language of arbitration shall be English.
  • The arbitrator’s decision shall be final and binding, and judgment may be entered in any court with jurisdiction.
  • Client waives the right to a jury trial or to participate in a class action or representative proceeding.


8. Acceptable Use

Client may not use services for unlawful purposes, spamming, distributing malware, or content that infringes intellectual property rights. Discover Marketing reserves the right to suspend or terminate services for violations.


9. Service Availability & Downtime

We use enterprise-level hosting (AWS), but cannot guarantee uninterrupted availability. Discover Marketing is not liable for downtime caused by hosting providers, third-party apps, or internet outages.


10. No Guarantees

We optimize websites for SEO and performance, but do not guarantee specific rankings, traffic, or business results.


11. Data & Backups

We maintain regular backups for recovery purposes, but Client is responsible for maintaining their own copies of all website content and data.


12. Indemnification

Client agrees to indemnify and hold Discover Marketing harmless against claims, damages, or expenses arising from:

  • Website content (text, images, forms, or other data)
  • Use of third-party apps or integrations
  • Client’s business practices, policies, or failure to comply with laws


13. Modification of Services

We may update, enhance, or discontinue service features at any time, with reasonable notice.


14. Non-Transferability

Subscriptions are non-transferable. Client may not resell or assign services without written consent from Discover Marketing.


15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware. Any disputes shall be resolved exclusively in Delaware courts.



16. Right to Refuse or Terminate Services


Discover Marketing reserves the right, in its sole discretion, to decline service to any individual or business, or to cancel an existing subscription, for any reason. This includes, but is not limited to:

  • Websites or content involving pornography, sexually explicit material, illegal activities, drug-related content, hate speech, or material deemed harmful, deceptive, or inconsistent with our brand standards or values.
  • Client behavior that is abusive, threatening, defamatory, or otherwise damaging to Discover Marketing, its staff, or reputation.
  • Public conduct or online activity (including posts on social media, review platforms, or other public channels) that promotes hate speech, discrimination, violence, or content contrary to Discover Marketing’s ethical or community standards.

If service is declined or canceled under this policy, any prepaid fees for future months will be refunded on a prorated basis, and website hosting will be discontinued following notice to the Client.


Discover Marketing reserves the right to remove its branding, links, and portfolio references to any client or project that becomes inconsistent with our professional or ethical standards.


17. Entire Agreement

These Terms constitute the full and complete agreement between Client and Discover Marketing, superseding all prior discussions, proposals, or representations regarding the services described.


Precedence & Representations:

These Terms supersede any prior discussions, advertisements, proposals, or representations—whether written, verbal, or posted on our website—that conflict with or expand upon the services described herein. Any additional promises, guarantees, or explanations provided by Discover Marketing staff or representatives are not binding unless confirmed in writing and signed by an authorized representative of Discover Marketing.


Severability:
If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or arbitrator, that provision will be modified or limited to the minimum extent necessary to make it enforceable. All remaining provisions shall remain in full force and effect.