Terms of Service
Discover Marketing (“we,” “us,” or “our”) provides subscription-based website design, hosting, and management services. Services are delivered according to the selected plan and the terms outlined below.
Website Plans Overview
Discover Marketing currently offers three (3) website plans:
- Starter Plan – One-page scrolling website
- Business Essentials Plan – Four-page website
- Local Growth Plan – Four-page website with local visibility services
All plans include professional website design, hosting, security, DIY editor access, and two (2) monthly website updates, as defined below. Differences between plans relate to website size and included local marketing services.
Starter Plan – One-Page Scrolling Website
The Starter Plan includes the design and setup of a single-page scrolling website intended to establish a professional online presence.
Included:
- One (1) scrolling webpage
- Standard sections such as business overview, services, service area, and contact information
- Mobile-responsive design
- Hosting, SSL security, and backups
- Basic on-page SEO setup
- DIY editor access
- Two (2) monthly website updates
- Ongoing hosting and technical support
Limitations:
- Limited to one (1) page only
- Additional pages are not included unless purchased or agreed to in writing
- Google Business Profile setup and citation management are not included
- Advanced functionality, custom features, or integrations are not included unless agreed to in writing
Business Essentials Plan – Four-Page Website
The Business Essentials Plan includes the design and setup of a four (4) page marketing website.
Included:
- Up to four (4) standard pages (typically Home, Services, About, Contact)
- Mobile-responsive design
- Hosting, SSL security, and backups
- On-page SEO setup for core pages
- Customer dashboard with analytics and form management
- DIY editor access
- Two (2) monthly website updates
- Ongoing hosting, maintenance, and support
Limitations:
- Limited to four (4) pages unless additional pages are purchased
- Google Business Profile setup and citation management are not included
- Complex functionality or custom integrations may require additional fees
Local Growth Plan – Four-Page Website + Local SEO Setup
The Local Growth Plan includes everything in the Business Essentials Plan plus additional local visibility services.
Included:
- All features of the Business Essentials Plan
- Google Business Profile setup or optimization (if eligible)
- Local citation management across selected online directories
- Enhanced local SEO configuration
Important Disclosures:
- Google approval, rankings, and visibility are subject to Google’s policies and are not guaranteed
- Citation management improves consistency but does not guarantee traffic, rankings, or leads
- Ongoing Google Business Profile management beyond initial setup may require a separate agreement
Initial Website Build Scope, Content Limits & Revisions
Initial Website Build Scope
The initial website build includes layout, structure, and content formatting based on information provided by the Client, using a reasonable amount of content appropriate for a small-business marketing website.
Discover Marketing will design and structure each page to ensure clarity, usability, performance, and a professional presentation. Discover Marketing retains discretion over page layout, section structure, and content placement to maintain design consistency and best practices.
The initial build is intended to create a clean, effective marketing website — not an unlimited or long-form content repository.
Content Limits & Page Structure
Each page is designed to include a reasonable number of sections commonly found on small-business websites, such as introductions, service overviews, highlights, and calls to action.
The following are not included in the initial website build unless agreed to in writing:
- Excessive text or long-form content
- Large blocks of copy more suitable for blog posts, articles, or resource pages
- Extensive service lists, FAQs, or detailed explanations that materially expand page length
- Content that significantly increases page complexity or structure
If content provided by the Client exceeds what is appropriate for the website pages included in the selected plan, Discover Marketing may recommend:
- Condensing the content
- Splitting content into additional pages (additional fees may apply)
- Publishing the content as blog posts or future updates
Draft Delivery & Revision Policy
Once the initial website draft is delivered, the Client is entitled to one (1) consolidated round of revisions.
Revision requests must be:
- Submitted together in a single, clear list
- Limited to reasonable adjustments such as wording changes, clarification of existing content, or minor layout refinements
The revision round is not intended for:
- Major restructuring of pages
- Addition of new sections or services
- Significant content expansion
- Design direction changes
Requests that exceed this scope will be considered Additional Work.
Approval, Launch & Ongoing Changes
After the revision round is completed, the website will be prepared for launch or considered approved if no further feedback is provided within a reasonable timeframe.
Once the website is approved or launched:
- Any further changes are handled through the Client’s included monthly website updates, or
- Billed as Additional Work if requests exceed update limits or scope
Discover Marketing is not obligated to perform additional revisions or changes outside of the revision policy without an approved scope and fee.
Scope Changes
Requests that introduce new sections, substantially expand existing sections, add new services, or materially alter page structure are considered scope changes and are not included in the initial build or revision round.
Scope changes will be reviewed and quoted in advance as Additional Work.
DIY Editor Access (All Plans)
After launch, Clients receive access to a DIY website editor, allowing them to make direct updates such as text edits, photo swaps, announcements, minor layout changes, and to add new pages or blog posts at their discretion.
By using the DIY editor, Client acknowledges and agrees:
- Client has full control over website content and layout once logged in
- Client is solely responsible for all edits and changes made
- Discover Marketing is not liable for issues caused by client-made changes, including formatting errors, broken layouts, or content loss
- Repairs or restorations requested due to client-made changes will be billed as Additional Work
- Clients are encouraged to back up important content before making major edits
- DIY editor access is provided as a convenience feature and used at the Client’s own risk
Monthly Website Updates (All Plans)
Each subscription includes two (2) website updates per month, with each update limited to up to fifteen (15) minutes of work.
Update Guidelines:
- Updates do not roll over
- Multiple small requests may be grouped into a single update
- Discover Marketing reserves the right to determine whether a request qualifies as an included update
Examples of Included Updates:
- Minor text edits
- Image replacements
- Updating business hours or contact information
- Posting announcements
Not Included as Updates:
- New pages or major sections
- Redesigns or structural changes
- Writing content from scratch
- SEO campaigns or advanced optimization
- Custom features or third-party integrations
Requests exceeding the update scope or time limit will be treated as Additional Work and quoted separately.
Additional Work, Custom Features & Third-Party Software
In addition to the services included in each plan, Clients may request additional work or custom features to expand or enhance their website.
Discover Marketing is happy to support these requests and will always review the scope and provide a clear quote before any additional work begins. Clients are never obligated to proceed and will not be charged without prior approval.
Examples of Additional Work
Additional work may include, but is not limited to:
- Adding new website pages beyond the plan limit
- Creating or formatting restaurant menus or service menus
- Blog setup or additional blog posts
- Advanced layout or design changes
- Custom forms or lead capture tools
- Installing or configuring third-party software such as:
- Booking or appointment systems
- Reservation platforms
- Live chat tools
- Online ordering or e-commerce features
- Event calendars or ticketing tools
If a Client is unsure which software or platform best fits their needs, Discover Marketing may provide general guidance or recommendations based on experience. Final software selection and usage decisions remain the responsibility of the Client.
Pricing for Additional Work
- Additional work may be billed at an hourly rate or a flat project fee, depending on scope
- All pricing will be communicated in advance
- Work will only begin after Client approval
- Approved additional work is non-refundable once started
Third-Party Software & Tools
Some additional features require third-party software, plugins, or services.
By requesting these features, Client acknowledges and agrees:
- All third-party software fees, subscriptions, and licenses are the Client’s responsibility
- Discover Marketing does not control third-party software performance, availability, or updates
- Discover Marketing’s responsibility is limited to initial setup, connection, or configuration (if requested)
- Ongoing software functionality, support, compliance, and maintenance are the responsibility of the Client and/or the third-party provider
If issues arise with third-party software, Discover Marketing may assist in troubleshooting where reasonably possible, but cannot guarantee resolution and is not liable for software failures, outages, or policy changes.
Relationship to Monthly Updates
Additional work is separate from monthly website updates included in the subscription.
Requests that exceed the scope or time limits of included updates will be classified as additional work and quoted accordingly.
Client Responsibilities
Content
Client is solely responsible for providing accurate, lawful, and timely content. If content is not provided, the website may launch with limited or placeholder content.
Domain
Client is responsible for registering and maintaining their domain name. 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, including privacy, accessibility (ADA), data collection, cookies, and disclaimers. Discover Marketing does not provide legal advice.
Accuracy & Updates
Client must notify Discover Marketing of outdated or incorrect website information. Discover Marketing is not responsible for errors not reported by the Client.
Third-Party Tools
Client acknowledges that Discover Marketing is not responsible for the performance, compliance, or liability of third-party tools, apps, or integrations.
Billing, Non-Payment, Suspension & Cancellation
Billing & Payment Terms
- Subscription fees are billed monthly in advance
- Setup fees are non-refundable
- Monthly subscription fees are non-refundable
- Billing continues until the Client formally cancels
- Client is responsible for maintaining a valid payment method on file
Non-Payment & Failed Payments
If a payment fails, is declined, or is not received:
- A short grace period may be provided
- Website access, hosting, and management services may be suspended
- The website may be taken offline
- Discover Marketing is not liable for downtime, lost traffic, leads, or business interruption
- Reactivation may require payment of outstanding balances and a reactivation fee
Cancellation by Client
Client may cancel services at any time.
Upon cancellation:
- Hosting and management services are discontinued
- Website access, dashboard access, and DIY editor access are revoked
- The website may be taken offline
- Previously paid fees are not refundable
Cancellation does not entitle the Client to website files, ownership transfer, or refunds for unused time or updates.
Website Status After Cancellation
- Website design, structure, and hosted platform remain the property of Discover Marketing
- Discover Marketing is not obligated to store or preserve website data after cancellation
- The website may be permanently removed after a reasonable period
- Clients are responsible for backing up any content they wish to retain prior to cancellation
Outstanding Balances & Termination
Unpaid balances remain due after cancellation. Discover Marketing reserves the right to pursue collection and may immediately suspend or terminate services for non-payment or violations of these Terms.
Ownership & Attribution
- Website design, structure, and hosted platform remain the property of Discover Marketing
- Client retains ownership of their domain name and original content
- Client is responsible for securing usage rights for all images provided
- A discreet “Website designed by Discover Marketing” footer credit may be included
- Discover Marketing may feature completed work in its portfolio or promotional materials
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.
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.
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.
No Guarantees
We optimize websites for SEO and performance, but do not guarantee specific rankings, traffic, or business results.
Data & Backups
We maintain regular backups for recovery purposes, but Client is responsible for maintaining their own copies of all website content and data.
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
Modification of Services
We may update, enhance, or discontinue service features at any time, with reasonable notice.
Non-Transferability
Subscriptions are non-transferable. Client may not resell or assign services without written consent from Discover Marketing.
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.
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.
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.