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. Services Provided


Discover Marketing (“we,” “our,” or “us”) provides subscription-based website design, hosting, maintenance, and related services. Our Base Plan includes:

  • Custom, responsive website design
  • Domain connection assistance
  • Free SSL certificate
  • Hosting on AWS
  • On-page SEO setup
  • Monthly maintenance (security, backups, SEO checks, performance monitoring)
  • Two (2) included website updates per month (see Section 5)
  • Customer dashboard with analytics, form management, and DIY editor access
  • Ongoing support
  • Cancel-anytime subscription (no contracts)


Our Pro Plan includes all Base Plan features, plus:

  • Google Business Profile setup assistance
  • Privacy & Cookie Policy setup assistance
  • Priority support
  • Citation management assistance


2. Client Responsibilities


  • Content: Client is solely responsible for providing accurate and timely content (text, photos, business details). If Client does not provide content, 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  • Updates: Client must promptly notify us if any website information (e.g., business hours, contact info) is outdated or incorrect.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. Pro Plan Features (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.


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) 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.


5. Updates Policy


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.


Additional Work

  • Any service beyond those included in the Base or Pro Plan (including but not limited to extra updates, custom integrations, 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 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.


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. Entire Agreement


These Terms constitute the full agreement between Client and Discover Marketing, superseding all prior discussions or representations.