Terms & Conditions
Agreement and Services
By using this website, requesting services, signing an agreement, or making any payment to Digital Canvas Marketing LLC, the client agrees to be legally bound by these Terms and Conditions. Digital Canvas Marketing LLC is a Florida limited liability company providing website, marketing, advertising, software, and implementation services across the United States. Services are limited to what is outlined in the client’s proposal, invoice, or agreement. Any work not clearly included is outside the scope and may require additional fees or a new agreement.
Client Responsibility and Control
The client is fully responsible for all business decisions, including pricing, staffing, compliance, finances, and operations. Digital Canvas does not manage or control the client’s business. The client must provide accurate, lawful, and complete content and confirms they have the legal right to use all materials provided. The client agrees to provide timely approvals, communication, and access. Delays caused by the client do not pause billing. Once content is approved or published, the client accepts full responsibility for it.
Billing, Payments, and Refund Policy
Services are available on a month-to-month basis or an annual agreement. Annual agreements receive a fifteen percent discount applied to both the monthly rate and the one-time setup fee. Annual pricing does not require upfront payment for the full year. Both plans are billed monthly on a recurring basis. The client authorizes automatic payments and agrees to keep valid billing information on file at all times. All payments are non-refundable, including unused time, paused services, or early cancellation. Fees are not based on results and no refunds are provided for performance. Failed or disputed payments may result in immediate service suspension and the client remains responsible for all outstanding balances, fees, and associated costs.
Project Start and Fees
Upon signing this agreement, work begins following the completion of the official onboarding process. If a setup fee applies, that fee is processed upon onboarding completion and project kickoff. If no setup fee applies, the first monthly retainer is processed at the conclusion of onboarding. Either payment constitutes the official project start date and is fully earned and non-refundable upon processing, regardless of progress, completion, or subsequent cancellation. No work will begin prior to successful payment processing.
Paid Advertising — Billing, Ad Spend, and Adjustments
Clients enrolled in paid advertising services are billed a monthly management fee by Digital Canvas. Ad spend billing is handled under one of two arrangements depending on what is agreed upon at the time of onboarding.
Option A — Combined Billing (Default): By default, Digital Canvas bills a single combined monthly charge that includes both the management fee and the agreed upon monthly ad spend budget. This combined charge is processed at the start of each billing cycle prior to ads running for that month. Ad spend is managed by Digital Canvas through our advertising accounts on behalf of the client.
Option B — Client-Managed Ad Spend: Clients may opt to manage ad spend directly through their own advertising accounts. In this arrangement, the client is billed only the Digital Canvas management fee and is responsible for funding and maintaining their own ad accounts. Digital Canvas will manage campaigns within those accounts but is not responsible for funding, billing disputes, or platform account issues that arise on the client side.
Regardless of billing arrangement, ad spend does not always hit the exact budgeted amount. Actual spend may come in slightly over or under the agreed budget due to platform delivery algorithms and daily pacing. Digital Canvas takes reasonable steps to pace campaigns as close to the agreed budget as possible. Under Option A, in the event that ad spend exceeds the agreed monthly budget, Digital Canvas will absorb the overage internally and reduce the following month’s ad spend by the overage amount. The client will not be charged additionally for the overage. The adjustment applies to one billing cycle only, after which the budget resets to the agreed amount. Under Option A, in the event that ad spend falls short of the agreed monthly budget by more than ten percent, Digital Canvas will carry the underspent amount forward and apply it to the following month’s ad spend. The client will still be charged their standard combined monthly amount. The makeup spend applies to one billing cycle only, after which the budget resets to the agreed amount.
Ad spend adjustments are reviewed internally on a quarterly basis or at the client’s request. These reviews are for optimization and pacing purposes and do not alter the agreed monthly billing amount unless both parties agree to a formal budget change in writing. Once ads have begun running for a given billing cycle, no refunds will be issued for that month’s ad spend regardless of performance, cancellation, or any other reason. If a client cancels prior to a scheduled makeup spend being applied under Option A, any outstanding underspent balance will be refunded to the client’s card on file. Any outstanding overspend absorbed by Digital Canvas will not be billed to the client upon cancellation. Digital Canvas is not responsible for results, performance, or outcomes related to third party advertising platforms including Google and Meta. Platform policies, algorithm changes, and market conditions are outside our control and do not constitute grounds for refunds or billing disputes.
Agreement Terms
Digital Canvas offers two agreement structures. Month-to-Month: the client is billed monthly at the standard rate with no long-term commitment. The agreement renews automatically each month until canceled with proper notice as outlined in the Cancellation section. Annual Agreement: the client commits to a twelve-month term and receives a fifteen percent discount applied to both the monthly rate and the one-time setup fee. The agreement renews automatically for an additional twelve-month term at the end of each period unless canceled with proper written notice prior to the renewal date. Annual agreements are billed monthly at the discounted rate. Early termination of an annual agreement does not entitle the client to a refund for any remaining months in the term. Services continue through the end of the agreement period.
Auto-Renewal Policy
Both month-to-month and annual agreements renew automatically unless canceled in accordance with the cancellation policy outlined in Section 08. Month-to-month agreements renew on the same day each month. Annual agreements renew on the anniversary of the original start date for an additional twelve-month term. Digital Canvas will make reasonable efforts to notify clients of an upcoming annual renewal no fewer than fourteen days before the renewal date. Failure to receive this notification does not void the renewal or create grounds for a refund. It is the client’s responsibility to track their renewal date and submit cancellation notice in accordance with Section 08 if they do not wish to renew. Renewal pricing reflects the rate in effect at the time of renewal. Digital Canvas reserves the right to adjust pricing at renewal with reasonable advance notice.
Cancellation and Notice Requirements
Cancellation of any agreement requires thirty days written notice submitted to Digital Canvas via email. Cancellation is only effective upon written acknowledgment from Digital Canvas. Services remain active and billable during the thirty day notice period regardless of whether the client uses the service. Failure to provide proper written notice, declining payment, or disputing charges does not constitute a valid cancellation and does not stop the billing obligation. For annual agreements, cancellation notice must be submitted at least thirty days prior to the renewal date to prevent automatic renewal for an additional twelve-month term. Notice submitted after the renewal date has passed will take effect at the end of the new term. In the event a client fails to complete the thirty day notice period or defaults on a final payment, Digital Canvas reserves the right to withhold delivery of all website files, account access, and any other client-owned assets until the outstanding balance is paid in full. Unpaid balances may be sent to a third party collections agency and the client remains responsible for all associated collection fees and costs.
Service Suspension for Non-Payment
Digital Canvas will suspend all services after seventy-two hours of non-payment past the due date and failure to respond to contact attempts. For website services specifically, Digital Canvas reserves the right to take websites offline after forty-eight hours of non-payment. Suspension does not cancel the client’s obligation to pay outstanding balances. Services will be restored upon receipt of full payment. Digital Canvas is not liable for any business interruption, lost traffic, or lost revenue resulting from a suspension due to non-payment.
Ownership of Deliverables Upon Cancellation
Upon completion of all final payments, Digital Canvas will provide the client with their website files, domain credentials if the domain was registered on the client’s behalf, and access to any advertising and analytics accounts registered under the client’s name. Digital Canvas operates hosting internally and does not transfer hosting accounts. The client is responsible for securing their own hosting upon departure. Delivery of assets is contingent on a zero outstanding balance. Digital Canvas is not obligated to deliver any files or credentials until all amounts owed have been paid in full.
Third Party and Personal Access to Managed Websites
Digital Canvas manages website security as part of the Website Management service. If the client requests that personal logins, third party developers, or outside contractors be granted access to any website managed by Digital Canvas, the client assumes full responsibility for any resulting security issues, site damage, or data loss. Granting such access voids any security guarantees provided by Digital Canvas. Digital Canvas is not liable for issues arising from unauthorized or third party modifications to a managed website.
Services, Platforms, and Results
Digital Canvas is not responsible for issues related to third party platforms such as Google, Meta, hosting providers, or software tools. Marketing results are not guaranteed and may vary based on competition, budget, algorithms, and other external factors. Loss of access to domains, accounts, hosting, or software does not pause billing or create a right to refunds.
Client Conduct and Right to Terminate
Digital Canvas reserves the right to terminate services immediately and without prior notice in cases of abusive, threatening, or harassing behavior directed at any Digital Canvas team member. In such cases, the client remains responsible for all outstanding balances and the standard cancellation and delivery terms apply.
Compliance and Professional Responsibility
Digital Canvas does not provide medical, legal, financial, or tax advice. The client is responsible for ensuring all content and business practices comply with applicable laws, including healthcare and advertising regulations.
HIPAA and Protected Health Information
Digital Canvas is not a HIPAA covered entity and does not provide HIPAA compliance services. The client is solely responsible for any protected health information and for ensuring compliance with all applicable privacy laws.
ADA and Website Accessibility
Digital Canvas Marketing LLC does not provide ADA compliance services and makes no guarantee that any website we build or manage is fully compliant with the Americans with Disabilities Act or any related accessibility laws. The client is solely and entirely responsible for ensuring their website and business meet all applicable accessibility requirements. Digital Canvas may offer clients the option to enroll in an Enhanced Accessibility Widget service at an additional fee. By signing this agreement, the client expressly acknowledges that Digital Canvas Marketing LLC bears no liability whatsoever for any ADA compliance failures, accessibility related claims, lawsuits, fines, or penalties.
Security and Communication Risk
Digital Canvas takes reasonable steps to support basic security, but no system is completely secure. The client accepts the risk of data loss, breaches, or technical issues. Email and online communication are not guaranteed secure, and sensitive information should not be shared through unsecured channels.
Ownership and Rights
After full payment, the client owns custom deliverables created for them. Digital Canvas retains ownership of its internal systems, templates, methods, and processes. Digital Canvas may use the client’s name, logo, and work in marketing materials unless the client opts out in writing.
Force Majeure
Digital Canvas is not liable for delays, interruptions, or failures in service caused by circumstances outside our reasonable control. This includes but is not limited to platform outages, algorithm changes, Google or Meta policy updates, hosting infrastructure failures, cyberattacks, natural disasters, or any other event beyond our control. These events do not pause billing, create grounds for refunds, or constitute a breach of our agreement.
Legal Terms and Liability
Digital Canvas’s total liability is limited to the amount paid by the client in the ninety days before any claim. Digital Canvas is not responsible for lost revenue, missed leads, or business interruption. The client agrees not to solicit or hire Digital Canvas team members during the agreement and for twelve months after. These Terms are governed by the laws of the State of Florida. Disputes will be resolved through binding arbitration in Florida, or Florida courts if arbitration is not available.