Terms of Service

Last Updated: January 1, 2025

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the website operated by Strategic Digital Media LLC ("us", "we", or "our") or engaging our services. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Interpretation and Definitions

For the purposes of these Terms of Service:

  • Agency refers to Strategic Digital Media LLC.
  • Client refers to the entity or individual engaging the Agency for services.
  • Service refers to the website and the digital marketing services provided by the Agency.

2. Digital Marketing Services

When engaging Strategic Digital Media LLC for digital marketing services (SEO, PPC, Web Design, etc.), the following specific terms apply unless superseded by a separate written Master Services Agreement (MSA):

Search Engine Optimization (SEO)

While we utilize industry-best practices to improve search engine rankings, we do not and cannot guarantee specific rankings (e.g., "#1 spot on Google") or specific traffic volumes. Search algorithms are third-party systems outside our direct control.

Paid Advertising (PPC)

Management fees charged by Strategic Digital Media LLC are for the service of managing your campaigns. Advertising spend (paid directly to Google, Meta, etc.) is the sole responsibility of the Client and is not included in our management fees.

Web Design & Development

Upon full payment, the Client owns the specific design and content of the website. However, Strategic Digital Media LLC retains the right to reuse underlying code snippets, frameworks, and design patterns. The Client is responsible for providing all text and image assets unless "Content Creation" is explicitly included in the scope.

3. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Strategic Digital Media LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Strategic Digital Media LLC.

4. Client Obligations

To ensure the success of the project, the Client agrees to:

  • Provide necessary access to digital assets (hosting, domain DNS, analytics accounts) in a timely manner.
  • Provide feedback and approvals within 5 business days of request. Delays in client feedback will result in delays in the project timeline.
  • Ensure that all materials provided to the Agency (images, copy, logos) do not infringe on any third-party intellectual property rights.

5. Payment Terms

Unless otherwise agreed in writing, all invoices are due upon receipt. Late payments may incur a late fee of 1.5% per month or the maximum allowed by law. We reserve the right to suspend services (including taking websites offline or pausing ad campaigns) for accounts that are past due by more than 15 days.

6. Limitation of Liability

In no event shall Strategic Digital Media LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. Ongoing marketing contracts usually require a 30-day written notice for cancellation, as specified in your individual service agreement.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

9. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us: