Last Updated: January 01, 2026
These Terms of Service (“Terms”) govern the purchase and use of services provided by Level Up Digital Marketing, LLC (“Level Up Digital Marketing,” “Company,” “we,” “us,” or “our”).
These Terms apply to clients, customers, businesses, organizations, and individuals who purchase, authorize, access, or use our services (“Client,” “you,” or “your”).
By signing a proposal, statement of work, service agreement, order form, authorization form, or other agreement that references these Terms; by approving services electronically; by submitting payment; or by continuing to use services after accepting these Terms, you agree to be bound by them.
If a separate written agreement between you and Level Up Digital Marketing conflicts with these Terms, the separate written agreement will control only with respect to the conflicting provision.
Level Up Digital Marketing provides digital marketing, advertising, website, consulting, technology, and related services. Services may include, but are not limited to:
The specific services, deliverables, fees, timelines, and responsibilities for an engagement may be described in a proposal, estimate, invoice, statement of work, email authorization, or separate service agreement.
Proposals and estimates are based on the information available at the time they are prepared. Unless otherwise stated, proposals and estimates expire thirty (30) calendar days after issuance.
Only services specifically identified in an approved proposal, invoice, statement of work, or written agreement are included in the project or recurring service.
Work requested outside the approved scope may require additional fees, additional time, and a separate written authorization. Examples of out-of-scope work may include:
Any material change to the scope may result in an adjusted timeline, additional invoice, or revised proposal.
The Client agrees to provide the information, access, approvals, content, credentials, documentation, and cooperation reasonably necessary for us to perform the services.
The Client is responsible for:
Delays caused by missing information, unavailable access, delayed approvals, platform restrictions, or other Client-related circumstances may extend project deadlines and do not excuse payment obligations.
We are not responsible for errors or delays caused by inaccurate, incomplete, outdated, or misleading information supplied by the Client or its representatives.
The Client represents and warrants that it owns or has permission to use all materials provided to us, including names, trademarks, photographs, videos, written content, customer information, logos, testimonials, designs, and other intellectual property.
The Client is responsible for the legality, accuracy, and substantiation of its business claims, advertisements, offers, promotions, pricing, warranties, testimonials, products, and services.
The Client may not ask us to create, publish, or promote content that is unlawful, fraudulent, deceptive, defamatory, infringing, discriminatory, malicious, or otherwise reasonably objectionable.
We may reject, remove, pause, or refuse to publish content that we reasonably believe violates applicable law, third-party rights, platform policies, professional standards, or these Terms.
The Client agrees to pay all fees identified in the applicable proposal, invoice, statement of work, subscription, authorization, or separate agreement.
Unless otherwise stated in writing, invoices are due on the date shown on the invoice. Setup fees, deposits, retainers, and project payments may be required before work begins.
Recurring services are billed according to the billing schedule stated in the applicable proposal, invoice, or service agreement. Recurring fees may be billed in advance for the upcoming service period.
The Client remains responsible for payment even if the Client does not fully use the available services, delays providing requested information, does not respond to communications, or chooses not to implement our recommendations.
Payments are not contingent upon rankings, lead volume, revenue, sales, campaign performance, platform approval, or any other specific business result unless expressly stated in a written agreement signed by the Company.
When the Client affirmatively authorizes automatic or recurring billing, the Client authorizes Level Up Digital Marketing and its payment processor to charge the approved payment method according to the disclosed billing schedule.
Recurring billing will continue until the applicable services are canceled in accordance with the proposal, service agreement, or cancellation provisions in these Terms.
The Client is responsible for keeping its billing information current. Failure of a payment method does not cancel the services or eliminate an outstanding balance.
The Client may revoke an automatic-payment authorization by providing written notice. Revoking automatic payment does not cancel the underlying service agreement or eliminate amounts already due.
Unless expressly included in a written proposal, our management fees do not include third-party expenses. Third-party expenses may include:
The Client is responsible for maintaining sufficient funds and valid payment information for all Client-owned third-party accounts.
Level Up Digital Marketing is not required to advance funds, cover advertising spend, pay a Client’s vendor obligations, or continue paying third-party costs on the Client’s behalf.
If we advance an approved third-party cost, the Client agrees to reimburse us according to the applicable invoice or written authorization.
An invoice becomes past due when it has not been paid by the due date shown on the invoice.
The Client is responsible for promptly resolving declined payments, expired cards, insufficient funds, bank disputes, chargebacks, or other payment failures.
We may stop accepting additional work, withhold new deliverables, postpone scheduled work, decline support requests, or restrict account access while an invoice remains unpaid.
If an invoice remains unpaid for more than ten (10) calendar days after its due date, Level Up Digital Marketing may suspend some or all services associated with the Client’s account.
Services subject to suspension may include, but are not limited to:
Suspension may include placing a website into maintenance mode, displaying a temporary service-unavailable page, pausing campaign management, disabling nonessential services, withholding updates, or ceasing work until the account is brought current.
Where reasonably practical, we may provide notice before suspension. However, once an invoice is more than ten (10) calendar days past due, additional notice is not required unless a separate written agreement expressly requires it.
Suspension does not cancel the Client’s agreement, eliminate amounts already due, or prevent additional recurring fees from becoming due when the underlying service has not been properly canceled.
Level Up Digital Marketing is not obligated to personally fund hosting, advertising, software, employee labor, contractor labor, or other costs required to maintain services for a delinquent account.
The Client acknowledges that suspending digital services may result in:
To the fullest extent permitted by law, Level Up Digital Marketing will not be responsible for losses, damages, claims, or business interruptions resulting from a suspension caused by the Client’s non-payment or failure to maintain required third-party accounts.
Suspended services may be restored after:
Restoration is not necessarily immediate. Timing may depend on staff availability, third-party providers, DNS propagation, software reactivation, platform reviews, account verification, or other technical considerations.
We do not guarantee that rankings, traffic, campaigns, integrations, website functionality, or other performance will immediately return to the condition that existed before suspension.
The Client agrees to contact us in good faith before initiating a bank, credit-card, PayPal, Stripe, or other payment dispute.
A chargeback or payment reversal does not automatically terminate services or eliminate a valid payment obligation.
We may immediately suspend services when a payment is disputed, reversed, recalled, or charged back. Services may remain suspended until the dispute is resolved and all outstanding amounts are paid.
Fraudulent or abusive payment disputes may be supported with proposals, agreements, invoices, communications, work records, access logs, campaign records, and other documentation demonstrating authorization and performance.
If an account remains unpaid, we may refer the account to a collection agency, suspend or terminate services, pursue available legal remedies, or take other lawful action to collect the balance.
To the extent permitted by law and expressly authorized by the applicable agreement, the Client may be responsible for reasonable collection costs, court costs, and other expenses incurred in collecting an unpaid balance.
Cancellation requirements may be stated in the Client’s proposal, subscription, statement of work, or service agreement. If no different cancellation period is stated, the Client must provide at least thirty (30) calendar days’ written notice before canceling a recurring service.
Cancellation requests must be sent to: info@levelupdigitalmarketing.com .
Cancellation is effective only after we receive the written request. A telephone call, verbal statement, social media message, non-payment, removal of account access, or payment dispute does not constitute proper cancellation.
The Client remains responsible for:
We may suspend, decline, or terminate services when reasonably necessary, including when:
Termination does not eliminate amounts already due. We will determine whether any prepaid, unused fees are refundable based on the applicable agreement, work performed, costs incurred, and reason for termination.
Unless otherwise stated in writing, setup fees, deposits, completed work, consulting fees, hourly work, advertising-management fees, SEO fees, hosting fees, software fees, and third-party expenses are nonrefundable once the applicable work or service period has begun.
Advertising spend paid directly to Google, Meta, Microsoft, or another advertising platform is subject to that platform’s refund policies.
No refund will be issued solely because a campaign, website, SEO service, or other marketing activity did not produce a specific number of leads, sales, rankings, impressions, clicks, or revenue.
Project deposits reserve production time and may be nonrefundable after work begins.
If the Client fails to provide requested content, access, feedback, or approval for thirty (30) consecutive days, we may place the project on hold.
If the Client remains unresponsive for sixty (60) consecutive days, we may consider the project abandoned, close the project, invoice completed work, and require a reactivation fee or new proposal before restarting.
A delayed or abandoned project may be rescheduled based on our current availability rather than retaining its original production position.
Website projects are based on the approved scope and number of included pages, templates, revisions, features, and integrations.
Unless otherwise stated, the Client is responsible for supplying final logos, photographs, service details, legal disclosures, pricing, team information, and other business-specific content.
We may use commercially reasonable design practices and may adapt layouts for mobile devices, tablets, accessibility, performance, browser compatibility, and platform limitations.
Minor differences may occur across browsers, screen sizes, devices, operating systems, plugins, and software versions.
Once a website or project is approved, published, transferred, or used by the Client, additional revisions may be billed separately.
Hosting and maintenance services may depend on third-party data centers, domain registrars, DNS providers, content-delivery networks, software vendors, security services, and internet infrastructure.
We do not guarantee uninterrupted or error-free website operation. Website availability may be affected by scheduled maintenance, security threats, third-party outages, traffic spikes, software conflicts, expired services, unpaid accounts, or circumstances beyond our reasonable control.
Maintenance services include only the tasks identified in the applicable plan. Redesigns, new functionality, extensive content changes, malware cleanup, emergency recovery, custom programming, and repairs caused by third parties may require additional fees.
We may apply updates, security measures, backups, plugin replacements, or configuration changes that we reasonably believe are necessary to protect or maintain the website.
The Client may not install unauthorized software, provide administrator access to unknown parties, or make material technical changes without accepting responsibility for resulting conflicts, damage, security issues, or repair costs.
Whenever practical, domains and essential business accounts should be registered in the Client’s legal name using Client-controlled contact and payment information.
If we register or manage a domain on the Client’s behalf, the Client is responsible for paying all registration, renewal, transfer, privacy, and redemption charges.
We are not responsible for the expiration, loss, suspension, or transfer of a domain caused by non-payment, outdated contact information, failure to verify ownership, registrar action, unauthorized access, trademark disputes, or circumstances outside our reasonable control.
Domain and DNS transfers may require identity verification, payment of outstanding balances, transfer fees, security waiting periods, or cooperation from third-party providers.
SEO involves improving a website’s content, technical condition, relevance, authority, local visibility, and search-engine accessibility. Search engines independently determine rankings and may change their algorithms, policies, layouts, and indexing systems at any time.
We do not control Google, Bing, or any other search engine. We do not guarantee:
SEO performance may be affected by competition, website history, domain authority, reviews, proximity, market demand, budget, algorithm changes, Client responsiveness, prior SEO practices, website changes, and other factors beyond our control.
Suspension or cancellation of SEO may cause work to stop and may affect future performance. Previously earned rankings are not guaranteed to remain after services end.
Google and other directory providers independently control verification, reinstatement, edits, suspensions, reviews, rankings, categories, service areas, and profile eligibility.
We cannot guarantee verification, reinstatement, ranking, approval, or continued availability of any business profile.
The Client is responsible for supplying accurate business information, licenses, photographs, addresses, signage, service-area details, and other verification materials requested by a platform.
The Client must notify us of business-name, ownership, address, telephone, category, licensing, or service changes that may affect profile accuracy or eligibility.
Advertising services may include campaign strategy, setup, copywriting, targeting, bidding, landing pages, tracking, optimization, and reporting.
Advertising platforms independently control ad approval, account verification, billing, auction results, delivery, placement, suspension, and policy enforcement.
We do not guarantee:
The Client is responsible for promptly responding to leads and for determining whether leads are legitimate, qualified, or commercially valuable.
Spam, solicitations, wrong numbers, job seekers, competitors, duplicate inquiries, and unqualified leads may occur and do not automatically establish that campaign management was defective.
Advertising-management fees are separate from advertising spend unless expressly stated otherwise.
Advertising budgets may be estimates or targets rather than exact daily or monthly limits. Platforms may spend more or less on individual days while attempting to remain within their applicable budget system.
The Client authorizes the budget stated in the applicable proposal, campaign authorization, email, or advertising account.
Budget changes should be provided in writing. We are not responsible for charges incurred before a requested change can reasonably be implemented by us or processed by the advertising platform.
Analytics and reporting data may be collected from Google Analytics, Google Ads, call-tracking systems, advertising platforms, form systems, CRM platforms, and other sources.
Different platforms may attribute leads and conversions differently. Reporting discrepancies may result from cookies, privacy settings, device switching, call duration, duplicate events, browser restrictions, consent-management settings, spam filtering, or platform modeling.
Reports are provided for informational and marketing-management purposes. They are not guaranteed to be complete, error-free, or suitable for accounting, tax, legal, or financial reporting.
Our services may rely on third-party platforms and providers, including Google, Meta, Microsoft, WordPress, SiteGround, GoDaddy, Stripe, PayPal, Mailchimp, Zapier, call-tracking providers, software vendors, hosting providers, domain registrars, and analytics providers.
Third-party services are governed by their own terms, policies, pricing, availability, and technical limitations.
We are not responsible for:
We may recommend or substitute reasonably comparable technology when a third-party service becomes unavailable, insecure, incompatible, or commercially impractical. Additional costs may apply.
Each party retains ownership of intellectual property it owned before the engagement.
The Client retains ownership of Client-provided trademarks, logos, photographs, business information, and original content, subject to any third-party rights.
Level Up Digital Marketing retains ownership of its preexisting processes, systems, templates, frameworks, strategies, code libraries, design methods, documentation, tools, know-how, and reusable materials.
Upon full payment of all project invoices, the Client receives the rights to the final custom deliverables specifically created for the Client, except for:
No ownership or license transfer is required while an account remains unpaid.
Unless the Client requests otherwise in writing, we may identify the Client as a customer and display publicly available work in our portfolio, proposals, case studies, social media, website, and marketing materials.
We will not intentionally disclose confidential financial information, passwords, private customer information, or nonpublic business information for promotional purposes without authorization.
Each party agrees to use reasonable care to protect confidential information received from the other party and to use it only for purposes related to the engagement.
Confidential information does not include information that:
We may share information with employees, contractors, processors, and service providers who reasonably need it to perform the services.
The Client agrees to use secure passwords, multifactor authentication when available, and reasonable access controls.
The Client should not send sensitive passwords through unsecured communication methods when a secure option is available.
The Client must promptly notify us of suspected unauthorized access, malware, credential theft, employee separation, or other security concerns.
We are not responsible for unauthorized activity caused by compromised Client credentials, former employees, Client-authorized third parties, phishing, social engineering, or security practices outside our control.
The Client is responsible for determining which privacy notices, cookie disclosures, consent mechanisms, data-retention practices, and regulatory requirements apply to its business and website.
Unless expressly included in the scope, Level Up Digital Marketing does not provide legal advice or guarantee that a website, policy, form, advertisement, tracking system, or data practice complies with every applicable privacy law.
The Client should have all privacy policies, terms, accessibility statements, disclaimers, consent language, and regulatory disclosures reviewed by qualified legal counsel.
We may follow generally accepted website-design and accessibility practices within the approved scope. However, accessibility requirements may vary based on the Client’s industry, location, size, customers, contracts, and applicable laws.
Unless expressly included in a written agreement, we do not guarantee compliance with the Americans with Disabilities Act, Web Content Accessibility Guidelines, Section 508, or any other accessibility law or standard.
Formal accessibility audits, remediation, monitoring, and legal review require a separate written scope.
Our services and materials do not constitute legal, tax, accounting, investment, or financial advice.
Templates or general language provided for privacy policies, terms, disclaimers, promotions, advertisements, contracts, or compliance purposes should be reviewed by a qualified professional familiar with the Client’s business and applicable laws.
Marketing outcomes depend on numerous factors outside our control, including competition, market demand, reputation, reviews, budget, pricing, seasonality, economic conditions, sales performance, Client responsiveness, website history, geographic location, platform changes, and customer behavior.
We do not guarantee any specific ranking, lead volume, lead quality, conversion rate, sales amount, revenue amount, return on investment, business growth, or other result.
Forecasts, estimates, projections, audits, recommendations, and examples are opinions based on available information and are not promises of future performance.
To the fullest extent permitted by law, services are provided on an “as is” and “as available” basis.
We disclaim warranties that are not expressly stated in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, uninterrupted service, and error-free performance.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
To the fullest extent permitted by law, Level Up Digital Marketing and its owners, employees, contractors, representatives, and service providers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.
This includes loss of profits, revenue, business opportunities, rankings, data, goodwill, traffic, leads, customers, advertising spend, or business interruption, even if the possibility of such damages was known.
To the fullest extent permitted by law, our total aggregate liability arising from a particular claim will not exceed the amount of service fees paid directly to Level Up Digital Marketing for the specific service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Advertising spend, third-party platform charges, taxes, software charges, hosting charges, domain charges, and reimbursed expenses are not considered service fees when calculating this limitation.
Nothing in this section limits liability that cannot lawfully be limited.
To the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless Level Up Digital Marketing, its owners, employees, contractors, and representatives from third-party claims, liabilities, damages, penalties, and reasonable expenses arising from:
Neither party will be liable for delays or failure to perform caused by circumstances beyond its reasonable control.
Such circumstances may include natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, government action, labor disruption, illness, public-health emergencies, utility outages, internet outages, cyberattacks, platform outages, supplier failures, or other events that could not reasonably have been prevented.
Level Up Digital Marketing is an independent contractor. These Terms do not create an employment, partnership, franchise, fiduciary, joint-venture, or agency relationship between the parties.
Neither party may bind the other to a contract or obligation without express written authority.
The Client agrees that approvals, authorizations, notices, invoices, proposals, agreements, and other communications may be delivered electronically.
Electronic signatures, approved proposals, checkbox acceptances, email authorizations, and similar electronic actions may be treated as evidence of agreement and authorization to the extent permitted by law.
The Client is responsible for maintaining an accurate email address and reviewing communications sent to that address.
Notices to Level Up Digital Marketing should be sent to:
Level Up Digital Marketing, LLCNotices to the Client may be sent to the email address, billing address, mailing address, or account contact most recently provided by the Client.
These Terms and any dispute arising from them will be governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
Subject to any mandatory legal requirements, the parties agree that any court proceeding will be brought in a state or federal court with jurisdiction over the county in which Level Up Digital Marketing maintains its principal business office.
Before filing a lawsuit, each party agrees to provide written notice describing the dispute and requested resolution.
The parties will attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) calendar days after receipt of the written notice, unless immediate action is reasonably required to protect accounts, confidential information, intellectual property, legal rights, or security.
To the extent permitted by law, any claim arising from the services or these Terms must be brought within one (1) year after the party knew or reasonably should have known of the facts giving rise to the claim.
This limitation does not apply where a different period is required by applicable law.
The Client may not assign or transfer its agreement without our prior written consent.
We may assign these Terms or an applicable service agreement as part of a merger, sale, restructuring, financing, business transfer, or transfer of substantially all related assets.
If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect.
The invalid provision will be interpreted or modified only to the minimum extent necessary to make it enforceable where permitted by law.
A party’s failure to enforce a provision does not waive its right to enforce that provision later.
A waiver is effective only when made in writing by an authorized representative of the party granting it.
These Terms, together with the applicable proposal, statement of work, invoice, authorization, service agreement, and incorporated policies, constitute the agreement between the parties concerning the applicable services.
They replace prior discussions or representations concerning the same subject matter, except for obligations contained in an existing signed agreement.
We may revise these Terms to reflect changes in our services, business practices, technology, platform requirements, or applicable laws.
Updated Terms will be posted on this page with a revised “Last Updated” date. When changes materially affect an active recurring service, we may also provide notice by email, invoice message, client portal, proposal, or other reasonable method.
Material changes will apply prospectively after notice and will not retroactively eliminate rights or alter payment obligations that arose under a previously executed agreement unless the parties agree otherwise.
Continued use of the services after the effective date of properly disclosed updated Terms may constitute acceptance to the extent permitted by law.
Questions about these Terms may be directed to:
Level Up Digital Marketing, LLC