Terms & Conditions

San Diego Marketing® Terms & Conditions

1.  Payment
100% of Design Production Fee is due at the time of order by Account Holder (Client). Late payments will be charged a 2.5% monthly late fee. Should a payment be late, San Diego Marketing reserves the right to freeze all work until accounts are settled. Payments will be made via credit card (Visa, Mastercard, or American Express). All sales are final. There will be no refunds on any design, video, or digital production material fees including printable marketing materials.

2.  Monthly Maintenance Fee
Maintaining a functional web site, video, or digital media involves hosting services, domain renewal, maintenance and security updates, and other services which are included with your monthly service fee. Website(s), and/or video(s), and/or digital media created by San Diego Marketing are provided as a full service, which includes all necessary maintenance updates and services on a month to month agreement. The Client may choose to cancel services at any time, and subsequently the web site, video, or digital media will be shut down at that time (reference item 13. Review, Expiration, and Cancellation). San Diego Marketing also provides work toward the website(s), which can include text or photo content changes, or basic design changes (reference 14.1 Included Website Services). These are all included in your monthly service fee which is non-refundable. Any work beyond this scope will be billed at an hourly rate of $100.  San Diego Marketing will notify the client before exceeding this limit, so no additional charges will be incurred without the Client’s prior consent/notification.

3.  Ownership
In exchange for payment, San Diego Marketing will provide a designed Finished Website(s), and/or Video(s), and/or Digital Media to the Client that include monthly hosting and domain services.  During the duration of the relationship between the Client and San Diego Marketing, no files will be released to the Client until termination of the relationship. Should the Client terminate the relationship with San Diego Marketing, the websites become the exclusive property of the Client upon a 30 day written request in addition to any outstanding balance be paid in full (reference item 8. Backups and 13. Review, Expiration, and Cancellation). However, these files are partially based on a non-exclusive code base created and maintained by San Diego Marketing and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies are expressed or implied. Additional licensing may be required with third party assets.

3.1  Domain Name(s)/URL(s) Ownership
In order for San Diego Marketing to manage and maintain a client’s main website, the domain name (URL) must be transferred into San Diego Marketing’s registrar. This is to insure SEO, design integrity, and any updates to the Clients’ website(s) be made with ease and in a timely manner.
Domain names transferred into San Diego Marketing will remain under clients’ registrant ownership. San Diego Marketing will only be the Technical, Administrative, and Billing contact.

Should Client part ways with San Diego Marketing, upon a 30 day written request and Exit Review Meeting, the clients’ domain will be transferred back to the Client immediately (reference item 13. Review, Expiration, and Cancellation).

Domain name(s) purchased by San Diego Marketing for client strategies will remain property of San Diego Marketing.

4.  Point of Contact & Training
San Diego Marketing will require one point of contact during the Monthly service agreement for clarifying requirements for design, key features, usability and maintenance issues. San Diego Marketing requires this person be available to answer questions arising from the project within 24 hours on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions.

5.  Response Time
Due to the nature of the business model, San Diego Marketing is not set up to support on call services. Within the duration of this Monthly service agreement, San Diego Marketing will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. San Diego Marketing will respond in good faith but cannot guarantee any specific action within a given time frame.

6.  Dependencies
In the event that any aspect of this Monthly service agreement is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. San Diego Marketing is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.

7.  Hosting
San Diego Marketing provides web designs, videos, and digital media as a complete service unless otherwise specified, which includes hosting services, domain renewal, and other associated services in maintaining a functional web site. San Diego Marketing uses a third party Hosting Provider and as such is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider.  San Diego Marketing will maintain the web site files to ensure compatibility with the latest technologies from the Hosting Provider.

8.  Backups
San Diego Marketing maintains internal backups of active project code and design files. These backups are taken periodically to ensure the ability to restore a web site in the case of errors or Client updates. In the case that the Client takes action that compromises the web site, San Diego Marketing will make every effort to restore the site to its previous state.  This service is provided as a courtesy to the client, and is not guaranteed nor is San Diego Marketing liable for any down time.

Upon a 30 day written cancellation and a scheduled “Exit Review Meeting” between the client and San Diego Marketing Executive Manager, San Diego Marketing will keep any available data or digital files for 30 days as a courtesy to the client, and is not guaranteed. Therefore, San Diego Marketing is not liable for any media lost.

9.  Security
In order to minimize the chances of security violations, San Diego Marketing keeps all systems and services up to date. However, due to the nature of rapidly advancing technology, San Diego Marketing can in no way guarantee that the Finished Product(s) will not be subject security breaches. San Diego Marketing recommends the use of strong passwords and the observance of standard security practices.

10.  Limited Liability
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) obtaining the required licenses and respect copyrights for any and all third party assets including but not limited to fonts, media, and software added by the Client.

The Client agrees that any liability of San Diego Marketing relating to this agreement and the services performed, shall be limited to the amount of fees actually received by San Diego Marketing, from the Client under this agreement regarding the services in question. In no event shall San Diego Marketing be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

11.  Warranty
San Diego Marketing will provide patches and bug fixes for any bugs or issues included in the scope of this monthly service agreement reported within the first month following the date of order completion as defined by the date the client places the original order. All bug fixes outside of the project scope or after the first month may be subject to a service fee.

12.  Credit
San Diego Marketing retains the right to use the Client within San Diego Marketing’s portfolio of clients and all corporate marketing materials. A link to the The Client website(s), and/or video(s), and or digital media created by San Diego Marketing will be placed on the San Diego Marketing web site as part of San Diego Marketing’s business portfolio.

13.  Review, Expiration, or Cancellation
This Monthly service agreement is valid for the duration that the Client retains the web site from San Diego Marketing. This Monthly service agreement may be terminated by either party with a full 30 day certified written notice (via United Parcel Service, Federal Express, or United States Postal Service) and with a scheduled “Exit Review Meeting” between the Account Holder (Client) and San Diego Marketing Executive Manager to ensure that all possible measures have been taken to resolve any issues prior to exiting. Upon the termination of Monthly service agreement, the web site, video, and/or digital media and associated hosting services will be terminated, and the clients’ domain will not be renewed. All offerings from San Diego Marketing are offered as services, and as such are subject to an annual maintenance fee.  Upon termination of the monthly service agreement, no refunds will be provided, and the website(s), and/or video(s), and or digital media will no longer be maintained by San Diego Marketing.

14.  Website Services
Minor changes/updates to your website(s) are inclusive with your monthly service fee. To avoid any overlap or backlog on changes/updates, we require any changes/updates be submitted once a month. Be sure to be very detailed with your changes/updates directions. There is a 5 to 10 business day turnaround on minor changes/updates. Please reference the following lists for changes/updates that are included in your monthly service fee and for changes/updates that are subject to additional fees. Turnaround time for changes/updates that are subject to additional fees will be quoted on a per case basis.
14.1     Included Website Services
•    Text and photo additions/changes/removals/swaps
•    Adding or swapping out photos EXCEPT photos in your background design layout. Examples of photos that can be changed: staff photos, smile gallery photos, stock photos in boxes
•    Office information: days/hours/address changes.
•    Adding links as long as it does not affect the navigation of the site
•    Affiliations: adding/removing
•    Social Media buttons: adding/removing (maybe you decided to begin using Twitter)
•    Patient Forms additions/changes/removals.  Please resend all forms exactly the way they should be shown on your site
•    Blog additions/removals
•    Testimonial additions/changes/removals
•    Special offers: may be subject to a fee
•    Adding video (video editing subject to fee)
14.2     Changes/Updates Subject to Additional Fees:
•    Redesign (a new and fresh look for your sites)
•    Reformatting of pages, design, photos
•    Sliding headers: rotating images on your site
•    Creation and embedding of HIPAA Compliant Patient Forms – customized form within your site that sends patients information electronically to the doctor
•    Custom design logo
•    Special offers: may be subject to a fee
•    Video editing

15. Instagram Services

All Instagram services provided by San Diego Marketing are subject to change without notice based on Instagram’s algorithm changes and their Terms and conditions and San Diego Marketing’s proprietary marketing strategies.

Service agreement only outlines a marketing commitment that is subject to change without notice, which includes postings, stories, hashtags, content, photo editing, and any other services provided by San Diego Marketing.

Client is responsible for all legal liabilities associated with photos, videos, or any other media content. San Diego Marketing has no liabilities with material client provides.