Terms & Conditions of Service
These Terms govern all services delivered by The Marketing Systems Collective.
Clear expectations. Clean processes. Zero ambiguity.
Effective Date
May 1, 2025 (Updated)
By submitting payment, approving a proposal, or signing an onboarding agreement,
you agree to these Terms & Conditions.
1. Service Model
We operate under two primary structures:
- Partnership Agreements — ongoing, high-touch collaboration.
- Project Engagements — defined deliverables and timelines.
Access to development, consulting, automation, or analytics work requires an active
partnership agreement or project engagement.
2. Partnership Support
Partnership clients are those covered under an active partnership agreement.
- Priority access within your partnership scope
- Time tracked in 15-minute increments
- Additional work billed at a reduced partnership rate
- Emergency support billed at the same reduced partnership rate
- Partnership terms and included scope are defined in your specific agreement
3. On-Demand Support (Non-Partnership)
For clients not covered under a partnership agreement, on-demand support is available as follows:
- Work billed at a higher contracted support rate
- A minimum time commitment applies per request
- Best-effort scheduling based on availability
- Emergency work (if accepted) billed at a higher non-partnership emergency rate
- Work estimated over 10 hours may require a formal project scope
4. Project Engagements
Projects follow milestone-based billing unless otherwise agreed.
Projects over 10 hours:
- 30% deposit
- 40% at midpoint
- 30% before launch
Projects under 10 hours:
- 50% to start
- 50% at delivery
Deposits are non-refundable once work begins.
Includes 3 rounds of revisions; additional work or re-scoping may incur added cost.
5. Website Design & Development Workflow
All website development projects follow a structured
Concept → Approval → Revision → Launch model to ensure clarity, quality, and alignment throughout the build.
Concept Phase
- Initial strategic direction, wireframes, or design concepts are created based on your project goals.
- This phase defines layout, structure, branding approach, and required functionality.
Approval Phase
- You review and approve the concept direction before full development begins.
- Changes requested after approval may be considered out of scope and may impact cost or timeline.
Revision Phase
- Website projects include a set number of revision rounds as defined in your proposal or SOW.
- Revisions must remain aligned with the approved direction and do not include new pages, features, or structural changes unless scoped separately.
Launch Phase
- A project is considered complete only once the website is fully launched to your live domain.
- Launch includes migration, DNS assistance, and live environment verification unless otherwise noted.
Additional revisions, new feature requests, or scope changes beyond the included revision rounds
may require new billing, an adjusted timeline, or conversion to a partnership agreement.
6. Emergency Support
Emergency work includes time-sensitive, business-impacting issues such as:
- Website outages (not related to hosting provider)
- Broken checkouts or lead/booking forms
- Fatal errors or confirmed security issues
Billing:
- Partnership clients: billed at the reduced partnership rate defined in your agreement
- Non-partnership clients: billed at a higher non-partnership emergency rate
All emergency work is subject to availability and may be scoped before work begins.
7. Inactivity & Pausing
If a project or task is delayed due to client inactivity (21+ days):
- Work may be paused
- A $250 reactivation fee may apply
- Timelines may reset
- Future work may be limited to partnership-only formats
8. Client Responsibilities
- Provide timely approvals and requested materials
- Respond to communication within 3 business days
- Use the agreed communication channels
- Understand that delays may impact scope, timeline, and cost
9. Hosting & Maintenance
- Includes basic security, uptime monitoring, and core updates (when hosting is provided)
- Does not include content edits, design changes, or custom development unless specified
- Non-payment may result in temporary suspension of hosting or maintenance
- Hosting provider issues are not treated as emergency items
10. Custom Software & Automations
- Support for APIs, scripts, and automation tools is scoped per engagement
- Light support may be included for smaller tools or integrations
- Expanded software support may be included under a dedicated partnership plan
- All work follows staging → review → production workflows wherever possible
11. Ownership & Intellectual Property
- Deliverables transfer to you upon full payment
- All work remains the property of The Marketing Systems Collective until paid in full
- We may showcase non-confidential work in our portfolio unless requested otherwise in writing
12. Refund Policy
- Ongoing partnership payments are non-refundable
- Project deposits are non-refundable once work begins
- No refunds for subjective dissatisfaction when revision opportunities were available
- Chargebacks constitute breach and may result in service suspension or revocation of access
13. SEO & Marketing Services
SEO, ranking, and performance results vary due to market conditions, competition,
and algorithm changes. No guarantees are made regarding specific rankings, traffic, or revenue outcomes.
Strategy, content, and implementation work are scoped under your partnership agreement or project engagement.
14. Governing Law
These Terms are governed by the laws of the State of California.
Both parties agree to attempt mediation before pursuing litigation.
Questions
Email: info@themarketingsystemscollective.com
© 2025 The Marketing Systems Collective. All Rights Reserved.