Welcome to Construction Marketing Services (“CMS,” “we,” “our,” or “us”). These Terms & Conditions govern your use of our website constructionmarketingservices.com and our services. By using our website or services, you agree to these Terms. If you do not agree, you should discontinue use immediately.
1. Scope of Services
CMS provides digital marketing services for contractors and construction-related businesses, including but not limited to:
- Search Engine Optimization (SEO)
- Website Design and Development
CMS may expand or modify services from time to time.
2. Eligibility and User Responsibilities
- Users must be at least 18 years old.
- You agree to provide accurate information and not misuse CMS services.
- Misuse includes unauthorized access, illegal use, and distributing harmful content.
3. Payments, Disputed Charges, and Chargebacks
- Payments must be made according to the billing terms agreed upon.
- If you believe a charge is incorrect, you must first notify CMS to resolve the disputed charge in good faith.
- Initiating a chargeback without contacting CMS may result in suspension of services and recovery of fees.
- Refunds and cancellations are handled in accordance with the client’s service contract. Clients may request a copy of this policy by contacting CMS.
4. Cyber Security and Cyber Insurance
- CMS maintains reasonable cyber security measures including firewalls, encryption, and restricted access.
- Clients are responsible for securing their own devices, passwords, and systems.
- CMS maintains cyber insurance, but coverage is limited to CMS-controlled systems and does not extend to client negligence.
5. Intellectual Property
- All website content, branding, and materials are the property of CMS unless otherwise specified.
- Deliverables are transferred to clients only upon full payment unless otherwise stated in a written agreement.
6. Limitation of Liability
- CMS is not liable for indirect or consequential damages, including lost profits.
- CMS does not guarantee outcomes on third-party platforms (Google rankings, ad results, social media performance).
- Liability is limited to the fees paid by the client in the preceding three months.
7. Termination and Cancellation
- CMS may suspend or terminate services for non-payment, breach of terms, or abusive behavior.
- Clients may cancel services according to their signed contract. All outstanding balances must be paid before cancellation takes effect.
8. Governing Law and Dispute Resolution
- These Terms are governed by the laws of the State of New York, USA.
- Any disputes shall be resolved exclusively in the courts located in New York.
- Both parties agree to attempt mediation before pursuing litigation.
9. Amendments
10. Miscellaneous
- Force Majeure: CMS is not responsible for delays caused by events beyond its control (natural disasters, outages, government restrictions).
- Severability: If one part of these Terms is found unenforceable, the remainder still applies.
- Entire Agreement: These Terms, along with any signed client contracts, represent the full agreement between CMS and the client.
