Acceptance of these terms
By accessing excellence-digital.com (the "Site"), requesting a proposal, or using any service we provide (together, the "Services"), you agree to these Terms of Use. If you are agreeing on behalf of a company, you represent that you have authority to bind that company, and "you" means both you and that company.
If you do not agree to these terms, do not use the Site or the Services.
Who we are
The Site and Services are operated by Excellence Digital, LLC, a Florida limited liability company based in Apollo Beach, Florida, serving the Tampa Bay and Greater SouthShore area ("Excellence Digital," "we," "us," or "our").
Definitions
- Client — a person or business that has engaged us under a proposal, quote, statement of work, or subscription.
- Deliverables — websites, landing pages, funnels, automations, workflows, campaigns, copy, designs, documentation, and other work product we create for you.
- Client Materials — anything you provide to us: brand assets, copy, images, data, customer lists, credentials, and third-party accounts.
- Third-Party Platform — any software or service we configure, integrate, or resell that we do not own, including CRM, hosting, messaging, payment, and advertising platforms.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are offered for business use. We do not knowingly collect information from children through the Site.
Our services
Excellence Digital provides digital marketing, web design and development, CRM implementation, marketing automation, AI workflow builds, search engine optimization, hosting and maintenance, and related consulting. The exact scope of any engagement is defined in the proposal or statement of work you sign — not on this page.
We may add, change, or discontinue any part of the Site or a service offering at any time. Where a change materially affects an active engagement, we will tell you before it takes effect.
Proposals and separate agreements
These Terms of Use apply to everyone who uses the Site. Client work is also governed by the proposal, quote, statement of work, master services agreement, or subscription terms you accept. If a signed agreement conflicts with these terms, the signed agreement controls for that engagement. Everything not addressed there is still governed here.
Accounts and credentials
Some Services require an account on our platform or on a Third-Party Platform we administer for you. You are responsible for keeping login credentials confidential and for all activity under your account. Tell us immediately if you suspect unauthorized access.
When you give us credentials to your systems — hosting, domain registrar, ad accounts, CRM, social profiles — you confirm you have the right to do so, and you authorize us to use them only to perform the Services.
Your responsibilities as a client
Timelines depend on you as much as on us. You agree to:
- Provide Client Materials, approvals, and feedback within the timeframes set in your proposal.
- Give us the access we need to platforms, domains, and accounts in scope.
- Confirm that Client Materials are accurate and that you own or are licensed to use them.
- Comply with the laws that apply to your business and industry, including advertising, licensing, and disclosure rules.
- Designate one point of contact with authority to approve work.
Delays caused by missing materials, access, or approvals may shift the schedule and, where a project stalls for an extended period, may require re-scoping at then-current rates.
Fees, invoices, and payment
Fees are set in your proposal or subscription. Unless stated otherwise, invoices are due on receipt, project work requires a deposit before it begins, and all amounts are in U.S. dollars and exclusive of applicable taxes.
Overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Florida law. If an invoice goes unpaid past the grace period in your agreement, we may pause work, suspend hosting or platform access, and withhold Deliverables until the balance is settled. You are responsible for reasonable collection and attorneys' fees on amounts properly owed.
Chargebacks initiated without first raising the issue with us are a breach of these terms.
Subscriptions and renewals
Retainers, hosting, maintenance, software licenses, and managed platform plans bill on a recurring basis and renew automatically for successive terms until cancelled. By starting a subscription you authorize us to charge your payment method on each renewal date.
To cancel, give written notice at least [30] days before the next renewal date, by email to [support@excellence-digital.com]. Cancellation takes effect at the end of the current paid term. Fees already billed are not prorated.
When a subscription ends, so does the service attached to it: hosting, monitoring, platform seats, campaign management, and support all stop. We will help you export your data and migrate for a reasonable period after termination, at our then-current hourly rate unless your agreement says otherwise.
Refunds
Because our work is custom and labor is spent as it is performed, fees for completed work, elapsed subscription periods, third-party license costs, and advertising spend are non-refundable. Deposits secure your place in our production schedule and are non-refundable once work has started.
If you believe something was billed in error, contact us within 15 days of the invoice date and we will review it in good faith.
Third-party platforms
Many Deliverables run on software we do not own or control. Your use of those platforms is governed by their own terms and privacy policies, and you agree to comply with them.
We are not responsible for a Third-Party Platform's availability, performance, pricing changes, feature removals, data loss, account suspensions, or security incidents. If a platform changes in a way that affects your build, the work required to adapt is a new scope item.
Where we resell or administer a platform on your behalf, we pass through the vendor's terms. We can advocate on your behalf with a vendor, but we cannot guarantee an outcome we do not control.
Marketing compliance
If we build or manage email, SMS, voice, or advertising campaigns for you, you remain the sender of record and the party responsible for compliance with applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Florida's telemarketing statutes, carrier registration requirements such as A2P 10DLC, and the policies of any advertising platform.
You represent and warrant that:
- Every contact we message on your behalf has given you the consent the law requires for that channel.
- Your contact lists were collected lawfully and are not purchased, scraped, or rented.
- You will honor opt-outs and unsubscribe requests promptly.
- Your offers, claims, and disclosures are truthful and substantiated.
We may refuse or stop any campaign we believe violates law, carrier rules, or platform policy. We are not your compliance counsel — consult your own attorney about your obligations.
No guarantee of results
Search rankings, ad performance, lead volume, conversion rates, and revenue depend on factors outside our control, including competition, seasonality, your pricing and sales follow-up, algorithm changes, and platform policy. Nothing on the Site, in a proposal, or in a conversation is a promise of a specific outcome, and any examples, case studies, or past results are illustrative rather than predictive.
Intellectual property
What stays ours
The Site, our brand, and everything we bring to an engagement that pre-exists it or is reusable across clients — frameworks, templates, snapshots, automation blueprints, code libraries, processes, and know-how — remains our property. Where a Deliverable includes those elements, you receive a perpetual, non-exclusive, non-transferable license to use them as part of that Deliverable for your own business.
What becomes yours
On full payment of all amounts owed, we assign to you the custom Deliverables created specifically for you under your agreement. Before full payment, all rights are reserved and any use of Deliverables is unlicensed.
Third-party components
Deliverables may include themes, plugins, fonts, stock media, and open-source components licensed from others. Those carry their own terms and are licensed, not assigned, to you. Ongoing license fees are yours to maintain.
Your content and our license to it
You keep ownership of Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display them for the purpose of performing the Services.
You are responsible for the legality of what you give us. Do not send us material you do not have the right to use.
Portfolio and reference rights
Unless you tell us in writing not to, we may identify you as a client and display non-confidential Deliverables — screenshots, links, and campaign summaries — in our portfolio, case studies, proposals, and marketing. We will not disclose your confidential business data in doing so.
Acceptable use
When using the Site or the Services, you agree not to:
- Break any applicable law or regulation, or help someone else do so.
- Infringe anyone's intellectual property, privacy, or publicity rights.
- Upload malware, attempt to gain unauthorized access, or probe, scan, or test the security of our systems.
- Scrape, harvest, or bulk-download Site content without written permission.
- Interfere with the operation of the Site or any Deliverable we host.
- Resell, sublicense, or white-label our Services without a written reseller or affiliate agreement.
- Use the Services to send unsolicited messages or to promote deceptive, defamatory, harassing, or unlawful offerings.
- Reverse engineer our systems or use them to build a competing product.
We may suspend or terminate access for conduct that violates this section.
Confidentiality
Each party may receive non-public information from the other. Both agree to protect it with at least reasonable care, use it only for the engagement, and not disclose it to third parties except to employees, contractors, and vendors who need it and are bound by similar obligations. This does not cover information that is public, already known, independently developed, or required to be disclosed by law.
Privacy and data
Our handling of personal information is described in our Privacy Policy, which is incorporated into these terms by reference.
Where we process personal data on your behalf — contacts in a CRM, subscribers in a list, form submissions — you are the controller of that data and we act on your instructions. You are responsible for having a lawful basis to collect it and for the notices and consents your customers receive. If your business is subject to specific data rules (for example, health, financial, or children's data), tell us before the engagement begins so we can scope appropriately or decline.
You are responsible for maintaining your own backups of business-critical data unless a backup service is expressly included in your plan.
Links to other sites
The Site may link to third-party websites and resources. We provide those links for convenience, do not endorse or control what is on them, and are not responsible for their content, products, or practices.
Disclaimer of warranties
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
Limitation of liability
Indemnification
You agree to defend, indemnify, and hold harmless Excellence Digital and its owners, employees, and contractors from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from your Client Materials, your use of the Services, your marketing campaigns and the consent behind them, your breach of these terms, or your violation of any law or third-party right.
Term and termination
These terms apply while you use the Site or the Services. Either party may terminate an engagement as set out in the applicable agreement. We may suspend or terminate access immediately for non-payment, breach of the acceptable use section, or conduct that exposes us or a platform partner to legal risk.
On termination: fees for work performed remain due, licenses granted to unpaid Deliverables end, and the sections that by their nature should survive — intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — survive.
Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including hurricanes and severe weather, power or internet outages, platform or vendor failures, cyberattacks, labor disruptions, government action, or public health emergencies.
Governing law and venue
These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the dispute resolution section below, the exclusive venue for any action is the state or federal courts located in Hillsborough County, Florida, and both parties consent to personal jurisdiction there.
Dispute resolution
Before filing anything, the parties agree to try to resolve the dispute informally: send written notice describing the issue and the relief sought, and allow 30 days for good-faith discussion.
If that does not resolve it, the dispute will be settled by binding arbitration administered in Hillsborough County, Florida, under the rules of the American Arbitration Association, and judgment on the award may be entered in any court with jurisdiction. Either party may still bring an individual claim in small claims court or seek injunctive relief to protect intellectual property or confidential information.
Changes to these terms
We may update these terms from time to time. The revised version takes effect when posted, and the "Last updated" date at the top will change. Material changes affecting active engagements will be communicated directly. Continuing to use the Site or the Services after an update means you accept the revised terms.
General provisions
- Entire agreement — these terms, together with any signed proposal or statement of work and our Privacy Policy, are the complete agreement between us on their subject matter.
- Severability — if a provision is found unenforceable, the rest stays in force and the provision is limited to the minimum extent necessary.
- No waiver — not enforcing a provision once does not waive the right to enforce it later.
- Assignment — you may not assign these terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Independent contractor — nothing here creates a partnership, joint venture, employment, or agency relationship.
- Subcontractors — we may use qualified subcontractors and remain responsible for the work they perform for you.
- Notices — written notice may be sent to the email addresses below or to the address on your most recent invoice.
- Headings — section titles are for convenience and do not affect interpretation.
How to reach us
Questions about these terms, or anything else, should go to the contacts below.