Terms of Service

These Terms of Service ("Terms") govern your access to, usage of all content, Products and Services available from David Powell Consulting, LLC ("us", "we", or "our").

Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

1. Services and Payment

Scope of Services: We agree to provide digital marketing services as described in a separate Statement of Work (SOW) or service agreement, which will detail project timelines, deliverables, and specific duties.

Payment Terms: Client agrees to pay for services as outlined in the SOW. Payments for monthly retainer services are due in advance of the service period. Failure to make timely payments may result in suspension or termination of services.

2. Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with David Powell Consulting, LLC and its licensors. Any campaign materials, strategies, or creative content developed by us remain our intellectual property. Client-provided materials remain the property of the Client.

3. Client Responsibilities

The Client agrees to provide all necessary access to information, data, and personnel required for us to perform the services. This may include access to website backends, ad accounts, and analytics platforms. The Client is responsible for the accuracy and legality of all provided materials.

4. Termination

Either party may terminate the agreement with 30 days written notice. We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, effective immediately, particularly in cases of non-payment or breach of these terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Disclaimer of Warranties

Our Services are provided "AS IS" and "AS AVAILABLE". David Powell Consulting, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any specific results, search engine rankings, or return on investment from our services.

You understand that you obtain content or services through our Services at your own discretion and risk.

6. Limitation of Liability

In no event will David Powell Consulting, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data.

7. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A.

8. Changes

David Powell Consulting, LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide at least 30 days' notice prior to any new terms taking effect.