Terms of Service

Last Updated: April 2026

Welcome to Charm Digital Marketing. By accessing this website (https://charmdigitalmarketing.com/) or by accepting a professional service proposal from us, you agree to be bound by these Terms of Service.


1. Website Use License

Permission is granted to temporarily download one copy of the materials on Charm Digital Marketing’s website for personal, non-commercial, and transitory viewing only. Under this license, you may not:

  • Modify or copy the materials.
  • Use the materials for any commercial purpose or public display.
  • Attempt to reverse engineer any software on the website.
  • Remove any copyright or proprietary notations.


2. Professional Services & Scope

When you "Accept" a proposal from Charm Digital Marketing, the specific services, deliverables, and costs outlined in that proposal become a binding part of this agreement. Any work requested outside of that specific scope will be billed at our standard hourly rate or quoted as a separate project.


3. Intellectual Property (IP) Ownership

  • Client Deliverables: Upon receipt of full and final payment, the Client owns the final deliverables created specifically for them (e.g., specific ad copy, custom graphics, or social media posts).
  • Agency Rights: Charm Digital Marketing retains ownership of its "Working Methods," including proprietary strategies, pre-existing templates, internal workflows, and software code used to generate the deliverables.
  • Portfolio Usage: Unless otherwise agreed in writing, Charm Digital Marketing reserves the right to feature the work performed for the Client in our professional portfolio and marketing materials.


4. Client Responsibilities & Time Protection

To ensure project success and protect our production schedule:

  • The 72-Hour Feedback Loop: The Client agrees to provide necessary feedback, approvals, or assets within 3 business days of a request. If no feedback is received, the Agency may pause the project and move it to the end of our current production queue.
  • Asset Warranty: The Client warrants that all assets provided (logos, photos, copy) are owned by the Client or used with permission. The Client agrees to indemnify Charm Digital Marketing against any legal claims arising from the use of materials provided by the Client.


5. Payment, Late Fees & "Kill Fees"

  • Payment Terms: All invoices are due upon receipt unless otherwise stated in the proposal.
  • Late Fees: Invoices unpaid after 10 days will incur a late fee of 5% per month. Charm Digital Marketing reserves the right to pause active ad campaigns or service delivery if accounts are past due.
  • Termination (Kill Fee): Either party may terminate a service agreement with 14 days' written notice. If the Client terminates a project before completion, the Client agrees to pay for all hours worked up to that date, plus a cancellation fee of 25% of the remaining project balance to compensate for reserved production time.


 5a. Hosting Services & Site Suspension

If Charm Digital Marketing provides or manages web hosting services for the Client:

  • Payment Obligation: Hosting fees are billed [Monthly/Annually] and are non-refundable.
  • Unpublishing Policy: If hosting fees or any associated service fees remain unpaid for more than 14 days past the due date, Charm Digital Marketing reserves the right to unpublish, suspend, or take the website offline without further notice.
  • Restoration Fee: If a site is suspended for non-payment, a restoration fee of $150 (plus the outstanding balance) will be required to bring the site back online.
  • Data Loss: Charm Digital Marketing is not responsible for any loss of data, SEO rankings, or business revenue resulting from a site suspension due to the Client's failure to pay hosting fees


6. Data Usage & Privacy

By using this website or our services, you acknowledge that we may collect data (name, email, browsing behavior) as outlined in our Privacy Policy. Charm Digital Marketing will not sell or rent your data to third parties.


7. Disclaimer & Limitations of Liability

All materials and services are provided "as is." While we strive for excellence, digital marketing is subject to platform algorithm changes (e.g., Google, Meta). Charm Digital Marketing makes no guarantees regarding specific lead volumes or financial returns.

  • Liability Cap: To the maximum extent permitted by law, Charm Digital Marketing's total liability for any claim shall not exceed the total amount paid by the Client to the Agency during the three (3) months preceding the claim.


8. Governing Law

Any claims related to Charm Digital Marketing shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions.