Project Terms of Service
Effective Date: October 1, 2025
Advancement Communications, Inc.
d/b/a Advancement Digital (“Consultant”)
These Terms of Service apply to all offerings provided by Advancement Digital, including but not limited to the Automation Starter Bundle, Strategy Sprint, Growth System, website builds, consulting, AI and automation services, system setup, training, and digital products. By purchasing, enrolling, or engaging in any offering, the Client (“Client”) agrees to these Terms of Service.
These Terms of Service govern all work unless superseded by a signed contract and/or Statement of Work ("SOW") between Consultant and Client.
1. Scope of Services
Consultant provides professional services that may include:
- Website design and development
- AI and automation consulting and system setup
- CRM, scheduling, proposal, payment, and onboarding systems
- Strategy, planning, messaging, and customer journey mapping
- Digital marketing systems and tools
- Branding, logos, and graphic design
- SOPs and documentation
- Training, consulting, and support
Each offering may have a specific deliverable list described on the sales page, checkout page, or project-specific Statement of Work (SOW).
2. Payment Terms
Payment is required at the time of purchase unless otherwise stated in a custom SOW. Purchasing any product or service confirms acceptance of these Terms of Service. All purchases are non-refundable unless stated otherwise below.
Intake Call Deposit and Non-Refundable Consultation Fee
For website projects and other custom service engagements, a non-refundable two hundred fifty dollar ($250) deposit is required at the time of booking the initial intake call. The deposit will be applied to the total cost of the project if the Client signs a contract and moves forward with the engagement.
If the Client chooses not to move forward after the intake call, the deposit is retained by the Consultant as a paid consultation fee. The Client acknowledges that the intake call is a professional, billable service that includes review of project requirements, recommendations, scoping, and advisory support. No refunds will be issued.
Please arrive on time for your scheduled call. Sessions will begin and end at the scheduled time, and late arrivals will not extend the length of the meeting.
Clients may cancel or reschedule an intake call with at least twenty four (24) hours notice. If the Client cancels or reschedules with less than twenty four (24) hours notice, or if the Client does not attend the meeting, the deposit is forfeited and will not be applied to any future project. A new deposit will be required to rebook.
72-Hour Cancellation Window for Large Projects
For consulting services, strategy sessions, website builds, the Strategy Sprint, the Growth System, or any project that includes implementation work or scheduled time, the Client may cancel within seventy two (72) hours of purchase for a full refund provided no work has begun and no sessions have been scheduled or delivered. After seventy two (72) hours, or once work has begun, all fees are non-refundable.
Consultant-Initiated Cancellation
Consultant reserves the right to cancel an engagement at any time if the project is not a good fit, if Client behavior or communication interferes with the successful completion of work, if Client fails to meet obligations, or for any other reason determined at Consultant’s discretion.
If Consultant initiates cancellation, Consultant will provide a pro-rated refund based on work completed as of the cancellation date. Consultant has sole discretion in determining the appropriate refund amount and calculation methodology.
Digital Products and Toolkits
Digital products, downloadable materials, GPT access, templates, and training materials are non-refundable due to immediate delivery of intellectual property.
Payment Plans
If a payment plan is offered, the Client must complete all installments must be completed. Consultant may pause work, access, or support for non-payment.
Payment Failures and Insufficient Funds
If any credit card payment, ACH payment, or other form of electronic payment is declined, reversed, returned for insufficient funds, or otherwise fails, the Client remains responsible for the full amount due. Consultant may pause all work, access, or support until payment is successfully processed. Consultant may charge a reasonable administrative fee for failed transactions or bank returns. If payment is not resolved within seven (7) days, Consultant may terminate the engagement at its discretion. Any resumed work may require a new schedule, updated pricing, or a reinstatement fee.
3. Third Party Licenses and Accounts
Consultant may recommend or require specific third-party tools as part of the project.
Client is responsible for purchasing or granting Consultant access to all third-party tools required for project work, including but not limited to:
- Domain registration and hosting
- CRM systems
- Scheduling and calendar tools
- Project management platforms
- Google Workspace
- Email marketing and SMS tools
- Privacy, cookie, and accessibility tools
- Stock photos, video, or licensed creative assets
Client must comply with each third-party provider’s Terms of Service and Privacy Policy.
Consultant is not responsible for third-party pricing changes, outages, breaches, feature changes, or performance.
These third-party tools are selected because they support the systems Consultant builds, have been tested for reliability, and allow Consultant to deliver consistent results. Consultant may receive small partnership commissions or affiliate compensation from certain providers at no additional cost to the Client. The Client acknowledges that alternative tools may not be compatible with the systems Consultant implements and that using non-approved tools may limit Consultant’s ability to perform work or deliver expected outcomes.
4. Deliverables and Ownership
Upon full payment for each offering or SOW:
Client Ownership
Client owns the final deliverables including plans, strategies, native design files, website content, written materials, and other assets developed specifically for the Client.
Consultant Retained Rights
Consultant retains the right to use general skills, knowledge, concepts, methods, workflows, strategic frameworks, or techniques developed during the engagement for other clients, internal training, future engagements, templates, publications, and educational materials. Consultant may also retain non-confidential samples of creative work for portfolio use unless the Client requests exclusion in writing.
Use of AI Tools
The Client acknowledges that Consultant may use artificial intelligence tools or machine learning systems to create or support Deliverables. Consultant represents that such use will not knowingly violate third-party intellectual property rights and that final Deliverables will be original or properly licensed. Client acknowledges that AI-generated components may not be entirely unique.
Use of Shared or AI-Generated Elements
Client acknowledges that some non-custom elements such as icons, templates, or AI-assisted outputs may be derived from tools available to other users and are not guaranteed to be unique. Consultant will not knowingly use infringing material and will ensure all licenses are valid for commercial use.
Website Hosting and Transfer
Websites built on Consultant’s branded agency platform remain hosted on that platform unless transferred. If Consultant cannot continue service, Consultant will either:
- Transfer the site to a recommended provider at current provider pricing, or
- Export a .zip archive of content. Compatibility outside the platform cannot be guaranteed.
For third-party platforms such as Hubspot, Givebutter, or Google Workspace, all work occurs in Client-owned accounts.
5. Branding, Logos, and Intellectual Property
If Consultant creates logos, brand elements, or other creative assets:
- Ownership transfers to Client upon full payment.
- Consultant does not guarantee trademark availability or non-infringement.
- Client is responsible for trademark searches, registration, and legal compliance.
- Consultant may offer referrals to trademark professionals.
6. Marketing Use
Client grants Consultant permission to reference the project in Consultant’s marketing materials, portfolio, and case studies. No confidential information will be shared. Client may opt-out by submitting a written request.
7. Confidentiality
Both parties agree to protect confidential information shared during the engagement.
Client agrees not to share Consultant’s internal methods, pricing, templates, proprietary processes, or non-public materials.
Consultant agrees not to share Client’s internal data, documents, lists, credentials, or sensitive information, except as required to perform work.
8. Compliance and Legal Responsibility
Client is solely responsible for complying with all laws and regulations relevant to their industry and operations, including but not limited to:
- FTC advertising and disclosures
- Website privacy laws (GDPR, CCPA, HIPAA where applicable)
- Accessibility standards (WCAG)
- Email and SMS marketing compliance
- Data protection and consent requirements
- Industry-specific regulations (for example, legal, financial, or medical fields)
Consultant may offer suggestions but does not guarantee compliance.
Client agrees to release and hold Consultant harmless for any liability for compliance-related issues.
9. AI Tools, Automations, and Limitations
Consultant may develop AI-based tools, prompts, GPTs, or automations that support Client communications and workflows.
Client acknowledges that:
- AI outputs must be reviewed by a human before use.
- AI platforms may change features, performance, or policies without notice.
- Consultant cannot guarantee long-term behavior of third-party AI tools.
- Client remains responsible for compliance in regulated industries.
- Automations must be monitored to ensure proper functioning.
10. Changes and Additional Work
Changes to scope or deliverables require written approval via a signed Change Order and may incur additional fees. Additional work can be added through a new SOW or written amendment.
11. Independent Contractor Status
Consultant is an independent contractor. Nothing in these Terms creates an employment relationship, joint venture, or partnership. Consultant is responsible for their own taxes, insurance, and business obligations.
13. Limitation of Liability
Except for breaches of confidentiality or indemnification obligations, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. Consultant’s liability for direct damages is limited to the amount paid by Client under the applicable SOW.
14. Indemnification and Release
Client agrees to indemnify and hold Consultant harmless from claims arising out of:
A. Client’s breach of this Agreement
B. Client’s use or modification of deliverables
C. Intellectual property violations tied to Client-provided or approved content
D. Actions or omissions by Client that result in penalties or legal action
E. Client’s non-compliance with laws or regulations
F. Client’s failure to achieve or maintain compliance with privacy or accessibility standards
15. No Guarantees
Consultant does not guarantee specific financial results, outcomes, or performance metrics. Marketing and operational effectiveness depend on factors outside Consultant’s control including Client’s audience, product, pricing, sales process, messaging, and execution.
16. Force Majeure
Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, acts of war, labor strikes, system outages, or third-party platform failures.
17. Non-Solicitation
Client agrees not to solicit or hire Consultant’s employees or contractors for a period of twenty four (24) months following completion of the engagement unless prohibited by applicable law.
18. Client Delays
If Client does not provide necessary approvals, materials, or access within required timeframes, Consultant may adjust delivery dates. Client delays do not alter payment obligations or extend timelines unless agreed in writing.
15. Arbitration
Any dispute arising under these Terms will be resolved through binding arbitration in Ulster County, New York, before the American Arbitration Association.
16. Governing Law
These Terms are governed by the laws of the State of New York.
17. Entire Agreement
These Terms of Service represent the complete agreement between Client and Consultant unless superseded by a signed contract or SOW.
18. Acceptance
By purchasing or using any products or services from Advancement Digital, Client acknowledges and agrees to these Terms of Service.