Terms and Conditions
Last Updated: 27th March 2025
Please read these Terms and Conditions (“Terms”) carefully before using the miamimarketer.com website (the “Service”) operated by MiamiMarketer.com, LLC (“us”, “we”, or “our”), as well as any marketing systems, funnels, automations, assets, or services we provide — whether hosted on our platform or yours.
Your access to and use of the Service, and any deliverables provided through a contract or project with us, is conditioned upon your acceptance of and compliance with these Terms. By submitting payment or engaging our services, you agree to be bound by these Terms.
Purchases
You may be asked to provide payment details including a valid credit card, billing address, and contact info. You confirm that the information you provide is accurate and that you are authorized to use the payment method.
We reserve the right to cancel any order for suspected fraud, payment failure, or misuse. All credit card payments are subject to a 3.5% processing fee.
Payments & Processing Fees
Clients are responsible for any payment processing fees, including but not limited to:
3.5% credit card processing fee for all online payments
Currency conversion or international transaction fees, if applicable
Payment gateway charges and other applicable financial service provider fees
A 5% late fee will be added for each week a payment is overdue beyond 30 days.
These fees are non-refundable and are charged in addition to the agreed-upon service or subscription fees.
Additional Fees and Third-Party Services
You are responsible for all third-party costs associated with your service, including but not limited to:
Email delivery (e.g. Mailgun)
SMS/MMS messages (e.g. Twilio)
Inbound/outbound call minutes
Advertising platforms (e.g. Facebook, Google)
Webinar or scheduling platforms
You must maintain an active card on file for these recurring charges. If charges fail, your system may be paused until your account is brought current.
Late Payments
Payments not received within 15 days will incur a $20 admin fee plus any third-party penalties. At 30 days, we reserve the right to:
Add a 5% late fee per week overdue
Suspend access to all marketing systems
Begin debt collection
Revoke access to hosted files and campaigns
Default & Non-Payment
If your account remains unpaid for over 30 days:
The account will be considered in default
Miami Marketer reserves the right to suspend or terminate service
We reserve the right to claim ownership of any created systems or campaigns
Systems may be repurposed or resold
Legal action may be taken to recover owed balances, including buyouts
Continued use of assets will be considered unauthorized
Chargebacks
Initiating a chargeback after services are rendered is a breach of these Terms. Legal action may be taken to recover full contract value, plus damages and fees. Chargebacks do not void your financial obligations.
Revenue Share Terms
If your agreement includes a revenue share component:
Revenue share is calculated monthly based on gross revenue, minus credit card transaction fees
Payment is due by the 5th business day of each month for the previous month
Failure to pay may result in account suspension and forfeiture of the system
If no earnings are generated within 6 months of go-live, either party may end the partnership with no penalties.
System Ownership & Buyout Option
All systems built by Miami Marketer remain our intellectual property unless a buyout is completed. After 12 months, clients may request a buyout priced on a 5-year revenue forecast. This includes all funnels, CRM workflows, campaigns, and proprietary strategies.
Buyout must be paid in full. Once complete, full ownership will transfer. Buyouts will not be granted to clients in default or with unresolved balances.
No Guarantees
We use proven strategies to generate leads and improve marketing results, but we cannot guarantee specific results. Success depends on numerous factors including market readiness, budget, and offer strength.
We commit to doing our best to support your growth through tested systems and ongoing optimization.
Refund Policy
Refunds are not guaranteed and are considered case-by-case. Subscriptions and retainers may be canceled with written notice. Paused or inactive accounts are not eligible for refunds.
Intellectual Property
All deliverables, designs, code, and campaigns remain property of Miami Marketer until all payments are made. After payment, you receive a non-exclusive license to use the assets. Unauthorized reuse or copying is prohibited.
Suspension of Services
We may suspend or revoke access to your CRM, marketing systems, or data due to late payments, contract breaches, or misuse. You agree not to hold us liable for any resulting losses.
Indemnification
You agree to indemnify and hold Miami Marketer harmless from any claims, losses, or liabilities arising from your use of the Service.
Limitation of Liability
We are not liable for indirect or consequential damages, including loss of revenue, business interruption, or data loss.
Mediation & Dispute Resolution
Before legal action, both parties agree to attempt resolution through mediation. Venue for disputes will be Broward County, Florida.
Modifications
We reserve the right to modify these Terms at any time. Continued use of our services indicates acceptance of the updated Terms.
Governing Law
These Terms are governed by the laws of the State of Florida.
If you have any questions about these Terms and Conditions, please contact us at hello@miamimarketer.com.
We’re the marketing automation agency that lifts the tech gorilla off your back so you can focus on the stuff you’re really good at.
15800 Pines Blvd #3088
Pembroke Pines, FL 33027
Phone: (305) 876-6606
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