Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the miamimarketer.com website (the “Service”) operated by MiamiMarketer.com, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access, use, or hire us to provide any Service.

By submitting payment or using the Service, you agree to be bound by these Terms.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Please note that all payments made with a credit card are subject to a 3.5% transaction fee.

Additional Fees and Services

Additional services such as email, SMS, inbound calling minutes, outbound calling minutes, premium CRM features, and more may incur additional fees. Pricing for these services is included and can be viewed in the CRM settings area. A credit or debit card needs to be on file to cover these fees. In the event the CRM cannot charge the card, it will attempt to charge the card three times. If the charge fails on the third attempt, the CRM will be paused until the balance is brought back in good standing. A minimum recharge of $50 will be required, and if the recharge balance reaches $10, an additional $50 will be charged for the recharge.

Late Payments

Accounts which are not paid within 15 days will incur a late administration fee of $20 + applicable third-party fees. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.

An account or project shall be considered in default if it remains unpaid for 30 days from the date of invoice or has stated expressly that they do not intend to pay unless prior arrangements have been made. We shall at our sole discretion suspend any and all services provided to the client by us or our subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, third-party software, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers, and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions, will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

The client whose account is in default agrees to pay reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions. We retain all copyright for work performed until full project costs have been paid. We reserve the right to reuse or resell work undertaken in the case of payment default.

We accept no liability or responsibility for loss of income or damage to the client for work removed from third-party servers as a result of non-payment and the client will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions and Retainers

We offer both subscription services and retainer services. Subscriptions are billed on a recurring basis and include regular access to our services as specified in the subscription plan. Retainer services include the setup of new campaigns, ongoing management, and optimizations. Both subscriptions and retainers are subject to the terms outlined below.

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MiamiMarketer.com, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting MiamiMarketer.com, LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide MiamiMarketer.com, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MiamiMarketer.com, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, MiamiMarketer.com, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

MiamiMarketer.com, LLC, in its sole discretion and at any time, may modify the Subscription fees or retainer fees. Any fee change will become effective at the end of the then-current Billing Cycle.

MiamiMarketer.com, LLC will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your Subscription or retainer before such change becomes effective.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

Refunds

Certain refund requests for Subscriptions or retainers may be considered by MiamiMarketer.com, LLC on a case-by-case basis and granted at the sole discretion of MiamiMarketer.com, LLC.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of MiamiMarketer.com, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MiamiMarketer.com, LLC.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by MiamiMarketer.com, LLC.

MiamiMarketer.com, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that MiamiMarketer.com, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

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

Indemnification

You agree to defend, indemnify, and hold harmless MiamiMarketer.com, LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall MiamiMarketer.com, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MiamiMarketer.com, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Mediation

The Parties acknowledge that reaching an amicable resolution when there is a dispute is in their mutual benefit. To that end, the Parties agree to use their best efforts to resolve all differences of opinion and to settle all disputes through cooperation and consultation. Upon notification of any dispute, alleged breach, interpretation, challenge or disagreement (collectively “Dispute”) whatsoever arising out of this Agreement (or any other agreement to the extent incorporated herein by reference) that the Parties are unable to settle within sixty (60) days, as set forth directly above, an attempt to resolve such dispute shall be made by initial recourse to pre-suit mediation before the institution of any legal action.

Damages

This Agreement contains sections above that strictly stipulate the terms and prohibitions placed upon Non-Solicitation, Non-Competition, Confidential Information, and Violations of this Agreement. In the event that any Party violates the terms of those sections or is in Violation of this Agreement the violating Party(ies) shall be liable to the other Party(ies) for the monetary value of any loss, lost profits, expense (legal or otherwise) or damage, express or implied, sustained by the other as a result thereof, and punitive damages if warranted. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

Waiver, Modification, or Amendment

This Agreement may be modified or amended by the consultant without requiring approval from the client.

Applicable Law and Venue

This Agreement shall be construed and controlled by the laws of the State of Florida without regard to any of its principles of conflicts of laws. Venue for any proceedings to enforce this Agreement shall be in the state or federal court situated in Miami-Dade County, Florida, and each party hereby consents to the exclusive personal jurisdiction of such courts.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us.