Terms of Service

MaD Avenue provides custom website design and development, branding, and digital advertising management (including Facebook Ads and Google Ads), as described in our service tiers (Starter, Growth, Agency) or a custom proposal. Specific deliverables, timelines, and pricing are documented in a signed Service Agreement and/or SOW provided upon commencement.

The services outlined in a client's selected tier define the scope of that engagement. Services not explicitly listed in the signed Agreement or SOW are considered out of scope and require a written change order, which may incur additional fees.

Revision Policy: Each project phase includes up to two (2) consolidated rounds of revisions at no additional charge. Revision requests must be submitted together as a single compiled list per round; individual or piecemeal requests across multiple emails or messages count collectively toward the two included rounds. Additional revision rounds are billed at $100/hour. All revision requests must be submitted in writing via email.

Work begins within five (5) business days of receipt of a signed Agreement and setup fee payment in full. Estimated completion timelines are provided in the SOW. Delays caused by the client, including late content delivery, delayed approvals, or unresponsiveness, may extend timelines and do not constitute a breach by MaD Avenue.

To ensure timely and accurate delivery, clients agree to:

• Provide all required content (text, images, logos, videos, brand assets, platform login credentials) within seven (7) business days of written request
• Designate a single authorized point of contact for decisions and approvals
• Review and respond to approval requests within five (5) business days
• Ensure all content and materials provided do not infringe any third-party intellectual property, trademark, or copyright rights
• Maintain adequate funds in all advertising accounts and pay all third-party platform fees (domain renewals, app store fees, advertising spend) directly
• Promptly notify MaD Avenue in writing of changes to business information, branding direction, contacts, or project scope

• One-time setup fees are due in full prior to commencement of any work
• Monthly service fees are due on the 1st of each calendar month
• Payment is accepted via ACH bank transfer, credit card, or debit card
• Invoices unpaid after ten (10) days from the due date incur a one-time late fee equal to 10% of the outstanding balance, up to a maximum of $25.00 per invoice, or the maximum permitted by law, whichever is less
• Accounts unpaid for thirty (30) or more days may be suspended until brought current, without liability to MaD Avenue for resulting business interruption. Reactivation requires payment in full plus a $75.00 reconnection fee
• MaD Avenue relies on third-party internet infrastructure, telecommunications networks, and hardware it does not own or control, and is not responsible for service interruptions, latency, or data loss resulting from failures of that infrastructure or force majeure events beyond its reasonable control
• Advertising budget (Google Ads, Meta Ads, TikTok Ads, etc.) is entirely separate from and in addition to fees under this Agreement, and is the client's sole financial responsibility. MaD Avenue does not hold, advance, or manage client advertising funds

Primary communication occurs via email. Strategy calls are conducted via video conference or phone, scheduled per the client's tier. MaD Avenue responds to client communications within one (1) business day (Agency tier: within 24 hours). Requests submitted through unofficial channels (social media DMs, text messages) are not binding until confirmed in writing via email.

Upon receipt of full payment for all outstanding balances, the client owns all final deliverables specifically created for them under a signed Agreement, including custom website design, original written content, and custom graphics. MaD Avenue retains ownership of all underlying frameworks, code libraries, templates, proprietary processes, and any pre-existing intellectual property used in creating those deliverables, and retains the right to display and promote completed work in its portfolio and marketing materials (see Section 11).

Clients represent and warrant that all materials they provide (logos, images, written content, brand assets) are either owned by the client or the client has full legal right to use them, and agree to indemnify, defend, and hold MaD Avenue harmless from any third-party claims arising from client-provided materials.

MaD Avenue provides managed hosting through third-party cloud infrastructure. Clients acknowledge and agree:

• MaD Avenue does not operate its own physical servers or internet backbone; all websites are hosted on third-party cloud platforms, and MaD Avenue acts as an agent for management only
• MaD Avenue makes no guarantee of continuous uptime, availability, speed, or performance; downtime may occur due to hosting provider maintenance, DDoS attacks, internet infrastructure failures, domain registrar issues, DNS propagation delays, or force majeure events
• MaD Avenue will make commercially reasonable efforts to monitor hosting status and communicate with the provider during an outage, but cannot guarantee restoration timelines. A client's sole remedy for service interruption is termination of the Agreement; no credits, refunds, or damages are issued for downtime
• Hosting provider terms, pricing, and capabilities are subject to change at the provider's discretion; MaD Avenue will provide reasonable advance notice of material changes affecting a client's site
• MaD Avenue is not responsible for changes, outages, policy updates, account actions, or pricing changes made by third-party platforms (Google, Meta, TikTok, hosting providers) outside its control

By client: Clients may cancel with thirty (30) days' written notice via email. Monthly service fees for the notice period remain due in full and are non-refundable. One-time setup fees are non-refundable once work has commenced.

By MaD Avenue: MaD Avenue may terminate immediately for cause, including non-payment, abusive or harassing conduct toward MaD Avenue staff, illegal activity, or material breach of the Agreement. No refund of fees paid is issued for termination for cause.

Auto-renewal: Agreements automatically renew on a month-to-month basis following initial project delivery unless either party provides thirty (30) days' written notice of non-renewal.

Asset transfer upon termination: Once all outstanding balances are confirmed paid, MaD Avenue provides the client with original content files, website access credentials, and other client-owned digital assets within fifteen (15) business days. Hosting is discontinued at the end of the final billed period. MaD Avenue retains the right to showcase completed work in its portfolio and marketing materials unless otherwise agreed in writing.

Both parties agree to maintain the confidentiality of all non-public information disclosed during the engagement, including business strategies, pricing, customer data, technical processes, campaign performance data, and proprietary systems. Neither party will disclose Confidential Information to a third party without prior written consent, except as required by law. This obligation survives termination for two (2) years.

Clients grant MaD Avenue a perpetual, non-exclusive, royalty-free license to use their business name, logo, trademarks, website screenshots, photographs, testimonials, and other identifying information for MaD Avenue's own marketing, advertising, and promotional purposes, including portfolio displays, case studies, social media, website galleries, pitch decks, and promotional content, at no additional cost to the client.

Clients may request in writing the removal of specific materials from active marketing campaigns or MaD Avenue-controlled platforms. MaD Avenue will make commercially reasonable efforts to comply within thirty (30) days, but is not obligated to remove materials from historical archives or backups, printed materials already in circulation, third-party platforms outside MaD Avenue's control, or materials incorporated into composite works where removal is technically impractical. This Section survives termination for ten (10) years.

MaD Avenue makes no guarantee of specific marketing results, including but not limited to website traffic, search rankings, lead generation, sales conversions, social media growth, or advertising return on investment. Digital marketing outcomes vary based on market conditions, advertising budget, competition, platform algorithm changes, and other factors outside MaD Avenue's control.

Our services are provided "as is" without warranties of any kind, express or implied, except as explicitly stated in a signed Agreement.

To the maximum extent permitted by applicable law, MaD Avenue's total liability for any claim arising under an engagement shall not exceed the total fees paid by the client to MaD Avenue in the three (3) calendar months immediately preceding the claim. MaD Avenue is not liable for indirect, incidental, special, consequential, or punitive damages of any kind, including damages arising from website downtime, hosting outages, third-party platform changes or suspensions, or loss of data. Clients assume all risk associated with the use of third-party hosting, advertising, and software platforms.

Clients agree to indemnify, hold harmless, and defend MaD Avenue from any claims, damages, or expenses arising from their use of our services, their business content, or their violation of these Terms or applicable law.

In the event of a dispute, both parties agree to first attempt resolution through good-faith written negotiation. If unresolved after thirty (30) days, the parties agree to submit to non-binding mediation before pursuing litigation. This Agreement is governed by the laws of the State of South Carolina, without regard to conflict of law provisions. Any legal action shall be filed exclusively in the courts of Lexington County, South Carolina.

• Entire Agreement: These Terms, together with any executed Service Agreement or SOW, constitute the entire agreement and supersede all prior oral or written discussions
• Amendments: Any modification must be made in writing and signed by authorized representatives of both parties
• Severability: If any provision is determined unenforceable or invalid, the remaining provisions continue in full force and effect
• No Waiver: Failure to enforce any provision does not constitute a waiver of that right in the future
• Independent Contractor: MaD Avenue is an independent contractor; nothing in these Terms creates an employment, partnership, joint venture, or agency relationship
• Force Majeure: Neither party is liable for delays or failures resulting from circumstances beyond reasonable control, including acts of God, natural disasters, government actions, internet outages, power failures, cyber-attacks, or third-party service provider failures

We may update these Terms from time to time. The Effective Date above reflects the most recent revision. Continued use of our services after changes constitutes acceptance of the updated Terms.

MaD Avenue LLC
Ashland Business Centre
2821 Ashland Road, Suite G-1
Columbia, SC 29210
Email: getmad@madavenue.net
Phone: (803) 470-4072