These Terms of Service (“Terms”) govern your use of markandalyssabefound.com and the general terms applicable to services provided by Mark + Alyssa Be Found. Specific client projects may also be governed by a proposal, service agreement, statement of work, invoice, or other written agreement. If there is a conflict between these Terms and a signed client agreement, the client agreement will generally control for that project.
1. About Us
Mark + Alyssa Be Found provides digital systems designed to help businesses capture, manage, follow up with, and convert enquiries. Services may include conversion-focused websites, CRM setup and management, lead capture systems, booking calendars, email and SMS automation, appointment reminders, no-show recovery systems, foundational SEO, Google Business Profile setup or optimisation, lead reactivation systems, review request automation, reporting systems, and ongoing system management and support.
Contact: [email protected]
2. Website Use
You may use our website only for lawful purposes. You must not attempt to gain unauthorised access to our website or systems, interfere with operation or security, introduce malware or harmful code, scrape or reproduce substantial portions of the website without permission, use the website for fraudulent or abusive purposes, or misrepresent your identity or relationship with another person or business.
We may restrict access where necessary to protect our systems, business, or users.
3. Information on This Website
The information on this website is provided for general informational and marketing purposes. We make reasonable efforts to keep information accurate, but we do not guarantee that all information will always be complete, current, or error-free.
Nothing on this website constitutes legal, financial, accounting, tax, or other regulated professional advice.
4. Discovery Calls
Discovery calls are intended to help us understand your business, current systems, and potential areas where leads may be lost.
A discovery call does not create a client relationship by itself, guarantee that we will accept a project, guarantee any particular outcome, or constitute a binding proposal unless expressly stated.
5. Proposals and Project Scope
The exact scope of a client project will be described in the applicable proposal, service agreement, statement of work, invoice, order form, or other written project documentation.
Only services specifically included in the agreed scope are included in the project fee. Work requested outside the agreed scope may require an additional fee, a revised timeline, or a separate proposal or approval.
6. Client Responsibilities
Clients are responsible for providing information, materials, feedback, approvals, and access reasonably required for us to complete the work, including brand assets, business information, pricing, images, website copy, domain or DNS access, CRM access, Google account access, social account access, email or calendar access, payment platform access, and other software credentials where applicable.
Clients are responsible for ensuring that information and materials supplied to us are accurate and that they have the right to use them. Delays in providing required information, approvals, or access may delay the project.
7. Fees and Payment
Project pricing will be stated in the applicable proposal, agreement, or invoice. Payment schedules, deposits, instalments, recurring fees, and due dates will be confirmed for each project.
8. Recurring Services
Some services may involve recurring monthly fees, including system management, CRM access, automation management, reporting, support, or related ongoing services. The applicable recurring fee, included services, billing cycle, and cancellation conditions will be stated in the client’s agreement or proposal.
9. Refunds and Cancellation
Refund eligibility and cancellation terms depend on the applicable service and stage of the project. Any project-specific refund, deposit, or cancellation terms will be stated in the applicable proposal or client agreement.
10. Project Timelines
Any timeline provided is an estimate unless expressly stated otherwise in writing. Timelines may be affected by client response times, delayed approvals, missing content, missing credentials, scope changes, third-party platform issues, domain or DNS delays, software outages, or technical issues outside our reasonable control.
11. Revisions and Change Requests
The number of revisions included in a project, if limited, will be specified in the proposal or client agreement. Requests that materially change the original scope may be treated as additional work and may require additional fees, additional time, or a revised proposal.
12. Third-Party Software and Platforms
Our systems may depend on third-party platforms and services relating to CRM, website hosting, domains, DNS, email, SMS, calendars, analytics, Google services, payment processing, integrations, and automation.
These services are operated by third parties and may change their features, pricing, policies, terms, API access, availability, deliverability rules, or account requirements. We do not control third-party platforms and are not responsible for outages, service interruptions, policy changes, suspensions, pricing changes, discontinued features, delivery failures, or other third-party actions outside our reasonable control.
13. Email and SMS Delivery
Email and SMS delivery depends on external providers, recipient devices, carriers, spam filtering, reputation systems, consent requirements, and other factors outside our direct control. We cannot guarantee that every message will be delivered, reach the primary inbox, avoid spam filtering, be received immediately, be read, or receive a response.
Clients remain responsible for using messaging systems in accordance with applicable laws and obtaining legally required consent from recipients.
14. CRM and Automation
Automations are designed based on agreed business rules and workflows. Clients are responsible for reviewing and approving important automation logic before launch.
Although we test systems before deployment, software can behave unexpectedly and third-party integrations can fail. Clients should notify us promptly if they become aware of an error, broken workflow, incorrect automation, or integration problem.
15. SEO and Google Business Profile Disclaimer
Foundational SEO and Google Business Profile services are intended to improve technical setup, structure, and local search foundations. We do not guarantee specific search rankings, first-page rankings, increased traffic, Google map placement, or search visibility within a particular timeframe.
16. Leads, Appointments, Sales and Revenue Disclaimer
Our systems are designed to improve the process through which enquiries are captured, followed up with, booked, and managed. However, we do not guarantee any specific number of website visitors, leads, enquiries, appointments, customers, sales, revenue, conversion rate, or return on investment.
Business results depend on many factors outside our control, including market demand, pricing, offer quality, competition, reputation, sales ability, customer service, advertising, lead quality, business operations, and economic conditions. Previous client experiences or testimonials are not guarantees of future results.
17. Client Compliance Responsibilities
Clients are responsible for ensuring that their business and use of any system we build complies with applicable laws and regulations, including privacy, data protection, email marketing, SMS marketing, advertising, consumer protection, industry-specific regulations, customer consent, and record keeping.
Unless expressly agreed otherwise, we do not provide legal compliance advice.
18. Intellectual Property
Unless otherwise stated in a client agreement, materials owned by Mark + Alyssa Be Found before a project remain our property. This may include internal systems, processes, frameworks, templates, code libraries, automation methods, development techniques, and know-how.
Ownership of final client-specific deliverables will be governed by the applicable client agreement. Third-party software, fonts, plugins, stock assets, licensed materials, and platform components remain subject to their respective licences.
19. Client Materials
Clients retain ownership of materials they provide to us. By providing those materials, the client confirms that they have the right to use them and grants us permission to use them as necessary to complete the project.
20. Portfolio and Marketing Use
Unless otherwise agreed in writing, we may display completed public-facing work in our portfolio, website, social media, presentations, and marketing materials. This may include screenshots, project descriptions, business names, and publicly available branding.
Sensitive customer information, CRM data, private business records, or confidential information will not be intentionally disclosed for portfolio purposes. If you require a project to remain confidential, this should be agreed in writing.
21. Confidentiality
Each party may receive confidential information while working together. We will take reasonable steps to protect confidential information and will not intentionally disclose it except where necessary to provide the services, authorised by the client, required by law, or shared with a service provider that reasonably needs the information to perform its role.
22. Service Availability
We aim to provide reliable systems and services, but no website, CRM, automation, email system, SMS system, hosting environment, integration, or third-party platform can be guaranteed to operate without interruption. We do not guarantee uninterrupted or error-free operation.
23. Backups and Business Continuity
Where appropriate, we may use backup or recovery features provided by the platforms we work with. Clients should maintain appropriate copies of important business information and records. We are not responsible for losses caused by failures of third-party backup systems beyond our reasonable control.
24. Limitation of Liability
To the maximum extent permitted by applicable law, Mark + Alyssa Be Found will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the website or services. This may include loss of revenue, profit, leads, customers, business opportunities, data, reputation, or expected savings.
Nothing in these Terms excludes liability that cannot legally be excluded.
25. Indemnification
To the extent permitted by applicable law, you agree to be responsible for claims, losses, or expenses arising from materials you provide without appropriate rights, your unlawful use of our services, your violation of these Terms, your failure to obtain legally required customer permissions or consents, or your violation of applicable laws.
26. Termination
We may suspend or terminate services where reasonably necessary, including where payments remain overdue, a client materially breaches an agreement, a client uses our services unlawfully, or continuing the relationship would create a serious security, legal, or operational risk.
Project-specific termination rights will be governed by the applicable client agreement.
27. Force Majeure
We are not responsible for delays or failures caused by events outside our reasonable control, including internet outages, hosting failures, telecommunications failures, natural disasters, government actions, labour disruptions, cyberattacks, third-party platform outages, or major infrastructure failures.
28. Governing Law
These Terms are governed by the laws of [TO CONFIRM — insert your actual state/province/country or jurisdiction] .
Any disputes will be handled in accordance with the dispute-resolution terms contained in any applicable client agreement and the laws of the relevant jurisdiction.
29. Changes to These Terms
We may update these Terms from time to time. The current version will be published on this page with the updated date shown above. Continued use of the website after changes become effective constitutes acceptance of the revised Terms where permitted by law.
30. Contact Us
Mark + Alyssa Be Found
Email: [email protected]
Website: markandalyssabefound.com
Business Address: [TO CONFIRM]