Terms of Service

1. Introduction and Acceptance

Welcome to Michael Web Services (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website, services, and any related applications or platforms (collectively, the “Services”) operated by Michael Web Services, located at 123 Market Street, Suite 456, San Francisco, CA 94105.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Services. These Terms apply to all visitors, users, and others who access or use the Services.

2. Services Description

Michael Web Services provides comprehensive digital marketing and web development services including, but not limited to:

• Search Engine Optimization (SEO) services
• Meta Ads management and social media advertising
• Custom web development and web applications
• Shopify store development and e-commerce solutions
• WordPress website design and development
• AI-driven web applications and automation workflows
• Backlink building and digital marketing campaigns
• Consulting and strategy development services

2.1 Service Availability

We strive to provide continuous service availability. However, we do not guarantee that our Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

2.2 Service Modifications

We reserve the right to modify or replace these Services at our sole discretion. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.

3. User Rights and Responsibilities

3.1 Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for any activities that occur under your account.

3.2 Acceptable Use

You agree not to use the Services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code

3.3 Content Submission

By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with providing our Services.

4. Payment Terms and Billing

4.1 Service Fees

Our service fees are outlined in your service agreement or proposal. All fees are non-refundable unless otherwise stated in writing. Payment is due according to the terms specified in your individual service agreement.

4.2 Payment Methods

We accept various payment methods including credit cards, bank transfers, and other methods as specified in your service agreement. You authorize us to charge your selected payment method for all fees owed.

4.3 Late Payments

Late payments may result in service suspension and additional fees. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their original content, features, and functionality are and will remain the exclusive property of Michael Web Services and its licensors. The Services are protected by copyright, trademark, and other laws.

5.2 Client Intellectual Property

You retain ownership of any intellectual property rights that you hold in content that you submit to us. However, by submitting content, you grant us the necessary rights to provide our Services.

5.3 Work Product

Upon full payment for our services, you will own the final deliverables created specifically for your project. However, we retain the right to use general methodologies, know-how, and experience gained from our work.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Services. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.

6.1 Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.

6.2 Data Retention

We retain your personal data only for as long as necessary to provide our Services and fulfill our legal obligations.

7. Limitation of Liability

In no event shall Michael Web Services, 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 your use of the Services.

7.1 Maximum Liability

Our total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you to us for the Services in the twelve (12) months preceding the claim.

7.2 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, terrorism, or government actions.

8. Service Level Agreement

8.1 Performance Standards

We commit to maintaining high standards of service delivery as outlined in individual service agreements. Specific performance metrics and deliverables are detailed in your project proposal.

8.2 Response Times

We strive to respond to client inquiries within 2 business hours during our standard business hours (Monday-Friday, 9:00 AM – 6:00 PM PST). Emergency support may be available based on your service level agreement.

8.3 Project Timelines

Project timelines are estimates based on scope and complexity. Actual completion times may vary based on client feedback, revisions, and external factors beyond our control.

9. Termination

9.1 Termination by You

You may terminate your account and these Terms at any time by contacting us. Upon termination, your right to use the Services will cease immediately.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

9.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be interpreted and governed by the laws of the State of California, 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.

10.2 Dispute Resolution

Any disputes arising from these Terms or our Services shall first be addressed through good faith negotiations. If resolution cannot be reached, disputes shall be resolved through binding arbitration in San Francisco, California.

10.3 Jurisdiction

You agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in San Francisco, California.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.