Identity Dental Marketing – Key Terms of Service Overview
Contract Basics
Agreement becomes binding upon acceptance; minimum 6-month commitment required.
After 6 months, renews monthly. Early cancellation or downgrade = payment of remaining balance.
Deposits due upon acceptance (split allowed for $5,000+). Monthly payments auto-billed via EFT/credit card (+3% fee for credit cards).
Payments & Late Fees
Auto-charged on the 1st of each month.
Late fees: 5% after due date, 10% after 10 days.
After 3 failed collection attempts, services may be revoked (e.g., website removal).
No refunds.
Project Policies
Projects exceeding 60 days or 4 revision rounds: $75/hr charge.
Client must approve or request edits within 30 days or project may launch/close automatically.
Company not liable for hosting, security, or third-party platform issues.
Advertising
Ad spend paid directly to Google/Facebook; not included in management fee.
Campaigns remain property of Identity Dental Marketing.
Ad spend change requests require 5 business days.
Confidentiality & Proprietary Process
Strategy methods proprietary and confidential.
Unauthorized meeting attendees may result in immediate termination.
Both parties agree to mutual confidentiality and data protection.
Exclusivity & Access
Client may not work with other marketing agencies for overlapping services.
Client must maintain secure, exclusive control of access credentials.
Third-party audits must be disclosed to Identity for review.
Cancellations
Must email to request cancellation form (allow 3 business days).
30-day notice required; no prorating.
Final payment due at notice; third-party billing may continue briefly post-cancellation.
Intellectual Property
Client warrants ownership of all provided materials.
Company not liable for IP disputes.
Unauthorized redistribution of Identity content = $15,000 penalty per occurrence.
Non-Disparagement
No defaming/disparaging Identity Dental Marketing; breach = $15,000 per occurrence + possible injunction.
Liability
Company’s total liability limited to fees paid.
Not liable for internet outages, third-party actions, or HIPAA compliance issues.
Jurisdiction
Governed by Illinois law; venue in DuPage County, IL.
Permissions
Identity may use project work for self-promotion.
Authorized to create temporary business email/social accounts for management.
Relationship
Independent contractor relationship (not partners or employees).
Legal & Enforcement
Prevailing party in disputes entitled to attorney’s fees.
Entire agreement supersedes all prior communications.