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Effective March 1, 2026. Replaces February 18, 2026.
These Terms and Conditions govern all services provided by B McGuire Designs LLC, a Georgia limited liability company, doing business as B McGuire Marketing (“Agency”), to any client (“Client”). By engaging Agency for services, Client agrees to these Terms.
1.1 These Terms function as the Master Services Agreement and apply to all services provided by Agency.
1.2 Specific services, deliverables, timelines, and pricing will be defined in written Statements of Work (“SOW”).
1.3 Certain services may also be governed by a Service Level Agreement (“SLA”) or Data Processing Addendum (“DPA”).
1.4 In the event of conflict, the order of precedence shall be: DPA, SLA, SOW, then these Terms.
2.1 Agency provides marketing strategy, branding, creative services, website development, website hosting, website care, digital advertising management, consulting, and software resale services.
2.2 Deliverables must be expressly defined in a signed SOW.
2.3 Agency is not responsible for services not expressly stated in a signed SOW.
3.1 Client agrees to pay all fees as outlined in the applicable SOW.
3.2 Invoices are due within fifteen (15) days unless otherwise stated.
3.3 Late payments accrue interest at 1.5% per month or the maximum rate permitted by law.
3.4 Agency may suspend services, including hosting and SaaS access, for non-payment after seven (7) days written notice.
3.5 Client is responsible for applicable taxes and governmental charges.
4.1 Hosting services are provided on a commercially reasonable efforts basis.
4.2 Agency does not guarantee uninterrupted or error-free operation.
4.3 Maintenance may occur with or without notice as necessary.
4.4 Client retains ownership of website content and data.
4.5 Agency retains ownership of infrastructure, systems, tools, and configurations.
4.6 Upon termination, Client may request a downloadable export within thirty (30) days. Migration assistance requires separate agreement.
5.1 Certain services are powered by third-party software providers and may be white-labeled by Agency.
5.2 Such services may be subject to third-party terms.
5.3 Agency is not liable for outages, data loss, feature changes, or service discontinuation caused by third-party providers.
6.1 Client represents that materials provided are accurate and lawful.
6.2 Client is solely responsible for compliance with applicable laws, including privacy and data protection laws.
6.3 Client must maintain secure credentials for all accounts.
7.1 Agency will implement commercially reasonable safeguards to protect Client data.
7.2 Agency’s Privacy Policy is incorporated by reference.
7.3 Agency is not responsible for breaches caused by Client negligence or third-party platforms.
8.1 Upon full payment, Client owns final deliverables created under a signed SOW.
8.2 Agency retains ownership of proprietary tools, templates, frameworks, and pre-existing materials.
8.3 Agency may display completed work in portfolios unless otherwise agreed.
9.1 Agency does not guarantee business results, rankings, or performance outcomes.
9.2 Services are provided on an “as is” and “as available” basis unless expressly stated otherwise.
10.1 Client shall indemnify Agency for claims arising from Client materials or misuse of services.
10.2 Agency shall indemnify Client against third-party claims alleging Agency-created deliverables infringe valid U.S. intellectual property rights.
11.1 Agency’s total liability shall not exceed the total fees paid by Client in the twelve (12) months preceding the claim.
11.2 Agency is not liable for indirect, incidental, consequential, special, punitive, lost profit, or business interruption damages.
12.1 Either party may terminate upon thirty (30) days written notice unless otherwise specified in an SOW.
12.2 Hosting and SaaS services may automatically renew monthly unless canceled fifteen (15) days prior to renewal.
12.3 Upon termination, outstanding fees become immediately due.
Agency is not liable for delay or failure to perform due to events beyond its reasonable control.
14.1 Governed by the laws of the State of Georgia.
14.2 Disputes shall first attempt good faith negotiation.
14.3 Unresolved disputes shall be resolved by binding arbitration in Atlanta, Fulton County, Georgia.
15.1 Use of Artificial Intelligence Systems
Agency may implement, configure, or provide access to artificial intelligence, machine learning, or automated decision-making systems, including but not limited to AI chat agents, AI phone agents, AI reputation tools, AI SEO tools, and other automated marketing technologies (collectively, “AI Services”).
15.2 Nature of AI Outputs
Client acknowledges that AI Services generate probabilistic outputs based on patterns in data and that such outputs may be incomplete, inaccurate, outdated, or contextually inappropriate. AI-generated responses are not guaranteed to be error-free, accurate, or suitable for every situation.
15.3 No Professional Advice
AI-generated outputs do not constitute legal, financial, medical, accounting, regulatory, or other professional advice. Client is solely responsible for evaluating AI outputs before relying on them for business decisions.
15.4 Client Responsibility and Oversight
Client is responsible for:
Client acknowledges that ultimate responsibility for communications with its customers and prospects remains with Client.
15.5 Third-Party Platform Reliance
AI Services may rely on third-party software providers, infrastructure providers, and large language model platforms. Agency does not control and is not responsible for:
Such third-party services are provided subject to their own terms and conditions.
15.6 No Guarantee of Business Results
Agency does not guarantee specific outcomes from AI Services, including but not limited to increases in leads, revenue, response accuracy, operational efficiency, or customer satisfaction.
15.7 Limitation of AI-Related Liability
To the maximum extent permitted by law, Agency shall not be liable for any claims, losses, damages, or liabilities arising from:
All AI Services are provided on an “as is” and “as available” basis, subject to the general limitation of liability provisions in these Terms.
16.1 Client acknowledges that websites collecting personally identifiable information may be subject to privacy and data protection laws.
16.2 Agency is not a law firm and does not provide legal advice.
16.3 Client is solely responsible for determining applicable laws and maintaining compliant Privacy Policies, Cookie Policies, consent mechanisms, Terms of Service, and Disclaimers.
16.4 If Client elects not to implement website policies, Client assumes all associated risk.
16.5 If Client uses third-party policy generation services, Client’s agreement is directly with that provider.
16.6 Agency is not liable for fines, penalties, lawsuits, or regulatory action arising from Client’s failure to maintain compliant website policies.
17.1 Agency may update these Terms upon thirty (30) days written notice.
17.2 Continued use of services constitutes acceptance of updated Terms.
These Terms, together with all SOWs, SLAs, and DPAs, constitute the entire agreement between the parties.
Search is changing. How well are you positioned to dominate AI search results?