Terms of Service

Agreement to These Terms

These Terms of Service ("Terms") govern your access to shillingdigital.com and your use of services offered by Shilling Digital ("we," "us," or "our"), including web design, SEO, content marketing, branding, hosting, and related digital marketing services for small service businesses.

By using our website, submitting an inquiry, or engaging us for services, you agree to these Terms. If you do not agree, do not use our website or services.

If you sign a separate proposal, statement of work, or client agreement with us, that document controls where it conflicts with these Terms. Otherwise, these Terms apply.

Our Services

We provide professional digital marketing and web services tailored to small service businesses. Specific deliverables, timelines, fees, and scope are defined in your quote, proposal, or signed agreement.

We may update, expand, or discontinue website features or service offerings at any time. Descriptions on our website are for general information and do not constitute a binding offer until confirmed in writing.

Use of Our Website

You agree not to:

• Use the website in any way that violates applicable law or third-party rights
• Attempt to gain unauthorized access to our systems, accounts, or data
• Submit false, misleading, or spam content through our contact forms
• Scrape, copy, or republish substantial portions of the website without permission
• Interfere with the security or proper functioning of the website

Client Responsibilities

To deliver our services effectively, you agree to provide timely information, content, approvals, and access to accounts or tools we reasonably need — such as domain registrars, hosting panels, Google Business Profile, analytics, ad platforms, or your website CMS.

You are responsible for the accuracy of information and materials you provide, including business claims, photos, testimonials, and legal disclosures on your website or marketing. You represent that you have the rights needed for us to use client-provided content in your project.

Delays caused by missing content, delayed approvals, or unavailable access may shift timelines and are not our fault.

Fees, Invoices, and Payment

Fees are due according to the payment schedule in your proposal or invoice. Unless otherwise stated, project work may be paused if payment is overdue.

Quoted prices cover the scope described in writing. Additional requests outside that scope may require a change order and additional fees.

You are responsible for third-party costs not included in our fees, such as domain registration, premium plugins, stock assets, ad spend, or software subscriptions billed directly to your accounts.

Except where required by law, fees already paid for completed work or non-refundable third-party purchases are not refundable.

Intellectual Property

We retain ownership of our pre-existing materials, frameworks, templates, processes, and know-how. Upon full payment for a custom website or deliverable created specifically for you, we grant you ownership or a license to use the final deliverables as described in your agreement, excluding third-party materials and our underlying tools.

Until payment is received in full, we may retain ownership of work product and may withhold launch, files, or credentials.

You grant us a limited license to use your name, logo, and project materials to perform the services and, unless you opt out in writing, to display the completed work in our portfolio and marketing.

Our website content, branding, and original copy are owned by Shilling Digital and may not be copied or reused without permission.

SEO, Advertising, and Results

Digital marketing results depend on many factors outside our control, including search engine algorithms, competition, market conditions, your budget, and the quality of your offer. We do not guarantee specific rankings, traffic levels, lead volume, revenue, or return on ad spend.

We will use reasonable skill and care in performing SEO, content, and advertising services, but performance estimates are not promises of outcome.

You remain responsible for compliance with advertising laws, platform policies, and industry regulations applicable to your business.

Hosting, Maintenance, and Support

If we provide hosting, maintenance, or support, the included scope, uptime expectations, response times, and renewal terms will be stated in your agreement.

We are not responsible for outages caused by third-party providers, force majeure events, your unauthorized changes, or failure to maintain required software updates outside our managed scope.

You are responsible for maintaining backups of critical business data unless backup services are explicitly included in writing.

Confidentiality

Each party may receive non-public business information from the other. We will use reasonable efforts to keep your confidential information private and use it only to perform services for you, except as required by law or with your consent.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or lawfully obtained from another source.

Disclaimers

Our website and services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the fullest extent permitted by law, Shilling Digital will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost leads, lost data, or business interruption.

Our total liability arising out of or related to any service or these Terms will not exceed the amount you paid us for the specific service giving rise to the claim during the twelve (12) months before the event occurred.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Shilling Digital from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your content, your products or services, your violation of these Terms, your violation of law or third-party rights, or your use of deliverables after we hand them off to you.

Suspension and Termination

We may suspend or terminate website access or services if you breach these Terms, fail to pay amounts due, or engage in abusive or unlawful conduct.

Either party may terminate an ongoing service relationship according to the termination terms in the applicable client agreement. Upon termination, you remain responsible for fees owed for work performed and non-cancelable third-party costs.

Governing Law and Disputes

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.

Any dispute arising out of these Terms or our services will be brought in the state or federal courts located in Indiana, and you consent to that jurisdiction.

Before filing a claim, the parties agree to attempt in good faith to resolve the dispute through direct communication.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of the website after changes become effective constitutes acceptance of the revised Terms.

Contact Us

Questions about these Terms of Service may be sent to:

• Email: contact@shillingdigital.com
• Phone: 260-225-7019
• Service area: Warsaw, IN 46580, United States