Presence Plus Marketing Terms of Service

Agreement

This Customer Service Agreement (the “Agreement”) is entered into by Presence Plus Marketing LLC, a Kentucky limited liability company (“Presence Plus”), and the client completing the online purchase (“Client”). Presence Plus and Client may each be called a “Party” and together the “Parties.” The Agreement applies only to the covered business location identified during purchase unless the Parties sign a written addition for another location.

1. Purpose and Defined Scope

1.1 Purpose. Client is hiring Presence Plus to manage a defined set of local digital-presence services: business information, website content and care, supported listings, reputation workflows, review requests, recurring content, original photography, a 360-degree virtual tour, and monthly reporting.

1.2 Defined scope; no unlimited-service promise. Only the services expressly stated in this Agreement and Schedule A are included. Words such as “all-inclusive,” “everything,” or “unlimited” are not part of the Parties’ bargain. Work outside the defined scope requires a separate written change order or separate agreement.

1.3 One location. The monthly fee covers one physical business location. Separate locations, brands, or materially separate lines of business require written approval and may require another monthly fee.

2. Term, Start, and Renewal

2.1 Effective Date. This Agreement becomes effective when the last Party signs electronically or manually. Electronic records and signatures are acceptable to the Parties.

2.2 Service Start Date. The Service Start Date is the date stated during enrollment or, if no date is stated, the date Presence Plus confirms that the first payment and required onboarding access and materials have been received. Client-caused delays do not shorten the Initial Term.

2.3 Initial Term. The initial term is 12 consecutive months beginning on the Service Start Date (the “Initial Term”).

2.4 Continuation after the Initial Term. After the Initial Term, the Agreement continues month-to-month unless either Party gives at least 30 days’ written notice of termination. Presence Plus may change the monthly fee for a month-to-month period by giving at least 30 days’ written notice.

3. Fees, Automatic Payment, and Nonpayment

3.1 Monthly fee. Client will pay $395 per month for the covered business location, plus any legally required sales, use, or similar taxes. The first payment is due when Client signs. The monthly fee is charged in advance on the recurring billing date established through Presence Plus’s payment processor.

3.2 Recurring-payment authorization. Client must maintain a valid payment method and complete any separate authorization required by the payment processor. Client authorizes Presence Plus and its payment processor to charge the monthly fee and separately approved amounts. Removing or canceling a payment method does not cancel this Agreement or amounts due.

3.3 Failed payments. If a charge fails, Client must provide a valid payment method promptly. Presence Plus may retry the charge and may suspend work and publishing after written notice while an amount remains past due. Suspension does not extend the Initial Term or waive the unpaid balance.

3.4 Chargebacks and collection. Client will not submit a chargeback for an undisputed authorized charge. Client remains responsible for valid charges, chargeback fees, and reasonable collection costs to the extent permitted by law.

3.5 No setoff. Client may not withhold an undisputed monthly payment because a platform metric, ranking, review, lead, or other outcome did not meet Client’s expectation.

4. Included Services

4.1 Schedule A controls. Schedule A states the standard included services and recurring cadence. Presence Plus may sequence, batch, or reschedule work when reasonably necessary for route efficiency, platform requirements, security, quality control, or Client delays.

4.2 Reasonable substitutions. Presence Plus may use a different method, workflow, or internal technology to provide a materially similar included service. Client is purchasing Presence Plus’s service, not a license to or continued use of any named internal vendor or software product.

4.3 Ordinary updates. Routine factual corrections and ordinary updates to included website and listing content are included. A redesign, new business concept, substantial rewrite, new system, new location, or material expansion is not an ordinary update.

5. Onboarding and Client Responsibilities

5.1 Client cooperation. Client will timely:

• provide accurate business facts, service information, policies, pricing context, credentials, images, and other requested materials;
• complete the preparation form and participate in the Business Truth Interview;
• provide and maintain authorized management access to the domain, website, Google Business Profile, Apple Business Connect, supported social accounts, and other agreed platforms;
• identify a person authorized to approve facts, content rules, and business decisions;
• review the Business Knowledge Profile and initial content calibration promptly and correct inaccuracies;
• notify Presence Plus immediately of changed hours, locations, ownership, services, staff, prices, policies, legal restrictions, or material business events; and
• keep Client-owned accounts, registrations, subscriptions, licenses, insurance, and platform standing current.

5.2 Delays. Presence Plus is not responsible for delay, incomplete work, missed publishing, or reduced performance caused by missing information, unavailable people or premises, withheld access, account suspension, Client inactivity, or untimely approval. Presence Plus may pause affected work until the dependency is resolved.

5.3 Accuracy and regulated claims. Client is responsible for the truth, legality, substantiation, and industry compliance of Client’s business claims, prices, guarantees, credentials, promotions, testimonials, and instructions. Presence Plus does not provide legal, tax, licensing, medical, financial, or regulatory advice.

6. Content, Publishing, and Corrections

6.1 Knowledge approval. Client will approve the factual Business Knowledge Profile, brand voice, prohibited topics, and initial content calibration. After that approval, routine articles, social posts, listing updates, photographs, and ordinary review responses may be published without individual preapproval.

6.2 Client corrections. Client may request correction of a factual error or material brand inconsistency. Presence Plus will correct verified material errors within a commercially reasonable time. A preference change, new campaign, extensive revision, or change to previously approved facts may be scheduled as ordinary work or treated as additional scope depending on its size.

6.3 Sensitive matters. Presence Plus may delay publication or require written Client approval for regulated subjects, legal allegations, injuries, discrimination claims, threats, media-sensitive disputes, unusual guarantees, or other content that creates elevated risk.

6.4 Platform format. Presence Plus may adapt wording, length, images, links, and format for each supported platform. Identical publication on every platform is not required.

7. Review Monitoring, Responses, and Review Requests

7.1 Reputation workflow. Presence Plus will monitor supported review sources, assist with or publish routine business responses as authorized, escalate sensitive matters, and summarize available reputation metrics. Presence Plus cannot remove a legitimate review or require a platform to publish, retain, rank, or remove content.

7.2 Neutral solicitation. Review requests must seek an honest review without conditioning the request on whether the customer had a positive experience. Client will not require a particular rating, offer an incentive conditioned on sentiment, suppress negative feedback, submit fake reviews, or instruct Presence Plus to engage in review gating or other deceptive practices.

7.3 Client customer data. Client retains ownership of the customer list it supplies. Client represents that each person is an actual customer or other appropriate recipient and that Client has all notices, permissions, consents, and lawful bases required for the requested email or text communication. Client will not supply purchased consumer lists, scraped contact data, or numbers obtained for an unrelated purpose.

7.4 Opt-outs and suppression. Presence Plus may use dedicated sending identities, automated STOP and HELP handling, suppression, delivery tracking, duplication controls, and other compliance safeguards. Client will not ask Presence Plus to contact a suppressed recipient or bypass an opt-out. Presence Plus may retain the minimum information needed to honor suppression and document consent.

7.5 Compliance pause. Presence Plus may refuse, limit, or pause a review-request campaign when consent, sender registration, message content, data quality, platform policy, carrier requirements, or legal compliance is uncertain. This allocation governs the Parties’ responsibilities to each other and does not eliminate any duty either Party may owe to a regulator or third party.

8. Photography, Virtual Tour, Visits, and Travel

8.1 Included onsite visits. The standard service includes one initial visit for the Business Truth Interview, original photography, and 360-degree virtual-tour capture, plus one photography refresh visit at approximately month six. Presence Plus will ordinarily capture a categorized image library and release images gradually throughout the service year.

8.2 Service territory and route days. Included onsite work applies to the covered primary location within 100 driving miles of Sadieville, Kentucky, and is scheduled on Presence Plus regional route days. Client-requested off-route visits, work outside the active service area, additional locations, and additional visits require a separate written quote.

8.3 Readiness and rescheduling. Client must make the premises reasonably clean, safe, accessible, and ready; arrange access; identify restricted areas; and obtain permissions from owners, employees, contractors, and other persons who may appear. Client must give at least two business days’ notice to reschedule. Weather, safety concerns, or Presence Plus-initiated changes carry no penalty. A late cancellation, inaccessible location, or unprepared Client counts as the scheduled visit; a replacement visit is separately priced.

8.4 Capture limitations. Tour and photography results depend on lighting, weather, site conditions, available access, people present, platform specifications, and safety. Presence Plus may omit unsafe, private, misleading, restricted, or legally sensitive areas and does not guarantee that a third-party platform will accept, display, retain, or update a tour or image.

9. Excluded Work and Additional Work

9.1 Not included in the standard service. Unless a signed change order expressly states otherwise, the following are outside the standard service:

• creation or recovery of social-media accounts; full profile builds; ongoing comment, inbox, or direct-message management;
• e-commerce stores, extensive product catalogs, complex memberships, learning systems, or gated-content systems;
• a new appointment or reservation platform, custom software, custom customer applications, or complex integrations;
• major branding engagements, logo development, full rebranding, or unlimited design revisions;
• influencer management, follower guarantees, or routine original video production beyond the included photography and virtual-tour work;
• additional locations, off-route visits, extra photography, extra tours, or substantial work outside the service territory; and
• migration, restoration, legal response, public-relations crisis management, or extraordinary work caused by a hacked, suspended, inaccessible, or policy-violating account.

9.2 Services Presence Plus does not offer. Presence Plus does not offer paid search, SEM, paid social advertising, ad buying, media-budget management, or management of paid-advertising campaigns under this Agreement or as a separately priced addition.

9.3 Change orders. If Client requests available work outside the defined scope, Presence Plus may decline it or provide a written change order stating the work, price, timing, dependencies, and ownership terms. No oral request, routine email, or employee instruction changes this Agreement or obligates Presence Plus to begin additional work.

10. Client-Owned Accounts and Access

10.1 Client ownership. Client owns and remains the primary owner or authorized controller of its domain registration, Google Business Profile, Apple Business Connect account, social accounts, booking account, and other Client business accounts. Presence Plus receives authorized management access and will not intentionally register a Client account in Presence Plus’s own name when the platform permits Client ownership.

10.2 Access duties. Client will preserve primary ownership, maintain current recovery information and multifactor authentication, pay Client-owned account fees, and avoid revoking required access during active service. Presence Plus may use least-privilege access, approved contractors, secure credential tools, application passwords, tokens, or platform-authorized connections.

10.3 Platform standing. Client is responsible for its underlying business eligibility and compliance with platform rules. Presence Plus may assist with ordinary verification and support steps but does not guarantee verification, reinstatement, appeal success, account recovery, or continued platform access.

11. Ownership, Licenses, and Offboarding

11.1 Client materials. Client retains ownership of materials it supplies and grants Presence Plus a nonexclusive, worldwide license during the Agreement to copy, edit, format, host, publish, transmit, and display those materials as reasonably necessary to provide the services.

11.2 Client-specific deliverables. Until the Initial Term is completed and Client’s account is current, Presence Plus retains ownership of the client-specific written content, edited photographs, website build, and other deliverables it creates, while granting Client a limited license to use them for the covered business. After completion of the Initial Term—or payment of the agreed early-termination amount—and payment of all other amounts due, Presence Plus assigns to Client the final client-specific written content and edited photographs created for Client, excluding the items reserved below.

11.3 Presence Plus property. Presence Plus retains all rights in its preexisting and reusable materials, Business Knowledge Profile structure, templates, methods, prompts, checklists, portal and review-request software, code, themes, plugins, configurations, automations, reporting systems, documentation, know-how, and improvements. Client receives no ownership of Presence Plus systems or internal vendor accounts. Third-party materials remain subject to their licenses. Raw photo or video capture files are not included unless a written change order says otherwise.

11.4 Website export. After termination, if Client has satisfied the ownership conditions above and requests it within 30 days, Presence Plus will provide one standard export of the Client website and reasonably available client-specific media. Transfer of hosting, domain configuration, premium licenses, unsupported plugins, email, custom migration, repair, or installation is not included. Presence Plus may delete hosted Client data 60 days after termination, except records retained for legal, accounting, security, or suppression purposes.

11.5 Portfolio permission. Unless Client selects “No” during enrollment, Client permits Presence Plus to identify Client and display public-facing work and nonconfidential results in its portfolio and sales materials. Client may withdraw this permission for future use by written notice; withdrawal does not require recall of materials already printed or lawfully published.

12. Internal Vendors, Contractors, and Platform Changes

12.1 Internal resources. Presence Plus may use employees, contractors, subcontractors, hosting providers, communications providers, software tools, and other internal vendors to perform the services. Presence Plus remains responsible to Client for the defined service, subject to this Agreement.

12.2 No promised internal vendor. No internal vendor, tool, agent, or platform is a promised Client deliverable or third-party beneficiary. Presence Plus may replace, discontinue, or reconfigure an internal vendor without Client approval, provided Presence Plus does not materially reduce the defined included scope without notice or written agreement.

12.3 Third-party changes. Third parties may change prices, features, APIs, access rules, reporting, policies, algorithms, verification requirements, or availability. Presence Plus may modify workflow, cadence, or reporting to respond. If an included function becomes legally or technically unavailable, Presence Plus may substitute a reasonably comparable function or suspend the affected function while evaluating a replacement.

13. No Guarantee of Business Outcomes

13.1 Deliverables, not outcomes. Presence Plus promises commercially reasonable performance of the defined services. It does not guarantee rankings, placement, map visibility, AI-generated summaries, traffic, calls, directions, leads, appointments, review volume, review rating, social reach, followers, conversions, sales, revenue, profit, or any other business result.

13.2 Metrics. Reports use data made available by Client and third-party platforms. Metrics may be delayed, sampled, estimated, incomplete, changed, or unavailable and are not audited financial statements or guarantees. Presence Plus may correct a report when a material data error is discovered.

13.3 No exclusive control. Results may be affected by competition, Client operations, pricing, service quality, seasonality, economic conditions, platform decisions, customer behavior, prior account history, and facts outside Presence Plus’s control.

14. Confidentiality, Customer Data, and Security

14.1 Confidential information. Each Party will protect the other Party’s nonpublic business, technical, financial, customer, and access information using reasonable care and will use it only to perform or enforce this Agreement. This duty does not apply to information lawfully public, already known without duty, independently developed, or lawfully obtained from another source.

14.2 Data minimization. Presence Plus will use Client customer data only to provide the authorized services, operate safeguards, honor suppression, maintain necessary records, and comply with law. Presence Plus will not sell Client’s customer list. Client will not provide payment-card data, Social Security numbers, medical information, or other sensitive data not reasonably necessary for the services.

14.3 Security. Presence Plus will use commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information. No system is completely secure. Each Party will promptly notify the other of a known security event materially affecting the other Party’s data or accounts and will cooperate in legally required response steps.

14.4 Required disclosure. A Party may disclose confidential information when legally required after giving notice when legally permitted and reasonably cooperating to limit the disclosure.

15. Representations and Mutual Conduct

15.1 Authority. Each signer represents that the signer has authority to bind the named Party.

15.2 Client rights. Client represents that it owns or has permission to use and publish all materials, names, trademarks, images, testimonials, data, claims, accounts, locations, and instructions supplied to Presence Plus.

15.3 Prohibited instructions. Presence Plus may refuse any instruction it reasonably believes is unlawful, deceptive, unsafe, infringing, discriminatory, defamatory, privacy-invasive, contrary to platform policy, or outside the defined scope.

15.4 Independent contractors. The Parties are independent contractors. This Agreement does not create an employment, partnership, joint venture, franchise, fiduciary, or agency relationship, and neither Party may bind the other except as expressly authorized.

16. Indemnification

16.1 By Client. Client will defend, indemnify, and hold harmless Presence Plus and its members, employees, and contractors from third-party claims, penalties, losses, and reasonable expenses arising from Client’s business operations; Client materials or instructions; inaccurate or unlawful claims; infringement by materials Client supplied; Client’s products or services; Client’s failure to obtain required permissions or consent; Client customer data; or Client’s violation of law or platform policy, except to the extent caused by Presence Plus’s gross negligence or willful misconduct.

16.2 By Presence Plus. Presence Plus will defend, indemnify, and hold harmless Client from third-party claims that original final deliverables created solely by Presence Plus infringe a United States copyright or trademark, except to the extent the claim arises from Client materials, Client instructions, modifications not made by Presence Plus, combinations not supplied by Presence Plus, or continued use after notice. Presence Plus may modify or replace the affected deliverable or terminate the affected service.

16.3 Procedure. The protected Party must give prompt notice, allow the indemnifying Party to control the defense and settlement, and provide reasonable cooperation. No settlement may admit wrongdoing by or impose a nonmonetary obligation on the protected Party without written consent.

17. Limitation of Liability

17.1 Excluded damages. To the maximum extent permitted by law, neither Party is liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profit, lost revenue, lost data, lost opportunity, or reputational harm, arising from this Agreement, even if advised that such damage was possible.

17.2 Liability cap. Except for Client’s payment obligations, either Party’s indemnification obligations, misuse of the other Party’s intellectual property, breach of confidentiality, or fraud, gross negligence, or willful misconduct, each Party’s total aggregate liability arising from this Agreement will not exceed the fees Client paid to Presence Plus during the six months immediately preceding the event giving rise to the claim.

17.3 Allocation of risk. The fees and limitations in this Agreement reflect the Parties’ allocation of risk and apply even if a limited remedy fails of its essential purpose.

18. Suspension, Termination, and Early Termination

18.1 Termination for material breach. Either Party may terminate for the other Party’s material breach if the breaching Party does not cure within 10 days after written notice, except that a breach involving unlawful conduct, security risk, abuse, fraud, infringement, or a platform threat may justify immediate suspension or termination when a cure is not reasonably available.

18.2 Client termination during the Initial Term. Client may stop requesting service, but unless Presence Plus agrees to a written release or Client terminates for Presence Plus’s uncured material breach, Client remains responsible for the unpaid monthly fees through the end of the Initial Term. The Parties acknowledge that Presence Plus performs substantially all of its front-loaded value—including the complete website build, initial photography library, and 360-degree virtual tour capture and publication—within the first month of service, and that the remaining monthly fee stream represents the amortization of that upfront investment over the agreed Initial Term. The Parties intend this amount as agreed liquidated damages and not a penalty because the actual loss from early termination is difficult to determine.

18.3 Presence Plus termination. Presence Plus may terminate for uncured nonpayment or other material breach. After the Initial Term, either Party may terminate without cause on 30 days’ written notice. Presence Plus may also terminate without cause during the Initial Term on 30 days’ notice; in that event Client owes only fees through the effective termination date and receives any ownership or export rights that would have vested upon completion of the Initial Term, provided Client is current.

18.4 Effect. Upon termination, Presence Plus may stop hosting, publishing, communications, platform management, and portal access as of the effective termination date. Accrued payment, confidentiality, ownership, indemnification, limitation, dispute, suppression, and record-retention provisions survive.

19. Dispute Process, Governing Law, and Venue

19.1 Good-faith resolution. Before filing suit, a Party will give written notice describing the dispute and requested resolution. An authorized representative of each Party will attempt in good faith to resolve the dispute for at least 30 days, unless immediate relief is reasonably necessary to protect accounts, confidential information, intellectual property, or safety.

19.2 Kentucky law and venue. Kentucky law governs without regard to conflict-of-law rules. The Parties consent to exclusive jurisdiction and venue in the state courts located in Fayette County, Kentucky, or the federal court with jurisdiction over Fayette County, and waive objections to personal jurisdiction or venue.

19.3 Injunctive relief. Either Party may seek temporary or injunctive relief for unauthorized account access, misuse of intellectual property, breach of confidentiality, or another harm for which money damages are inadequate.

20. General Terms

20.1 Notices. Contract notices must be in writing and sent to the notice email and address provided by the Parties. Email notice is effective when sent without a delivery-failure message; a termination or breach notice should also be sent by a trackable delivery method when reasonably practical. A Party must promptly update its notice information.

20.2 Force majeure. Neither Party is liable for delay caused by events beyond reasonable control, including severe weather, disaster, epidemic, war, civil disorder, labor disruption, utility or Internet failure, government action, platform outage, carrier blocking, cyberattack not caused by the affected Party’s failure to use reasonable safeguards, or third-party service interruption. Payment obligations for services already provided are not excused.

20.3 Assignment. Client may not assign this Agreement without Presence Plus’s written consent. Presence Plus may assign it to a successor in connection with a sale, merger, reorganization, or transfer of substantially all related business assets, provided the successor assumes Presence Plus’s obligations.

20.4 Entire agreement and order of control. This Agreement, its schedules, signed change orders, and payment authorization are the entire agreement and replace prior proposals, discussions, or representations about the services. If documents conflict, a later signed change order controls the Agreement only for the expressly changed item; otherwise the main Agreement controls a schedule, and a schedule controls general sales material.

20.5 Amendments and waiver. An amendment must be in writing and signed by both Parties. A waiver on one occasion is not a continuing waiver. Delay in enforcement is not a waiver.

20.6 Severability. If a provision is unenforceable, it will be enforced to the maximum lawful extent or narrowed as necessary, and the remaining provisions remain effective.

20.7 Counterparts and electronic records. The Parties may sign in counterparts and through an electronic-signature system. Electronic copies and signatures are treated as originals. The Parties consent to receive this Agreement, notices, receipts, and related records electronically, subject to any nonwaivable legal right.

20.8 Headings. Headings are for convenience and do not limit the text.

Schedule A — Standard Included Services

The following services are included for the covered business location, subject to Client cooperation, platform availability, reasonable scheduling, and the Agreement’s limitations.

Supported Accounts and Destinations

“Supported” means a platform or directory that Presence Plus can lawfully and technically connect to and manage through its then-current systems. The intended accounts for each Client will be documented during onboarding. A blank or unsupported account is not promised.

Electronic Acceptance

By checking the agreement box and completing the online purchase, Client states that Client has read this Agreement, understands the 12-month Initial Term and automatic recurring payment, and has authority to bind the named business.