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Terms & Conditions

Last Updated: November 1, 2025

1. Acceptance of Terms

By using or purchasing any services from TOM Marketing, TOM Digital Marketing, or Always Top of Mind (“TOM Marketing,” “we,” “our,” or “us”), you agree to be bound by these Terms & Conditions (“Terms”). You acknowledge that you have read, understood, and agree to all terms contained herein.

We may update these Terms at any time. The most current version will always be available at:
https://alwaystopofmind.com/terms-conditions/

Continued use of our services after updates constitutes acceptance of the revised Terms.

2. Hours of Operation

Our business hours are:
Monday–Friday: 8:00 a.m. – 4:00 p.m. EST
We are closed on weekends and all U.S. federal holidays.
Requests made after hours will be addressed the next business day.

3. Scope of Services

TOM Marketing provides full-service digital marketing, including but not limited to:

  • Website design & development (WordPress, WooCommerce)

  • SEO & Local SEO

  • Social media management

  • Google Ads and Meta Ads (PPC)

  • Email newsletter management

  • Reputation & citation management

  • LeadFlow Engine™ CRM & automation

Services are outlined in your onboarding form, proposal, or monthly plan.

4. LeadFlow Engine™ CRM System

Our CRM system includes:
AI follow-up, automated scheduling, review requests, pipeline tracking, chatbots, and reporting dashboards.
Typical onboarding requires 2–3 weeks, depending on client responsiveness.

5. Website Development Timelines

Standard delivery is 2–3 weeks after receiving all required materials (logos, content, approvals, logins, etc.).
Client delays may alter timelines.

6. Term, Renewal & Cancellation

  • Services renew month-to-month with no long-term contracts.

  • Cancel anytime with 30 days’ written notice before the next billing cycle.

  • Most SEO and PPC services require 6-12 months for measurable traction.

7. Payment Terms

  • Payment is due upon invoice.

  • All payments are non-refundable once work begins.

  • Ad spend is billed directly to your advertising accounts.

  • Accepted payments: credit card, ACH, Stripe, invoice.

  • Late payments (10+ days) may result in temporary suspension.

8. Ownership & Intellectual Property

Upon full payment, you own all final creative assets: websites, graphics, social content, ads, photos, videos, etc.

TOM Marketing retains ownership of:

  • Proprietary workflows

  • LeadFlow Engine™ templates

  • Automation systems

  • Internal scripts and processes

We may showcase anonymized project examples for portfolio purposes.

9. Client Responsibilities

Clients agree to:

  • Provide timely access to required accounts (Google, Meta, hosting, CRM, etc.)

  • Supply brand materials and business information

  • Approve deliverables promptly

  • Maintain normal communication

Delays may affect timelines or results.

10. Refunds, Cancellations & Service Suspension

  • Work begins immediately; no refunds once work starts.

  • Services may be paused or suspended for non-payment or prolonged lack of communication.

  • TOM Marketing is not liable for platform outages (Google, Meta, hosting providers, etc.).

11. Earnings & Income Disclaimer

TOM Marketing does not guarantee specific results, rankings, or revenue.
Marketing performance varies due to competition, budgets, market conditions, and client participation.
We do not provide legal, financial, tax, or medical advice.

12. Confidentiality

Both parties agree to maintain confidentiality of sensitive business information.
This obligation survives termination.

13. Independent Contractor Relationship

TOM Marketing operates as an independent contractor.
This agreement does not create employment, partnership, or exclusivity.

14. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages (including lost profits).
Our total liability is limited to the amount paid for services in the previous 60 days.

15. Accuracy of Account Information

You agree to provide accurate information and keep all credentials current.
We use secure systems but are not responsible for breaches caused by external providers.

16. Revisions, Edits & Ongoing Support

  • Website projects include up to two homepage revisions.

  • Additional edits or expanded scope may incur additional fees.

  • Optional maintenance plans are available for ongoing updates.

17. Dispute Resolution

Disputes will first attempt resolution through good-faith mediation.
If unresolved, they fall under New Jersey law with jurisdiction in Ocean County, NJ.

18. Severability

If any provision is found unenforceable, the remainder still applies.

19. Entire Agreement

These Terms constitute the full agreement and supersede any prior agreements, proposals, or communications.

20. Contact Information

For support or billing:
📧 support@alwaystopofmind.com
🌐 www.alwaystopofmind.com

21. Service Descriptions

Social Media Management — Basic

Up to 15 custom posts monthly with branded, authentic content tailored to your business.

Social Media Management — Premium

Unlocks monthly on-site content capture (photos/videos)for clients who spend $1,000/month.
15–30 posts per month. 

Email Newsletter Management

Monthly strategy call, optional photo shoot, and up to 1 custom-branded email weekly.

Google Business Profile Optimization

Our Google Business Profile Optimization service helps your business stand out in local search and attract more customers. We fully optimize every part of your GBP, including your business information, categories, services, photos, and overall profile completeness. Each month, we publish fresh posts and Q&As to improve visibility and engagement, and we set up automated review responders to help you maintain a positive online reputation.

To strengthen your presence across the web, we also submit your business to essential directories such as Data Axle, Neustar, the Yellow Pages network, the GPS network, and Foursquare. This ensures your Name, Address, and Phone Number (NAP) stay consistent everywhere your business appears online — one of the most important factors for local SEO.

With this service, your Google Business Profile stays active, optimized, and aligned with what Google wants to see, helping you rank higher, get more calls, and earn more trust from local customers.

Facebook Ads Plans (Starter / Basic / Standard / Premium)

All include campaign setup, ad copy creation, scheduled posts, and A/B testing.
Higher tiers include more creative output and deeper optimization.

Launch SEO Plan

Perfect for small businesses or startups looking to build a strong local foundation.
This plan focuses on improving your visibility in one main keyword category.
Includes:

  • 1 Visibility Engine site optimization

  • 14 cloud stacks

  • 1 backlink

  • 1 press release

  • 1 blog post per month

  • 2 GBP posts per month

  • 2 Google Q&As per month

  • Automatic review responder

  • Listings on Data Axle, Neustar, YP, GPS, and Foursquare

Momentum SEO Plan

Ideal for growing businesses expanding into multiple nearby towns or competing in busier markets.
Targets two keyword categories with more content, more authority-building, and more visibility signals.
Includes:

  • Everything in Launch, plus:

  • 28 cloud stacks

  • 2 backlinks

  • 2 press releases per month

  • 2 blog posts per month

  • 4 GBP posts per month

  • 4 Google Q&As per month

  • Expanded citation management

  • Blogger/publisher outreach campaigns

  • Advanced analytics insights

Dominate SEO Plan

Our most powerful plan, designed for highly competitive industries or multi-location businesses.
Covers three keyword categories and includes the strongest level of authority-building and content output.
Includes:

  • Everything in Momentum, plus:

  • 42 cloud stacks

  • 3 backlinks

  • 3 monthly press releases (local, regional, and national)

  • 3 blog posts per month

  • 6 GBP posts per month

  • 6 Google Q&As per month

  • Advanced reputation management

  • Monthly citation audits (Data Axle, Neustar, GPS, Foursquare)

  • Premium backlink opportunities

PPC Plans (Traffic → Ultimate)

Scaling PPC management for Google Ads and Bing Ads with varying levels of tracking, fraud monitoring, and reporting.

Website Design

5-page, 10-page, and 20-page website packages.

22. Google Business Profile (GBP) Disclaimer

Google’s systems operate using automated filters, constantly changing algorithms, and machine review processes. Although uncommon, the following issues may occur at any time, even with compliant and healthy accounts:

  • Loss or removal of customer reviews

  • Temporary or permanent profile suspension

  • Random removal of photos, posts, or updates

  • Incorrect business information showing publicly

  • Google rejecting legitimate edits or updates

  • Ranking drops or sudden fluctuations

  • Google hiding or filtering reviews without notice

  • Delays in reviews appearing

  • False-positive spam flags on accounts

  • Unexplained rejection of services or categories

These issues can happen to any account due to Google’s automation, and sometimes Google’s bots simply get things wrong.

TOM Marketing has no control over Google’s internal decisions, enforcement actions, or algorithmic behaviors, and therefore assumes no liability for losses, disruptions, or damages caused by Google platform issues.

We will make a reasonable, good-faith effort to help with reinstatement requests, appeals, or corrections, but outcomes are not guaranteed.