Terms & Conditions.

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
• LeadCloser CRM & automation

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

4. LeadCloser 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.

Contact T.O.M Digital Marketing for Questions and Feedback

• 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
• LeadCloser 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:

• Email: support@alwaystopofmind.com
• Website: www.alwaystopofmind.com

21. Service Descriptions

Current service descriptions, deliverables, and pricing are listed on each service page: SEO & AI Search, Website Design, LeadCloser, Google Ads, Meta Ads, Social Media, and Email Marketing. Your specific deliverables are outlined in your onboarding form, proposal, or monthly plan.

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.