Terms of Service

Effective date: August 14, 2026
Last updated: August 14, 2026

These Terms of Service (“Terms”) govern the use of driftwooddigitalconsulting.com (the “Website”) and the purchase or use of services from Driftwood Digital Consulting, LLC (“Driftwood Digital,” “Driftwood,” “we,” “us,” or “our”).

Driftwood Digital is based in Arizona and serves clients remotely.

By using the Website, accepting a proposal, authorizing work, or paying an invoice, you agree to these Terms. If you do not agree, do not use the Website or purchase services.

Project Agreements

A proposal, statement of work, service agreement, estimate, invoice, or other written project document may contain additional or more specific terms.

If a project-specific document conflicts with these Terms, the project-specific document will control for that engagement. These Terms apply to matters not addressed in the project-specific document.

Services

Driftwood Digital provides digital marketing consulting and implementation services, including but not limited to:

  • SEO and website visibility

  • Analytics and digital strategy

  • Content and messaging

  • Website design and development

  • Website maintenance

  • Audits, research, and reporting

  • Related consulting and implementation support

The scope, deliverables, schedule, assumptions, and fees for a specific engagement will be described in the applicable proposal, statement of work, service agreement, estimate, or invoice.

Website pricing represents starting points or standard rates and is not a binding quote for every project.

Pricing, Invoices, and Payment

Fees may be structured as flat project fees, hourly charges, monthly retainers, or another arrangement stated in writing.

The standard hourly rate published on the Website is currently $75 per hour. For an existing engagement, the applicable rate is the rate accepted in the project agreement or, if no different rate is stated, the Website rate in effect when the engagement began.

Invoices are due by the date shown on the invoice. Late or missed payments may cause work to pause, deliverables to be withheld, or the project schedule to be adjusted.

The client remains responsible for work already performed and charges already incurred.

Available payment methods and any applicable transaction or processing charges will be shown on the invoice or payment page. Payments may be handled through an independent payment method or provider selected for the transaction.

Third-Party Products and Services

A project may require or benefit from third-party products or services, including domains, hosting, themes, plugins, software, licenses, stock assets, fonts, integrations, security products, or other technology.

These needs may become apparent after discovery, evaluation, or implementation begins.

Third-party accounts, licenses, and assets will be established in the client’s name, with billing paid directly by the client to the provider. Driftwood Digital may recommend products, assist with setup, or help the client evaluate options, but does not purchase or carry third-party costs on the client’s behalf.

Third-party products and services remain subject to the provider’s own terms, pricing, availability, support, and refund policies.

Client Responsibilities

Clients agree to:

  • Provide accurate information and materials reasonably needed to perform the work

  • Provide timely access, feedback, decisions, and approvals

  • Designate an authorized decision-maker when more than one person is involved

  • Confirm that they have the right to use all text, images, trademarks, data, software, and other materials supplied to Driftwood Digital

  • Review deliverables, recommendations, and requests for approval within a reasonable time

  • Maintain appropriate backups and security practices for systems and accounts under their control

Client delays, incomplete information, access restrictions, changing requirements, or delayed approvals may extend deadlines and affect project results.

Scope Changes and Additional Work

Requests outside the agreed scope may require a revised estimate, change order, new project, or hourly billing.

Driftwood Digital is not obligated to perform work outside the agreed scope unless the additional work is authorized by both parties.

Ownership and Client Control

After full payment, the client owns the final deliverables created specifically for the client and identified as project deliverables, except for Driftwood Digital’s pre-existing tools, methods, templates, processes, knowledge, and third-party materials.

Domains, hosting accounts, website platforms, themes, plugins, licenses, analytics properties, and related assets will remain in the client’s name and control whenever applicable.

Driftwood Digital may reference or display non-confidential, publicly available work in its portfolio or case studies unless otherwise agreed in writing.

Confidentiality

Each party will use reasonable care to protect confidential information received from the other and will use that information only for the engagement or as otherwise authorized.

Confidential information does not include information that:

  • Is publicly available through no breach of duty

  • Was already known without restriction

  • Was independently developed

  • Was lawfully received from another source

  • Must be disclosed by law or valid legal process

Marketing and Website Results

Driftwood Digital does not guarantee:

  • Search rankings

  • Website traffic

  • Leads or inquiries

  • Sales or conversions

  • Revenue

  • Search-engine indexing

  • Platform approval

  • Uninterrupted website or third-party service availability

  • Any other specific business result

Marketing and website performance depend on many factors outside Driftwood Digital’s control, including competition, market conditions, client decisions, search-engine changes, advertising platforms, hosting providers, third-party software, and user behavior.

Recommendations, estimates, and projections are professional judgments based on the information available at the time. They are not promises of future performance.

Website Content and Permitted Use

Website content, branding, text, graphics, downloads, and original materials are owned by or licensed to Driftwood Digital and are protected by applicable intellectual-property laws.

You may view and print Website content for your own lawful business use. You may not copy, republish, sell, scrape, reproduce, modify, or distribute substantial portions of the Website without written permission, except as permitted by law.

You may not:

  • Interfere with Website security or operation

  • Introduce malicious code

  • Misuse Website forms

  • Impersonate another person or business

  • Submit unlawful or infringing material

  • Use the Website to violate another party’s rights

Client-Supplied Materials

The client is responsible for the materials, claims, instructions, and data supplied to Driftwood Digital.

To the fullest extent permitted by law, the client agrees to defend and indemnify Driftwood Digital against third-party claims arising from client-supplied materials, the client’s unlawful use of deliverables, or the client’s violation of another party’s intellectual-property, privacy, or other legal rights.

Third-Party Platforms and Links

The Website and Driftwood Digital’s services may rely on or link to third-party websites, software, platforms, payment providers, hosting services, or other providers.

Driftwood Digital does not control those providers and is not responsible for their content, availability, security, pricing, policy changes, data practices, or performance.

Use of a third-party service is subject to that provider’s own terms and privacy practices.

Cancellation and Refunds

Cancellations and refund requests are governed by Driftwood Digital’s Refund and Cancellation Policy and any more specific written project agreement.

Email notice sent to wcapek@driftwooddigitalconsulting.com constitutes written notice.

Text messages, voicemail messages, and messages sent through social media or networking platforms do not constitute written cancellation notice.

Amounts owed for completed work remain due after cancellation or termination.

Suspension or Termination of Services

Driftwood Digital may suspend or terminate work because of:

  • Nonpayment

  • Unlawful conduct

  • Misuse of services or systems

  • Material breach of an agreement

  • Abusive or threatening behavior

  • Failure to provide information, decisions, approval, or access needed to perform the work

Suspension or termination does not eliminate the client’s responsibility to pay for work already completed.

Neither party is responsible for delays caused by events beyond reasonable control, including natural disasters, widespread outages, acts of government, labor disruptions, serious illness, cyberattacks, platform failures, or provider interruptions.

Disclaimer

The Website and its general informational content are provided on an “as available” basis.

Website content is for general informational purposes and is not legal, tax, accounting, or financial advice.

To the fullest extent permitted by law, Driftwood Digital disclaims warranties not expressly stated in a written project agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Driftwood Digital will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost revenue, lost profits, lost data, loss of goodwill, or business interruption arising from the Website, the services, or third-party platforms.

Except where prohibited by law or stated differently in a written project agreement, Driftwood Digital’s total liability arising from a specific engagement will not exceed the fees paid to Driftwood Digital for the services giving rise to the claim.

Privacy

Information collected through the Website or during a client engagement is handled in accordance with Driftwood Digital’s Privacy Policy.

Governing Law and Venue

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

Unless a written project agreement states otherwise, disputes will be brought in the state or federal courts serving Maricopa County, Arizona. The parties consent to the jurisdiction of those courts.

Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. The unenforceable provision will be limited or modified only to the minimum extent necessary.

A failure to enforce a provision is not a waiver of the right to enforce it later.

Changes to These Terms

Driftwood Digital may update these Terms as its services, business practices, or legal requirements change.

The revised Terms will be posted on the Website with an updated effective or last-updated date. Changes apply prospectively unless otherwise required by law or agreed in writing.

Contact

Questions about these Terms may be sent to:

Driftwood Digital Consulting, LLC
Email: wcapek@driftwooddigitalconsulting.com
Website: https://driftwooddigitalconsulting.com