Terms and Conditions

By using any services or products provided by SMBPulse Solutions ("SMBPulse"), including but not limited to software development, website development, consulting, maintenance, hosting support, and related digital services (collectively, the "Services"), you acknowledge and agree to the following Terms and Conditions ("Terms").

SMBPulse Solutions may update or adjust these Terms from time to time to reflect changes in services, tools, or operational practices. Any updates will apply to future use of the Services. Continued use of the Services after updates are made indicates acceptance of the revised Terms. The most current version of these Terms may be provided upon request.

While SMBPulse Solutions sets standards for acceptable use of its Services, you understand that SMBPulse is not responsible for content, materials, or data provided by clients or users. Use of the Services is at your discretion and risk.

1. Account Terms

If you use any of the Services, you agree that:

• You are at least 13 years of age or have appropriate authorization to engage with the Services.
• Accounts must be created and used by individuals and not through automated systems or bots.
• You will provide accurate contact information, including a valid name and email address, when requested.
• You are responsible for maintaining the security and confidentiality of any account credentials.
• SMBPulse Solutions is not responsible for issues arising from unauthorized access caused by failure to safeguard account information.
• You are responsible for activity, materials, or content associated with your account.
• SMBPulse Solutions reserves the right to limit, suspend, or decline services if necessary to maintain service integrity or compliance.

2. Payment Terms

• Payment Processing: SMBPulse Solutions processes payments for its services. Clients are responsible for timely payment of agreed fees. If a charge is disputed or a chargeback is initiated, any related fees or administrative costs may be the client's responsibility. Payments may be made via approved methods, including ACH where available. Ending an ACH authorization does not remove responsibility for outstanding balances. Returned or failed payments may incur a reasonable processing fee.
• No Prorations: Fees related to setup, deposits, partial service periods, or unused time are generally non-refundable. This approach helps ensure consistent and fair treatment across all clients.
• Taxes: Fees do not include applicable taxes, levies, or duties imposed by taxing authorities. Clients are responsible for any such applicable charges, except where otherwise required by law.
• Services Fees and Billing Terms: For ongoing or recurring services, total fees and billing schedules will be outlined in advance and referenced in the applicable scope or SOW. Payments are typically billed on a recurring schedule beginning at the agreed service start date. If payment is significantly delayed, services may be paused until the account is brought current. Service bundles or discounts may be offered from time to time.
• Website Development Fees: For website or application development projects, payment terms will be outlined prior to work beginning. In some cases, full payment may be required upfront. Where installment arrangements are approved, access to final deliverables may be provided once payment obligations are satisfied.
• Website Maintenance and Hosting: Maintenance or hosting services are typically provided on an annual term unless otherwise stated. Renewal notices and invoices will be issued in advance of the renewal date. If renewal fees are not paid, hosting or maintenance services may be paused, which could temporarily affect site availability.
• Domain Hosting: Annual domain hosting fees will be invoiced within thirty (30) days after the domain transfer to SMBPulse Solutions has been successfully completed.
• Google Pay-Per-Click (PPC) Advertising: If Pay-Per-Click (PPC) advertising is included as part of the marketing services, you agree to pay SMBPulse Solutions a monthly management fee equal to twenty percent (20%) of the total PPC advertising budget. If you reduce the PPC budget or temporarily pause or suspend PPC campaigns, you remain responsible for the twenty percent (20%) management fee. Any unused or surplus funds in the Google Ads account will roll over to the following month.
• Suspension of Services for Past-Due Accounts: Without limiting any other rights or remedies, SMBPulse Solutions may suspend, remove, or terminate any Services—including website access—if payment is not made on time. Interest on any unpaid balance will accrue at a rate of one percent (1%) per month, beginning thirty (30) days after the invoice due date.
• No Release of Website Files or Domain: SMBPulse Solutions will not release website files, source files, or domain ownership until all outstanding balances and fees on your account have been paid in full.

3. Cancellation and Termination

• Objectionable User Content: If you submit initial user content and SMBPulse Solutions, in its sole discretion, determines that such content is objectionable or offensive, you may cancel your account and receive a refund of initial fees paid. If objectionable or offensive content is resubmitted after such cancellation, SMBPulse Solutions may terminate this Agreement and retain all fees previously paid.
• Cancellation of Services: All cancellation requests must be submitted in writing. Cancellation requests made by phone will not be accepted or honored. Services provided under a fixed-term agreement may not be canceled prior to the expiration of the applicable term. Marketing service terms commence at the launch of the campaign. Month-to-month services may be canceled with thirty (30) days' written notice, provided any minimum term requirements have been satisfied.
• Cancellation of Website Maintenance and Hosting Services: A minimum of thirty (30) days' written notice is required to cancel website maintenance, hosting, or domain hosting services. Fees paid for the remainder of the current term are non-refundable. Upon cancellation, the client is responsible for securing their own hosting provider and covering any domain transfer or related fees.
• Termination by SMBPulse Solutions: SMBPulse Solutions reserves the right, at its sole discretion, to suspend or terminate your account and deny access to any current or future Services at any time and for any reason. Termination may result in deactivation or deletion of your account and access credentials. Fees paid for the remainder of the current term are non-refundable.
• Deletion After Termination: Upon cancellation or termination, you may request delivery of your User Content, including logos, artwork, website files, and initiation of domain transfer, within sixty (60) days of cancellation or termination. SMBPulse Solutions will provide any User Content in its possession within thirty (30) days of such request, provided you have not breached this Agreement. All User Content will be permanently deleted from the Services ninety (90) days after cancellation or termination and will no longer be available to SMBPulse Solutions or to you. Once deleted, this information cannot be recovered. You acknowledge and agree that upon account cancellation, you forfeit and relinquish all rights to any remaining User Content associated with your account.
• Reporting Dashboard Access: Upon cancellation or termination, your access to SMBPulse Solutions' reporting dashboard and analytics tools will be revoked immediately.

4. Modifications to Services and Fees

• Modifications: SMBPulse Solutions reserves the right, at any time and from time to time, to modify, suspend, or discontinue the Services, or any portion thereof, temporarily or permanently, with or without notice.
• No Liability for Modifications: SMBPulse Solutions shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.

5. Copyright, Content Ownership, and Requirements

• User Content: If you engage SMBPulse Solutions solely for website development without marketing services, you agree to provide all designated advertising and website materials ("User Content") within ten (10) business days of contracting for Services. SMBPulse Solutions may reorganize, restructure, or reformat the User Content as reasonably necessary at its discretion. If SMBPulse Solutions, in its sole discretion, determines that any submitted User Content is objectionable or offensive, the content will be returned to you, and you may either submit revised User Content or cancel this Agreement for a full refund of amounts paid. Any subsequent submission of objectionable or offensive User Content may, at SMBPulse Solutions' discretion, result in immediate termination of this Agreement with no refund or credit of any fees paid.
• Logo and Artwork Requirements: Logos and other artwork submitted as User Content must meet minimum quality standards, and additional charges may apply if those standards are not met. Logos must be submitted in .eps, .ai, or .psd format with a minimum resolution of 150 PPI or DPI. Upon request, you must provide documentation demonstrating ownership or valid licensing rights for any logos or artwork provided.

• Retained Rights: SMBPulse Solutions makes no claim of ownership over your User Content. All profile information and materials uploaded by you remain your property.
• Removal of User Content: SMBPulse Solutions reserves the right, but not the obligation, in its sole discretion, to refuse, remove, or disable access to any User Content made available through the Services.
• SMBPulse Solutions Content: If you have purchased marketing services, SMBPulse Solutions may create content for use on your website, including but not limited to blog articles and marketing materials ("SMBPulse Solutions Content"). Subject to your compliance with this Agreement, SMBPulse Solutions grants you a perpetual, non-exclusive, royalty-free license to use such content. If you breach this Agreement, SMBPulse Solutions may remove its content prior to returning any requested website files. If marketing services include search engine optimization, SMBPulse Solutions may also create proprietary SEO materials ("SMBPulse SEO Content") for inclusion in your website files. You acknowledge and agree that all SMBPulse SEO Content is proprietary to and the exclusive property of SMBPulse Solutions and will be removed upon cancellation or termination of Services.
• SMBPulse Solutions Property: The look and feel of the Services are protected works and are the exclusive property of SMBPulse Solutions. You may not copy, duplicate, reuse, or replicate any portion of the Services, including HTML, CSS, JavaScript, visual design elements, or layout, without express written permission. All content, software, source code, HTML, CSS, JavaScript, PHP, MySQL, Python, visual assets, and design elements developed or provided by SMBPulse Solutions are protected by U.S. and international intellectual property laws. This property also includes any Google Ads accounts, advertising configurations, and email addresses established or managed by SMBPulse Solutions on your behalf, as such accounts may contain proprietary data and configurations.
• Software: SMBPulse Solutions may make certain software available through the Services. Any software provided, including all associated files, images, code, visual elements, design structure, and accompanying data (collectively, the "Software"), is licensed to you solely for personal or internal business use, unless otherwise stated in this Agreement. Ownership and all intellectual property rights to the Software remain exclusively with SMBPulse Solutions. You may not sell, sublicense, redistribute, reproduce, modify, decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code or underlying structure of the Software.
• Compliance with Law: When accessing or using the Services, you agree to comply with all applicable laws and to respect the intellectual property rights of others. Your use of the Services is governed by and subject to laws relating to copyright, trademark, patent, and trade secret ownership and use. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content that infringes or violates the copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights of any third party. You are solely responsible for ensuring that any content you provide, post, transmit, or make available through your account complies with all applicable laws and does not infringe upon the intellectual property rights of others. The burden of proving that any content does not violate applicable laws or intellectual property rights rests solely with you.

6. Website Build, Maintenance, and Hosting Terms

In addition to the terms set forth elsewhere in this Agreement, the following terms apply specifically to website build, maintenance, and hosting services provided by SMBPulse Solutions.

• Design Approval: You will be provided with a proposed website design for review. All design revisions must be submitted at one time. A revised design will then be provided for approval. You are required to approve the final website design before development begins. Upon approval, SMBPulse Solutions will proceed with programming and coding the website. Any changes requested after design approval that require modification of the underlying code are considered outside the scope of the project and will be billed at SMBPulse Solutions' then-current hourly rates. Fees are based on the nature of the work and the personnel required. For website redesigns or updates, SMBPulse Solutions will provide an estimate and may require full payment of fees in advance.
• Limited Editor Access: You may be granted partial editor access to the website. SMBPulse Solutions will not provide administrative-level access, server access, or FTP access to any website hosted on SMBPulse Solutions' servers.
• Similar Templates and Graphics: Websites developed by SMBPulse Solutions may utilize templates and licensed assets and therefore may appear similar to other websites. SMBPulse Solutions may use graphics purchased from third-party providers, including stock image services, and such graphics may appear on other websites across the internet.
• DMCA Violation Notice: If SMBPulse Solutions receives a notice under the Digital Millennium Copyright Act ("DMCA"), SMBPulse Solutions reserves the right to immediately remove the allegedly infringing material or take the website offline without prior notice.
• Third-Party Scripts, Embedded Items, and Plug-ins: All third-party scripts, embedded content, and plug-ins must be approved by SMBPulse Solutions in its sole discretion. SMBPulse Solutions reserves the right to disable or remove any such items at any time, for any reason, in its sole discretion.
• Annual Maintenance Services: If you subscribe to annual website maintenance services, SMBPulse Solutions will provide two (2) hours of website updates per year. Any work exceeding the included hours will be billed at SMBPulse Solutions' then-current hourly rates. SMBPulse Solutions may require maintenance fees to be paid in full in advance.
• Downtime and Data Loss: You acknowledge that website downtime may occur due to factors outside of SMBPulse Solutions' control, including but not limited to poor internet connectivity, third-party service failures, hacking incidents, security breaches, or malicious attacks. You further acknowledge the risk of data loss or theft. SMBPulse Solutions is not responsible or liable for any downtime, interruptions, security incidents, data loss, or damages resulting from such events.
• Third-Party Integrations: SMBPulse Solutions is not responsible for the accuracy, functionality, performance, or reliability of any third-party applications, services, APIs, or websites integrated with your website.
• Browser Support: Websites developed by SMBPulse Solutions are designed to support the two (2) most recent versions of major browsers, including Google Chrome, Mozilla Firefox, and Apple Safari. SMBPulse Solutions makes no guarantees regarding website load times or performance across desktop or mobile devices or browser versions.
• Google Analytics and Google GA4: You acknowledge that website analytics data is provided by Google or other third-party providers. SMBPulse Solutions does not guarantee the accuracy, completeness, or consistency of analytics data and is not responsible for discrepancies or reporting errors.

7. Additional Website Development and Enhancement Services

In addition to the terms set forth elsewhere in this Agreement, the following terms apply to additional website development and enhancement services.

• Hourly Services: If SMBPulse Solutions is not retained to build your website but you have purchased marketing services, SMBPulse Solutions may recommend enhancements or updates to your existing website. All such work is billed on an hourly basis according to SMBPulse Solutions' then-current rate schedule. SMBPulse Solutions will provide an estimate prior to commencing work and may require full payment of estimated fees in advance.

8. SEO Services

In addition to the terms set forth elsewhere in this Agreement, the following terms apply to search engine optimization ("SEO") services.

• On-Page Optimization: SEO services may include on-page optimization such as metadata implementation and technical adjustments intended to improve search visibility. Upon termination of SEO services, SMBPulse Solutions reserves the right to remove SEO-related metadata and optimizations from your website.
• Off-Page Optimization: SEO services may include off-page optimization activities. You acknowledge that SMBPulse Solutions' SEO methodologies, processes, and strategies are proprietary and confidential. SMBPulse Solutions is not required to disclose keyword lists, backlink sources, or proprietary techniques.
• External Site Links: SEO services may include the placement of links to your website on external websites. If SEO services are terminated, such links may be removed at SMBPulse Solutions' discretion.
• Plug-Ins: All SEO-related plug-ins or tools must be approved by SMBPulse Solutions in its sole discretion. SMBPulse Solutions reserves the right to disable or remove any such plug-ins at any time.
• No Guarantee: You acknowledge and agree that SMBPulse Solutions does not guarantee specific rankings, traffic levels, conversions, or placement on any search engine.

9. Internet Marketing Services

In addition to the terms and conditions set forth herein, the following terms apply to internet marketing services provided by SMBPulse Solutions.

• Current Website: Your existing website may not be compatible with the full scope of marketing services. If SMBPulse Solutions did not build your website, SMBPulse Solutions is not responsible for any issues, limitations, or performance problems related to your website.
• Coordination with Website Developers: If you engage SMBPulse Solutions for marketing services but use a third party for website development or hosting, SMBPulse Solutions may recommend changes to improve marketing performance. SMBPulse Solutions is not responsible for errors, delays, or issues arising from the work performed by your website developer or hosting provider.
• Call Tracking: SMBPulse Solutions may provide call tracking numbers as part of marketing services. All call tracking numbers remain the property of SMBPulse Solutions. You acknowledge and agree that calls may be tracked and recorded for performance evaluation purposes. Call tracking services are provided by third-party vendors, and SMBPulse Solutions does not guarantee uninterrupted or error-free operation. You are responsible for maintaining a live, monitored phone line capable of receiving calls twenty-four (24) hours per day. Provided you are not in breach of this Agreement, upon termination of services and upon written request, SMBPulse Solutions will port the call tracking number to a provider of your choosing at your expense.

• Organic Social Media: If you integrate organic social media services, you are responsible for obtaining and maintaining access to your social media accounts and granting SMBPulse Solutions the appropriate permissions. SMBPulse Solutions may post content and respond to messages or comments on your behalf. All posts and responses will be made in a neutral and professional manner.
• Mass Media Services: All mass media services—including but not limited to billboard advertising, radio, television, cable, OTT, CTV, audio placements, bus wraps, and other out-of-home advertising—are non-cancelable and non-transferable once included in a marketing Statement of Work ("SOW"). An Agency of Record ("AOR") authorization may be required prior to negotiating media placements on your behalf. A non-refundable fee of five hundred dollars ($500) will be charged for mass media estimates, ballpark pricing, or schedule requests. This fee will be applied toward the final campaign cost if you proceed. If you elect not to move forward, the fee remains non-refundable.

General Conditions

The following provisions apply to all Services provided by SMBPulse Solutions.

• As-Is Services: Your use of the Services is at your sole risk. All Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.
• Technical Support: Technical support is provided exclusively via email. Support requests must be submitted to support@smbpulse.co.
• User Content: You authorize SMBPulse Solutions to use, reproduce, reuse, and permit others to use your User Content, including any reproductions or simulations thereof, in any media or technology now known or later developed, both during and after your use of the Services, solely for purposes related to the Services. You remain solely responsible for all User Content you provide.
• Third-Party Vendors: You acknowledge that SMBPulse Solutions relies on third-party vendors and hosting partners to provide hardware, software, networking, storage, and related infrastructure necessary to operate the Services.
• Contact Forms: You acknowledge that SMBPulse Solutions will receive copies of contact form submissions made through the Services in order to monitor performance and effectiveness.
• Call Tracking and Recording: You acknowledge that call tracking services may record inbound and outbound phone calls associated with the Services. Callers will hear an automated notice indicating that calls may be recorded. You are solely responsible for understanding and complying with all applicable federal and state call-recording laws, including any requirements for dual-party consent, and for notifying your employees accordingly.
• Advertising Accounts and Analytics: You acknowledge and agree that analytics accounts, Google Ads accounts, and other advertising accounts created or managed by SMBPulse Solutions, including associated email addresses and configurations, remain the property of SMBPulse Solutions, unless otherwise expressly stated in writing.
• Aggregated Data: You acknowledge that SMBPulse Solutions may aggregate anonymized geographic, statistical, and performance data derived from marketing campaigns for internal analysis and benchmarking purposes across multiple clients.
• Reporting Dashboard: If your Services include access to the SMBPulse Solutions reporting dashboard, you acknowledge that such dashboards may rely on third-party data sources and may not be fully accurate, complete, or consistent.
• Service Commencement and Availability: You acknowledge that SMBPulse Solutions will not commence work until payment has been received in full or as otherwise agreed. Once payment is received, work is scheduled based on availability and existing client workload. SMBPulse Solutions makes no guarantees regarding start dates, launch timelines, or delivery schedules.
• Prohibited Conduct: You agree not to modify, adapt, hack, reverse engineer, or otherwise interfere with the Services or any related systems, nor to falsely imply any association with SMBPulse Solutions or its Services.
• No Duplication or Resale: You agree not to reproduce, duplicate, copy, sell, resell, sublicense, or exploit any portion of the Services or access thereto without the express prior written consent of SMBPulse Solutions.
• Offensive User Content: You represent and warrant that your User Content (i) does not contain obscene material or material that exploits or harms minors in any manner, including child sexual abuse material, and (ii) does not contain material that is racist, excessively violent, harassing, hateful, defamatory, threatening, pornographic, or otherwise offensive or objectionable. SMBPulse Solutions reserves the right, but not the obligation, in its sole and absolute discretion, to remove any User Content or suspend or terminate accounts containing User Content that SMBPulse Solutions determines to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, infringing, or otherwise objectionable, or that violates these Terms or any third-party rights.
• Transmission of Services and User Content: You acknowledge that the technical processing and transmission of the Services, including your User Content, may involve transmissions over multiple networks and may be transferred unencrypted. You further acknowledge that such transmissions may be modified to conform to technical requirements of connecting networks or devices.
• No Spam: You agree not to upload, post, host, or transmit unsolicited emails, SMS messages, bulk messages, or other forms of spam through the Services.
• No Viruses or Malicious Code: You agree not to transmit any worms, viruses, malware, spyware, adware, ransomware, or other malicious or destructive code, files, or programs that may compromise the security, integrity, or functionality of the Services or any related systems.
• SMBPulse Solutions Statements: SMBPulse Solutions may display content notices, disclaimers, or attribution statements on the Services or through linked materials, including statements identifying SMBPulse Solutions as the service provider. SMBPulse Solutions may modify or update such statements at any time without prior notice.
• No Warranty: You expressly acknowledge and agree that SMBPulse Solutions does not warrant that: (i) the Services will meet your specific requirements or marketing objectives; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) results obtained from the Services will be accurate, reliable, or consistent; (iv) any products, services, information, or materials obtained through the Services will meet your expectations; (v) any errors or defects will be corrected; or (vi) any analytics, tracking, or reporting data will be accurate or consistent.
• Limitation of Liability: To the maximum extent permitted by law, you expressly agree that SMBPulse Solutions shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business interruption, or other intangible losses, even if SMBPulse Solutions has been advised of the possibility of such damages. This limitation applies to damages arising from, without limitation: (i) use of or inability to use the Services; (ii) cost of procurement of substitute goods or services; (iii) unauthorized access to or alteration of your data or transmissions; (iv) statements or conduct of any third party; or (v) any other matter relating to the Services. In no event shall the total liability of SMBPulse Solutions to you exceed the greater of: (a) the total amount actually paid by you to SMBPulse Solutions during the twelve (12) months immediately preceding the claim, or (b) five hundred dollars ($500).
• Disclaimers: SMBPulse Solutions expressly disclaims all warranties and conditions relating to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. SMBPulse Solutions further disclaims any and all liability arising from or related to User Content or your use of the Services, including any failure or inability to provide Services.
• Force Majeure: SMBPulse Solutions shall not be liable for, nor deemed in breach of this Agreement due to, any failure or delay in performance caused in whole or in part by events beyond its reasonable control, including but not limited to governmental actions, fire, flood, earthquake, war, insurrection, riot, terrorism, labor disputes or shortages, embargo, power outages, network or internet failures, transportation interruptions, or acts of God. Your payment obligations under this Agreement shall not be excused, reduced, or delayed due to the occurrence of any such force majeure event.

Your Representations and Warranties

You represent and warrant that:

1. You are entering into this Agreement solely to advertise and promote your own products or services, and not those of any third party.
2. All User Content and advertising materials you provide are true, accurate, complete, and not misleading by act or omission, and are not defamatory, slanderous, deceptive, unlawful, or otherwise harmful to any third party.
3. You have conducted appropriate investigation and due diligence and confirm that your User Content does not infringe or violate any third-party intellectual property rights, including copyrights, trademarks, trade names, service marks, or publicity or privacy rights.
4. You have obtained all necessary rights, licenses, consents, permissions, and approvals to use, display, publish, and distribute all User Content provided to SMBPulse Solutions, including but not limited to names, addresses, likenesses, endorsements, images, trademarks, copyrighted materials, and other proprietary content.
5. You are authorized to advertise and promote the business, product, or service described in the User Content, and such advertising complies with all applicable federal, state, and local laws, regulations, industry standards, and licensing requirements applicable to your business or profession.
6. You are not in violation of any laws, rules, regulations, or licensing requirements applicable to your business, goods, or services as a result of advertising or promoting them through the Services.

You acknowledge that, in certain circumstances, SMBPulse Solutions may create or publish content or images on your behalf based on information you provide. You remain solely responsible for ensuring that all such content complies with the representations and warranties set forth above.

This section releases SMBPulse Solutions from any liability arising from or related to the content or imagery used in connection with your Services.

You agree to promptly notify SMBPulse Solutions in writing if any representation or warranty made herein becomes untrue or inaccurate in any respect, or if you receive any notice or communication from a third party alleging that any User Content or advertising materials violate applicable laws or third-party rights.

• Indemnification: You agree to indemnify, defend, and hold harmless SMBPulse Solutions, and its owners, members, managers, officers, employees, contractors, and agents, from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys' fees and litigation costs, arising out of or related to: (i) your breach of this Agreement; (ii) your failure to perform any obligation under this Agreement; (iii) any breach of your representations or warranties; or (iv) any User Content you provide, post, publish, or cause to be published on the Services or on any social media or third-party platform in connection with the Services.
• No Waiver; Entire Agreement: The failure of SMBPulse Solutions to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and SMBPulse Solutions with respect to the Services and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral, including any prior versions of these terms.

Miscellaneous

• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles, except to the extent preempted by federal law. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and the parties irrevocably consent to such jurisdiction and venue and waive any objection thereto.
• Attorneys' Fees: If any action or proceeding is brought to enforce, interpret, or recover damages under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, in addition to any other relief awarded by the court.
• Headings: Section headings are provided for convenience only and shall not affect the interpretation or construction of this Agreement.
• Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect and shall not be impaired or invalidated in any way.
• Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

12. Contact SMBPulse Solutions

Questions regarding these Terms and Conditions, the Statement of Work ("SOW"), or this Agreement should be directed to:

Next Steps & Acceptance Instructions

1. Please review the Statement of Work and this Master Services Agreement carefully to ensure you fully understand the scope, responsibilities, and terms governing our engagement. Transparency and clarity from the outset are important to establishing a successful working relationship.
2. If you have any questions or require clarification on any provision, please contact us. We are happy to address questions and, where appropriate, discuss reasonable adjustments prior to execution.
3. Once you are comfortable with the terms and ready to proceed, please click the "Sign Here" button associated with both the SOW Approval and this Agreement.
4. Sign in the signature field provided to formally indicate acceptance and apply the execution date.
5. Upon receipt of your signed acceptance, SMBPulse Solutions will confirm execution and contact you to coordinate next steps and project initiation.
6. If you prefer to speak with us directly, you may call 818-383-3498.