TERMS OF SERVICE AND PRIVACY POLICY
TOWER DIGITAL, LLC
dba Tower Digital Systems
TERMS OF SERVICE AND PRIVACY POLICY
Effective Date: January 1, 2024 | Last Updated: March 4, 2026
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Tower Digital, LLC dba Tower Digital Systems ("Tower Digital," "we," "us," or "our"). By engaging our services, accessing our website, submitting payment, or using any services provided by Tower Digital, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
2. SERVICES
Tower Digital provides various digital marketing and web development services, including but not limited to:- Website design and development
- Website hosting and maintenance
- Search engine optimization (SEO) and AI/Answer Engine Optimization (AEO)
- Google Business Profile setup, optimization, and management
- Reputation management and review generation
- Digital marketing services and paid advertising management
- Social media marketing and management
- Content creation and management
- Any other digital services as agreed upon in writing
3. PAYMENT TERMS
3.1 Fees and Payment
Client agrees to pay all fees as specified in the applicable Service Agreement, invoice, or other documentation provided by Tower Digital. All payments are due upon receipt of invoice unless otherwise specified in writing.3.2 Non-Refundable Payments
ALL PAYMENTS TO TOWER DIGITAL ARE NON-REFUNDABLE. This includes, but is not limited to, all deposits, setup fees, design fees, development fees, hosting fees, maintenance fees, and monthly subscription fees. No refunds will be provided under any circumstances, including but not limited to Client dissatisfaction, change of business direction, or termination of services.3.3 Late Payments
Payments received more than ten (10) days after the due date will incur a late fee of fifty dollars ($50.00 USD). If payment is not received within fifteen (15) days of the due date, services may be suspended, and a reactivation fee of two hundred dollars ($200.00 USD) will apply in addition to all outstanding balances. Tower Digital is not responsible for any consequences arising from such suspension, including but not limited to loss of business, revenue, or data.3.4 Billing Resumption Following Guarantee Period
In the event Tower Digital continues services beyond the standard guarantee window at no charge pursuant to Section 15.16, standard monthly billing automatically resumes on the calendar date on which Client's website first achieves verified organic search appearance on Google for Client's name or primary business name. The appearance date is established by dated screenshot documentation retained by Tower Digital. No additional notice is required — billing resumption is automatic upon verified appearance.3.5 Taxes
All fees are exclusive of applicable federal, state, local, and foreign taxes, which are the sole responsibility of Client.4. TERM AND TERMINATION
4.1 Term
The initial term of service shall begin on the date specified in the Service Agreement and shall continue until terminated in accordance with these Terms.4.2 Termination
Either party may terminate services by providing thirty (30) days' written notice. Client must send termination notices to support@towerdigital.org. Tower Digital may send termination notices to the email address on file for Client. Tower Digital reserves the right to terminate services immediately and without notice in the event of Client's breach of these Terms.4.3 Effect of Termination
Upon termination of services for any reason:- All outstanding balances become immediately due and payable
- All licenses granted to Client shall immediately terminate
- Tower Digital may immediately cease providing all services
- Client shall not be entitled to any refund of any kind
- Client shall not receive any website files, code, content, or other deliverables unless specifically agreed to in writing by Tower Digital prior to termination
- Client shall immediately cease using any materials, content, or intellectual property owned by Tower Digital
5. OWNERSHIP AND INTELLECTUAL PROPERTY
5.1 Tower Digital Ownership
TOWER DIGITAL RETAINS EXCLUSIVE OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS, including but not limited to all designs, graphics, code, content, photographs, videos, written materials, business strategies, marketing plans, software, scripts, processes, and other materials created or provided by Tower Digital in connection with the services. Client acknowledges that no transfer of ownership of any intellectual property occurs under these Terms.5.2 Domain Names
Unless otherwise specified in writing in the applicable Service Agreement, domain names registered or managed by Tower Digital on behalf of Client remain the property of Tower Digital for the duration of the service engagement. Client acknowledges that domain ownership as held by Tower Digital is a component of the managed service and is integral to the performance and continuity of SEO and ranking results. Upon termination, Tower Digital has no obligation to transfer domain ownership to Client unless a written domain transfer agreement was executed prior to or at the time of engagement.5.3 Limited License
Tower Digital grants Client a limited, non-exclusive, non-transferable, revocable license to use the materials created by Tower Digital solely in connection with the services provided and only for the duration that Client continues to engage and pay for Tower Digital's services.5.4 Website and Content Restrictions
Client acknowledges and agrees that:- The website, including all code, content, and design elements, cannot be transferred or migrated to another hosting service
- Client may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or created by Tower Digital without prior written consent
- Client may not attempt to decompile, reverse engineer, or disassemble any code or software
5.5 Client Materials
Client grants Tower Digital a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display any materials provided by Client for the purpose of providing the services. Client represents and warrants that it has all necessary rights to grant this license and that all materials provided are owned by Client or properly licensed. Client indemnifies Tower Digital against any claim arising from use of materials Client provided.6. WEBSITE HOSTING AND MAINTENANCE
6.1 Hosting Services
Tower Digital will make reasonable efforts to ensure website availability but does not guarantee uninterrupted or error-free operation. Tower Digital reserves the right to temporarily suspend hosting services for maintenance or modifications.6.2 Website Content and Updates
Tower Digital shall have sole discretion over website design, functionality, and SEO-related content. Client may request changes, but Tower Digital reserves the right to determine whether changes will be implemented. Changes to H1 headings, URL structure, page titles, meta descriptions, or location pages requested by Client that Tower Digital reasonably believes will negatively impact search rankings may be declined or implemented only after Client provides written acknowledgment that Tower Digital has advised against the change and Client accepts sole responsibility for any resulting ranking impact.6.3 Non-Transferability
THE WEBSITE CANNOT BE TRANSFERRED OR MIGRATED TO ANOTHER HOSTING SERVICE under any circumstances. Tower Digital retains exclusive ownership of all website files, code, databases, and content.7. CLIENT RESPONSIBILITIES
7.1 Cooperation and Information
Client agrees to provide timely and accurate information, materials, and feedback as reasonably requested by Tower Digital. Delays in providing such information may result in delays in service delivery, for which Tower Digital shall not be liable. Failure to respond to Tower Digital requests within fourteen (14) days constitutes a material breach and may void the Ranking Guarantee as described in Section 15.16.7.2 NAP Consistency
Client is responsible for maintaining consistent NAP (Name, Address, Phone number) information across all online platforms including but not limited to the Tower Digital managed website, Google Business Profile, social media profiles, Zillow, Realtor.com, broker websites, and all third-party directories. Client must notify Tower Digital immediately of any NAP change. Inconsistent NAP information across platforms is a known negative ranking factor and Tower Digital cannot be held responsible for ranking impacts caused by Client's inconsistent or inaccurate NAP information.7.3 No Unauthorized Third-Party Services or Code
Client agrees not to engage any third-party SEO services, link building campaigns, backlink acquisition tools, citation farms, or automated directory submission services simultaneously with Tower Digital services without prior written approval. Client further agrees not to install any third-party code, plugins, scripts, tracking pixels, chat tools, lead capture tools, or any other external software or integrations on the Tower Digital managed website without prior written approval from Tower Digital. Unauthorized third-party services or code installations are a material breach of these Terms and immediately void the Ranking Guarantee described in Section 15.16. Tower Digital accepts no responsibility for ranking impacts, security vulnerabilities, or performance degradation caused by unauthorized third-party code or services.7.4 No Unauthorized Site Modifications
Client agrees not to modify H1 headings, URL structure, page titles, meta descriptions, site architecture, or location pages without prior written approval from Tower Digital. Where Tower Digital advises against a requested modification and Client insists on proceeding, Client must provide written acknowledgment accepting sole responsibility for any resulting ranking or performance impact before the modification will be implemented. Such modifications, if implemented over Tower Digital's written objection, immediately void the Ranking Guarantee.7.5 Google Business Profile
Where applicable, Client is responsible for creating and verifying their own Google Business Profile (GBP) and adding Tower Digital as a manager. Tower Digital will provide setup instructions at no additional charge at the Standard service tier, or will manage the setup process at the Managed service tier. Client's failure to establish and maintain an active GBP affects the scope of achievable ranking results and the applicability of the Ranking Guarantee as described in Section 15.16.7.6 Compliance with Laws
Client agrees to use Tower Digital's services in compliance with all applicable laws, regulations, and industry standards. Client shall not use Tower Digital's services for any illegal, harmful, fraudulent, or objectionable purpose.7.7 Account Security
Client is responsible for maintaining the confidentiality of any account credentials provided by Tower Digital and must immediately notify Tower Digital of any unauthorized access or security breach.7.8 Professional Conduct
Client agrees to engage with Tower Digital and its staff in a professional and respectful manner. Repeated patterns of inappropriate, harassing, threatening, or abusive communication directed toward Tower Digital, its officers, staff, or contractors will not be tolerated and may result in immediate termination of services without refund.8. REPRESENTATIONS AND WARRANTIES
8.1 Client Warranties
Client represents and warrants that it has the legal authority to enter into this agreement, all information provided is accurate and complete, it owns or has proper license to all materials provided, and its use of Tower Digital's services will not violate any applicable laws or third-party rights.8.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 15.9 (RANKING GUARANTEE PROGRAM), TOWER DIGITAL'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOWER DIGITAL DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.8.3 Search Engine Algorithm Disclaimer
Client acknowledges that search engine algorithms, ranking factors, and platform policies are controlled entirely by third parties (including Google, Bing, and others) and are subject to change at any time without notice. Tower Digital has no control over search engine algorithms and cannot be held liable for ranking fluctuations caused by algorithm updates, competitor actions, market changes, or any other factors outside Tower Digital's direct control. Tower Digital will make good-faith efforts to adapt strategies in response to algorithm changes but does not guarantee that prior ranking positions will be maintained following any such change.9. LIMITATION OF LIABILITY
9.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOWER DIGITAL, ITS OWNERS, AGENTS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.9.2 Maximum Liability
TOWER DIGITAL'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO TOWER DIGITAL DURING THE CURRENT BILLING CYCLE IN WHICH THE ALLEGED BREACH OCCURRED.9.3 Time Limitation
Any cause of action or claim must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.10. INDEMNIFICATION
Client agrees to defend, indemnify, and hold harmless Tower Digital, LLC, its owners, officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from: Client's use of Tower Digital's services; Client's violation of any term of these Terms; Client's violation of any third-party right including any copyright, property, or privacy right; and any claim that Client's content or materials caused damage to a third party.11. CONFIDENTIALITY
11.1 Definition
"Confidential Information" means any non-public information disclosed by either party to the other, including but not limited to business plans, customer lists, financial information, marketing strategies, and proprietary technology.11.2 Obligations
Each party agrees to hold the other party's Confidential Information in strict confidence, not disclose it to any third party, use it only for purposes of performing obligations under these Terms, and take reasonable measures to protect it from unauthorized disclosure.11.3 Exclusions
Confidential Information does not include information that was in the public domain at the time of disclosure, becomes public after disclosure through no fault of the receiving party, was known to the receiving party prior to disclosure, or is lawfully obtained from a third party without restriction.12. DISPUTE RESOLUTION
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois.12.2 Jurisdiction and Venue
ANY LITIGATION ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED IN MCHENRY COUNTY, ILLINOIS.12.3 Alternative Dispute Resolution
Before filing any legal action, the parties agree to attempt in good faith to resolve any dispute through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before an impartial mediator in McHenry County, Illinois. The costs of mediation shall be shared equally.12.4 Attorneys' Fees
The prevailing party in any dispute shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms, together with any Service Agreement or other documentation provided by Tower Digital, constitute the entire agreement between the parties and supersede all prior communications and proposals.13.2 Severability
If any provision is found unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms remain in full force and effect.13.3 No Waiver
Tower Digital's failure to enforce any right or provision shall not be deemed a waiver. Any waiver will be effective only if in writing and signed by Tower Digital.13.4 Assignment
Client may not assign or transfer these Terms or any rights hereunder without prior written consent of Tower Digital. Tower Digital may assign or transfer these Terms without restriction.13.5 Force Majeure
Tower Digital shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil disorder, fire, floods, network infrastructure failures, strikes, government actions, or search engine algorithm changes.13.6 Notices
All notices to Tower Digital must be sent in writing to support@towerdigital.org. Notices to Client may be sent to the email address on file.13.7 Independent Contractor
Tower Digital is an independent contractor. Nothing in these Terms shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship.13.8 Changes to Terms
Tower Digital reserves the right to modify these Terms at any time. Updated Terms will be posted on our website. Client's continued use of services after such changes constitutes acceptance of the modified Terms.14. PRIVACY POLICY
14.1 Information Collection and Use
Tower Digital collects and uses personal information to provide and maintain services, notify clients about changes, provide customer support, gather analysis to improve services, monitor usage, and detect and prevent technical issues. Types of information collected include contact information, billing information, website usage data, communication data, and content and materials provided by Client.14.2 Information Sharing and Disclosure
Tower Digital may disclose personal information to comply with legal obligations, protect Tower Digital's rights or property, prevent wrongdoing, protect user safety, service providers performing services on Tower Digital's behalf, and in connection with a merger, sale, or acquisition.14.3 Data Security
Tower Digital takes reasonable measures to protect personal information but cannot guarantee absolute security. No method of transmission over the internet is 100% secure.14.4 Data Retention
Tower Digital will retain personal information only as long as necessary for the purposes set out in this Privacy Policy.14.5 Cookies and Tracking
Tower Digital may use cookies, web beacons, pixels, and similar tracking technologies. You can instruct your browser to refuse all cookies.14.6 Children's Privacy
Services are not intended for use by children under the age of 13. Tower Digital does not knowingly collect information from children under 13.14.7 Your Rights
Depending on your location, you may have rights to access, correct, delete, or port your personal information. To exercise these rights, contact support@towerdigital.org.14.8 Changes to Privacy Policy
Tower Digital may update this Privacy Policy at any time. Changes are effective when posted to the website.15. ADDITIONAL PROVISIONS
15.1 Website Backups
Tower Digital may, but is not obligated to, perform regular backups. Tower Digital makes no warranties regarding the availability, completeness, or recoverability of backup data.15.2 Third-Party Integrations
Tower Digital may utilize third-party services in providing services to Client. Tower Digital makes no warranties regarding the availability, performance, or security of such third-party services.15.3 Content Approval
Client is responsible for reviewing and approving all content prior to publication. Failure to respond to approval requests within three (3) business days shall constitute automatic approval.15.4 Electronic Signature
Client's payment for services, use of services, form submission acknowledgment, or acknowledgment via email or other electronic means shall constitute electronic signature and acceptance of these Terms.15.5 Digital Marketing Services
For digital marketing services including SEO, paid advertising, social media, and reputation management: Tower Digital retains full control over marketing strategies, keyword selection, ad copy, and campaign management. Client acknowledges that search engine algorithms and digital advertising platforms may change at any time. All accounts, logins, and profiles created for marketing purposes remain the property of Tower Digital unless otherwise specified in writing. Upon termination, Tower Digital may at its sole discretion suspend, delete, or transfer ownership of any marketing accounts.15.6 Client Acknowledgment of SEO Factors
Client acknowledges that SEO results are influenced by numerous factors outside Tower Digital's control including search engine algorithm changes, competitor activities, market conditions, Client's own actions on the managed website, Client's NAP consistency across platforms, and the presence and quality of Client's Google Business Profile. Tower Digital commits to providing services with professional skill and care and in accordance with current industry best practices.15.7 Survival
Sections 3, 5, 8, 9, 10, 11, 12, 15.8 through 15.16, and any other provisions that by their nature should survive termination shall survive the termination of these Terms.15.8 Scope of Services and Change Orders
The services provided by Tower Digital are limited to those described in the applicable Service Agreement, Statement of Work, or other written documentation provided at the time of engagement. Any request by Client for services, features, functionality, integrations, platforms, tools, or deliverables not expressly included in the original scope constitutes a change in scope and is not covered by the existing service fee. Tower Digital has no obligation to fulfill out-of-scope requests under existing pricing. Out-of-scope requests require a separate written change order signed by both parties and may be subject to additional setup fees, monthly fees, or one-time project fees at Tower Digital's sole discretion. Tower Digital's good-faith discussion of any requested feature or service — whether by phone, email, video call, or any other communication channel — does not constitute a commitment to provide that feature or service and does not modify the original scope unless confirmed in a signed written change order. Client acknowledges that verbal discussions regarding potential features are exploratory only and create no binding obligation on Tower Digital.15.9 Failed, Returned, or Disputed Payments
In the event any payment is returned, declined, or reversed for any reason including but not limited to insufficient funds, card disputes, bank errors, or chargebacks, Client's account is considered immediately in default. A returned payment fee of fifty dollars ($50.00 USD) is assessed in addition to any applicable late fees. Tower Digital reserves the right to suspend all services immediately and without further notice upon payment failure. Reinstatement requires payment of all outstanding balances, the returned payment fee, and a reactivation fee of two hundred dollars ($200.00 USD) before services resume. Client agrees not to initiate chargebacks or payment disputes with their financial institution for services rendered. In the event Client initiates a chargeback, Tower Digital reserves the right to immediately suspend all services, pursue collection of all outstanding amounts including legal fees and collection costs, and report the matter to relevant agencies. Tower Digital's records of services rendered shall be conclusive for purposes of any payment dispute. Client bears the burden of demonstrating non-performance by clear and convincing evidence.15.10 Browser Compatibility and Accessibility
Tower Digital designs and develops websites to function with current versions of major modern web browsers including Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge at the time of build. Tower Digital does not guarantee compatibility with outdated, legacy, or discontinued browsers including but not limited to Internet Explorer, nor with browser versions released after the site launch date without a separate maintenance engagement. Tower Digital makes reasonable good-faith efforts to implement accessibility best practices but does not guarantee compliance with any specific accessibility standard including WCAG 2.0, WCAG 2.1, ADA Title III, or Section 508. Client is solely responsible for consulting appropriate legal counsel regarding any accessibility compliance obligations specific to Client's business, industry, or jurisdiction. Tower Digital shall bear no liability whatsoever for any claims, regulatory actions, penalties, or damages arising from accessibility non-compliance.15.11 Preview Site Offer — Expiration and Limitations
Where Tower Digital offers to build a preview website for a prospective client prior to payment as a demonstration of Tower Digital's capabilities ('Preview Offer'), such Preview Offer expires thirty (30) days from the date the preview site is first delivered or made accessible to the prospective client. If the prospective client does not execute a signed Service Agreement and submit required payment within thirty (30) days of preview delivery, the Preview Offer expires automatically without notice and Tower Digital reserves the right to take down, repurpose, or permanently delete the preview site at its sole discretion. Tower Digital has no obligation to maintain, preserve, re-deliver, or reconstruct any expired preview site under any circumstances. A new Preview Offer, if extended at Tower Digital's sole discretion, is subject to then-current pricing, terms, and availability. Preview sites are the exclusive intellectual property of Tower Digital at all times. No rights to the preview site or its contents are transferred to any prospective client under any circumstances, including if the prospective client engages a competing provider after receiving a preview. The Preview Offer is provided at Tower Digital's sole discretion and Tower Digital reserves the right to decline to build a preview site for any prospective client without explanation.15.12 Rate Adjustments
Tower Digital reserves the right to adjust monthly service fees at any time upon thirty (30) days written notice to Client at the email address on file. Adjusted rates take effect on the first billing date following the thirty-day notice period. Client's continued use of Tower Digital's services after a rate adjustment constitutes irrevocable acceptance of the new rate. If Client does not accept an adjusted rate, Client's sole remedy is to terminate services in accordance with Section 4.2 before the new rate takes effect. No grandfathered, legacy, or verbally agreed rate is binding on Tower Digital beyond the current signed Service Agreement term unless confirmed in a separately executed written amendment signed by Tower Digital. Tower Digital's voluntary maintenance of below-market rates for any client at any time does not create a contractual obligation to maintain those rates indefinitely and does not constitute a waiver of Tower Digital's rights under this clause.15.13 Communications Compliance — CAN-SPAM and TCPA
By submitting any form on Tower Digital's website, executing a Service Agreement, or otherwise providing contact information to Tower Digital, Client and prospective clients expressly consent to receive communications from Tower Digital including but not limited to emails, phone calls, and text messages regarding Tower Digital's services, account status, billing matters, and related business communications. Tower Digital's email communications comply with the CAN-SPAM Act. Recipients may opt out of marketing emails at any time by following the unsubscribe instructions in each email or contacting support@towerdigital.org. Transactional and account-related emails are not subject to opt-out. By providing a mobile phone number, Client expressly consents to receive text messages from Tower Digital including automated messages regarding account status, service updates, billing, and follow-up communications pursuant to the Telephone Consumer Protection Act (TCPA). Message and data rates may apply. Text STOP to opt out of marketing text messages. Consent to receive communications is not a condition of purchasing any service. Tower Digital is not liable for any claims arising from Client providing an incorrect, outdated, or third-party phone number or email address.15.14 Professional Recommendations — Verbal and Written
Tower Digital's professional recommendations regarding website strategy, SEO architecture, H1 headings, URL structure, location pages, Google Business Profile setup, NAP consistency, content decisions, keyword targeting, and any other aspect of digital marketing strategy constitute professional advice regardless of the format or channel through which they are delivered. Professional recommendations delivered verbally by telephone, video call, voice message, or in-person conversation carry equal professional and legal weight to recommendations delivered in writing by email, text message, or formal written communication. Tower Digital's failure to reduce any verbal recommendation to writing in any specific instance does not diminish the standing of that recommendation, does not constitute a waiver of Tower Digital's rights under these Terms, and does not reduce Client's responsibility for decisions made contrary to it.Where Client elects to proceed with any action contrary to Tower Digital's professional recommendation — whether such recommendation was delivered verbally, in writing, or both — Client assumes sole, complete, and irrevocable responsibility for all consequences of that decision including but not limited to loss of search engine rankings, reduction in organic traffic, loss of Google Business Profile standing, loss of local map pack visibility, indexing penalties, and any associated loss of business or revenue. Tower Digital bears no liability whatsoever for any ranking declines, traffic losses, performance degradation, or business impacts resulting from Client-directed changes made contrary to Tower Digital's recommendation in any format.
Tower Digital's standard practice is to follow up significant verbal recommendations with a written confirmation by email. However, Tower Digital's inability or failure to provide written follow-up in any specific instance creates no liability for Tower Digital, does not alter the professional standing of the verbal recommendation, and does not constitute a waiver of any rights or protections under these Terms.
In any dispute regarding whether a recommendation was made, the substance of a recommendation, the format in which it was delivered, or Client's acknowledgment of it, Tower Digital's internal records including but not limited to emails, text messages, call logs, notes, invoices, and internal documentation shall be considered presumptively accurate and shall constitute prima facie evidence of the recommendation as recorded. The burden of rebutting Tower Digital's records rests solely and entirely with Client and must be established by clear and convincing evidence. Client's inability to independently document that a recommendation was not made, or was made differently than Tower Digital's records reflect, shall be construed in Tower Digital's favor.
15.15 Market Complexity Waiver
For Clients operating in markets determined by Tower Digital in its sole reasonable discretion to be highly competitive (including but not limited to major metropolitan areas, or markets with unusually high keyword competition), Tower Digital may issue a written Market Complexity Waiver at the time of engagement. Such a waiver may modify the guarantee timeline described in Section 15.16, adjust the definition of ranking benchmarks for that specific market, or exclude the guarantee program entirely for that engagement. Any Market Complexity Waiver will be provided in writing and signed by both parties prior to service commencement. Absence of a signed Market Complexity Waiver means the standard Ranking Guarantee terms of Section 15.16 apply.15.16 Ranking Guarantee Program
Tower Digital guarantees that Client's website will achieve indexed organic search visibility on Google for Client's name and/or primary business name ("Ranking Guarantee") within ninety (90) days of site launch. If this benchmark is not achieved within 90 days, Tower Digital will continue providing services at no additional charge until it is achieved, subject to the conditions and void provisions set forth below.The Ranking Guarantee is defined as verified appearance in Google organic search results for a search query consisting of Client's personal name or primary business name. The Ranking Guarantee does not constitute a guarantee of any specific position number, page one placement for competitive market keywords, placement in Google's local map pack (3-pack), paid search results, or any revenue or lead generation outcome.
Conditions required to activate and maintain the Ranking Guarantee:
- Client must create and verify a Google Business Profile (GBP) and add Tower Digital as a manager within thirty (30) days of site launch. At the Standard service tier, Tower Digital will provide setup instructions. At the Managed service tier, Tower Digital will manage the setup process. Failure to establish an active verified GBP within 30 days suspends the guarantee clock until GBP is active.
- NAP (Name, Address, Phone number) must be identical across all online platforms throughout the guarantee period. Client must notify Tower Digital immediately of any NAP change.
- No modifications to H1 headings, URL structure, page titles, meta descriptions, site architecture, or location pages may be made without prior written Tower Digital approval.
- No third-party SEO services, link building, backlink acquisition tools, citation farms, or automated directory submission services may be used simultaneously.
- No third-party code, plugins, scripts, tracking pixels, chat tools, lead capture tools, or any other external software may be installed on the Tower Digital managed website without prior written Tower Digital approval.
- Client must not engage another web design or SEO provider for overlapping services without written notice to Tower Digital.
- Client must respond to Tower Digital requests for content, photos, or business information within fourteen (14) days.
- Violation of any condition listed above
- Installation of any unauthorized third-party code or software on the managed website
- Client modification of SEO-critical site elements (H1, URLs, meta titles, location pages) without prior written Tower Digital approval, including modifications made over Tower Digital's written objection
- Use of any third-party SEO, link building, or citation service without prior written Tower Digital approval
- Client's failure to maintain NAP consistency across platforms
- Termination of services by Client prior to achieving the ranking benchmark
The Ranking Guarantee represents Tower Digital's commitment to Client's digital visibility. It does not constitute a guarantee of business results, lead generation, revenue, or return on investment. Client acknowledges that ranking alone does not guarantee business outcomes, which are influenced by many factors outside Tower Digital's control including Client's own business operations, pricing, reputation, market conditions, and the quality of Client's follow-up with leads generated through digital presence.
15.17 Google Business Profile — Map Pack Disclaimer
Placement within Google's local map pack (3-pack) is influenced by numerous factors including proximity of the searcher to Client's business location, GBP authority, review quantity and quality, and competitive landscape. Tower Digital does not guarantee map pack placement at the Standard service tier. Clients at the Managed service tier receive active GBP management designed to maximize map pack eligibility, but no specific map pack position is guaranteed at any tier.15.18 Marketing Use, Likeness, Testimonials, and Case Study Authorization
By engaging Tower Digital's services and accepting these Terms, Client grants Tower Digital a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, publish, display, and distribute the following for Tower Digital's marketing, advertising, promotional, educational, and business development purposes, in any medium or format now known or hereafter developed, including but not limited to websites, social media platforms, paid advertising, email marketing, print materials, presentations, trade publications, case studies, and portfolio displays:- Client's business name, trade name, and brand identity
- Client's website URL, website design, website screenshots, and website content created by Tower Digital
- Before-and-after comparisons of Client's prior digital presence versus Tower Digital's work product
- Google search result screenshots, ranking data, Google Business Profile screenshots, and other search engine result page (SERP) imagery showing Client's rankings and digital visibility
- Google Analytics data, traffic data, and performance metrics (presented in aggregate or anonymized form at Tower Digital's discretion)
- Client's name, professional title, photograph, headshot, and likeness where voluntarily provided to Tower Digital or publicly available through Client's professional profiles
- Testimonials, reviews, quotes, and endorsements provided by Client verbally, in writing, via email, via text message, or through any other communication channel, with or without attribution to Client by name
- Geographic market information describing the territory or market area served by Client
- General descriptions of the services provided to Client and the results achieved
Client represents and warrants that Client has the right to grant this authorization with respect to all materials Client provides to Tower Digital, including but not limited to photographs, headshots, and written content, and that Tower Digital's use of such materials as authorized herein will not infringe any third-party rights.
Client may request removal of specific identifiable materials from active Tower Digital marketing campaigns by submitting a written request to support@towerdigital.org. Tower Digital will make commercially reasonable efforts to honor such requests on a prospective basis within thirty (30) days of receipt. Removal requests do not apply retroactively to materials already published, distributed, or incorporated into archived content, and do not affect Tower Digital's right to retain such materials in its internal records and portfolio.
This authorization survives termination of the service engagement. Tower Digital's right to reference Client as a former client and to retain and display work product created for Client as portfolio evidence of Tower Digital's capabilities is perpetual and irrevocable.