These terms and conditions agreement is made by and between The Medical Marketing and Consulting Group, LLC (“TMMG”), an Arizona limited liability company, and the client (“Customer”), and governs the provision of marketing, web development, and consulting services (“Services”) by TMMG. Notwithstanding TMMG’s role, all billing, collections, and invoicing shall be conducted exclusively by Belanger Enterprises, Inc., an Arizona corporation. Customer agrees that all payments will be made to Belanger Enterprises, Inc.
- Governing Provisions
These Terms and Conditions (“Conditions”) and any associated Services Order (“Order”) collectively constitute the full and binding agreement (“Agreement”) between Customer and TMMG and supersede any prior oral or written understandings.
- Services
TMMG shall perform the Services as described in the Order and in accordance with these Conditions. TMMG’s obligations are contingent on Customer’s timely provision of (i) accurate and complete information, (ii) prompt review and approval of drafts or materials, and (iii) confirmation that all “Customer Content” is truthful, lawful, and not misleading.
2.1 Website
TMMG will provide a website optimized for major search engines but makes no guarantee of ranking or placement. A gallery of non-exclusive template designs will be made available, with standard branding integration. TMMG shall deliver basic content and functionality. Customer shall have editing access within 14 business days of receipt of initial payment and shall be responsible for providing personalized content and imagery.
2.2 Domain Setup and Control
If Customer does not have a domain, TMMG will assist in acquiring one. Customer agrees to transfer control and ownership of any domain used in connection with the Services to TMMG for the duration of the Agreement. TMMG shall maintain control of the domain as collateral for any unpaid balances.
Upon termination of this Agreement and confirmation that the Customer’s account is in good standing with no outstanding balances, TMMG will initiate the transfer of domain ownership back to the Customer no later than fifteen (15) days after the termination date.
Customer acknowledges that TMMG does not guarantee the time it takes for the domain transfer to be completed, as transfer duration is dependent on third-party factors outside of TMMG’s control, including but not limited to the policies and responsiveness of domain registrars involved.
2.3 Advanced Web Marketing (Select Tiers)
Customer authorizes TMMG to create and submit content on Customer’s behalf to web-based platforms, including social media and press releases. Customer is responsible for any contracts made directly with third-party platforms and should review their terms separately.
2.4 Video Creation and Advertising (Select Tiers)
Videos produced by TMMG include on-location shooting, scripting, and editing as described. Approval will be deemed granted if Customer does not respond within 5 business days of review access. Shoot cancellations made within 48 hours of scheduled time may incur fees.
- Payments
Customer agrees to pay the fees listed in the Order. All payments must be made to Belanger Enterprises, Inc.. Payments are due in advance and are non-refundable. Delays in Customer content or domain transfers shall not delay billing.
A 10% late fee will be assessed one time on any payment not received within three (3) days of the due date.
Customer agrees to pay a 25% markup (not itemized) on all third-party licenses, plugins, domains, or other items required by TMMG to fulfill the Services.
TMMG may suspend Services for non-payment, and any such suspension shall not affect Customer’s liability for the full Agreement Term.
Client-requested meetings involving TMMG and a third-party vendor selected by the client will be billed at $125 per hour.
- Term and Termination
This Agreement has an initial term of 60 months and renews automatically in 3-month increments unless terminated in writing at least 60 days before the current term ends. If Customer terminates early, all fees for the full term remain due.
- License
Customer grants TMMG a non-exclusive license to use Customer Content, trademarks, and name for performance of Services. TMMG reserves the right to include its logo or hyperlink in Customer’s site footer and to publicly showcase the work.
- Call Recording
Customer consents to TMMG recording inbound and outbound calls, including those with third parties or prospective clients. Customer is responsible for notifying its staff or agents of this practice and ensuring legal compliance.
- Ownership
Customer retains rights to Customer Content. TMMG retains all rights in original materials created in connection with Services, including website templates, graphics, video content, and code, unless otherwise agreed in writing.
- Terms of Use and Service Modifications
TMMG reserves the right to discontinue Services for violations of law, policy, or abuse of services. TMMG may modify systems, vendors, and processes without notice to enhance service delivery.
Customer warrants it owns all content and intellectual property provided to TMMG, and that such content does not violate laws or third-party rights.
- Limitation of Liability
TMMG shall not be liable for indirect, incidental, or consequential damages. TMMG’s liability is limited to the amount paid by Customer in the one (1) month preceding the claim.
- Non-Disparagement
Customer agrees not to publicly disparage TMMG or its officers, employees, or affiliates during or after the term of this Agreement.
- Governing Law and Venue
This Agreement shall be governed by Arizona law, with exclusive jurisdiction and venue in Tucson, Arizona. Any disputes shall be adjudicated in Pima County. Any invalid provision shall not affect the enforceability of the remainder of the Agreement.12. Photo Editing by Third-Party Vendors
12. If Customer requests photo edits or if TMMG determines that photo editing is required in connection with the Services and such editing must be outsourced to a third-party vendor, Customer agrees to be billed at the then-current hourly rate.
As of April 2025, the standard billing rate for third-party photo editing is $75 per hour. This rate is subject to change at TMMG’s discretion without prior notice. Charges for outsourced photo editing will be invoiced separately and are due upon receipt.