Terms of Service

1. About These Terms

These Terms of Service ("Terms") are a contract between you and Tran New Media, Inc. d/b/a Marketing Access Pass ("Marketing Access Pass," "we," "us," or "our"), 975 E. Riggs Rd., #12-175, Chandler, AZ 85249. They apply when you use marketingaccesspass.com (the "Site"), request a proposal or free website audit, or hire us for a project.

By using the Site, you agree to the sections of these Terms that apply to the Site. By accepting a Proposal or paying one of our invoices, you agree to all of these Terms. If you are agreeing for a business, you confirm you have authority to bind that business, and "you" means the business.

2. Definitions

"Proposal" means the written proposal, quote, or estimate we send you that describes a project's scope, price, payment schedule, and timeline.

"Project" means the work described in a Proposal you accept, including any ongoing services such as hosting or maintenance.

"Your Website" means the website we design, build, redesign, migrate, host, or maintain for you.

"Your Content" means your business name, logo, photos, text, reviews, testimonials, and other materials that come from you or your business, including any text we write that you approve.

"Our Materials" means the designs, layouts, code, templates, and other materials we create or use to build and run websites, other than Your Content.

"Launch" means the date Your Website goes live on your domain.

3. Proposals and Scope

(a) Each Project is described in its Proposal. If a Proposal conflicts with these Terms, the Proposal controls only as to scope, price, payment schedule, and timeline.

(b) Work that is not in your Proposal, such as extra pages, new features, or major changes after you approve a design, is extra work. We will quote it and get your approval before we start.

(c) Timelines are estimates, not guarantees. They depend on you sending content, feedback, and approvals when we need them. If a Project is waiting on you for an extended time, we may pause it and reschedule it when you are ready.

4. Fees, Invoices, and Payment

(a) Fees. You agree to pay the fees in your Proposal, plus any applicable taxes. We send invoices through FreshBooks, and card payments are processed by Stripe.

(b) When payment is due. Payments are due as stated in your Proposal or invoice.

(c) Late payments. If an invoice remains unpaid more than ten (10) days after it is due, we may pause work on your Project, or pause hosting or maintenance services, until it is paid.

(d) Refunds. Fees for work we have already done are not refundable, except where required by law or where your Proposal says otherwise.

(e) Ongoing services. If your Project includes ongoing services, such as hosting or maintenance, they are billed as stated in your Proposal and continue until you cancel in writing. Cancellation takes effect at the end of your current billing period. We will give you at least thirty (30) days' notice by email before any price increase for ongoing services.

5. Your Content and Approval

(a) Your rights. You confirm that you own Your Content or have permission to use it. If you are not sure whether you have the rights to a photo or other item, tell us and we will replace it.

(b) Approval before Launch. You will review Your Website before Launch. By approving Launch, you confirm that Your Content, including any text we wrote based on your business information, is accurate and that you have the right to use it.

(c) Accuracy. You are responsible for the accuracy of everything on Your Website. This includes your services, prices, offers, service areas, licenses, certifications, guarantees, and any claims about your results. It also includes making sure reviews and testimonials are real and used in compliance with applicable law, including the Federal Trade Commission's rules on reviews and endorsements.

(d) Our right to use Your Content. You give us permission to use Your Content to build, host, maintain, and improve Your Website. You also allow us to show Your Website in our portfolio unless you ask us not to.

(e) Removal. We may remove or decline to publish content that we believe is unlawful, infringing, misleading, or harmful.

6. Website Logins

You are responsible for keeping your login credentials secure and for all changes made through your account. We are not responsible for problems caused by edits you or others with your login make. If a fix is needed, we will let you know if it falls outside your Project before charging for it.

7. Ownership

(a) Your Content belongs to you, and your domain belongs to you.

(b) Once you have paid all fees for a Project in full, you own the final website we delivered for that Project, unless your Proposal says otherwise. Until then, we grant you a non-exclusive right to use Our Materials as part of Your Website.

(c) We keep ownership of our underlying templates, code libraries, and tools, and we may continue to use them for other clients.

(d) Some items, such as stock photos, premium fonts, themes, plugins, or other third-party software, are licensed from third parties and remain subject to their licenses. If you move Your Website away from our hosting, we will tell you which items you must license yourself.

8. Legal Content, Accessibility, and Compliance

(a) Legal Content. You are responsible for the legal and compliance materials on Your Website, including privacy policies, terms, cookie or consent notices, accessibility statements, refund policies, and disclaimers ("Legal Content"). We do not draft, review, or give advice about Legal Content. At your request, we will add Legal Content you provide or that you create with a third-party policy service you choose. We recommend talking with a qualified attorney about your legal obligations.

(b) Accessibility. We design our websites with the goal of meeting the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. However, we do not perform formal accessibility audits or testing with assistive technologies unless you purchase those services separately, and no website can be guaranteed to be fully accessible. Content you add or change, and content you provide, can affect accessibility. You are responsible for providing accurate descriptions of images (alt text) and captions or transcripts for videos you provide.

(c) No compliance promise. We do not represent or warrant that Your Website complies with the Americans with Disabilities Act, the European Accessibility Act, privacy laws, consumer protection laws, or any other law. Hosting, security, and maintenance are technical services, not legal compliance services. As the owner of your business, you are responsible for your business's compliance with the law.

(d) Forms and visitor information. If Your Website includes contact or intake forms, you decide what information they collect and are responsible for how you use and store it. You are also responsible for any privacy notices or consent language required by law. You should not use Your Website's forms to collect payment card numbers, health or medical information, Social Security numbers, or other sensitive information unless we have agreed in writing to set that up.

(e) Notice of claims. If you receive a demand letter, complaint, or lawsuit about Your Website's accessibility, privacy practices, or legal compliance, you agree to notify us in writing within five (5) business days.

9. Third-Party Services

Your Website and our services rely on third-party providers, such as hosting providers, WordPress, themes and plugins, and any booking, map, video, chat (including AI-powered chatbots), payment, or review tools you choose to use. Those providers are responsible for their own services, and we are not responsible for their availability, accessibility, privacy practices, or compliance.

10. Use of Software and AI Tools

We may use software tools, including artificial intelligence ("AI")-assisted tools, to help design, write, code, test, and maintain websites. We review and direct the work we deliver. Elements generated mainly by AI may not be eligible for copyright protection, and any rights you receive in those elements are limited to the rights we hold. You are responsible for reviewing all content before you approve it.

11. Acceptable Use

You may not use Your Website or our services for anything unlawful, deceptive, infringing, or harmful, including spam, malware, or content that violates others' rights. We may suspend or remove Your Website from our hosting if it is used in violation of this section or if it creates a security or legal risk, and we will tell you why when we can.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR YOUR PROPOSAL, OUR SITE, PROJECTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COMPLIANCE WITH LAWS, INCLUDING ACCESSIBILITY AND PRIVACY LAWS. WE DO NOT GUARANTEE THAT YOUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL ACHIEVE ANY PARTICULAR SEARCH ENGINE OR AI SEARCH RANKING, TRAFFIC, CALLS, LEADS, OR SALES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, ANY PROJECT, OR YOUR WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES YOU PAID US DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOST DATA. THIS LIMITATION DOES NOT LIMIT YOUR OBLIGATIONS UNDER SECTION 14 OR YOUR OBLIGATION TO PAY FEES.

14. Indemnification

You agree to defend, indemnify, and hold harmless Marketing Access Pass and its officers, employees, and contractors from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Your Content; (b) Legal Content; (c) changes made to Your Website by you or anyone using your login; (d) any claim that Your Website or your business violates the Americans with Disabilities Act, the European Accessibility Act, or any accessibility, privacy, data protection, or consumer protection law; or (e) your breach of these Terms. We will notify you promptly of any claim and reasonably cooperate in its defense. You may not settle a claim in a way that admits fault for us or places obligations on us without our written consent.

15. Using Our Site

The information on the Site is general information about our services and may change without notice. The Site's content, design, and portfolio examples belong to us or our licensors and may not be copied or reused without permission. Links to other websites are provided for convenience, and we are not responsible for their content.

16. Privacy

Our Privacy Policy explains how we collect and use information.

17. Changes to These Terms

We may update these Terms by posting the updated version on the Site. For clients with active Projects or ongoing services, we will also send notice by email at least fifteen (15) days before changes take effect, except for changes required by law or needed to protect security, which may take effect immediately. If you continue ongoing services after the effective date, you accept the updated Terms. If you do not agree, you may cancel before the effective date.

18. General

(a) Governing law and venue. These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Any lawsuit related to these Terms must be brought in the state or federal courts located in Maricopa County, Arizona.

(b) Disputes. Before filing a lawsuit, the person or business with the complaint will explain it in writing, and we will both try in good faith to resolve it within thirty (30) days. This does not prevent us from collecting unpaid fees.

(c) Assignment. You may not transfer a Project or these Terms without our written consent. We may transfer these Terms as part of a sale or reorganization of our business.

(d) Notices. We may send notices to the email address you gave us, and you may send notices to anthony@marketingaccesspass.com.

(e) Independent contractor. We are an independent contractor and not your partner, employee, or agent.

(f) Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. A failure to enforce any part of these Terms is not a waiver.

(g) Survival. Sections 4 (for amounts owed), 5, 7, 8, 12, 13, 14, and 18 survive the end of a Project.

(h) Entire agreement. These Terms, together with any Proposal you accept, are the entire agreement between us about their subject matter.

19. Contact

Marketing Access Pass, 975 E. Riggs Rd., #12-175, Chandler, AZ 85249 · anthony@marketingaccesspass.com · linh@marketingaccesspass.com · 1-800-793-1578