Effective Date: December 2025
Welcome to Mobi9Tech Digital Marketing (“Mobi9Tech,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.
Mobi9Tech provides digital marketing and technology solutions including, but not limited to: web development and design (Smart Site Solution), search engine optimization (SEO) and Answer Engine Optimization (AEO), CRM implementation and workflow automation, digital advertising management, email and SMS marketing, tech stack consulting, and custom application development.
The specific scope of services provided to each client will be outlined in a separate Statement of Work (SOW) or service agreement that references these Terms.
To ensure successful project delivery, clients agree to: provide accurate and complete information required for service delivery; respond to requests for feedback, approvals, and information in a timely manner; designate a primary point of contact for project communications; grant necessary access to platforms, accounts, and systems as required for service delivery; review and approve deliverables within agreed-upon timeframes; and ensure all content provided to Mobi9Tech does not infringe upon third-party intellectual property rights.
Service fees are outlined in your individual proposal or service agreement. One-time project fees are due according to the payment schedule specified in your agreement. Monthly retainer fees are billed in advance on the anniversary of your agreement signing date each month.
Certain services require minimum commitment periods. Unless otherwise specified, SEO services, digital advertising management, ongoing retainer support, and custom application hosting require a three (3) month minimum term. Retainer agreements auto-renew every three months unless cancelled with thirty (30) days written notice before the renewal date.
Invoices not paid within thirty (30) days of the due date may be subject to a late fee of one and a half percent (1.5%) per month. Mobi9Tech reserves the right to suspend services for accounts more than thirty (30) days past due.
All fees paid are non-refundable. This includes, but is not limited to, one-time project fees, monthly retainer fees, setup fees, and any other charges. Once payment is made, it will not be refunded regardless of whether the client chooses to discontinue services, terminates the agreement early, or for any other reason. Clients are encouraged to carefully review all service agreements before making payment.
Clients retain all rights to materials, content, and intellectual property they provide to Mobi9Tech for use in projects. Clients grant Mobi9Tech a limited license to use such materials solely for the purpose of providing the agreed-upon services.
Upon full payment, clients receive ownership of custom deliverables created specifically for their project, including website designs, custom graphics, and written content. Mobi9Tech retains ownership of proprietary methodologies, templates, frameworks, and tools used in service delivery.
Projects may incorporate third-party assets such as stock images, fonts, or software plugins. These assets remain subject to their respective license terms, and clients are responsible for maintaining compliance with such licenses.
We believe your data belongs to you. All client data, contact lists, customer information, and business records remain the sole property of the client. We build systems designed to eliminate vendor lock-in and ensure you maintain control of your data.
Mobi9Tech implements reasonable security measures to protect client data. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. Confidential information includes, but is not limited to: business strategies, customer lists, financial information, technical processes, and any information marked as confidential. This obligation survives termination of services for a period of two (2) years.
Mobi9Tech warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. If deliverables do not meet agreed-upon specifications, we will make reasonable efforts to correct deficiencies at no additional cost.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MOBI9TECH DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While we strive to deliver measurable results, Mobi9Tech cannot guarantee specific outcomes such as search engine rankings, advertising performance metrics, lead generation volumes, or revenue increases. Digital marketing success depends on numerous factors outside our control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBI9TECH’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL MOBI9TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Client agrees to indemnify, defend, and hold harmless Mobi9Tech, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from: client’s breach of these Terms; client’s violation of any law or third-party rights; content or materials provided by client; or client’s use of deliverables in a manner not authorized by these Terms.
Clients may terminate services by providing thirty (30) days written notice. Early termination of minimum-term agreements may be subject to early termination fees as specified in your service agreement.
Mobi9Tech may terminate services immediately upon written notice if: client fails to pay fees when due; client breaches any material term of these Terms; or continuing services would require Mobi9Tech to violate any law or regulation.
Upon termination: client shall pay all fees for services rendered through the termination date; Mobi9Tech will provide reasonable assistance in transitioning services and data to client or a successor provider; all licenses granted hereunder shall terminate except for completed and paid-for deliverables; and confidentiality obligations shall survive termination.
In the event of any dispute arising from these Terms or services provided, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, the parties agree to submit the dispute to mediation before pursuing any other remedies. The mediation shall take place in Fredericksburg, Virginia, unless the parties agree otherwise.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Virginia.
Mobi9Tech reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated effective date. For clients with active service agreements, material changes will be communicated directly and will apply to renewal terms. Continued use of our services after changes are posted constitutes acceptance of the modified Terms.
These Terms, together with any applicable Statement of Work or service agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Client may not assign or transfer these Terms without Mobi9Tech’s prior written consent. Mobi9Tech may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
For questions about these Terms or our services, please contact us: Mobi9Tech Digital Marketing Fredericksburg, Virginia Website: mobi9tech.com