Terms of Service

Guardian Digital Group – Terms of Service

Effective Date: March 9, 2025

Welcome to Guardian Digital Group (“GDG,” “we,” “us,” or “our”). By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by the following Terms of Service (“ToS”). Please read these terms carefully before using our services.

1. Services Overview

Guardian Digital Group provides the following services:

Website Services: Design, development, managed hosting, maintenance, security, and performance optimization.
Digital Marketing: SEO, Google Ads, PPC management, analytics, and conversion tracking.
Custom Development: Feature enhancements and integrations upon request (additional fees apply).

Services are provided subject to these ToS and any additional agreements (e.g., project-specific contracts).

2. Third-Party Services

We utilize the following third-party services to deliver our offerings:

Kinsta: For premium managed WordPress hosting and DNS management.
Cloudflare: For security, CDN, and performance optimization.
AccessiBe: For AI-driven website accessibility compliance.

By using our services, you agree to comply with the terms and policies of these third-party providers, accessible via their respective websites.

3. Client Access & Permissions

We aim to balance security and client control while maintaining the integrity of our managed services. Access permissions are as follows:

Website Access:
- Clients receive Editor-level access to their WordPress dashboard by default.
- Administrator access may be granted upon request, subject to security verification (e.g., identity confirmation).
Hosting & Server Access:
- Direct access to Kinsta’s hosting panel is not provided to ensure system stability and security.
- Clients may request file exports (e.g., database or media files) via support, processed within 5 business days.
- Clients cannot modify hosting configurations directly; requests for changes must be submitted via support.
Plugin & Theme Management:
- Only GDG can install, remove, or modify plugins and themes to prevent compatibility or security issues.
- Requests for plugin/theme changes must be submitted via support and will be processed within 3 business days.
DNS Management:
- GDG uses Kinsta as the provider for DNS management.
- We do not provide access to Managed Amazon Route 53 DNS Management or other direct DNS management tools.
- Clients may request DNS changes (e.g., MX, CNAME, TXT records) by submitting a ticket to [support email]. Standard requests are processed within 48 business hours; urgent requests (e.g., email setup) within 24 hours, subject to a $50 expedited fee. GDG is not responsible for DNS propagation delays caused by external factors (e.g., ISP caching).

4. Ownership & Transferability

We respect your ownership rights while maintaining control over proprietary tools and third-party integrations.

Ownership:
- Clients own their website’s content, design, and data upon full payment of all outstanding fees.
Website Transfer:
- A downloadable copy of your website (e.g., files, database) is available upon request after clearing all outstanding balances.
- Full website migration services start at $500 (excludes third-party licenses and proprietary tools), with a 14-business-day processing period after final payment.
- DNS Transition Support: Upon transfer, GDG will provide a DNS record export (e.g., zone file) to assist with setup at your new provider. Clients are responsible for reconfiguring DNS settings with their new provider.
Non-Transferable Items:
- Kinsta hosting accounts, Cloudflare configurations, AccessiBe integrations, and DNS configurations managed through Kinsta remain under GDG’s control.
- Licensed plugins and themes (unless separately purchased by the client).
- Proprietary tools, scripts, and third-party integrations developed by GDG.
Intellectual Property for Custom Work:
- Custom development work (e.g., code, scripts) created by GDG remains the intellectual property of GDG unless explicitly transferred in writing. Clients are granted a non-exclusive license to use such work as part of their website.

5. Hosting, Security & Compliance

We provide robust hosting, security, and compliance tools while encouraging clients to take an active role in compliance.

Managed Hosting (Kinsta):
- Fully managed, high-performance hosting with daily backups.
- No self-managed hosting or third-party server installations are permitted.
Service Level Agreements (SLAs):
- GDG guarantees 99.9% uptime for managed hosting via Kinsta, excluding scheduled maintenance. In the event of downtime exceeding this threshold, clients may request a credit equivalent to 5% of their monthly hosting fee per hour of downtime, capped at 50%.
- For DNS management, GDG ensures propagation delays caused by GDG’s configurations are addressed within 24 hours.
Backup Policy:
- Daily encrypted backups are stored offsite for 30 days.
- Restoration services are included for technical issues (e.g., server failure) at no cost. Restores due to client errors (e.g., accidental deletion) incur a $75 fee per restoration.
- Clients are encouraged to maintain their own backups of critical data (e.g., via exported files provided upon request). GDG is not liable for data loss resulting from client errors or failure to maintain independent backups.
Security & Performance (Cloudflare):
- SSL encryption, firewalls, DDoS protection, malware scanning, and intrusion prevention are included.
- Enterprise-grade security settings apply to all hosted websites.
Accessibility (AccessiBe):
- Websites include AI-powered accessibility compliance via AccessiBe.
- GDG does not guarantee full legal compliance beyond the tools provided. Clients are responsible for ensuring their website meets applicable accessibility laws (e.g., ADA, WCAG) and are encouraged to conduct periodic manual audits by a third-party specialist.

6. Digital Marketing Services

We provide strategic marketing services while acknowledging the variability of outcomes.

SEO & PPC Advertising:
- Services include Google Ads, Facebook Ads, and organic SEO.
- No guaranteed rankings, ROI, or conversion rates due to market variables.
Social Media Marketing:
- Content creation, social media management, and influencer outreach are not included unless specified in a separate contract.
Ad Spend:
- Clients pay advertising platforms directly. GDG’s fees cover strategy, management, and optimization.
Budget & Campaign Adjustments:
- Changes to ad spend or strategy must be approved in writing by the client. GDG is not liable for accidental overspending unless explicitly stated in a written agreement.

7. Billing & Payments

We aim to ensure smooth and transparent billing processes.

Payment Processing (Stripe): All payments are securely processed through Stripe. We accept major credit/debit cards.
Billing Cycles: Clients choose monthly, quarterly, or annual billing at signup.
Automatic Renewal:
- All subscriptions auto-renew unless canceled at least 7 days before the next billing date.
- Clients are responsible for maintaining updated payment information.
Failed Payments:
- A 7-day grace period applies for failed payments.
- If unpaid after 7 days, services may be suspended. A $100 reactivation fee applies after 10 days of non-payment.
Refunds & Cancellations:
- No refunds for partial billing cycles.
- Annual and quarterly plans are non-refundable after the first 7 days.
- To cancel, submit a request via email at least 7 days before renewal.
Chargebacks & Disputes:
- Any disputed charge resulting in a chargeback will lead to immediate account suspension until resolved.
- Chargeback fees are $50 per dispute. Clients are encouraged to contact GDG directly to resolve billing disputes before initiating a chargeback (see Section 12: Dispute Resolution).

8. Support & Service Requests

We prioritize responsive and effective support for all clients.

Technical Support: Covers hosting, security, DNS management, and WordPress functionality.
Marketing Support: Covers ad management, analytics, and reporting.
Response Times:
- Standard requests: 24-48 business hours.
- Website outages: Immediate priority (within 2 hours).
- Non-critical marketing requests: 72 business hours.
Feature Development: New features, redesigns, or integrations require a separate contract and approval.

9. Client Responsibilities

Clients play an active role in ensuring compliance and appropriate use of services.

Content Accuracy: Clients must provide accurate, compliant content and ensure legal adherence (e.g., copyright, trademarks).
Compliance: Clients must follow Google Ads, Facebook, Kinsta, and other third-party policies.
Prohibited Activities:
- Deceptive marketing, illegal content, credential sharing, and spam.
- Hosting restricted content (e.g., gambling, adult content, cryptocurrency schemes).

10. Termination & Website Transfer

We aim for a smooth termination and transfer process when needed.

Client-Initiated Termination:
- Written notice required 30 days in advance.
- No refunds for prepaid services unless stated in the contract.
GDG-Initiated Termination:
- May occur for non-payment, violations of ToS, or security risks.
- Immediate suspension for illegal or prohibited content.
Minimum Commitment:
- New websites require a 12-month minimum service commitment.
- Early termination incurs a fee of 50% of the remaining contract value.
Transfer Process:
- Clients must submit a request and clear all outstanding balances.
- A 14-business-day processing period applies for full website transfers.

11. Data Privacy

We are committed to protecting your data in compliance with applicable laws.

Data Privacy:
- GDG complies with applicable data protection laws, including GDPR and CCPA. Client data is processed only to provide services and is not shared with third parties except as outlined in Section 2 (Third-Party Services).
- Clients may request a Data Processing Agreement (DPA) by emailing [support email].
- For DNS management via Kinsta, any data processed (e.g., domain-related information) adheres to Kinsta’s privacy policies, which clients are encouraged to review.

12. Dispute Resolution

We aim to resolve disputes fairly and efficiently.

Dispute Resolution:
- If a dispute arises, both parties agree to first attempt resolution through good-faith negotiation. Clients may submit a written complaint to [support email], and GDG will respond within 10 business days.
- If unresolved, disputes may proceed to mediation or arbitration in [specific jurisdiction] under [governing law].

13. Limitation of Liability

We limit our liability to ensure fairness while providing reliable services.

Limitation of Liability:
- To the maximum extent permitted by law, GDG’s liability for any damages arising from these services (including hosting, DNS management, or marketing) shall not exceed the fees paid by the client in the preceding 12 months.
- GDG is not liable for indirect, incidental, or consequential damages, including lost profits or data.

14. Force Majeure

We are not liable for events beyond our control.

Force Majeure:
- GDG is not liable for delays or failures in performance due to events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, or third-party service outages (e.g., Kinsta, Cloudflare). Affected services will resume as soon as reasonably possible.

15. Governing Law & Jurisdiction

These terms are governed by a specific legal framework.

Governing Law:
- These Terms of Service are governed by the laws of [State/Country], without regard to its conflict of law principles.
- Any legal actions arising from these terms shall be resolved in the courts of [City/State].

16. Updates to Terms of Service

We may update these terms to reflect changes in our services or legal requirements.

Updates to Terms:
- GDG may update these Terms of Service from time to time. Clients will be notified of changes via email or through the client portal at least 30 days before they take effect.
- Continued use of services after the update constitutes acceptance of the revised terms.

Analysis of the Revised ToS

This revised ToS maintains the original structure but enhances it with clarity, transparency, and fairness through the recommended additions. Below is an updated analysis of key aspects:

Strengths

Comprehensive Coverage: The addition of sections like Data Privacy, Dispute Resolution, SLAs, and Governing Law addresses critical gaps, aligning with industry standards.
Balanced Restrictions: While access to hosting, plugins, and DNS remains restricted, the ToS now provides clear processes for requesting changes (e.g., DNS updates within 48 hours, expedited options).
Client Empowerment: Recommendations like DNS transition support, client backup options, and accessibility guidance empower clients to take proactive steps.
Transparency: The ToS clearly outlines non-transferable items, IP ownership, and liability limits, reducing potential disputes.

Potential Concerns Addressed

DNS Management Restrictions: The process for DNS change requests (standard and expedited) mitigates frustration over restricted access to Managed Amazon Route 53 or other tools.
Dependency on GDG: Providing a DNS record export and clarifying IP ownership for custom work reduces dependency concerns during transfers.
Legal Risks: Sections on data privacy, accessibility responsibilities, and limitation of liability protect both GDG and clients from unforeseen legal issues.

Remaining Suggestions

Replace placeholder text (e.g., [support email], [specific jurisdiction]) with actual details.
Consider offering tiered service plans (e.g., “Basic” with restricted access vs. “Pro” with more control) to cater to diverse client needs.
Add a companion FAQ or guide to explain technical terms (e.g., Editor vs. Administrator access, DNS propagation) for non-technical clients.