Gold Flex Marketing (“GFM”) is a registered Assumed Name of Physicians Digital Services LLC (“PDS”). All services marketed under the Gold Flex Marketing name are provided by Physicians Digital Services LLC. References to Gold Flex Marketing, GFM, we, our, or us throughout these Terms and Conditions shall be deemed to refer to Physicians Digital Services LLC.
These Terms and Conditions (“Agreement”) govern the use of services provided by Gold Flex Marketing (“GFM,” “we,” “our,” or “us”). By engaging GFM for digital marketing services, the client (“Client,” “you”) agrees to be bound by the terms below.
Gold Flex Marketing provides professional digital marketing and online visibility services that aim to improve a Client’s presence across search engines, online directories, and emerging AI driven search platforms. Services may include, but are not limited to:
All services are performed in accordance with industry standards and best practices. Specific services, deliverables, timelines, and pricing are defined in the executed Service Agreement, Order Form, or verbal authorization and are incorporated herein by reference. In an effort to improve Client’s digital presence, GFM reserves the right to modify service methods to adapt to algorithm changes, platform updates, and evolving digital standards without prior approval from Client or notification to Client.
Gold Flex Marketing offers a performance-based first page results guarantee (the “Guarantee”) for qualifying SEO campaigns. The purpose of this Guarantee is designed to align GFM’s success with measurable client outcomes while recognizing the variable nature of search engine environments. The Guarantee applies to a minimum of two approved keywords selected collaboratively between GFM and the Client. The Guarantee shall be deemed as fulfilled so long as the placement of Client website is within the first page of Google organic search results for the agreed geographic market.
If the guaranteed results are not achieved within ninety (90) days from campaign activation, GFM will pause billing and continue working on the campaign at no additional cost until the Guarantee is deemed fulfilled, provided the Client remains in full compliance with this Agreement.
This Guarantee shall be void if results are delayed or prevented due to circumstances outside GFM’s reasonable control, including, but not limited to, failure by the Client to provide access, approvals, or accurate information, unauthorized website or SEO changes by Client, Client’s engagement of third-party marketing providers, significant algorithm updates, suspension of Client’s business operations, or delinquent payment status.
Client agrees to:
Client acknowledges that GFM’s fulfillment of Services requires collaboration and timely cooperation with the above. Failure by Client to abide by this Section 3 of the Agreement shall give right to GFM to cease Services and/or terminate this Agreement.
Fees for Services are outlined in the applicable Service Agreement, Order Form, or verbal authorization provided by the Client. Billing is typically recurring on a monthly basis unless otherwise specified in writing.
Client grants GFM permission to charge the agreed upon payment method for all applicable fees. Client acknowledges that Services begin immediately upon campaign activation and that labor, strategy development, and technical work are invested by GFM upon the start of Services.
Failure to process payment may result in suspension of Services. Paused billing under the Guarantee does not constitute a refund, cancellation, or termination of the Agreement, and previously paid shall remain deemed as earned.
All fees paid are non-refundable. Client acknowledges that GFM invests time, labor, and proprietary methodologies upon the start of Services. The Guarantee provides remedy through continued service without charge, and shall not provide refunds as remedy for failure to fulfill Guarantee.
Unless otherwise agreed to by both Parties in writing, Services are provided on a month-to-month basis. Either party may terminate the Agreement upon providing thirty (30) days written notice.
Client’s responsibility for outstanding balances shall survive the termination of this Agreement until Client has no outstanding balance to GFM. Upon termination, GFM may discontinue access to reports, dashboards, and proprietary tools. Any Services provided to Client prior to termination, excluding the URL link provided by GFM to Client, remains the intellectual property of Client unless otherwise stated.
GFM reserves the right to terminate services immediately in cases of Client’s breach of this Agreement, misrepresentation, or violation of applicable laws or platform guidelines.
GFM may publicly reference Client’s campaigns, anonymized data, and results for marketing and case study purposes.
GFM does not guarantee:
Client acknowledges that search engine rankings are influenced by third-party platforms beyond GFM’s control.
To the maximum extent permitted by law, GFM shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, lost profits, lost revenue, business interruption, or loss of data. Client acknowledges that GFM cannot be held liable for factors outside of GFM’s control which may affect Services, including, but not limited to, search engine rankings, online visibility, marketing performance, algorithm changes, platform policies, competitive actions, and market conditions.
In no event shall GFM’s total cumulative liability exceed the total fees paid by Client to GFM during the three (3) months immediately preceding the claim.
Client agrees to indemnify and hold harmless GFM from any claims arising from:
Both parties agree to maintain confidentiality of non public business information exchanged during the engagement.
Client is solely responsible for ensuring compliance with applicable laws, including advertising regulations, data protection laws, and industry specific requirements.
GFM operates as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
GFM shall not be liable for delays or failure to perform due to events beyond reasonable control, including algorithm updates, platform outages, or acts of God.
This Agreement shall be governed by the laws of the State specified in the Service Agreement, without regard to conflict of law principles. For Client’s without a Service Agreement, this Agreement shall be governed by the laws of the State of Illinois, in the County of DuPage.
This Agreement, together with any Service Agreement or Order Form, constitutes the entire agreement between the parties and supersedes prior discussions or representations.
GFM reserves the right to update these Terms and Conditions. Continued use of services constitutes acceptance of updated terms.
By engaging GFM services, Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
