01. The agreement
These Terms of Service ("Terms") form a binding agreement between you ("Client," "you") and Excellent Marketing LLC, doing business as Healthcare Websites ("we," "us," "our"), when you purchase website design, development, or related services from us via healthcarewebsites.net.
By submitting our intake form, signing a proposal, or making a payment, you agree to these Terms. If you don't agree, don't use our services.
Any custom proposal or statement of work we send you becomes part of this agreement. Where a proposal conflicts with these Terms, the proposal controls.
02. Services
We design, build, and deliver marketing websites for medical practices. Specific deliverables for your project are defined in the tier you select (Essential, Practice, or Premium) and in any additional scope you agree to in writing.
We reserve the right to refuse service, terminate accounts, or cancel projects in our sole discretion — for example, if a requested project would violate law, involve offensive or discriminatory content, or require us to act outside our area of competence.
03. Payment
How we bill
Projects are billed as a flat fee based on the tier you select. Unless otherwise agreed in writing, payment is structured as follows:
- 50% deposit due before we begin work
- Remaining 50% due before launch / handoff
Methods and processing
We accept payment via credit card, ACH, or bank transfer, processed through Stripe or a similar provider. You're responsible for any processing fees charged by your bank.
Late payment
Invoices are due within 7 days of receipt unless otherwise specified. Late payments may incur a 1.5% monthly service charge (or the maximum permitted by law, whichever is lower). We may pause or suspend work on any project with an overdue invoice.
Refunds
The deposit is non-refundable once work has started. If we cancel the project for any reason not caused by you, we'll refund a fair portion of any amounts paid beyond work completed. If you cancel after work has begun, we retain the deposit plus any amount reasonably attributable to work already completed.
Ongoing Care (monthly subscription)
Ongoing Care subscriptions are billed monthly in advance. You may cancel at any time; cancellation takes effect at the end of your current billing period. No refunds for partial months.
04. Scope and revisions
The deliverables for your tier are listed on our pricing page and in any proposal we send you. "Up to X pages" means exactly that — additional pages beyond the tier limit are available at our then-current page rate.
Each tier includes two rounds of revisions. A "round" means consolidated feedback collected by you and delivered to us in a single batch. Additional revision rounds beyond those included are billed at our hourly rate.
Changes to the agreed scope (new pages, new features, design directions that materially depart from what was agreed) are handled as a written change order, which may affect price and timeline.
05. Your responsibilities
For us to deliver on time, we need you to:
- Provide required content (provider bios, photos, insurance list, hours, services) promptly and in usable form
- Respond to our questions and review requests within 2 business days
- Provide timely payment per the agreed schedule
- Ensure you have the legal right to use all content you provide (photos, copy, logos, etc.)
- Designate a single point of contact for decisions, ideally the person with final authority
Significant delays from your side may extend the project timeline, and in extreme cases (60+ days of unresponsiveness) we may treat the project as abandoned and invoice for work completed.
06. Timelines
Our advertised turnaround of 5–7 business days assumes timely responses from you and that content is ready to go. Timelines reset if you delay providing content or review.
We do our best to meet estimated dates but don't guarantee specific launch dates unless expressly stated in a signed proposal.
07. Ownership and intellectual property
What you own
Upon full payment, you own the final deliverable — the custom design, copy we wrote for you, and the code we wrote specifically for your site. You may modify it, migrate it, hand it to another developer, or take it elsewhere at any time. We don't lock you in.
What you provided
You retain all rights to content you provide to us (logos, photos, existing copy, brand assets). You grant us a license to use those materials solely for the purpose of delivering and maintaining your project.
What we retain
We retain ownership of pre-existing tools, techniques, templates, and components we use across multiple client projects (e.g., boilerplate code, internal frameworks, style libraries). You receive a perpetual, worldwide license to use those as part of your delivered site.
Third-party assets
If your site uses third-party assets (stock photos, icon libraries, open-source components, hosted fonts), those are licensed under their respective terms and remain subject to them.
08. Portfolio rights
Unless you request otherwise in writing, we may:
- Include your project in our portfolio, case studies, and marketing materials
- Show screenshots, recordings, and the live URL of your site
- Mention your practice name, specialty, and city in connection with our work
If you'd prefer we keep your project private, let us know in writing before launch and we'll respect that.
09. Third-party services
Your site may integrate with or rely on third-party services — for example: hosting providers (Vercel, Netlify, Cloudflare), domain registrars, email providers, analytics, scheduling systems (NexHealth, Zocdoc, etc.), form processors, and payment processors.
These services operate under their own terms and pricing. We're not responsible for outages, policy changes, price increases, or failures of third-party services. Where possible, we'll use services that are reliable and well-established.
10. HIPAA and medical compliance
We are not a HIPAA Business Associate. Our services are not designed or intended to handle Protected Health Information (PHI).
The marketing websites we build are structured to be HIPAA-aware by design: contact forms collect only non-clinical information (name, contact info, reason for visit), and all patient intake, clinical information, and medical records are handled by your existing patient portal, EHR, or other systems that operate under a separate Business Associate Agreement.
You agree not to transmit PHI to us through our intake form, email, or any other channel. If you require PHI-collecting forms as part of your website, that scope is explicitly excluded from our standard services and would require a separate written agreement and a Business Associate Agreement, which we may or may not be willing to execute.
You are solely responsible for your own HIPAA compliance program, policies, and any other regulatory obligations that apply to your practice. Nothing we provide constitutes legal, medical, compliance, or privacy advice.
11. Warranties and disclaimers
We warrant that we will perform the services with reasonable care and skill, consistent with industry standards for web design and development.
Except as expressly stated in these Terms, our services and any deliverables are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of results.
We don't guarantee specific business outcomes — including but not limited to traffic levels, search rankings, patient inquiries, conversion rates, or revenue — arising from your use of our services.
12. Limitation of liability
To the fullest extent permitted by law, our total cumulative liability to you for any claim arising out of or related to these Terms or our services is limited to the amount you actually paid us for the specific project giving rise to the claim in the twelve (12) months preceding the claim.
We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
Some jurisdictions don't allow limitations on implied warranties or exclusion of certain damages, so some of the above may not apply to you. In such cases, our liability is limited to the maximum extent permitted by applicable law.
13. Indemnification
You agree to indemnify and hold harmless Excellent Marketing LLC, its officers, employees, and agents from any claim, liability, loss, damage, or expense (including reasonable attorneys' fees) arising from:
- Content or materials you provide to us (including claims of infringement or defamation)
- Your use of the services or your website
- Your violation of these Terms
- Your violation of any law or third-party rights, including HIPAA or other healthcare regulations
14. Termination
Either party may terminate a project for material breach by the other party if the breach is not cured within 14 days of written notice.
Upon termination:
- You pay for all work completed up to the termination date, plus any non-refundable deposits
- We hand over work product for which you've paid in full
- Sections that by their nature should survive termination (Ownership, Portfolio Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Disputes) will survive
15. Governing law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles. You and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any dispute not subject to arbitration.
16. Dispute resolution
If a dispute arises, let's try to resolve it informally first. Email us at support@excellentmarketing.net describing the issue, and we'll make a good-faith effort to work it out within 30 days.
If informal resolution fails, any dispute arising out of or related to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami-Dade County, Florida. Judgment on the award may be entered in any court of competent jurisdiction.
You and we each waive any right to participate in a class action or class-wide arbitration.
17. Changes to these terms
We may update these Terms from time to time. Material changes take effect 30 days after we post the revised Terms on our website, or upon your next use of our services, whichever is later.
For any ongoing project, the Terms in effect at the time you signed the proposal or submitted payment continue to govern that project unless both parties agree to the updated Terms in writing.
18. Contact
Questions about these Terms, a specific provision, or how they apply to your project:
Excellent Marketing LLC
848 Brickell Ave, Miami, FL 33131
Email: support@excellentmarketing.net