Legal
Terms of Service
This Terms of Service Agreement is between Malveaux Digital Labs and you, the Client, and governs the digital services we provide. By engaging us for any service, you agree to these Terms.
1. Services Offered
Malveaux Digital Labs ("MDL", "we", "us", "our"), a digital services business owned and operated by Caden Malveaux out of Baton Rouge, Louisiana, offers the following services to its Clients:
- Website design and development (one-time flat-fee builds)
- Hosting and domain services (monthly subscription)
- AI automation systems (monthly subscription)
- Meta Ads management (monthly subscription plus ad spend)
- Social media management (monthly subscription)
- Email management (monthly subscription)
- Google Business Profile setup and management
Specific deliverables, timelines, and pricing for each engagement are confirmed in writing (text, email, or written quote) before work begins.
2. Scope of Work
The scope of each engagement is defined in writing before work starts. Work outside that scope is quoted separately. Significant changes after work has begun may extend timelines or affect cost; we will discuss any such changes with you before proceeding.
3. Payment Terms
3.1 Website Builds
Website builds are billed at a flat price, paid in full before work begins or in two installments (50% to start, 50% on delivery) by written agreement. The Client owns the website files and design after final payment is received.
3.2 Monthly Retainers
Recurring services (hosting, AI automation, social media management, email management, Meta Ads management, and Google Business Profile management) are billed monthly in advance. The first month is billed on or before the service start date.
3.3 Setup Fees
Some services include a one-time setup fee, billed alongside the first month's retainer. Setup fees cover the configuration, integration, and launch work required to bring a service online. For Meta Ads Management, the setup fee covers the first and the last month of service.
3.4 Refunds
Website build deposits and completed work are non-refundable except by written agreement. Setup fees are non-refundable once setup work has begun. Unused prorated portions of monthly retainers may be refunded at MDL's discretion when cancellation is requested before the start of a new billing cycle.
3.5 Late Payments
See Section 8 for our grace period and service suspension policy.
4. Results and Performance
MDL does not guarantee any specific result from any service. This includes, without limitation:
- No guarantee of search rankings, organic traffic, or visibility from SEO, Google Business Profile, or website work.
- No guarantee of Meta Ads performance, click-through rate, cost per lead, conversion rate, return on ad spend, or any other advertising outcome.
- No guarantee of social media follower growth, engagement, or reach.
- No guarantee of email open rates, deliverability, or response rates.
We bring honest experience and proven practices. Final outcomes depend on factors outside our control, including platform algorithm changes, competition, market conditions, seasonality, and your business itself.
5. Meta Ads Management
5.1 Setup Fee
The Meta Ads Management setup fee covers the first and the last month of service. This protects against a mid-cycle cancellation cutting off optimization midstream.
5.2 Ad Spend Is Separate
Ad spend is separate from MDL's management fee. The Client is responsible for paying Meta directly for advertising costs through the Client's own Meta Business account and payment method. MDL does not front, collect, or process ad spend.
5.3 Learning Phase
Meta Ads campaigns enter a "learning phase" during which the platform tests creative and audience combinations to find what works. Based on industry-typical timelines:
- Days 0 to 30: learning phase. Performance is volatile and not indicative of long-term results.
- Days 30 to 60: early signal emerging. Initial winners identified, losing creative trimmed.
- Days 60 to 90: meaningful performance data available. Optimization stabilizes.
Short-term performance during the learning phase is not indicative of long-term performance, and short engagements may end before the channel has been given a fair test.
5.4 No Performance Guarantee
As stated in Section 4, MDL does not guarantee ad performance.
5.5 Cancellation
Meta Ads Management requires 30 days written notice to cancel, sent to caden@malveauxdigitallabs.com. See Section 9 for general cancellation terms.
6. Google Business Profile Verification
Google requires verification of a business's identity and location before a Google Business Profile is fully visible in Google Search and Google Maps. Verification methods (postcard, phone, video call, email, or in-person) are determined by Google and must be completed by the Client.
MDL will configure, optimize, and manage the Google Business Profile, but MDL cannot complete verification on behalf of the Client. Delays caused by incomplete or failed verification are the Client's responsibility and are not grounds for refund.
7. Domain Ownership and Transfer
Unless otherwise agreed in writing, domain names registered for a Client are registered under MDL's domain registrar account for ease of management. The Client is the beneficial owner of the domain at all times.
The Client may request transfer of any domain to a registrar account of the Client's choice by sending written notice to caden@malveauxdigitallabs.com. ICANN imposes a 60-day transfer lock on newly registered or recently transferred domains, during which transfers cannot complete. Outside of that lock period, MDL will initiate the transfer promptly. MDL does not charge a transfer fee.
8. Hosting and Service Suspension
8.1 Grace Period
If a monthly invoice goes unpaid past its due date, the Client has a 10-day grace period during which we will send a written reminder and the service will continue uninterrupted.
8.2 Suspension
If payment is not received within 20 days of the original due date, MDL may suspend services, including hosting. Suspended websites may display a brief notice or be inaccessible until the account is brought current.
8.3 Reinstatement
Once outstanding balances are paid, services are reinstated within one business day.
8.4 Termination for Cause
Continued non-payment beyond 60 days past due may result in service termination at MDL's discretion. The Client's files and data will be made available for download on written request for a reasonable period before deletion.
9. Cancellation
9.1 Notice
Cancellation of any monthly service requires 30 days written notice sent to caden@malveauxdigitallabs.com. Text-message cancellations are not accepted as written notice.
9.2 Effective Date
Cancellation takes effect at the end of the billing cycle that begins after the notice is received. The Client remains responsible for fees through that final cycle.
9.3 Website Builds in Progress
Cancellation of a website build that is already in progress is governed by the written agreement for that specific build. Work completed up to the date of cancellation is billed at MDL's standard rates.
10. Client Responsibilities
The Client agrees to:
- Provide accurate, complete, and timely information needed for service delivery.
- Respond to MDL communications within a reasonable timeframe (typically three business days) so projects can move forward.
- Complete any required verification steps, including but not limited to Google Business Profile verification, Meta Business Manager access, payment method setup with Meta, and domain DNS access.
- Pay invoices on or before their due dates.
- Use services in compliance with applicable laws and the terms of service of any third-party platforms (Meta, Google, Twilio, and others).
- Not use any service for unlawful, deceptive, harassing, or harmful purposes.
11. Intellectual Property
11.1 Code and Design
Upon final payment of a website build, the Client owns the specific code, design, and files of that website. MDL retains all rights to general-purpose tools, libraries, frameworks, components, and patterns it has developed or licensed, including the right to reuse those across multiple Client engagements.
11.2 Client Content
The Client retains all rights to content the Client provides, including logos, photographs, copy, and brand assets. The Client grants MDL a limited license to use that content solely for delivering the agreed-upon services.
11.3 Portfolio Use
Unless the Client requests otherwise in writing, MDL may display screenshots or links to the Client's website and identify the Client in MDL's portfolio and marketing materials.
12. Limitation of Liability
To the maximum extent permitted by law, MDL's total liability for any claim arising out of or related to its services is limited to the total amount the Client paid MDL in the three months immediately preceding the event giving rise to the claim.
MDL is not liable for indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, loss of business, loss of data, or interruption of service caused by third-party platforms, internet service providers, hosting providers, domain registrars, or events outside MDL's reasonable control.
Nothing in this section limits liability where limitation is not permitted by applicable law.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict-of-laws principles.
14. Dispute Resolution
Before filing any legal action, the parties agree to attempt good-faith resolution through direct communication. If a dispute remains unresolved 30 days after written notice of the dispute, it may be brought in the state or federal courts located in East Baton Rouge Parish, Louisiana, and both parties consent to the exclusive jurisdiction of those courts.
15. Changes to These Terms
MDL may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of MDL services after a change constitutes acceptance of the updated Terms. Material changes affecting active Clients will be communicated by email or text in advance.
16. Contact
Questions about these Terms can be sent to:
Malveaux Digital Labs
caden@malveauxdigitallabs.com
Baton Rouge, Louisiana