Version 2.0. Effective August 12, 2026. Tamarack Media Group LLC, 4225 Executive Square Suite 600, La Jolla, CA 92037.
The short version
This summary is here so you know what you are agreeing to. It is not the agreement. Where it differs from the sections below, those sections control.
- Your signed proposal is your agreement. What we do and what it costs live there. This page covers everything else.
- You own your website. On final payment it is yours outright, with all files and credentials. No buyout, no exit fee, nothing held back.
- Half up front, half on completion for projects. Recurring services are billed monthly in advance.
- We do not promise rankings. Google decides those. Anybody who guarantees them is guessing.
- Two rounds of revisions are included while we build. Anything new gets quoted first, and we do not start until you approve the price.
- Either of us can walk away from a recurring service with 30 days’ notice.
- Only the schedules named in your proposal apply to you. If your proposal does not mention paid advertising, Schedule C is not part of your agreement.
- We record our calls and we use AI tools. Recordings are for planning your work and keeping records, and we keep them private. AI helps us draft, build, analyze and report. Sections 2.17 and 2.18 spell both out.
Part 1: Using this website
1.1 What this part covers. Part 1 applies to anyone visiting tamarackmediagroup.com. Part 2 and the Schedules apply only if you have signed a proposal with us.
1.2 Acceptable use. Do not use this site for any unlawful purpose, do not attempt to gain unauthorized access to it, and do not scrape, copy, or republish its content without our written permission.
1.3 Free demos and previews. We sometimes build a demo website for a business at no charge. A demo is a sample of our work and stays our property. It does not create a client relationship, it carries no warranty, and we may take it offline or reuse it at any time. It becomes yours only under a signed proposal.
1.4 Third-party links. We link to other websites for convenience. We do not control them and are not responsible for their content or their practices.
1.5 Privacy. Our Privacy Policy at tamarackmediagroup.com/privacy explains what we collect and how we use it.
1.6 No advice. Content on this site is general information, not legal, financial, or professional advice for your situation.
Part 2: Terms of engagement
2.1 How this works
What forms our agreement. Your signed proposal and this page together form the agreement between us, along with any change orders we both sign afterward.
Which one wins. Your proposal controls scope, deliverables, fees, and anything it states as a special term. This page controls everything else. Where they genuinely conflict on those points, the proposal wins.
Which schedules apply. Only the service schedules named in your proposal form part of your agreement.
Changing scope. Services are added, removed, or changed only in writing, and never by a conversation, a phone call, or a text message. Writing means either a change order we both sign or a clear email exchange in which we both confirm the work and you approve the price. Nothing starts until you have approved the price. For anything that changes the total fee substantially we will use a signed change order.
How we work. We perform our services in a professional and workmanlike manner consistent with industry standards. We choose our own tools, methods, personnel, and subcontractors, and we stay responsible for the work regardless of who performs it.
2.2 What we do not guarantee
Search rankings, search visibility, traffic, lead volume, conversion rates, and business results are determined by third-party algorithms, your competitors, and market conditions we do not control. We make no guarantee of any specific result, ranking, placement, traffic level, or business outcome. You confirm that no such guarantee has been made to you and that you are not relying on one.
We report what we did and what happened. That is the commitment.
2.3 Fees and payment
Where the numbers live. All fees are stated in your proposal. Fees are in US dollars and exclude sales, use, or similar taxes, which are your responsibility.
Project work. Unless your proposal says otherwise, 50% is due at signing and 50% on completion, before launch and before ownership transfers. Custom software development is billed by milestone, as set out in Schedule E.
Recurring services. Billed monthly in advance and due on receipt. Your billing date is set by the date your first payment clears, and each following month is billed on that same date. You authorize us to charge the payment method on file for amounts due, including recurring fees, one-time fees, approved change orders, and any late or reactivation fees. Keeping a valid payment method on file is your responsibility. We use a third-party payment processor and do not store your full card details.
Late payment. Any amount not paid when due accrues interest at 1.5% per month on the outstanding balance, or the maximum the law allows, whichever is less.
Suspension. If an amount is unpaid ten days after the due date we will write to you. If it is unpaid fifteen days after the due date we may suspend some or all services, including taking a website offline, without further notice. Fees continue to accrue during the first thirty days of suspension.
Reactivation. To restore suspended services, pay the outstanding balance in full including interest, plus a reactivation fee equal to one hour at the hourly rate stated in your proposal. We restore service within three business days of payment in full.
Changing recurring fees. We may change the fee for a recurring service with at least thirty days’ written notice. The new fee starts at the beginning of the first billing period after the notice expires. If you do not want to continue at the new fee, cancel the affected service in writing before it takes effect and nothing further is owed for it.
Third-party costs. We cover the software, plugins, themes, hosting, and tooling we choose to deliver your services. You pay for your own domain name. If you ask for a specific third-party product or subscription we would not otherwise use, that cost is yours, and we will tell you the cost and get your written approval before incurring it. You may also buy it directly yourself and give us access, and for anything outside what we normally use that is often the simpler option. We never pass through a cost you have not approved.
Billing disputes. Raise any billing dispute with us in writing within thirty days of the charge. Starting a chargeback without first giving us written notice and a reasonable chance to resolve it is a material breach, and you remain liable for the disputed amount, any chargeback fee we are charged, and our costs of responding.
Refunds. Recurring fees already paid are non-refundable and we do not prorate partial months. Project deposits are non-refundable, because we commit time and subcontractor capacity in advance. See 2.10 for what happens if a project is cancelled partway through.
2.4 Work outside your scope, and our hourly rate
The rate. Work outside the scope stated in your proposal is billed at the hourly rate stated in your proposal, in fifteen-minute increments.
Always quoted first. We give you a written estimate and get your written approval before starting any out-of-scope work. No out-of-scope work is ever performed at an unquoted rate.
The rate holds for twelve months. The rate in your proposal applies for twelve months from the effective date of your agreement. After that, out-of-scope work is quoted at our then-current rate, which we confirm in writing before starting.
New projects. If you ask for a substantial new piece of work, we will usually quote it as a project with a fixed price rather than bill it hourly.
2.5 Revisions and change orders
Two rounds of revisions are included during the build window for a website build under Schedule A. A round is one consolidated set of feedback from you, delivered together. Other services set their own round counts: graphic design work follows Schedule D, and custom software follows Schedule E.
A revision is a change to content or presentation inside what we have already built: text and copy, swapping images you provide, hours, staff, contact details, pricing tables, service descriptions, and the styling of existing elements.
New work is anything that adds or restructures: new pages, new page templates, new sections, new features, new integrations, changes to site architecture or navigation, content writing, and design direction changes after a direction has been approved.
New work is quoted and approved in writing before it starts, either hourly under 2.4 or as a new project.
After the build. Once a project is complete, ongoing changes are covered by a Care Plan if you have one, or quoted under 2.4 if you do not.
2.6 What we need from you
Materials and access. You will provide, in reasonable time, the content, images, credentials, account access, and approvals we need. You are responsible for the accuracy of what you give us, and for holding the rights to it.
Work starts when your materials arrive. We do not begin production until the assets and access listed in your proposal are delivered. Delays in delivery move the timeline. They do not change the fee.
One point of contact. Name one person who can approve work and answer questions. Conflicting direction from multiple people is a common cause of delay and rework, and rework caused that way is out-of-scope work.
Timelines. Any dates in your proposal run from the date your deposit clears and your access is received, not from the date you sign.
2.7 Ownership
What is yours, always. Your domain name and registration. All content, copy, photographs, and video you provide. Your trademarks, trade names, and existing brand assets. Any logo or brand asset we create for you and you pay for. Your Google Business Profile, business listings, citations, and directory profiles. Your customer data, lead data, and business records. These stay yours regardless of payment status or whether we are still working together.
What becomes yours on final payment. On payment in full for a website build, you own the finished website outright: the code, the theme, the templates, the configuration, the database, and every file needed to host it anywhere you like. We will deliver those files and transfer all credentials and accounts on request, at no charge, within seven business days. There is no buyout, no transfer fee, no exit fee, and nothing is withheld.
Hosting is yours to move. If we host your site, you may move it at any time after final payment. We will hand over every file and credential you need at no charge. Performing the migration itself is not included: setting up a new host, moving the site, and reconnecting services is billable work at the hourly rate in your proposal, quoted and approved before we start.
What stays ours. The general tools, libraries, code patterns, block components, processes, and methodologies we developed before your project or use across clients remain ours, and we may keep using them. Your ownership of your site is not limited by this, and nothing here lets us reuse your content, your brand, or anything built specifically and uniquely for you.
What you own, you own. Nothing in this section restricts what you do with a deliverable you have paid for and own. You may modify it, extend it, move it, hire somebody else to work on it, or throw it away.
Our systems are a different thing. You may not reverse engineer, decompile, deconstruct, or attempt to derive the source code, structure, or underlying methodology of any tool, platform, dashboard, reporting system, or process we operate and give you access to or output from, as distinct from the deliverables you own. You may not use that access, or anything learned from it, to build or assist in building a competing service. This survives the end of this agreement.
Custom software is treated differently. See Schedule E.
2.8 Confidentiality, credentials, and security
Confidential information. Each of us may receive information from the other that is marked confidential or that a reasonable person would treat as confidential. Each of us will protect the other’s confidential information with at least the same care we use for our own, and will not disclose it except to people who need to know it and are under comparable obligations. This does not cover information that becomes public through no fault of the receiver, was already known, or is independently developed. This section survives for three years after we stop working together.
Credentials. Send passwords, API keys, and account credentials only through a secure method we designate. Email and text message are not secure and we will not accept credentials sent that way. We use your credentials only to perform your services and protect them with commercially reasonable practices. You remain responsible for the security of your own accounts and for revoking our access when we stop working together.
Security requirements. We may require multi-factor authentication or other reasonable security measures on accounts you give us access to, and may suspend the affected service if they are not in place within a reasonable time after we ask.
2.9 Showing the work
We may display your website, logo, business name, and non-confidential work product in our portfolio, on our website, and in our marketing, and may name you as a client. We reserve that right for work we have delivered. If you ask us in writing to stop, we will consider it in good faith, but doing so is a courtesy and not an obligation.
2.10 Term, cancellation, and abandonment
Recurring services continue month to month. Either of us may cancel any individual recurring service, or the whole agreement, with thirty days’ written notice. Cancellation takes effect at the end of the billing period in which the notice period ends. No extra billing period is charged for the notice itself. Fees already paid are not refunded, and fees accrued through the end date remain due.
Cancelling for cause. Either of us may end this agreement immediately, in writing, if the other materially breaches it and does not fix the breach within ten days of written notice. We may end it immediately and without a cure period if the services are used unlawfully, if your conduct exposes us to legal or reputational risk, or if payment is more than thirty days overdue.
If we end it for our own convenience. If we end a project for our own convenience, and not because you breached this agreement or fell behind on payment, we refund the part of any deposit we have not yet earned in time or committed to outside costs. We will show you how we reached that figure. You keep the work completed to that point, delivered as files, and it is yours.
Cancelling a project partway through. If you cancel a project after work has started, work stops immediately. Your deposit is not refunded. Work performed beyond the deposit is billable at the rate in your proposal. On payment of what is owed, you keep everything built to that point, delivered as files, and it is yours.
Abandonment. If you do not respond to our requests for materials, approvals, or information for fourteen consecutive days, we will send a written notice. If we still have no response fourteen days after that notice, the project is closed. Fees already paid are not refunded, time incurred beyond the deposit is billable, and reopening the project later carries a fee equal to two hours at the hourly rate stated in your proposal, and is subject to our availability.
What survives. Sections 2.3 as to amounts owed, 2.7, 2.8, 2.11, 2.12, 2.13 and 2.17 survive the end of this agreement.
2.11 Acceptance, warranties, and disclaimers
Acceptance window. When a project is delivered, you have fourteen days to review it and tell us in writing about anything that does not work as described in your proposal. We fix genuine defects in that window at no charge. Changes to scope, design, or content are not defects and are handled under 2.5. After fourteen days the project is accepted, and further changes are Care Plan work or quoted under 2.4.
Your warranties. You confirm you own or have valid licenses to all content, images, trademarks, and materials you give us, and that our use of them as contemplated here will not infringe anyone’s rights.
Our disclaimer. Except as expressly stated here, our services are provided “as is” and “as available.” We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that services will be uninterrupted, error-free, or secure, or that any specific result will be achieved. We are not liable for downtime caused by hosting providers, DNS providers, content delivery networks, or events outside our control.
2.12 Limitation of liability
Neither of us is liable to the other for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or lost business opportunity, regardless of the theory of liability and even if warned such damages were possible.
Our total aggregate liability arising out of or relating to this agreement, whether in contract, tort, or otherwise, will not exceed the total fees you paid us in the three months immediately before the event giving rise to the claim.
2.13 Indemnification
You will indemnify, defend, and hold harmless Tamarack Media Group LLC and its members, officers, employees, and contractors from any third-party claim, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of content, images, trademarks, or materials you provided; your products, services, or business operations; your violation of any law; or your breach of this agreement.
We will indemnify, defend, and hold harmless you from any third-party claim that our services, as delivered by us and used as contemplated here, infringe that third party’s United States intellectual property rights, excluding any claim arising from materials you provided.
2.14 General
Independent contractor. We are an independent contractor. Nothing here creates employment, partnership, joint venture, or agency.
Force majeure. Neither of us is liable for failure or delay caused by events beyond reasonable control, including acts of God, natural disaster, war, terrorism, labor dispute, government action, internet or utility failure, or the failure of a third-party service provider.
United States only. Our services and this website are offered to businesses located in the United States. We do not represent that either is appropriate or available anywhere else. If you use them from outside the United States, you do so on your own initiative and you are responsible for your local law.
Governing law and venue. California law governs, without regard to conflict of laws principles. We both consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California.
Time limit on claims. Any claim arising out of or relating to this agreement or to our services must be brought within one year after the claim arises. After that it is permanently barred, to the fullest extent the law allows.
Attorneys’ fees. In any action to enforce this agreement, the prevailing party recovers reasonable attorneys’ fees and costs.
Assignment. Neither of us may assign this agreement without the other’s written consent, except in connection with a merger, acquisition, or sale of substantially all assets, on written notice.
Entire agreement. Your signed proposal, this page as of the version and date named in that proposal, and any change orders we both sign are the entire agreement between us on this subject. They supersede prior or contemporaneous agreements, quotes, and understandings, whether written or oral. For the avoidance of doubt, this does not supersede the signed proposal itself, which is part of this agreement.
Amendment and waiver. This agreement may be amended only in writing signed by both of us, except that fees may be adjusted under 2.3 and scope may be changed by signed change order. No waiver is effective unless in writing, and no waiver waives a later breach.
Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable and the rest stays in effect.
Electronic signature. This agreement may be signed electronically and in counterparts, each of which is an original.
2.15 Notices
Formal notices must be in writing and are effective on delivery by email to the addresses below, or three business days after being sent by overnight courier.
To us: Tamarack Media Group LLC, 4225 Executive Square Suite 600, La Jolla, CA 92037, hello@tamarackmediagroup.com.
To you: the contact details in your proposal.
Either of us may change the notice address in writing. Routine communication, including revision requests and approvals, may be sent by email and does not count as formal notice.
2.16 Changes to these terms, and versions
We may update these terms. A change never applies retroactively to an agreement already signed. Your agreement is governed by the version and effective date named in your signed proposal.
Every published version stays available at its own permanent address, so you can always read the exact version you agreed to. This is version 2.0.
Moving to a newer version. For ongoing services, we may move your agreement to a newer version by emailing you notice of the change at least thirty days before it takes effect. The new version applies from the start of your next billing period after that notice. If you do not object in writing during those thirty days, the newer version applies from that date.
What this can never do. It never changes the scope, the fees, or the delivery terms of a project you have already signed. Those stay on the version named in your proposal until that project is complete.
Your way out. If a change materially reduces your rights or increases your obligations, you may cancel the affected recurring service in writing during the thirty-day notice period, at no charge and with no further amount owed for that service beyond what has already accrued.
2.17 Recording calls and meetings
We record. We may record calls, video meetings, screen shares, and written chat between us. We do this to deliver your work accurately, to keep records, to train our team, and to resolve any disagreement about what was agreed. By signing your proposal you consent to that recording, including recordings of any calls that took place before you signed.
Meeting platform notices. Where a video platform displays its own recording notice, staying in the meeting after that notice appears is your consent to be recorded.
They are ours, and we keep them private. Recordings are our property. We hold them as your confidential information under 2.8. We do not give them to anyone else, except where the law requires it or where we need them to enforce this agreement.
2.18 Artificial intelligence
We use it, and this is how. We use artificial intelligence and other automated tools to help deliver our services. That includes drafting and editing content, analyzing websites, rankings and campaign data, summarizing calls and correspondence, preparing reports and recommendations, and running internal administrative, security and quality checks.
Your authorization. You authorize us to process the information you give us using those tools, for the purpose of delivering, supporting and securing your services. We handle that information as confidential under 2.8.
Third-party tools. Some of the platforms we rely on use AI inside their own products. We choose the tools we work with and those tools change over time. Our use of them is not varied for individual clients.
Your information, your responsibility. You are responsible for having the right to give us anything you send us, including personal information about your own customers, and for giving any notices and obtaining any consents that your own obligations require.
Part 3: Service schedules
Only the schedules named in your proposal form part of your agreement.
Schedule A: Website design and build
What it covers. Designing and building a website, or repairing and extending an existing one, as described in your proposal.
Scope is the proposal. The page count, features, integrations, functionality, design direction, and branding described in your proposal are the scope. Anything else is new work under 2.5.
Content. Unless your proposal says we are writing it, you provide the copy and images. We will not delay launch waiting for content, and we may launch with placeholder content if you ask us to.
Hosting. Hosting is normally provided through a Care Plan under Schedule F and appears as its own line in your proposal. Where it is included, we host the site and handle security patching, updates, uptime monitoring, and backups. Hosting is a service, not a condition of ownership. You may move the site elsewhere at any time after final payment, on the terms in 2.7.
Launch and ownership. On final payment the site is yours under 2.7, and we transfer files and credentials on request at no charge.
Third-party plugins and licenses. We cover the cost of tools we choose. If your site needs a paid third-party license to keep working after launch, we tell you before we build with it, and the ongoing cost is yours unless your proposal says otherwise.
Schedule B: Ongoing SEO and content
What it covers. The search optimization, content, citation, and reporting work described in your proposal.
Access. You will give us administrative access to your Google Business Profile, Google Analytics, Google Tag Manager, Google Search Console, and any other account we need. Our obligations pause for any period we do not have that access.
Your assets stay yours. You own your Google Business Profile, business listings, citations, and directory profiles. We hand back administrative access within ten business days of a written request after we stop working together.
Approvals. Content is drafted for your approval before publication where your proposal says so. If you do not respond to a draft within ten business days, we may publish it as drafted.
Subcontractors and tools. We may use subcontractors and third-party software to deliver this work. We remain responsible for it.
Cancellation. SEO services are month to month and can be cancelled independently of any other service under 2.10.
Results. See 2.2. Results compound over months, not weeks, and we do not guarantee them.
Schedule C: Paid advertising coordination
What it covers. Coordination of paid advertising described in your proposal.
Who you contract with. Unless your proposal states otherwise, paid advertising is managed by a separate advertising partner who contracts with you and invoices you directly. Their fees are theirs, not ours, and their agreement with you is separate from this one. We coordinate the work so that your advertising, website, and search visibility pull in the same direction.
Advertising spend is yours. Money paid to Google, Meta, or any other advertising platform is paid by you, directly to them. It is never included in our fees, we do not mark it up, and we do not take any percentage of your ad spend.
Accounts. Advertising accounts stay in your name and you keep ownership of them, along with their data and history.
No guarantee. See 2.2. Advertising performance depends on auction dynamics, competition, and platform policy changes.
Schedule D: Graphic design
What it covers. Logos, brand assets, and design work described in your proposal.
Rounds. Graphic design is not covered by the two rounds in 2.5, which apply to a website build. The number of concepts and revision rounds for design work is stated in your proposal. If your proposal does not state a number, two concepts and two rounds of revisions are included. Additional rounds are new work under 2.5.
Ownership. On payment in full, the final approved design is yours, including source files. Concepts you did not select stay ours.
Fonts and stock assets. Licensing for fonts, stock photography, and illustration used in your design is disclosed before delivery. Where a license must be held in your name, that cost is yours.
Schedule E: Custom software development
This schedule governs. Where Schedule E conflicts with Part 2, Schedule E controls for the custom software work it covers.
Milestones. Custom development is delivered in milestones defined in your proposal. Each milestone is demonstrated to you, approved by you in writing, and invoiced on approval. Work on the next milestone begins after approval.
Acceptance. You have fourteen days after each milestone demonstration to approve it or to tell us in writing what does not meet the specification. If we receive no response in fourteen days, the milestone is accepted. Repairs to meet the specification are at our cost. Changes to the specification are new work.
What you own. On payment in full for a milestone, you own the application code written specifically for you under that milestone, and we assign it to you.
What we keep, and what you get to use. We keep ownership of our pre-existing tools, libraries, frameworks, utilities, and general-purpose components, and of anything we develop that is general rather than specific to you. Where those are embedded in your application, we grant you a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, run, modify, and sublicense them as part of your application. You may not extract them and distribute them as a standalone product.
Open source and third-party components. Your application may include open-source or third-party components under their own licenses. We tell you what they are and what those licenses require. Ongoing fees for commercial third-party components are yours unless your proposal says otherwise.
Delivery. On final payment we deliver source code, build instructions, and any credentials needed to run and deploy the application.
No warranty of fitness beyond specification. We warrant that each milestone materially meets the specification agreed for it. We do not warrant that the application is free of all defects, is suitable for a purpose not stated in the specification, or will perform at a scale not stated in it.
Maintenance is separate. Bug fixes after the acceptance window, new features, and ongoing maintenance are not included and are quoted separately.
Schedule F: Care Plans
What it covers. The ongoing website care described in your proposal, which may include hosting, backups, software updates, security monitoring, uptime monitoring, and a stated amount of included work time each month.
Included time does not roll over. Where your plan includes a monthly time allowance, unused time expires at the end of the month.
What counts as included. Changes to existing content within the existing structure, as defined in 2.5. New pages, new features, and design changes are new work.
Reviewing the fee. We may review Care Plan fees after twelve months, with thirty days’ written notice under 2.3.
Cancellation. Care Plans are month to month, cancellable with thirty days’ written notice under 2.10. If your plan includes hosting, you are responsible for arranging hosting elsewhere before it ends. We will hand over every file and credential you need at no charge. Performing the migration is billable work at the hourly rate in your proposal, quoted and approved before we start.
Part 4: Definitions
Proposal means the document we presented and you signed, setting out scope, deliverables, fees, and timeline.
Change order means a document we both sign that adds, removes, or modifies services or fees.
Build window means the period from the start of production to the completion of the project described in your proposal.
Out-of-scope work means anything not described in your proposal or in the schedules that apply to you.
Recurring service means any service billed on a repeating monthly basis.
Care Plan means the ongoing website care service described in Schedule F and named in your proposal, which may include hosting, backups, software updates, security monitoring, uptime monitoring, and a stated amount of included work time each month.
Business day means Monday through Friday, excluding United States federal holidays.