Clear terms for working together.

Who these terms cover and how services begin

These Terms & Conditions describe the conditions under which Burnett Consulting LLC (Burnett Consulting, we, us or our) offers its website and marketing services. Client, you and your mean the person or business entering into a service agreement with us. Services are intended for business purposes. A person signing for a business must be at least 18 years old and authorized to bind that business.

Paid services begin only when both parties accept a written proposal, statement of work or service agreement identifying the services and incorporating this version of these terms, and any agreed starting payment is received. We refer to that document as the Service Agreement. Visiting our website, completing a scorecard or requesting a free assessment does not purchase services, authorize charges or enroll you in a recurring plan.

A Service Agreement expressly addressing an issue controls over conflicting general terms. A signed data-processing agreement controls conflicting provisions about personal-data processing. Our Refund & Cancellation Policy governs specific refund and cancellation matters unless the Service Agreement states otherwise. Our Privacy Policy explains information handling on our own website. No document overrides rights or duties that applicable law does not allow the parties to waive.

Scope, deliverables and changes

Our services may include website development, logo design and brand strategy, email marketing, social media management, search engine optimization and local visibility, paid advertising management and related strategy. Your Service Agreement identifies the included deliverables, platforms, revision rounds, milestones, reporting schedule, fees and responsibilities. A service mentioned on our website is not automatically included in every engagement.

Additional pages, campaigns, integrations, content, revisions or services require written agreement on any added fees and timeline before the extra work begins. Recommendations may evolve as performance develops, but a recommendation does not authorize a new service or increased budget. Routine adjustments within an approved scope and budget may proceed under the agreed approval process.

We use reasonable professional care in delivering the agreed services. We may use qualified contractors and remain responsible for their work under our agreement. We act as an independent contractor, not your employee, partner or general business representative. Our authority to act for you is limited to the services and permissions you authorize.

Free assessments, scorecards and previews

Our free assessment includes a review of your website and search presence, identification of three priority marketing gaps, a recommended starting service mix, discussion of scope and budget, and a free homepage redesign preview. The preview is a design concept for discussion, not a completed website, development project or commitment to provide free implementation.

Scorecard results, educational articles, assessments and forecasts are based on the information available and are not exhaustive audits or guarantees of future performance. Preliminary concepts and recommendations may be reviewed internally for evaluation; publication, implementation rights and editable files are subject to a separate written agreement. There is no obligation to purchase services.

Pricing, invoices and advertising budgets

Website pricing is introductory guidance; the accepted Service Agreement sets your actual price, payment schedule, applicable taxes and included work. Website development pricing may vary with simplicity or complexity, and a one-page website or landing page may cost less. Combined services may be offered at one discounted rate after assessment of your business needs. No discount or quoted price applies beyond its agreed scope or validity period.

Recurring services are generally billed in advance. Project work may require a deposit and milestone payments. Invoices are due on the dates agreed in writing. Any late charge must be expressly agreed and lawful; these terms do not independently impose a late-payment penalty. Please raise billing concerns promptly so we can investigate. A request for review does not remove statutory or cardholder dispute rights.

Advertising spend, domain registration, hosting, subscriptions, stock licenses, printing and other third-party costs are separate unless expressly included. We must receive your authorization for the budget and any increase. Platform daily spending and billing may vary under the platform's rules; we will explain material budget settings and use reasonable care to manage the authorized spend. You remain responsible for authorized third-party charges, and we remain responsible for our own failure to follow agreed instructions to the extent provided by law and this agreement.

An agreed rate is not increased retroactively. Future changes require the notice and acceptance required by the Service Agreement and applicable law. Removing a service from a discounted bundle may change future pricing only through a disclosed, agreed adjustment.

Recurring services, cancellation and refunds

Automatic renewal or recurring charges apply only when expressly disclosed and accepted in your Service Agreement and payment authorization. The agreement must identify the price, billing frequency, initial term, renewal period and cancellation method. A recommended engagement length, including a recommended six-month SEO engagement, is not a mandatory minimum unless you agree to it in writing.

Unless your signed agreement provides otherwise, our Refund & Cancellation Policy requires written cancellation notice at least 30 days before the next renewal or billing date. Send notice to contact@burnettconsultinggroup.com. We will confirm receipt and the effective cancellation date. Applicable laws requiring different notice, renewal reminders, consent or an easier cancellation method take priority, and we will provide those protections where required.

A billing period that has begun is generally not prorated or refunded, subject to your agreement and applicable law. Project payments are earned as agreed work is performed, milestones are completed, time is reserved and authorized noncancelable expenses are incurred. Deposits are generally nonrefundable once work begins or time is reserved, subject to those same limits. Unused prepaid amounts are reviewed against work performed and documented commitments; this is not a blanket right to retain unearned funds.

Duplicate or incorrect charges, payments for unperformed work we are not entitled to retain, contractual refund rights and refunds required by law are reviewed under our Refund & Cancellation Policy. Platform payments are governed by the provider's rules; we cannot promise a refund of money a third party has not returned. No provision requires you to waive lawful payment-dispute rights.

Client information, approvals and timing

Please designate an authorized contact and provide accurate business information, audience details, sales-process information, differentiators, content, access and feedback needed for the work. You are responsible for the accuracy and substantiation of your product claims, prices, licenses, credentials, offers and customer information. You must have the rights and permissions needed for materials and instructions you supply.

The Service Agreement defines the approval process. Please review draft copy, designs, links, claims and functionality before approving release. Unless a separate written workflow expressly authorizes routine publishing, we obtain approval before launching a new website or campaign. Silence alone is not approval. Your approval does not excuse our errors, unlawful conduct or failure to perform the agreed work.

Delivery estimates depend on timely access, decisions and third-party availability. We will explain material delays and agree on a revised schedule when needed. Client-caused delays may require rescheduling; additional work or restart charges require written agreement. Please report a deliverable that does not match the agreed scope promptly so we have a reasonable opportunity to correct it without charging for our own in-scope error. New preferences or added requirements are handled as scope changes.

Performance, reporting and third-party platforms

Marketing outcomes depend on competition, seasonality, budget, platform changes, market demand, your offer and your handling of inquiries. We do not guarantee a particular ranking, indexing, AI recommendation, lead count, sale, revenue, profit or return on advertising spend. Case studies describe particular client experiences and do not promise the same result for another business.

Reports use available platform and tracking data, which may include estimates, attribution differences, blocked cookies and incomplete offline information. We will identify known material limitations and report according to the agreed schedule, including bi-weekly updates where included. A qualified inquiry is measured against the criteria agreed for that engagement and is not a guaranteed sale.

Google, Meta, email providers, hosting companies and other platforms independently control their systems, approvals, pricing and account decisions. We cannot guarantee uninterrupted access or prevent all suspensions and algorithm changes. We will communicate material issues affecting the work and propose reasonable next steps; platform limitations do not excuse our own breach or misconduct.

Account ownership, access and handover

You retain ownership of your existing domains, advertising accounts, social profiles and business data. Where available, new client-specific accounts should be established in your business's name with your administrative access. You authorize only the access reasonably needed for the agreed services. We prefer delegated permissions and secure credential sharing rather than unnecessary sharing of passwords.

You are responsible for maintaining your business's authorized administrators, payment methods and security settings; we are responsible for safeguarding access entrusted to us. Each party will promptly notify the other of suspected unauthorized access affecting the engagement.

At the end of an engagement, we will reasonably cooperate in transferring client-owned access and delivering paid-for work in the agreed formats, subject to platform restrictions. A fee dispute does not transfer ownership of your accounts or authorize us to withhold your existing account credentials. Additional migration, training or redevelopment beyond the agreed handover requires a separate quote. Our reusable systems, third-party licenses and unpaid new work are subject to the ownership provisions below.

Creative work, licenses and intellectual property

You retain rights in the materials you provide and grant us a limited license to use, reproduce, adapt and publish them only as needed to perform the authorized services. That permission extends to service providers working on the engagement under suitable restrictions and ends when no longer needed, except for lawful records and routine backup retention.

The Service Agreement must identify the final deliverables and whether rights are assigned or licensed. Unless it states otherwise, full payment gives you a perpetual, worldwide, nonexclusive license to use, reproduce and adapt the final custom deliverables for your business, subject to disclosed third-party rights. Exclusive ownership or copyright assignment, including for a final logo where agreed, must be documented in a writing signed by the rights holder. We cannot transfer rights we do not own.

Burnett Consulting retains its pre-existing tools, methods, templates, reusable code, know-how and unused concepts. To the extent our retained materials are embedded in a paid final deliverable, your license includes use of those materials as part of that deliverable. Editable source files, working files, internal systems and unused concepts are included only if specified. Third-party fonts, stock media, software and platform components remain subject to their licenses, costs and transfer restrictions, which we will disclose where material.

AI-assisted content may not be exclusive or eligible for copyright protection in every respect. We do not guarantee trademark availability, registration or clearance. Brand clearance, legal review and registration require appropriate professional advice and are not included unless separately agreed. We will obtain your permission before publicly using your name, logo, confidential results or nonpublic work in a portfolio or case study.

Lawful advertising and communications

Both parties must comply with applicable laws and platform policies in performing their responsibilities. You must supply truthful, supportable claims and required industry disclosures and obtain appropriate permissions for customer lists, images, likenesses, testimonials and other supplied materials. We may refuse instructions involving deception, fake reviews, unlawful targeting, infringement or other prohibited conduct.

For email marketing, the parties will identify sender information, a valid postal address, lawful list sources, unsubscribe procedures and suppression-list responsibilities before launch. We will implement agreed compliance measures within our services, including required opt-out handling. Hiring an agency does not eliminate either party's legal responsibilities. Automated calls, text messaging, call recording and other activities with additional consent requirements are excluded unless separately scoped with appropriate consent and compliance procedures.

You remain responsible for operating your business lawfully, fulfilling offers and addressing your customers' requests. We remain responsible for our own services and conduct. Marketing services do not constitute legal, tax or regulatory advice. A website project does not by itself certify compliance with every accessibility, privacy or industry requirement; any agreed testing standard and ongoing maintenance responsibilities must be stated in the scope. This does not waive applicable obligations or agreed accessibility requirements.

Confidentiality, personal data and security

Each party will protect the other's nonpublic business information using reasonable care, use it only for the engagement, and disclose it only to people who need it and are subject to appropriate confidentiality obligations. This does not cover information lawfully public, already known without restriction, independently developed or properly received from another source. Legally required disclosures are permitted, with advance notice when lawful and practicable.

Our Privacy Policy covers information collected through our own website. Processing of your customer or prospect data must follow documented instructions and applicable law. Where required, the parties will sign a data-processing agreement before that processing begins, addressing the relevant roles, purposes, service providers, safeguards, requests, retention and breach obligations. This page does not replace that agreement or your business's privacy notices and consent mechanisms.

Do not send sensitive health information, government identification numbers, payment-card details, children's information or similarly restricted data through ordinary inquiry forms. Services involving such information require a separate written arrangement and suitable safeguards. We use reasonable safeguards for data entrusted to us, but no system can be guaranteed entirely secure. We will notify you without undue delay of a confirmed security incident affecting client data in our control and cooperate as required by law and any data-processing agreement.

On termination, confidential information and personal data will be returned or deleted as reasonably requested and required by the agreement and law, subject to legitimate record retention and protected routine backups. Confidentiality continues after the engagement; trade secrets remain protected while they qualify as trade secrets. Nothing prohibits lawful reports to regulators, participation in investigations or legally protected disclosures.

Website support and ongoing maintenance

A website development project includes the launch and handover work specified in its scope. Ongoing hosting, backups, software updates, security monitoring, content changes, accessibility monitoring and recovery services are included only to the extent stated in the Service Agreement. The agreement should identify who performs these tasks after launch and any recurring fees.

After handover, changes by you, another provider or a platform may affect functionality and require separately scoped work. We remain responsible for correcting our own failure to meet the agreed deliverables. No general disclaimer removes an express support commitment or a remedy required by law.

Suspension and ending an engagement

Either party may end the engagement as allowed by the Service Agreement and cancellation policy. For a material breach that can be corrected, the other party may terminate after written notice describing the problem and at least 10 business days to remedy it, unless the Service Agreement specifies another reasonable period. We may pause affected work for overdue undisputed payments after notice and a reasonable opportunity to pay.

We may immediately pause affected activity when reasonably necessary to address unlawful instructions, a serious security risk or platform requirements, explaining the reason as soon as practicable. Suspension will be proportionate to the issue and does not authorize charges for work we are not entitled to bill.

At termination, you owe for completed work and authorized commitments under the agreement. We will refund or credit prepaid funds for services we will not perform that are not otherwise earned or lawfully nonrefundable. We will coordinate account handover and clarify which campaigns should stop. Provider charges may continue until the applicable provider processes cancellation. Payment obligations already incurred and provisions concerning ownership, confidentiality, liability and dispute resolution survive as necessary.

Third-party claims arising from client materials

For business-to-business engagements, you agree to reimburse Burnett Consulting for reasonable losses, court-awarded damages and reasonable legal fees arising from a third-party claim to the extent caused by materials you supply without necessary rights, materially false claims you supply, or unlawful instructions you require us to follow. This obligation does not cover claims caused by our unauthorized changes, breach, negligence or misconduct, and does not require payment of penalties that law prohibits shifting.

We must notify you promptly of a claim, provide reasonable cooperation and allow you a reasonable opportunity to participate in its defense with qualified counsel. Neither party may settle a claim in a way that admits fault, imposes nonmonetary obligations or requires payment by the other without that party's written consent, not to be unreasonably withheld. This provision is subject to the liability limits below and does not reduce non-waivable rights.

Limits of liability

For business-to-business service engagements, and only to the extent permitted by law, neither party is liable to the other for indirect, consequential, special or punitive damages, or consequential lost profits or business opportunities arising from the engagement. Except for the exclusions below, each party's aggregate liability arising from a claim or related claims is limited to the fees paid or payable to Burnett Consulting for the affected services during the 12 months preceding the event giving rise to the claim. For a one-time project, the cap will not be less than the total agreed project fee. Advertising spend paid to platforms is not a service fee for this calculation.

These exclusions and caps do not limit fraud, willful misconduct, gross negligence, infringement or misappropriation of the other party's intellectual property, breach of confidentiality or data-protection obligations, bodily injury, or liability that cannot lawfully be limited. They do not cancel fees properly owed, required refunds or your right to use paid-for deliverables. They do not apply to consumer transactions to the extent prohibited by applicable law.

We do not disclaim the reasonable professional care and express commitments stated in the Service Agreement. Nothing in these terms excludes a warranty, remedy or protection that cannot legally be excluded.

Using our website and educational content

You may browse our website, share links and use its resources for legitimate business evaluation and personal learning. Our website text, branding and original visuals are protected by applicable intellectual-property law. Except as permitted by law or an express license, you may not republish them commercially, impersonate Burnett Consulting or suggest an endorsement without permission.

Do not interfere with website operation, bypass access controls, introduce malicious code, submit fraudulent inquiries or access other people's information without authorization. Links to external websites are provided for convenience or reference and do not make us responsible for those sites or their independent services.

Educational content is general information rather than a personalized professional opinion. We seek to keep it accurate but cannot guarantee it remains complete or current. You may contact us about suspected errors or infringement. Nothing in these terms restricts honest reviews, lawful criticism, fair use, reporting concerns to authorities or other protected rights.

Governing law and resolving disputes

For accepted business-to-business Service Agreements, North Carolina law governs, excluding conflict-of-law rules, subject to applicable federal law and mandatory protections that cannot be waived. Unless the Service Agreement states otherwise, disputes may be brought in the state courts in Mecklenburg County, North Carolina, or the federal courts with jurisdiction there. This venue provision does not displace a forum or remedy that applicable law guarantees.

Please first send a written description of a dispute and the requested resolution to contact@burnettconsultinggroup.com. Both parties will make a good-faith effort to resolve it for up to 30 days. This process does not require delaying urgent relief, a filing needed to preserve a legal deadline, a payment dispute or a report to a regulator. It does not shorten or automatically extend a legal limitation period.

These terms do not require arbitration or waive jury-trial, class-action or other non-waivable rights.

Unexpected events, notices and changes to these terms

Neither party is responsible for delay caused by events reasonably beyond its control, such as natural disasters or widespread infrastructure outages, if it promptly explains the impact and takes reasonable steps to reduce disruption. This does not excuse payment for work already performed or permit retention of funds that must be refunded. If a disruption materially prevents services for more than 30 days, either party may end the affected work and settle fees and unused prepaid amounts under the cancellation provisions.

Notices may be sent to the designated business email in the Service Agreement or to our contact email below. Each party should keep contact details current. If delivery fails, use another reasonable method. Electronic signatures and records may be used where legally valid and agreed by the parties.

If a provision is unenforceable, the remaining provisions continue to the extent lawful. A delay in enforcing a provision is not a permanent waiver. Neither party may transfer its contractual obligations without the other's written consent, except as otherwise agreed. No third party receives enforcement rights under these terms unless expressly stated.

Updated website terms apply prospectively. The version incorporated into your accepted Service Agreement remains applicable unless both parties agree to a change or applicable law requires one. Posting a new version alone does not retroactively change a paid engagement. The Service Agreement, incorporated terms and agreed policies comprise the parties' agreement on the services; amendments must be documented and accepted by both parties.

Contact and related policies

Questions about these terms, cancellation notices and billing concerns may be sent to Burnett Consulting LLC.

Read our Privacy Policy and Refund & Cancellation Policy.