Customer Terms of Service

These are the master terms for a paid engagement with Macbach. They are written to be read. They sit above your Statement of Work and the per-product terms, and they hold the whole relationship together: what we do, what you pay, what you own, and how either side ends it. Where these terms and a signed Statement of Work ever differ, the Statement of Work controls for that engagement.

Who these terms cover

Macbach, LLC, doing business as Macbach Healthcare Solutions (“Macbach,” “we,” “our”), and the practice that signs a Statement of Work with us (“you,” “your,” the “Client”). These terms apply to every product you buy from us and to the engagement as a whole.

Definitions

A Product is one of our named services: Site, Engine, Ground, Lift, Source, Architect, the optional maintenance plan, or the CRM and client portal. A Statement of Work (“SOW”) is the document you sign that lists the products you bought, their tiers, their fees, and any terms specific to your engagement. The Product Terms describe how each service works and are incorporated into this agreement by reference. The growth engine is the running system we operate on your behalf: intake forms, live schema, local pages, dashboards, and the CRM.

Services

We provide the healthcare marketing services set out in your Statement of Work and described in the Product Terms. Each product has its own scope. Where a product’s terms differ from these master terms, the product’s terms control for that product. We commit to the methodology, the effort, and the transparency described in the Product Terms.

Term and termination, set per product

There is no blanket one-year, auto-renewing, non-cancelable term. Commitment and termination are governed per product, and your Statement of Work controls:

• Lift is month-to-month, billed monthly, and may be stopped by either side with thirty days’ written notice. The current month’s management fee is not prorated.
• Ground, Engine, and Architect run on twelve-month terms. Either side may decline renewal at the end of the term; early termination is handled per your Statement of Work.
• Site is a one-time build. After launch, ongoing growth runs through Engine, and the site is kept current by the optional monthly maintenance plan if you take it.
• Source runs on a twelve-month term.

This agreement begins on the effective date of your first Statement of Work and continues while any product is active. Ending one product does not end the others. Each product ends on its own terms.

Fees and payment

You pay the fees stated in your Statement of Work for each product. Fees are exclusive of taxes, which are your responsibility. Invoices are due on receipt. Late payments bear interest at the lower of 1.5% per month or the maximum the law allows. For Lift, the ad spend is your own media budget, passed through at cost and never marked up; our invoice is the management fee only.

Refunds and prorations

Refunds and prorations follow our refund policy and cancellation policy. In short: before a project starts, you can cancel and we settle any pre-project details per your Statement of Work; once work has started, fees pay for work performed and are not refunded or prorated. Lift can be stopped with thirty days’ notice, and the current month is not prorated. The committed twelve-month products are not refunded for the unfinished term if you end early, except as your Statement of Work provides.

Ownership and exit

Your domain, your website, your content, your accounts (analytics, ad, and Google Business Profile), and your patient data are and remain yours. We export them to you on request and on exit, and we never deactivate your site or withhold your data.

The growth engine we operate is a licensed managed service. It runs for the life of the engagement and ends with it; it is not transferred to you and is not yours to keep operating afterward. We are precise about that line rather than pretend there is no switching cost. You own your data, your site, your content, and your accounts; you do not own the engine we run, and we do not claim you take everything with you when you go.

No guarantees of outcomes

We commit to methodology, effort, and transparency. We do not guarantee search rankings, traffic, lead counts, patient volume, revenue, AI-citation, or any outcome that depends on third-party platforms, your local competition, or seasonality, none of which we control. Anyone who guarantees those numbers is either lying, inexperienced, or both.

HIPAA and protected health information

We build forms to validate server-side and keep protected health information (PHI) out of analytics and ad remarketing. Where we handle PHI on your behalf, the parties will execute a Business Associate Agreement (BAA) that governs that handling. The BAA is part of your engagement where it applies.

Confidentiality

Each side protects the other’s confidential information and uses it only to perform this agreement. This survives the end of the engagement.

Limitation of liability

To the fullest extent permitted by law, neither side is liable for indirect, incidental, consequential, or punitive damages. Each side’s total liability for anything connected to the engagement is capped at the fees you paid us in the twelve months before the claim arose.

Governing law

This agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. The parties consent to exclusive jurisdiction in the state and federal courts located in Pinellas County, Florida.

Entire agreement

These Customer Terms of Service, together with your Statement of Work, the Product Terms, the refund and cancellation policies, and any Business Associate Agreement, are the entire agreement between us. They replace any prior master terms, including the legacy one-year auto-renewing terms carried over from our former website, and they control over any prior proposal or conversation. Changes must be in writing and agreed by both sides.

Contact

Questions about these terms: support@macbach.com.