Legal
Terms of Service
Effective Date: August 28, 2026
This Terms of Service Agreement is entered into between Avermont Group, a business operating under the laws of the Commonwealth of Pennsylvania, United States, and the individual or entity purchasing or receiving our services. By booking a call, submitting payment, completing an onboarding form, or accessing any service, deliverable, or platform access provided by Avermont Group, you agree to be fully bound by this Agreement, the Privacy Policy, the Refund Policy, and the Cancellation Policy.
1. Parties & Agreement
1.1 Parties
This Terms of Service Agreement is entered into between Avermont Group, a business operating under the laws of the Commonwealth of Pennsylvania, United States (Company), and the individual or entity purchasing or receiving our services (Client).
1.2 Acceptance
By booking a call, submitting payment, completing an onboarding form, or accessing any service, deliverable, or platform access provided by Avermont Group, the Client agrees to be fully bound by this Agreement, the Privacy Policy, the Refund Policy, and the Cancellation Policy, all of which are incorporated herein by reference.
1.3 Capacity
By agreeing to these terms, you represent that you are at least 18 years of age, have the legal authority to enter into binding contracts, and, if acting on behalf of a business entity, are duly authorized to bind that entity.
2. Services Offered
Avermont Group provides digital marketing, local SEO, reputation management, automation, and related technology services. Our current service tiers are as follows:
Package 1, The Foundation ($797/month)
A monthly subscription service with no setup fees and no minimum commitment. Services include but are not limited to: Google Business Profile Management, Google Maps and Local SEO, Citation and Directory Management, Local Ranking Tracking and Heatmaps, Competitor and Local Visibility Analysis, Email Review Request Automation (unlimited, covered by us), Reputation Management and Review Reply Automation, GBP Content, Image and Video Management, Social Media Content Automation, YouTube Content and SEO, Website On-Page SEO, Schema Markup and FAQ Optimization, AI Search Optimization (GEO/AEO), Automated Local SEO Reporting, Ongoing Management and Support, and Proactive System QA every 30 days. Target go-live timeline: within 5 business days of completed onboarding.
Package 2, Local Dominance ($997/month)
A monthly subscription service with no setup fees and no minimum commitment. Includes everything in Package 1, plus: a Custom High-Converting SEO-Optimized Website, SMS Review Request Automation (coverage subject to volume and scope), Missed Call Text-Back Automation, AI SMS Conversation Bot (unlimited, fully covered by us), and WhatsApp Integration. Target go-live timeline: within 7 business days of completed onboarding.
Package 3, Enterprise / Custom (Custom Pricing)
Available exclusively to Clients who are actively enrolled in Package 2 (Local Dominance). Package 3 consists of a one-time custom setup fee (determined by scope) and does not carry an independent recurring monthly fee beyond the Client's existing Package 2 subscription. Additional SMS usage fees may apply if volume exceeds coverage capacity. Deliverables include any combination of: Custom AI Agents, Custom CRM Buildout, Custom Workflow Automations, Multi-Location Systems, Advanced Lead Routing, Custom Reporting Dashboards, and any additional automations agreed upon in writing.
2.1 Additional Locations
Packages 1 and 2 are priced for a single business location. Each additional location is billed at $397/month per location.
2.2 Scope Modifications
Any modification to the agreed scope of services must be confirmed in writing (email or signed addendum) by an authorized representative of Avermont Group. Verbal agreements regarding scope changes are not binding on the Company.
2.3 Service Evolution
The Company reserves the right to modify, update, or discontinue specific service components with reasonable notice to the Client. Such changes will not diminish the core value of the package contracted.
3. Onboarding & Go-Live Timeline
3.1 Onboarding Obligation
The Client's go-live timeline begins exclusively upon: (a) full payment of the first invoice, AND (b) submission of a complete onboarding form, AND (c) provision of all required platform access, credentials, and assets as requested by the Company.
3.2 Client Delays
If the Client fails to provide complete onboarding materials, access, or required information within 7 calendar days of being requested, the go-live timeline is paused. The Company bears no liability for delays caused by the Client's failure to complete onboarding in a timely manner.
3.3 Timeline Representation
The 5-day (Package 1) and 7-day (Package 2) go-live timelines are targets, not absolute guarantees, and are contingent upon timely and complete onboarding by the Client. The Company commits to making commercially reasonable efforts to meet these timelines.
3.4 Go-Live Definition
Go-live means the date on which the Company confirms in writing that the primary deliverables of the Client's package are operational and active.
4. Payment Terms
4.1 Payment Processing
All payments are processed through Stripe, Inc., a third-party payment processor. By providing payment information, the Client agrees to Stripe's Terms of Service and authorizes recurring charges as applicable.
4.2 Subscription Billing
Monthly subscription fees (Packages 1 and 2) are billed on a recurring monthly cycle beginning on the date of initial payment. Subsequent billing occurs on the same date each month unless cancelled in accordance with the Cancellation Policy.
4.3 Setup Fees
One-time setup fees applicable to Package 3 are due at the time of agreement and are non-refundable once work has commenced, as defined in the Refund Policy.
4.4 SMS Usage Fees
Clients on Package 2 or Package 3 may be subject to additional SMS usage fees if message volume exceeds what can be covered by the Company. Such fees, if applicable, will be disclosed in advance and billed separately.
4.5 Additional Location Fees
Fees for additional locations ($397/month each) are billed on the same cycle as the base subscription.
4.6 Failed Payments
In the event of a failed payment, the Company will notify the Client and attempt to process the payment again. If payment is not resolved within 5 business days, the Company reserves the right to suspend or terminate services without further notice. The Client remains liable for all outstanding balances.
4.7 Disputed Charges
The Client agrees to contact Avermont Group directly at askavermontgroup@gmail.com to resolve any billing disputes before initiating a chargeback or dispute with Stripe or their financial institution. Chargebacks initiated without prior good-faith communication are considered a breach of this Agreement.
4.8 Late Fees
Overdue balances may be subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is less) until paid in full.
4.9 Pricing Adjustments
The Company reserves the right to adjust subscription pricing with a minimum of 30 days' written notice to the Client. Continued use of services after the notice period constitutes acceptance of the new pricing. Clients who do not accept the new pricing may cancel in accordance with the Cancellation Policy without penalty before the new pricing takes effect. Nothing in this Agreement guarantees a price-locked arrangement in perpetuity.
5. Independent Contractors
5.1 Company Structure
Avermont Group operates with a team of independent contractors overseen by company leadership. All contractors are bound by confidentiality and service delivery standards set by the Company.
5.2 No Employee Relationship
No contractor engaged by the Company in delivery of services shall be considered an employee, partner, or agent of the Client.
5.3 Subprocessors
The Company may use third-party platforms, tools, and service providers to deliver its services. The Company vets all subprocessors for security and reliability. Clients acknowledge and consent to the use of such third-party tools as necessary for service delivery.
6. Client Responsibilities
The Client agrees to: provide accurate, complete, and timely information required for onboarding; grant necessary access to platforms, accounts, and assets as requested; maintain a valid payment method on file at all times; designate a primary point of contact for communications; respond to Company communications within 3 business days; refrain from making changes to any systems or accounts managed by the Company without prior written notice; and cooperate in good faith throughout the engagement.
6.1 SMS and Messaging Compliance
Where the Client has engaged SMS-based services (Package 2 or Package 3), the Client represents and warrants that all end-customer phone numbers provided to Avermont Group for SMS outreach have been collected with valid prior express written consent as required by the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), and any other applicable law in the end-customer's jurisdiction. The Client is solely responsible for maintaining records of that consent. The Client agrees to indemnify and hold harmless Avermont Group from any TCPA, CASL, or equivalent claims arising from SMS messages sent to numbers provided by the Client. Avermont Group honors opt-out requests (STOP replies) immediately and automatically within its systems. The Client must not re-add opted-out numbers without obtaining new valid consent. SMS compliance is a shared responsibility, and this clause exists to keep the operation clean and lawful for both parties.
7. Intellectual Property
7.1 Client-Owned Assets
Any content, branding, images, or materials provided by the Client remain the sole property of the Client.
7.2 Company Work Product
Upon full payment of all amounts owed, work product created specifically and exclusively for the Client (e.g., website content, GBP posts) is assigned to the Client. However, any proprietary systems, frameworks, automation templates, workflows, methodologies, or underlying technology developed by the Company remain the exclusive intellectual property of Avermont Group and are licensed to the Client on a non-exclusive, non-transferable basis for the duration of the active subscription.
7.3 License Termination
Upon cancellation or termination of services, the Client's license to use Company-built systems and automations terminates. The Client is responsible for exporting or migrating their own data prior to termination.
7.4 Portfolio Rights
The Company reserves the right to reference the Client's business name and results (in aggregate, anonymized form) for marketing and portfolio purposes, unless the Client explicitly opts out in writing.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary, financial, or operational information disclosed during the engagement and not to disclose such information to third parties without prior written consent, except as required by law.
9. Use of AI-Assisted Technology
Avermont Group uses AI-assisted tools and automated systems to deliver some of its services, including but not limited to content generation, review responses, SMS conversations, social media posts, and workflow automation. Not all deliverables are AI-generated. Human oversight, strategy, and quality review are integral to every service we provide. AI is a tool our team uses to move faster and stay consistent. It does not replace the people responsible for your account. The Client is responsible for reviewing and approving all content before it goes live on their platforms. Where the Client has authorized the Company in writing to publish content on their behalf without prior individual approval, that authorization constitutes acceptance of each deliverable published under that arrangement. Once the Client approves a deliverable, the Client assumes responsibility for ensuring that AI-assisted content complies with any platform policies applicable to their specific accounts. The Company is not liable for any regulatory fines, platform penalties, or third-party claims arising from the Client's distribution, modification, or use of AI-assisted deliverables after the Client has approved them.
10. Disclaimers & Limitations of Liability
10.1 No Guarantee of Results
Digital marketing results, including but not limited to search rankings, traffic, lead volume, and revenue, are inherently variable and subject to factors outside the Company's control, including algorithm changes, market conditions, competitor activity, and Client-side factors. The Company makes no guarantee of specific marketing results. The only commitment made by the Company is adherence to the go-live timeline, subject to Section 3.
10.2 Third-Party Platforms
The Company is not responsible for service interruptions, policy changes, or decisions made by third-party platforms (including Google, social media networks, or payment processors) that may affect campaign performance or deliverability.
10.3 Limitation of Liability
To the maximum extent permitted by applicable law, Avermont Group's total liability to the Client for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the Client to the Company in the three (3) months preceding the event giving rise to the claim. In no event shall Avermont Group be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.
10.4 Force Majeure
The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, power outages, pandemics, governmental actions, or third-party platform outages.
11. Indemnification
The Client agrees to indemnify, defend, and hold harmless Avermont Group and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) the Client's breach of this Agreement; (b) the Client's misuse of any deliverable or system; (c) any content or materials provided by the Client that infringe the rights of a third party; or (d) the Client's violation of applicable law.
12. Dispute Resolution
BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND AGREEING TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.
Arbitration means that instead of going to court and having a judge or jury decide your dispute, you and Avermont Group agree to present the dispute to a neutral third-party arbitrator whose decision is final and binding. By agreeing to these terms, you are giving up your constitutional right to have your dispute decided by a jury in a court of law. This is an important right, and we want you to understand exactly what you are agreeing to before you proceed.
12.1 Good Faith
In the event of a dispute, both parties agree to attempt resolution through good-faith communication for a period of 30 days before pursuing formal proceedings.
12.2 Binding Arbitration
If the dispute is not resolved informally, both parties agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Pennsylvania.
12.3 Class Action Waiver
The Client waives any right to participate in a class action lawsuit or class-wide arbitration against Avermont Group.
12.4 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Pennsylvania.
13. General Provisions
13.1 Entire Agreement
This Agreement, together with the Privacy Policy, Refund Policy, and Cancellation Policy, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions or representations.
13.2 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision in the future.
13.4 Assignment
The Client may not assign this Agreement or any rights hereunder without the prior written consent of Avermont Group. The Company may assign this Agreement in connection with a merger, acquisition, or sale of assets.
13.5 Notices
All notices under this Agreement shall be sent via email to the contact addresses provided by each party at the time of engagement.
13.6 Updates
The Company reserves the right to update these Terms of Service at any time. Continued use of services after notice of an update constitutes acceptance of the updated terms.
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