Terms and Conditions

Last Updated: 04/01/2026

Welcome to Performance Digital Solutions. By engaging with our website, services, or entering into a service agreement with us, you agree to the following terms and conditions. Please read them carefully.

1. Eligibility and Age Restrictions

Our services are intended for users who are 18 years of age or older. By using our services, you confirm that you meet this eligibility requirement.

2. Services Offered

Performance Digital Solutions provides custom websites, SEO strategies, social media campaigns, and business audits. Each service engagement is governed by a separate service agreement that outlines the scope, deliverables, and pricing. Certain services may be performed by vetted subcontractors; Performance Digital Solutions remains responsible for the quality of all deliverables.

3. Client Responsibilities

Clients agree to provide timely access to necessary resources, feedback, approvals, and information to facilitate project completion. Work will not begin until all required onboarding materials—including a signed agreement, initial payment, brand assets, access credentials, and a designated point of contact—are received. Clients warrant that they have all necessary rights and consents to provide any personal data to Performance Digital Solutions. Clients further acknowledge that delays in providing required materials or approvals may result in corresponding delays to project timelines, and that Performance Digital Solutions shall not be held liable for any such delays caused by Client inaction.

4. Payment Terms

All payments are due according to the schedule outlined in the service agreement. Late payments may incur additional fees or service suspension. Performance Digital Solutions reserves the right to charge interest on overdue balances at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower), accruing from the due date until paid in full. Client shall be responsible for all reasonable costs of collection, including attorney's fees, in the event of non-payment.

5. Refund Policy

All sales are final unless otherwise specified in the service agreement. Refund requests must be submitted in writing within 30 days of the triggering event. Refunds are provided at the discretion of Performance Digital Solutions for any uncompleted work.

6. Subscription-Specific Terms

For services delivered on a subscription basis:

Subscriptions automatically renew unless canceled before the next billing cycle. Clients will receive written notice of upcoming renewal no less than 7 days prior to the renewal date.
Cancellations take effect at the end of the current billing cycle.
Upon cancellation, access to services and deliverables will be suspended unless a buyout is arranged.
Upon service cancellation, client data will either be deleted or returned in accordance with the Privacy Policy or executed Data Processing Agreement (DPA).

7. Right to Modify Terms

We reserve the right to update these terms and conditions at any time. Material changes will require affirmative acceptance before continued use of services. Non-material updates become effective upon posting. Clients will be notified of all changes via email or our website.

8. Privacy and Data Protection

By using our services, you agree to our Privacy Policy. Performance Digital Solutions complies with GDPR, CCPA, and other applicable data protection laws. We act as a Data Processor when managing client data and as a Data Controller for our own operational data. Any use of client data for internal improvements is done using anonymized or aggregated data, unless otherwise legally justified. We use trusted sub-processors for certain operations and are committed to vetting them thoroughly. Where applicable, international data transfers are handled through recognized legal mechanisms. A separate Data Processing Agreement (DPA) may be executed to govern data processing terms.

8a. CCPA / CPRA Consumer Rights (California Residents)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) as amended by the CPRA:

Right to Know: You may request information about the personal data we collect, use, and share.
Right to Delete: You may request deletion of your personal data, subject to certain exceptions.
Right to Opt-Out: You may opt out of the sale or sharing of your personal data. Performance Digital Solutions does not sell personal data.
Right to Correct: You may request correction of inaccurate personal data.
Right to Limit Use of Sensitive Personal Information.
Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

To submit a request, contact us at privacy@performancedigitalsolutions.com.

9. User Conduct and Prohibited Activities

You agree not to:

Use our services for illegal purposes
Abuse or exploit service access
Infringe on intellectual property rights
Attempt to gain unauthorized access to systems
Transmit harmful or disruptive content
Violate any applicable privacy laws or regulations

Violations may result in immediate termination.

10. Intellectual Property

Performance Digital Solutions retains ownership of proprietary methods, processes, and templates. Final deliverables are transferred to the client upon full payment, except for stock assets or third-party tools with separate licenses. Upon transfer of deliverables, Client grants Performance Digital Solutions a limited, non-exclusive license to use such deliverables in portfolio and marketing materials, subject to Section 23.

11. Service Availability and Interruptions

While we strive for consistent service, we do not guarantee uninterrupted availability. We are not liable for downtime due to maintenance, technical issues, or other causes outside our reasonable control (see Section 11a — Force Majeure).

11a. Force Majeure

Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, government actions, pandemics, cyberattacks, internet or telecommunications failures, or labor disputes ("Force Majeure Event"). The affected party shall promptly notify the other party of a Force Majeure Event and use commercially reasonable efforts to resume performance. If a Force Majeure Event continues for more than 30 days, either party may terminate the Agreement without penalty upon written notice.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project, including personal data. "Confidential Information" means any non-public information disclosed by one party to the other in connection with the services. Confidentiality obligations survive termination of this Agreement. In the event of a data breach involving client data, we will notify the client within 72 hours of discovery, in accordance with applicable laws.

13. Performance and Results Disclaimer

While our strategies are data-driven and designed for results, Performance Digital Solutions cannot guarantee specific outcomes due to the variable nature of digital platforms and market conditions. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PERFORMANCE DIGITAL SOLUTIONS DOES NOT WARRANT THAT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

14. Revisions and Scope Changes

Each project includes a limited number of revision rounds as defined in the agreement. Additional changes or requests outside of the original scope may incur extra charges and require a change order.

14a. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERFORMANCE DIGITAL SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PERFORMANCE DIGITAL SOLUTIONS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO PERFORMANCE DIGITAL SOLUTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Termination

Either party may terminate the agreement with 30 days' written notice. Refunds for work not completed may be provided at the discretion of Performance Digital Solutions, less any costs incurred. Upon termination, any personal data in our possession will be deleted or returned to the client per our Privacy Policy or DPA.

16. Termination by Agency

We reserve the right to terminate any engagement for non-payment, breach of terms, unlawful activity, or at our discretion with 14 days' written notice, except in cases of material breach or unlawful activity, where termination may be immediate.

17. Ownership and Access on Cancellation

For subscription services, all access to work and deliverables is suspended upon cancellation or non-renewal. Ownership remains with Performance Digital Solutions unless a separate buyout agreement is arranged. Client data will be handled in accordance with our Privacy Policy or applicable DPA.

18. GoHighLevel Platform — Website Migration and Ownership Transfer

Some websites built and managed by Performance Digital Solutions are developed and hosted on the GoHighLevel (GHL) platform. If your website was built using GoHighLevel, the following terms apply:

a. Platform Infrastructure. Your website exists within a Performance Digital Solutions GoHighLevel sub-account. The website pages, funnels, automations, and associated digital assets are built on and hosted through the GoHighLevel platform.

b. Client Takeover or Migration. If you wish to take direct ownership of your GoHighLevel-hosted website—whether to self-manage it or migrate it to another provider—you will be required to create your own GoHighLevel account. Pricing for GoHighLevel plans is established solely by GoHighLevel and is subject to change at their discretion. Please refer to www.gohighlevel.com for current pricing. Performance Digital Solutions is not responsible for any GoHighLevel pricing changes.

c. Sub-Account Snapshot Transfer. Once you have created your own GoHighLevel account, Performance Digital Solutions will facilitate the transfer of your website and associated assets via a GoHighLevel snapshot or sub-account migration. Transfers will be completed within a commercially reasonable timeframe, not to exceed 14 business days from receipt of all required account credentials. A one-time offboarding or transfer fee may apply, as outlined in your service agreement.

d. Scope of Transfer. The transfer includes website pages, funnels, forms, pipelines, and digital content created by Performance Digital Solutions on your behalf. It does not include proprietary templates, internal workflows, agency-level automations, or systems owned by Performance Digital Solutions. Third-party integrations, API keys, domain settings, and external service accounts must be independently reconfigured by the client following the transfer.

e. Outstanding Balances. All outstanding balances owed to Performance Digital Solutions must be settled in full prior to initiating any website transfer or migration.

f. No Guarantee of Post-Transfer Continuity. Performance Digital Solutions does not guarantee that all features, integrations, automations, or third-party connections will function identically after migration to a separately owned GoHighLevel account. The client is solely responsible for testing, verifying, and maintaining functionality following the transfer.

g. Third-Party Platform Terms. The client's use of GoHighLevel is governed solely by GoHighLevel's own Terms of Service and Privacy Policy, available at www.gohighlevel.com. Performance Digital Solutions is not responsible for any changes GoHighLevel makes to its platform, pricing, feature set, or availability.

h. Migration Assistance. Performance Digital Solutions may provide additional migration support, training, or technical assistance at an additional cost. Any such services will be scoped and agreed upon in writing prior to commencement.

i. Data Portability. Upon migration, all client-owned data and content will be transferred or made available in accordance with our Privacy Policy and any applicable Data Processing Agreement.

19. Indemnification

Clients agree to indemnify and hold Performance Digital Solutions harmless against any third-party claims, liabilities, damages, or expenses arising from their use of our services, breach of terms, violation of laws, or violation of applicable privacy regulations. Performance Digital Solutions agrees to indemnify and hold Client harmless against any third-party claims arising from Performance Digital Solutions's own gross negligence or willful misconduct in the performance of services.

20. Dispute Resolution

We encourage resolving disputes through informal negotiation first. If unresolved within 30 days of written notice of a dispute, disputes will be subject to binding arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules, with proceedings held in Clark County, Nevada. THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

21. Governing Law

These terms shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. For any matters not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Clark County, Nevada.

22. Electronic Communications and Signatures

Electronic communications, including emails and electronic signatures, are legally binding and acceptable for all agreements, notices, and approvals, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Nevada Uniform Electronic Transactions Act (UETA).

23. Portfolio Rights

With client permission, we may showcase completed work in our portfolio or marketing materials. Consent will be obtained in writing prior to inclusion. Clients may withdraw consent at any time by providing written notice to privacy@performancedigitalsolutions.com. Withdrawal of consent will result in removal of the relevant materials from active marketing within 30 days, but does not require removal from archived or already-published materials.

24. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

25. Entire Agreement

These Terms, together with any applicable service agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, and understandings of any kind.

26. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Performance Digital Solutions. Failure to enforce any provision shall not constitute a waiver of the right to enforce it in the future.

27. Accessibility

Performance Digital Solutions is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards. If you experience difficulty accessing any part of our website or services, please contact us at privacy@performancedigitalsolutions.com and we will make reasonable efforts to accommodate your needs.

28. Ongoing Review

We regularly review and update these Terms and our Privacy Policy to ensure compliance with evolving legal requirements and best practices.

If you have any questions about these terms, please contact us at privacy@performancedigitalsolutions.com.

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