Terms and Conditions
Terms and Conditions
Effective Date: 06/30/2025 Last Updated: 05/26/2026
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, business audits, and 24/7 AI Receptionist services. 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. 24/7 AI Receptionist Service Terms
This section governs the use of Performance Digital Solutions' 24/7 AI Receptionist service ("AI Receptionist"), which provides automated, AI-powered call answering, lead qualification, appointment booking, and SMS follow-up on behalf of client businesses.
19a. Service Description
The AI Receptionist is an automated virtual assistant that answers inbound calls, qualifies callers, captures lead information, books appointments, and sends SMS notifications — 24 hours a day, 7 days a week — on behalf of the subscribing client business. The service is powered by artificial intelligence, including large language model (LLM) and speech-to-text technologies. The AI Receptionist is not a human employee or agent.
19b. Call Recording and Transcription Consent — Client Obligations
By subscribing to the AI Receptionist service, Client acknowledges and agrees that:
All inbound calls handled by the AI Receptionist will be recorded and transcribed by automated systems.
Client is solely responsible for ensuring that their callers receive legally compliant notice that their call may be recorded and that they are interacting with an AI system. Our default AI Receptionist greeting includes such notice; Client must not disable, alter, or remove any legally required disclosures from the AI greeting without first consulting legal counsel and obtaining written approval from Performance Digital Solutions.
Call recording laws vary by state and country. In all-party consent states (including but not limited to California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington), all parties to a call must consent before recording. Client is responsible for compliance with all applicable federal and state call recording laws, including but not limited to:
The Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2511
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227
Applicable state wiretapping and call recording statutes
Performance Digital Solutions provides a standard legally-informed disclosure script as part of the service setup but makes no warranty that such script satisfies the legal requirements of every jurisdiction. Client is encouraged to have the disclosure reviewed by legal counsel for their specific jurisdiction(s) of operation.
Client agrees to indemnify and hold Performance Digital Solutions harmless from any claims, penalties, fines, or liabilities arising from Client's failure to obtain required caller consent or provide legally required disclosures.
19c. TCPA and SMS Compliance
The AI Receptionist may send automated SMS messages to callers (e.g., appointment confirmations, follow-up messages, lead nurture sequences) on Client's behalf. Client agrees that:
SMS messages will be sent only to individuals who have provided their phone number during an AI Receptionist call interaction and have not opted out.
Client is responsible for maintaining TCPA compliance for all SMS communications sent on their behalf, including ensuring valid prior express written consent where required.
All AI-generated SMS messages include opt-out instructions (e.g., "Reply STOP to unsubscribe"). Client must not remove or alter these opt-out instructions.
Performance Digital Solutions is not liable for TCPA violations arising from Client-directed SMS campaigns or Client-modified messaging sequences.
19d. AI Accuracy and Service Limitations Disclaimer
The AI Receptionist uses advanced artificial intelligence but is not infallible. Client acknowledges and agrees that:
The AI Receptionist may make errors, including misunderstanding caller requests, providing inaccurate information, failing to capture complete caller details, or incorrectly booking or declining appointments.
The AI Receptionist does not replace human judgment. For complex, sensitive, or high-stakes inquiries, Client is responsible for configuring appropriate escalation paths (e.g., routing to a human agent or voicemail) and for monitoring AI call performance.
Performance Digital Solutions does not guarantee that the AI Receptionist will handle every call successfully, that call transcripts will be 100% accurate, or that all leads will be correctly qualified.
Client is responsible for reviewing AI Receptionist call summaries and transcripts and for following up with callers as needed. Performance Digital Solutions is not liable for lost business, missed appointments, or other outcomes resulting from AI errors or service interruptions.
The AI Receptionist is configured based on information and scripts provided by Client. The accuracy, completeness, and appropriateness of the AI's responses are directly dependent on the quality of information Client provides during onboarding and ongoing configuration.
19e. AI Identity Disclosure
The AI Receptionist is configured to identify itself as an AI system at the start of each call. Client must not instruct or configure the AI Receptionist to impersonate a human agent, claim to be a human when sincerely asked, or otherwise deceive callers about the automated nature of the interaction. Violation of this provision may result in immediate service termination and potential legal liability for Client under applicable consumer protection and deceptive practices laws.
19f. Prohibited Uses of AI Receptionist
Client agrees not to use the AI Receptionist to:
Conduct unsolicited outbound robocalling campaigns in violation of the TCPA or applicable law
Collect sensitive personal information (such as Social Security numbers, full credit card numbers, or health information protected under HIPAA) without appropriate legal safeguards in place
Harass, threaten, or deceive callers
Violate any applicable federal, state, or local law or regulation
Operate in industries or for purposes that require human oversight under applicable licensing or regulatory requirements, unless a human review and oversight process is in place
19g. Call Data Ownership and Retention
Call recordings, transcripts, and caller data collected through the AI Receptionist service belong to the Client business on whose behalf they were collected. Performance Digital Solutions retains such data as a data processor solely to deliver the service. Call recordings and transcripts are retained for a default period of 12 months unless otherwise specified in the service agreement. Upon cancellation or termination of service, Client data will be returned or securely deleted in accordance with our Privacy Policy and any applicable DPA.
19h. Service Uptime and Availability
Performance Digital Solutions will use commercially reasonable efforts to maintain AI Receptionist service availability 24 hours a day, 7 days a week. However, we do not guarantee 100% uptime. Scheduled maintenance windows will be communicated in advance where practicable. Unplanned outages due to third-party infrastructure failures (including telephony providers, LLM providers, or cloud services) are outside our direct control. Performance Digital Solutions shall not be liable for any lost business, missed calls, or other damages arising from service interruptions, subject to the Limitation of Liability in Section 14a.
19i. Regulatory Compliance — Client's Ongoing Responsibility
Laws and regulations governing AI systems, automated calling, and call recording are evolving rapidly at federal, state, and local levels. Client is solely responsible for monitoring and complying with applicable laws and regulations as they relate to Client's use of the AI Receptionist service, including any industry-specific requirements (e.g., healthcare, financial services, legal services). Performance Digital Solutions will make reasonable efforts to update the service's default configurations as significant regulatory changes arise but makes no warranty that the service is compliant with every applicable law in every jurisdiction at all times.
20. 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 — including but not limited to claims arising from Client's failure to obtain required caller consent, TCPA violations, or misuse of the AI Receptionist service. 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.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Ongoing Review
We regularly review and update these Terms and our Privacy Policy to ensure compliance with evolving legal requirements and best practices. Given the rapidly evolving regulatory landscape around artificial intelligence and automated communications, we commit to reviewing these Terms at minimum every 6 months.
30. Free Website Offer, Domain Registration & Incentivized Review Disclosure
a. Free Website Offer. Performance Digital Solutions may, from time to time, offer to build and deliver a basic business website at no charge (the "Free Website Offer") to prospective or existing clients. Participation in this offer is subject to the terms of a separate Free Website Offer Agreement executed between the parties, which governs the scope of deliverables, domain registration, review solicitation, and renewal terms. In the event of any conflict between this Section and an executed Free Website Offer Agreement, the Free Website Offer Agreement controls.
b. Domain Registration on Client's Behalf. Where Performance Digital Solutions purchases a domain name on a client's behalf as part of the Free Website Offer or any other engagement, the following terms apply:
The domain is the exclusive property of the client. Performance Digital Solutions acts solely as registrant of record for administrative convenience and retains no ownership interest in the domain.
The client will be notified in writing of the domain name, registrar, purchase date, and estimated annual renewal cost at the time of purchase.
Performance Digital Solutions will notify the client no later than 60 days prior to domain expiration. The client is responsible for timely payment of applicable renewal fees (typically $12–$20/year, subject to registrar pricing).
Upon written request, Performance Digital Solutions will initiate a transfer of the domain to the client's preferred registrar within 14 business days, subject to settlement of any outstanding balances owed to Performance Digital Solutions.
If the client fails to arrange renewal or transfer following proper notice, the domain may expire and lapse. Performance Digital Solutions shall not be liable for loss of an expired domain after timely notification has been provided.
c. Incentivized Review Disclosure — FTC Compliance. When a website or other service is provided at no charge in connection with a request for an online review or testimonial, both parties acknowledge the following in compliance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), including amendments effective 2023:
The provision of a complimentary website constitutes a material connection between Performance Digital Solutions and any resulting review or endorsement, as defined under applicable FTC guidelines.
Clients are not required to leave a positive review, any specific star rating, or any review at all as a condition of receiving the website or any other deliverable under the Free Website Offer. The offer is not contingent on the content, sentiment, or rating of any review.
If a client voluntarily posts a review in connection with this offer, the client is encouraged to disclose the material connection in their review (e.g., "I received a complimentary website from Performance Digital Solutions") in accordance with applicable FTC guidelines.
Performance Digital Solutions does not pay for, incentivize, or otherwise solicit fake or inauthentic reviews, and does not suppress, edit, or interfere with honest reviews of any rating.
If you have any questions about these terms, please contact us at privacy@performancedigitalsolutions.com.
