Terms and Conditions

Effective Date: June 15, 2026  |  Last Updated: June 15, 2026

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.mobilizecloud.com/ (the “Site”) and any services provided by Mobilize Cloud (“Company,” “we,” “us,” or “our”), a web development and digital marketing agency located at 4260 Tuller Road, Suite 202, Dublin, Ohio 43016.

By accessing or using our Site, requesting a quote, or engaging us for any services, you (“User,” “Client,” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must discontinue use of the Site and our services immediately.

These Terms apply to all visitors, clients, and others who access or use our Site or services. For ongoing client engagements, a separate Statement of Work or Service Agreement may supplement these Terms.

2. Services Offered

Mobilize Cloud provides the following services, among others:

  • Website Design and Development
  • Web Application Development
  • WordPress Design, Development, Maintenance, and Security
  • Search Engine Optimization (SEO) and Search Engine Marketing (SEM)
  • Digital Marketing and Advertising Campaigns
  • Web Hosting
  • Payment Processing Solutions (Mobilize Pay)

The specific scope, deliverables, timeline, and pricing for client engagements are defined in a separate proposal, Statement of Work (SOW), or Service Agreement executed between the Company and the Client. In the event of any conflict between these Terms and a signed SOW or Service Agreement, the SOW or Service Agreement shall control with respect to that specific engagement.

3. Permitted Use of the Website

You may use our Site for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates applicable local, state, national, or international law or regulation
  • Transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material (spam)
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
  • Attempt to gain unauthorized access to any part of the Site or any server, system, or network connected to the Site
  • Use any automated means, including bots, scrapers, or crawlers, to access or collect data from the Site without our express written permission
  • Introduce any viruses, malware, or other harmful material to the Site
  • Impersonate or attempt to impersonate Mobilize Cloud, a Mobilize Cloud employee, another user, or any other person or entity

We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any violation of these Terms or for any other reason at our sole discretion.

4. Client Engagements and Project Terms

4.1 Proposals and Agreements

All services are provided pursuant to a written proposal or Statement of Work accepted by the Client. Verbal agreements or representations not reflected in a signed document are not binding on the Company.

4.2 Client Responsibilities

To enable timely delivery of services, the Client agrees to:

  • Provide accurate, complete, and timely content, materials, access credentials, and feedback as requested
  • Designate a primary point of contact authorized to make decisions on the Client’s behalf
  • Review and approve deliverables within the timeframes specified in the SOW
  • Ensure that all materials provided to Mobilize Cloud (text, images, logos, data) do not infringe any third-party intellectual property rights and that the Client has the right to use and provide such materials

Delays caused by the Client’s failure to fulfill these responsibilities may result in project timeline extensions and/or additional fees.

4.3 Change Orders

Any modifications to the agreed scope of work must be documented in a written Change Order signed by both parties. Additional work performed outside the original scope is subject to the Company’s then-current rates and a revised timeline.

4.4 Approval and Launch

Prior to launch or delivery of any final deliverable, the Client will be given an opportunity to review and approve the work. Once the Client provides written approval (including approval by email), the deliverable is considered accepted. Post-approval revisions constitute additional work subject to a Change Order.

5. Fees and Payment

5.1 Fees

Fees for services are set forth in the applicable proposal or SOW. All fees are in U.S. dollars. We reserve the right to modify our rates with reasonable advance notice to ongoing clients.

5.2 Payment Schedule

Unless otherwise agreed in writing, the following default payment terms apply:

  • A deposit of 50% of the total project fee is due prior to commencement of work
  • The remaining balance is due upon project completion and prior to final delivery or launch
  • Recurring services (hosting, maintenance, SEO/SEM retainers) are invoiced monthly in advance

5.3 Late Payments

Invoices not paid within 30 days of the invoice date are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. The Company reserves the right to suspend services for accounts that are more than 30 days past due.

5.4 Disputed Invoices

If you dispute any invoice amount, you must notify us in writing within 10 business days of receipt of the invoice. Undisputed portions of invoices remain due and payable on the original due date.

5.5 Taxes

Fees do not include applicable sales, use, or other taxes. Where required by law, applicable taxes will be added to invoices. The Client is responsible for all taxes associated with the services provided.

6. Intellectual Property

6.1 Work Product Ownership

Upon receipt of full payment for a project, and unless otherwise specified in a signed SOW, the Client will own the final deliverables created specifically for that project, including custom website designs and custom code developed exclusively for the Client.

6.2 Company Retained Rights

Mobilize Cloud retains ownership of:

  • All pre-existing intellectual property, tools, frameworks, libraries, methodologies, and know-how used in the performance of services (“Background IP”)
  • Any general-purpose code, modules, or components developed during the project that are not specific to the Client’s project
  • The right to display the completed work in our portfolio and marketing materials, unless the Client requests otherwise in writing

The Company grants the Client a non-exclusive, perpetual, royalty-free license to use any Background IP incorporated into the Client’s deliverables solely in connection with those deliverables.

6.3 Third-Party Components

Deliverables may incorporate third-party software, themes, plugins, stock images, or other licensed materials. The Client is responsible for complying with the applicable license terms for such third-party components. Mobilize Cloud will identify material third-party components used in a project upon request.

6.4 Company Trademarks

The Mobilize Cloud name, logo, and other trademarks and service marks are the exclusive property of Mobilize Cloud. You may not use our marks without our prior written consent.

7. Web Hosting Services

Where Mobilize Cloud provides web hosting services, the following additional terms apply:

  • Hosting services are provided on a month-to-month or annual basis as specified in the applicable agreement
  • The Client is responsible for maintaining the security of all access credentials for hosted environments
  • We will make commercially reasonable efforts to maintain uptime but do not guarantee uninterrupted service. Scheduled maintenance will be performed during low-traffic periods with reasonable notice where practicable
  • The Client may not use hosted services for illegal activities, to distribute malware, to send spam, or in any way that violates these Terms
  • Mobilize Cloud reserves the right to suspend or terminate hosting services immediately if the Client’s use creates a security risk, violates applicable law, or violates these Terms
  • Clients are responsible for maintaining backups of their own data. While we may perform backups as part of our hosting service, we do not guarantee backup availability and are not liable for data loss

8. SEO, SEM, and Digital Marketing Services

For search engine optimization, search engine marketing, and digital marketing services, the Client acknowledges and agrees that:

  • Search engine rankings and advertising results are subject to the policies and algorithms of third-party platforms (including Google and Meta/Facebook) and cannot be guaranteed by Mobilize Cloud
  • Advertising spend (e.g., Google Ads budget, Facebook Ads budget) is separate from and in addition to our service fees, unless explicitly bundled in the SOW
  • Changes to search engine algorithms or platform policies may affect campaign performance and may require adjustments to strategy
  • The Client must provide truthful and accurate information about their business for use in marketing campaigns and must not direct us to engage in deceptive advertising practices
  • Mobilize Cloud is not liable for any penalties imposed by search engines or advertising platforms resulting from content provided by the Client or from platform policy changes beyond our control

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the services that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure (“Confidential Information”).

Neither party will disclose the other’s Confidential Information to any third party without prior written consent, except to employees, contractors, or service providers who need to know such information to perform their duties and are bound by confidentiality obligations at least as protective as those set forth herein.

This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party is given reasonable prior notice.

10. Disclaimers and Limitation of Liability

10.1 Website Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. MOBILIZE CLOUD DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2 Service Disclaimer

While we strive to deliver high-quality services, we do not warrant that services will be free of errors or that results will meet any specific performance benchmarks, including specific rankings, traffic levels, or revenue outcomes. Results from SEO, SEM, and digital marketing services will vary based on factors outside our control.

10.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILIZE CLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MOBILIZE CLOUD’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO MOBILIZE CLOUD IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mobilize Cloud and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of the Site or services in violation of these Terms
  • Any content or materials you provide to Mobilize Cloud that infringe the intellectual property or other rights of any third party
  • Your violation of any applicable law or regulation
  • Any misrepresentation made by you in connection with the services

12. Termination

12.1 Termination by the Client

The Client may terminate a service engagement by providing written notice as specified in the applicable SOW or Service Agreement. Unless otherwise stated, a minimum of 30 days’ written notice is required to terminate ongoing or recurring services. Fees for work completed through the termination date are non-refundable.

12.2 Termination by Mobilize Cloud

Mobilize Cloud may terminate or suspend services immediately upon written notice if:

  • The Client fails to make payment when due and does not cure the failure within 10 business days of notice
  • The Client materially breaches these Terms or any SOW and fails to cure such breach within 15 business days of written notice
  • The Client engages in conduct that is harmful, illegal, or damaging to Mobilize Cloud’s reputation

12.3 Effect of Termination

Upon termination, all outstanding fees become immediately due and payable. Mobilize Cloud will provide the Client with reasonable access to transfer files and data for a period of 30 days following termination. After that period, we are not obligated to retain the Client’s data.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio, and both parties consent to the personal jurisdiction of such courts.

Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days following written notice of the dispute.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable SOW, Service Agreement, and our Privacy Policy, constitute the entire agreement between you and Mobilize Cloud with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

No failure or delay by Mobilize Cloud in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Mobilize Cloud may assign these Terms or any rights hereunder without restriction.

14.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet or telecommunications outages, or third-party platform failures.

14.6 Notices

Notices under these Terms must be in writing and delivered by email (with confirmation of receipt) or by mail to the addresses set forth in these Terms or in the applicable SOW.

14.7 Updates to These Terms

We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on our Site with a revised “Last Updated” date. Continued use of the Site or services after any such change constitutes your acceptance of the new Terms.

15. Contact Information

If you have questions about these Terms and Conditions, please contact us:

Mobilize Cloud

4260 Tuller Road, Suite 202

Dublin, Ohio 43016

Email: info@mobilizecloud.com

Phone: 513-498-8999

Website: https://www.mobilizecloud.com/contact/