Volusia Branding & Digital
Last Updated: May 25, 2026
This Master Services Agreement, together with any order form, invoice, proposal, or statement of work that references it (each a “Sales Order”), (collectively, this “Master Services Agreement” or “MSA”), governs the legal relationship between Volusia Branding & Digital, LLC (“Volusia”) and the client identified on the applicable Sales Order (“Client”), effective as of the effective date set forth on the Sales Order (“Effective Date”).
This MSA governs all services provided by Volusia to Client, including but not limited to website services, hosting, search engine optimization (SEO), digital advertising, social media management, content creation, SMS marketing, analytics, consulting, and other digital marketing services (collectively, the “Services”). Certain Services may be subject to additional addenda incorporated herein by reference (each, an “Addendum”). In the event of a conflict between this MSA and an Addendum, the Addendum shall control solely with respect to the Services it governs.
Volusia shall provide the Services described in the applicable Sales Order. Client acknowledges that many Services rely on third-party platforms, tools, vendors, hosting providers, and software, which are outside Volusia’s control. Volusia shall use commercially reasonable efforts to perform the Services in a professional and workmanlike manner consistent with the scope, deliverables, and timelines described in the applicable Sales Order. Except where a specific written guarantee is offered as part of a published service plan, Volusia does not guarantee specific outcomes, performance metrics, rankings, traffic, leads, sales, or revenue. Marketing performance depends on factors outside Volusia’s sole control, including market conditions, client responsiveness, third-party platforms, and competitive activity, and Volusia and Client work collaboratively to drive the strongest possible results within those realities. Where a specific deliverable, service level, or performance guarantee is expressly stated on a published service plan, Volusia will fulfill that commitment in accordance with its stated terms.
Client agrees to pay all fees in accordance with the applicable Sales Order. Plans are prepaid unless otherwise stated on the applicable Sales Order or published service plan. Where invoiced rather than prepaid, invoices are due within thirty (30) days of invoice date. Late payments may incur:
Client authorizes Volusia to charge any payment method on file for outstanding balances.
a. Term — This MSA remains in effect for the Initial Term specified in the Sales Order. Unless terminated earlier in accordance with this Section 3, the Agreement will automatically renew on a month-to-month basis under the same terms and pricing, unless either party provides written notice of non-renewal at least seven (7) days before the start of the next billing cycle.
b. Cancellation by Client — Client may cancel this Agreement at any time for any reason by providing written notice to Volusia (email is sufficient). Upon cancellation:
Where the Initial Term has not yet expired at the time of cancellation, Volusia will continue Services through the end of the Initial Term and the Agreement will not renew thereafter. No partial refunds are issued for the unused portion of any prepaid Initial Term.
c. Termination for Breach — Either party may terminate for material breach if such breach is not cured within thirty (30) days after written notice. Volusia may suspend Services immediately for non-payment or violation of this MSA or any Addendum.
d. Effect of Termination — Upon termination or expiration of this Agreement:
a. Client-Provided Content — Client retains full ownership of all content, data, images, copy, trademarks, credentials, and materials provided to Volusia (“Client Content”). Client represents that it owns or has the right to use all Client Content and that such content does not violate any law or third-party rights. Client grants Volusia a worldwide, royalty-free, non-exclusive license to use Client Content solely to perform the Services.
b. Volusia & Third-Party IP — All methodologies, frameworks, software, code, designs, processes, tools, templates, and know-how used or created by Volusia remain Volusia’s intellectual property unless expressly transferred in writing or vested under an applicable Addendum. Client may not use Volusia’s trademarks, branding, or proprietary materials without prior written consent.
Client retains ownership of all customer data. Both parties agree to handle customer data responsibly and in accordance with applicable privacy, data protection, and consumer consent laws. Where Services involve SMS marketing, Client is responsible for maintaining proper consent and opt-out compliance in accordance with TCPA and applicable regulations, and Volusia will support Client in following best practices. Volusia may use aggregated, anonymized data for internal analytics, reporting, and service improvement.
a. Reasonable Efforts Standard — As stated in Section 1, Volusia commits to using commercially reasonable efforts to perform the Services in a professional and workmanlike manner. This commitment applies to all deliverables and timelines described in the applicable Sales Order. However, Client acknowledges that certain aspects of digital marketing, advertising, and web services are inherently uncertain and dependent on factors outside either party’s control.
b. Third-Party Dependency — Volusia is not liable for failures or interruptions caused by hosting providers, advertising platforms (Google, Meta, etc.), social media platforms, software vendors, algorithm changes, internet outages, government action, or acts of God.
c. Limitation of Liability — To the maximum extent permitted by law, Volusia’s total liability shall not exceed the amount paid by Client for the Services giving rise to the claim. Volusia shall not be liable for indirect, incidental, consequential, or lost profit damages.
d. Artificial Intelligence — Volusia may use AI-assisted tools as part of its workflow to enhance efficiency and quality. While Volusia takes care to review AI-assisted outputs, Client agrees to review and approve all final materials before publication or use. Volusia does not guarantee the accuracy of AI-generated content prior to Client review.
e. Service Guarantees — Where Volusia offers a performance guarantee on a published service plan, the qualifying conditions, eligibility requirements, measurement criteria, and remedy are published on the corresponding pricing page and Signature Guarantee page at volusiabranding.com and are incorporated into this Agreement by reference. The general disclaimers in Section 1 and Section 6(a) do not override those specific guarantees, and the published guarantee terms govern in the event of conflict.
Each party shall indemnify and hold harmless the other from claims arising from its own gross negligence, willful misconduct, or breach of this Agreement.
Each party agrees to protect the other’s Confidential Information and use it solely to perform under this MSA. Confidentiality obligations survive termination.
This Agreement is governed by the laws of the State of Florida. Venue shall lie exclusively in Volusia County, Florida.
By submitting your phone number through the chat widget on volusiabranding.com and independently selecting the corresponding consent checkbox(es), you agree to receive SMS messages from Volusia Branding & Digital LLC at the number provided. The agency SMS line is +1 (386) 388-3830. No other form on the website collects phone numbers or SMS consent.
Customer care messages (appointment confirmations, project updates, support responses) and promotional messages (offers, announcements, marketing communications) are each governed by their own separate, unchecked consent checkbox. You may consent to one, both, or neither category. Message frequency varies; promotional messages are sent no more than four (4) times per month. Message and data rates may apply.
You may opt out at any time by replying STOP. Reply HELP for assistance, call (321) 300-2460, or email [email protected]. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. For full SMS terms, see Section 5.2 of our Privacy Policy.
Third-Party Providers — Volusia relies on third-party hosting providers, plugins, themes, security tools, ADA tools, and software to deliver website Services. While Volusia selects reputable providers and monitors performance, Volusia cannot be held liable for outages or failures originating from these third-party services.
Account and Data Ownership — Client owns from day one all accounts created or accessed on Client’s behalf, including domain registration, hosting account, CRM data, Google Analytics, Google Business Profile, Meta Business Manager, Pixel, advertising accounts, and all content Client provides. Volusia does not hold these accounts or data hostage at any point.
Website Ownership (New Website Plans Only) — Ownership of the website design and content created by Volusia transfers to Client after six (6) consecutive months of payment under a monthly website plan, or after three (3) consecutive months of payment under a Signature Guarantee plan, excluding third-party assets (such as stock images, licensed plugins, or fonts).
Early Buyout — Client may request an early buyout at any time, subject to Volusia’s written approval and a separately invoiced or agreed-upon rate. Ownership transfers only after payment in full.
Hosting — Hosting is provided via third-party providers as part of the Services. Upon termination, Client will have 14 days to migrate the site and its files. After this period, Volusia may remove the site from its hosting environment.
Platforms — Client owns all ad accounts created in Client’s name. Third-party platforms (Google, Meta, etc.) ultimately govern ad acceptance, rejection, pricing, and delivery. Volusia will manage campaigns to the best of its ability within these platform constraints.
Service Commitment — Volusia will use commercially reasonable efforts to manage Client’s advertising and social media campaigns in accordance with the applicable Sales Order. Because results depend on third-party platform algorithms, market conditions, and other external factors, Volusia cannot guarantee specific impressions, clicks, leads, or conversions. Volusia will, however, actively monitor campaigns and make good-faith adjustments to optimize performance.
Social Media — Volusia will create and manage social media content as outlined in the Sales Order. Because social media accounts belong to Client, Volusia encourages Client to stay engaged with their audience and flag any messages, comments, or interactions that may need timely attention. Both parties share a commitment to maintaining an accurate and positive online presence.
SMS — SMS marketing is subject to federal and state regulations, including the Telephone Consumer Protection Act (TCPA). Volusia will follow industry best practices when executing SMS campaigns on Client’s behalf. Client is responsible for ensuring proper consent has been obtained from recipients and that opt-out requests are honored. Volusia will assist Client in maintaining compliance as part of the Services.
