Terms of Service

By accessing or using the website located at communicapro.com (the "Site") or engaging Communica PRO for any marketing, consulting, or technology services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access the Site or use the Services. Communica PRO reserves the right to update or modify these Terms at any time. Continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms. We will indicate the date of the most recent revision at the top of this page.

Communica PRO is a marketing and AI solutions agency headquartered in Bradenton, Florida, serving businesses throughout Sarasota, Southwest Florida, and beyond. Our Services include, but are not limited to:

Strategic marketing consulting and planning; local search engine optimization (SEO) and Google Business Profile management; website design, development, and conversion strategy; marketing automation setup and management; AI solutions, implementation, and staff training; social media management and content marketing; reputation management; and branding and creative services.

The specific scope, deliverables, timelines, and fees for any engagement are defined in a separate written agreement, proposal, or Statement of Work ("SOW") executed between Communica PRO and the client. In the event of a conflict between these Terms and a signed SOW, the SOW shall govern with respect to the specific engagement.

To enable Communica PRO to perform the Services effectively, you agree to:

Provide timely access to all necessary accounts, platforms, credentials, and materials reasonably required to perform the Services. Designate a primary point of contact who has authority to approve work and provide direction. Review and respond to deliverables, requests for feedback, and approval requests within the timeframes specified in the applicable SOW or, where no timeframe is specified, within five (5) business days. Ensure that all information, content, images, and materials you provide to Communica PRO are accurate, lawful, and do not infringe upon any third-party rights. Maintain the confidentiality of any login credentials shared with Communica PRO and notify us immediately of any unauthorized access.

Delays caused by your failure to fulfill these obligations may result in adjusted timelines and are not the responsibility of Communica PRO.

Fees for Services are set forth in the applicable proposal or SOW. Unless otherwise agreed in writing:

Retainer and recurring service fees are invoiced monthly in advance and are due within fifteen (15) days of the invoice date. Project-based fees may require a deposit (typically 50%) prior to commencement of work, with the balance due upon project completion or as otherwise specified in the SOW. Late payments are subject to a late fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance. Communica PRO reserves the right to suspend Services if payment is more than fifteen (15) days past due, without liability to you.

All fees are quoted and payable in U.S. dollars. Fees do not include applicable taxes, which are your responsibility unless otherwise stated.

Upon receipt of full payment for a project, Communica PRO assigns to you all right, title, and interest in the final deliverables created specifically for you under the applicable SOW, to the extent such deliverables constitute original works of authorship ("Client Work Product"). This assignment excludes:

Pre-existing materials, tools, frameworks, templates, or methodologies owned by Communica PRO or third parties that are incorporated into the deliverables ("Background IP"). Third-party assets licensed for use in the deliverables (e.g., stock photography, fonts, software libraries), which remain subject to their respective license terms. Any work product for which full payment has not been received.

Communica PRO retains all rights in its Background IP and reserves the right to use general knowledge, skills, and experience gained during the engagement. You grant Communica PRO a limited, non-exclusive license to use your name, logo, and a general description of the Services provided for portfolio and marketing purposes, unless you notify us in writing that you object to such use.

Each party agrees to hold in confidence any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Each party agrees not to disclose Confidential Information to third parties without prior written consent and to use Confidential Information only for the purposes of the engagement.

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party where legally permissible.

These confidentiality obligations survive termination of the engagement for a period of three (3) years.

The term of any engagement begins on the date specified in the applicable SOW and continues until completed or terminated. Either party may terminate an ongoing retainer or service agreement with thirty (30) days' written notice. Either party may terminate immediately upon written notice if the other party materially breaches these Terms or the applicable SOW and fails to cure such breach within ten (10) days of receiving written notice of the breach.

Upon termination: you will pay for all Services rendered and expenses incurred through the effective date of termination; Communica PRO will deliver all completed work product for which full payment has been received; and each party will promptly return or destroy the other party's Confidential Information upon request.

Termination does not relieve you of any payment obligations for Services already rendered.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMMUNICA PRO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Marketing and advertising results are inherently variable and depend on many factors outside Communica PRO's control, including but not limited to search engine algorithm changes, market conditions, competitor activity, and the quality of your products or services. Communica PRO does not guarantee specific rankings, traffic levels, lead volumes, or revenue outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMUNICA PRO'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO COMMUNICA PRO IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL COMMUNICA PRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to indemnify, defend, and hold harmless Communica PRO and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) any content, materials, or information you provide to Communica PRO; (c) your violation of any applicable law or regulation; or (d) any claim that materials you provided infringe or misappropriate any third-party intellectual property rights.

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be submitted to binding arbitration in Manatee County, Florida, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

These Terms, together with any applicable SOW, constitute the entire agreement between you and Communica PRO with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Communica PRO's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. You may not assign your rights or obligations under these Terms without Communica PRO's prior written consent. Communica PRO may assign its rights and obligations freely.

These Terms do not create any partnership, joint venture, employment, or agency relationship between the parties. All notices under these Terms shall be in writing and delivered to the addresses specified in the applicable SOW or, for general inquiries, to [email protected].

If you have any questions about these Terms of Service, please contact us:

Communica PRO Bradenton, Florida Phone: (941) 499-7440 Email: [email protected] Website: communicapro.com