When You Hire DKM

If you are hiring us to perform work and need the Terms of Services please select below the service you are hiring D Koder Marketing (DKM) for:

• Website Design

• Search Everywhere Optimization (SEO) and other Marketing Services

1. Services to be performed.

D Koder Marketing agrees to perform Internet Marketing and Website Design services (the “Services”) on Buyer’s behalf, according to the Services discussed in the consultation process. DKM agrees to provide the Services to Buyer each month in exchange for the fees set forth in the signed proposal that explains the scope of work to be performed.

DKM and Buyer agree that the Services that DKM performs on behalf of Buyer are intended to enhance Buyer’s online presence and performance, and that there are continual, consistent changes to the various search engine algorithms that take place from time to time by the search engine companies themselves for which DKM has no direct control.

Therefore, DKM and Buyer agree that DKM, in its sole discretion and without notice to Buyer, has the right to modify the Services selected by Buyer anytime during the Term provided that DKM reasonably believes that said changes in Services will likely provide better results to Buyer.

2. Term of Agreement.

This Agreement will become effective and is fully executed when the Buyer (or sales representative on the buyers behalf) signs the proposed document that he/she has read and agrees to the terms and conditions contained in this Agreement, provides payment, as well as provides his/her name at the final stage of this process representing his/her signature thereon. The Buyer must review and accept the agreement before payment is processed. The Term of this Agreement begins from its date of execution and shall continue on a month-to-month basis until such time as the date a party terminates this Agreement as provided below.

3. Termination of Agreement. 

The following services are month-to-month, but require a 30 day notice of pause or cancellation of these services:

• Search Engine/Everywhere Optimization (SEO, Local SEO, YouTube SEO),

• Search Engine Marketing (SEM, PPC, Display Ads, Retargeting, YouTube Ads),

• Social Media Management (posting on all or one of the platforms: FB, Instagram, LinkedIn, X (formerly Twitter), GBP, Bing Places, Apple Business Connect and Pinterest),

• Social Media Advertising,

• Content Marketing,

• Email Marketing,

• Reputation Management,

• Call Tracking,

• Competitor Monitoring,

• Amazon Advertising,

• SMS Text Marketing

Notice of termination shall be given in email, by Buyer to DKM or by DKM to Buyer at the street address or email address provided by Buyer during the sign-up process. 

DKM is entitled to one final payment after buyer cancels, if the bill date is within 30 days of cancellation date as shown in these Terms & Conditions, on the payment Portal and on the Buyer’s receipt.

4. Payment.

In consideration for the Services to be performed by DKM, Buyer agrees to pay DKM a campaign management and Set-up Fees for the Pay Per Click Services, plus a Monthly Fee for the duration of the term for all other services agreed on the proposal. The Set-up Fee, if not waved by DKM, and the first Monthly Fee are due upon execution. The second Monthly Fee shall be paid one month after this Agreement is executed, and subsequent Monthly Fee payments shall be paid within 30 days of the Invoice date. 

Invoices are sent out on the first via email and can be paid by ACH, Credit/Debit Card and you can have the option to mail in your payment via Check.

We work with Stripe, PayPal, and Quickbooks.

5. Late Fees.

Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer’s bank shall be subject to a $35 NSF fee payable by Buyer to DKM. DKM has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 60 days.

6. Intellectual Property Ownership.

DKM will provide Buyer its marketing systems, internet directory listings, website designs and elements, and/or other expertise (“Work Product”). The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due DKM under this Agreement. DKM retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Product.

7. D Koder Marketing (DKM) Reusable Materials.

DKM owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement’s date of execution (“D Koder Marketing’ Materials”). DKM may include DKM Materials in the work performed under this Agreement. DKM retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in DKM Materials. DKM grants Buyer a royalty-free nonexclusive license to use any DKM Materials incorporated into the work performed by DKM under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.

8. Approval/Disapproval.

DKM and Buyer acknowledge that DKM operates on tight schedules whereby the completion of many tasks and results rely on the timely completion of Company’s operational process. Towards this end, DKM and Buyer agree that any optimizations and/or changes to the Buyer’s site, as well as content posted on Buyer’s behalf, shall be deemed Buyer approved and/or authorized to be posted to third party sites (ie. Facebook or X (formally Twitter)) if within two business days DKM does not receive any communication from Buyer that Buyer disapproves of said work.

9. Exclusive Agreement, Modifications, Waivers, Severance.

This is the entire Agreement between DKM and Buyer. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

10. Limited Liability Company.

DKM total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by DKM under this Agreement.NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER’S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.

11. Notices.

All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient’s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.

12. No Partnership.

This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’s behalf.

13. Refunds.

All sales are final. There are no refunds or credits of any kind.

14. Credits.

D Koder Marketing offers $100.00 to $2,500.00 incentive only to Buyers that do not have an existing Google Ads and/or Bing Ads Account. If Buyer has any active accounts with Google Ads and/or Bing Ads than the Credit of $100.00 to $2,500.00 will not be accepted by Google Ads and/or Bing Ads account provided by Google and Microsoft. The $100.00 to $2,500.00 credit amount is subject to change without notice, third-party approval and is NOT paid by DKM.

15. Applicable Law and Venue.

The laws of the State of Pennsylvania shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in Northampton County, Pennsylvania and both parties expressly submit to the jurisdiction of the state and federal courts located in Northampton County, Pennsylvania unless otherwise required by applicable law.

Contacting Us

If there are any questions regarding these terms, you may contact us using the information below.

D Koder Marketing

2497 Cherrywood Ln

Bath, PA 18014 – USA