Terms and Conditions
1. Agreement to Terms
By accessing and using the website www.sculptedvision.com (“Website”) and/or engaging Sculpted Vision Elite Marketing (“Company,” “we,” “us,” or “our”) for marketing services, you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our Website or services.
2. Description of Services
2.1 Marketing Services
Sculpted Vision Elite Marketing provides comprehensive digital marketing services exclusively for plastic surgery practices, including but not limited to:
- Website design and optimization
- Search engine optimization (SEO)
- Pay-per-click advertising (PPC/Google Ads)
- Social media marketing and management
- Reputation management and review generation
- Email and SMS marketing automation
- Analytics and reporting
2.2 Service Packages
Services are provided through all-inclusive packages only. We do not offer à la carte services. Specific services included in your package will be detailed in your Service Agreement.
3. Client Eligibility
Our services are available exclusively to:
- Board-certified plastic surgeons
- Licensed aesthetic medical practices
- Authorized representatives of such practices
- Businesses legally permitted to operate in their jurisdiction
By engaging our services, you represent and warrant that you meet these eligibility requirements.
4. Service Agreement and Onboarding
4.1 Service Agreement
Upon acceptance of our proposal, a separate Service Agreement will detail:
- Specific services to be provided
- Payment terms and amounts
- Performance metrics and deliverables
- Term length and renewal conditions
4.2 Onboarding Requirements
Client agrees to provide timely:
- Access to existing digital assets and accounts
- Brand materials and content
- Necessary approvals and feedback
- Information required for campaign development
4.3 Delays
Delays in providing required materials or approvals may impact campaign launch dates and results. We are not responsible for delays caused by Client’s failure to provide timely cooperation.
5. Payment Terms
5.1 Payment Structure
- Services are billed monthly in advance
- Initial setup/onboarding fees may apply
- Ad spend is billed separately and directly to Client
- All fees are non-refundable unless otherwise stated
5.2 Payment Methods
We accept payment via:
- ACH transfer
- Credit card
- Wire transfer
- Check (with approval)
5.3 Late Payments
- Payments are due upon receipt of invoice
- Late payments may incur a 1.5% monthly service charge
- Services may be suspended for accounts 30+ days past due
- Suspended services may require full payment plus reactivation fee
6. Term and Termination
6.1 Term Length
- Minimum initial term is 6 months unless otherwise agreed
- Services automatically renew monthly after initial term
- Either party may terminate with 30 days written notice after initial term
6.2 Termination for Cause
Either party may terminate immediately for:
- Material breach not cured within 10 days of notice
- Bankruptcy or insolvency
- Illegal or unethical conduct
- Non-payment exceeding 60 days
6.3 Effect of Termination
Upon termination:
- Client remains liable for all fees incurred
- We will provide reasonable transition assistance
- Client-owned assets will be returned within 30 days
- Our proprietary strategies and materials remain our property
7. Intellectual Property
7.1 Client Materials
Client retains ownership of:
- Pre-existing brand materials
- Patient testimonials and photos (with proper consent)
- Practice information and content
- Materials created specifically as “work for hire”
7.2 Company Property
We retain ownership of:
- Marketing strategies and methodologies
- Proprietary software and tools
- Template designs and frameworks
- Analytics and reporting formats
7.3 License Grants
- Client grants us license to use their materials for providing services
- We grant Client license to use deliverables for their business purposes
- Neither party may use the other’s trademarks without written consent
8. Confidentiality
8.1 Confidential Information
Both parties agree to protect:
- Business strategies and plans
- Financial information
- Patient information (though we do not handle PHI)
- Proprietary methodologies
- Campaign performance data
8.2 Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available
- Was rightfully known before disclosure
- Is independently developed
- Must be disclosed by law
8.3 Duration
Confidentiality obligations survive termination for 3 years.
9. Client Relationships and Market Approach
Sculpted Vision Elite Marketing does not guarantee exclusivity by specialty or location. We manage each client relationship carefully to ensure clear differentiation and avoid conflicts. Our focus is on delivering customized strategies that help every client succeed ethically and effectively.
10. Performance and Results
10.1 No Guarantees
While we strive for exceptional results, we cannot guarantee:
- Specific ranking positions
- Exact patient volumes
- Revenue targets
- Social media metrics
10.2 Best Efforts
We commit to:
- Industry best practices
- Data-driven strategies
- Regular optimization
- Transparent reporting
10.3 Factors Beyond Our Control
Results may be affected by:
- Market competition
- Economic conditions
- Search algorithm changes
- Client reputation issues
- Seasonal variations
11. Client Responsibilities
Client agrees to:
- Provide accurate, truthful information
- Maintain appropriate licenses and insurance
- Comply with all applicable laws and regulations
- Respond to patient inquiries promptly
- Maintain quality standards in service delivery
- Ensure proper patient consent for testimonials/photos
12. Limitations of Liability
12.1 Limitation Amount
Our total liability shall not exceed the amount paid by Client in the preceding 6 months.
12.2 Excluded Damages
Neither party is liable for:
- Indirect or consequential damages
- Lost profits or revenue
- Loss of business reputation
- Punitive damages
12.3 Exceptions
Limitations do not apply to:
- Willful misconduct
- Gross negligence
- Breach of confidentiality
- Indemnification obligations
13. Indemnification
13.1 Client Indemnification
Client will defend and indemnify us against claims arising from:
- Client’s services or malpractice
- False or misleading information provided
- Violation of patient privacy
- Infringement of third-party rights
- Breach of these Terms
13.2 Company Indemnification
We will defend and indemnify Client against claims arising from:
- Our gross negligence or willful misconduct
- Our infringement of third-party intellectual property
- Breach of confidentiality
14. Dispute Resolution
14.1 Good Faith Resolution
Parties agree to first attempt resolution through good faith negotiation.
14.2 Mediation
If negotiation fails, disputes will be submitted to mediation in Atlanta, Georgia.
14.3 Arbitration
If mediation fails, disputes will be resolved through binding arbitration under AAA Commercial Rules.
14.4 Exceptions
Either party may seek injunctive relief for:
- Breach of confidentiality
- Intellectual property infringement
- Non-payment of fees
15. General Provisions
15.1 Entire Agreement
These Terms and your Service Agreement constitute the entire agreement between parties.
15.2 Amendments
Amendments must be in writing and signed by both parties.
15.3 Governing Law
These Terms are governed by Georgia law, without regard to conflict of laws principles.
15.4 Severability
If any provision is deemed invalid, the remaining provisions continue in full effect.
15.5 Waiver
No waiver is effective unless in writing. Failure to enforce any provision is not a waiver.
15.6 Force Majeure
Neither party is liable for delays due to circumstances beyond reasonable control.
15.7 Assignment
Neither party may assign rights or obligations without written consent, except we may assign to a successor entity.
15.8 Notices
Official notices must be sent:
- To Client: At the email address on file
- To Company: legal@sculptedvision.com
16. Website Use Terms
16.1 Acceptable Use
You may not:
- Attempt to gain unauthorized access
- Interfere with website operation
- Transmit malicious code
- Scrape or harvest data
- Violate applicable laws
16.2 Website Content
- Content is for informational purposes only
- We may modify content without notice
- We do not guarantee accuracy or completeness
- Links to third-party sites are not endorsements
17. Privacy
Your use of our services is subject to our Privacy Policy, which is incorporated by reference.
18. Updates to Terms
We may update these Terms by posting the new version on our Website. Continued use after changes constitutes acceptance.
19. Contact Information
For questions about these Terms:
Sculpted Vision Elite Marketing
Email: legal@sculptedvision.com
Phone: 912-491-2623
General: info@sculptedvision.com