Terms of Service
Last updated and effective: Aoril 20, 2026
These Terms apply prospectively from the effective date above. They do not retroactively change a separately agreed minimum term, payment schedule, ownership provision, cancellation right, or other negotiated term for an existing engagement.
1. Agreement to Terms
By accessing or using services provided by DelPuma Consulting Group, LLC ("DelPuma," "we," "us," or "our"), you agree to these Terms of Service. These Terms govern use of our website, software, platforms, consulting, managed services, development, marketing, hosting, and related services except where a client-specific written agreement provides different terms.
2. Client-Specific Agreements and Order of Precedence
A proposal, statement of work, order form, service agreement, accepted email proposal, change order, or other written engagement document issued or accepted for a particular client may establish the scope, pricing, billing schedule, minimum term, renewal structure, deliverables, ownership, hosting, support, cancellation rights, and other requirements for that engagement.
When a client-specific written agreement conflicts with these general Terms, the client-specific written agreement controls for that engagement. Website pages, pricing pages, blog posts, examples, sales materials, and other general marketing content are informational and do not amend or override a client-specific written agreement.
No general marketing statement creates or removes a minimum term, early-termination right, payment obligation, ownership transfer, refund right, or cancellation fee unless that result is expressly stated in the applicable written agreement or later agreed by the parties in writing.
3. Services and Engagement Structure
DelPuma services may include:
- Website design, software development, hosting, and maintenance
- AI integration, business automation, CRM/ERP, and custom applications
- SEO, SEO Predator, programmatic SEO, content, and local-search services
- Digital marketing, advertising, analytics, and reporting
- E-commerce, integrations, consulting, implementation, and support
- Subscription software and self-service platform features
Some engagements are month-to-month, some are annual, and some use a fixed or minimum term because substantial website development, implementation, integrations, or other work is performed or financed at the beginning of the relationship. The applicable proposal, order form, or service agreement determines the structure for each engagement.
4. Client Responsibilities and Project Delays
Clients are responsible for timely approvals, content, credentials, domain and DNS access, product or service information, legal/compliance approvals, and other materials reasonably required to perform the agreed work.
Unless the applicable written agreement states otherwise, delays caused by missing approvals, content, credentials, domain access, third-party dependencies, or other client-side requirements do not cancel work already performed, waive invoices that become due under the agreed billing schedule, or shorten an agreed minimum term. Material scope or schedule changes should be documented in writing.
5. Fees, Invoices, and Payment
- Fees are payable in U.S. dollars unless the applicable agreement states otherwise.
- Invoices are due on the date shown on the invoice or under the payment schedule in the applicable agreement.
- An invoice that became due before a cancellation or termination notice remains due and payable.
- Approved third-party costs, expenses, completed milestones, and other accrued charges remain payable unless waived in writing.
- Late fees or finance charges may apply when stated in the applicable agreement or invoice and permitted by law.
- DelPuma may suspend ongoing services, support, hosting changes, deployments, or delivery of unpaid custom work after reasonable notice of non-payment.
A dispute about future services does not by itself erase amounts already earned, invoiced, or due. Clients should raise billing disputes promptly and in writing so they can be reviewed against the applicable scope and records.
6. Term, Renewal, and Client Cancellation
The term and renewal structure for a managed service or custom project are governed first by the applicable client-specific written agreement.
- Fixed or minimum-term engagements: A request to stop services before the end of an agreed fixed or minimum term does not automatically terminate that term or waive accrued obligations. Early termination is governed by the written agreement, a later written settlement, or applicable law.
- Month-to-month managed services with no different written cancellation term: all engagements subject to these Terms, the client must provide at least thirty (30) calendar days' written notice of cancellation. Services and charges that accrue during the notice period remain payable.
- Self-service subscriptions: Cancellation and renewal follow the subscription terms shown at checkout or in the account interface, unless a separate written agreement applies.
Cancellation notice should be sent to the client's DelPuma account contact and to legal@delpuma.com. A cancellation notice does not waive invoices already due, approved expenses, completed work, or other obligations accrued before the effective end date.
When a fixed-term agreement does not contain a specific early-termination formula, the parties may negotiate a written early-exit settlement that accounts for completed work, front-loaded implementation, transition needs, and the release of remaining obligations. No settlement is effective until accepted in writing by both parties.
7. Suspension and Termination by DelPuma
DelPuma may suspend or terminate services for material breach, non-payment, unlawful or abusive use, security risk, or other grounds stated in an applicable agreement. When commercially reasonable, DelPuma will provide notice and an opportunity to cure before suspension or termination. Immediate action may be taken where needed to protect systems, data, customers, or legal rights.
8. Client Materials and Intellectual Property
Clients retain ownership of materials they provide to DelPuma, including their trademarks, logos, photographs, copy, product data, customer data, and other client-owned content, subject to the licenses necessary for DelPuma to perform the services.
Unless a client-specific written agreement states otherwise, ownership of custom work product created specifically for a client transfers after full payment of the invoices associated with that work or project. Delivery or transfer of source code, repositories, export packages, credentials controlled by DelPuma, or final custom deliverables may be conditioned on those associated invoices being paid in full.
DelPuma retains ownership of its pre-existing and reusable intellectual property, including proprietary tools, templates, frameworks, libraries, processes, know-how, automation systems, platform features, and generalized components, even when those items are used in a client project, unless expressly transferred in writing.
9. Hosting, Domains, and Third-Party Services
Services may depend on third-party platforms such as domain registrars, hosting providers, payment processors, email providers, advertising networks, analytics services, AI providers, and other vendors. DelPuma is not responsible for outages, pricing changes, policy changes, account restrictions, or failures controlled by those third parties. Client-owned third-party accounts remain subject to the provider's own terms.
10. SEO, Advertising, and Performance
Search rankings, advertising performance, lead volume, revenue, and other business outcomes depend on factors outside DelPuma's control. Unless expressly stated in a signed written guarantee, DelPuma does not guarantee a particular ranking, traffic level, lead count, revenue amount, or completion timeline controlled by a search engine, advertising platform, third party, or market condition.
11. Privacy and Communications
Use of our services is also governed by our Privacy Policy. DelPuma does not sell personal data or SMS opt-in data to advertisers. Information may be shared with service providers as reasonably necessary to provide contracted services, process payments, host applications, deliver communications, maintain security, or comply with law.
If you opt in to SMS communications, message frequency varies and message/data rates may apply. Reply STOP to opt out and HELP for assistance. Marketing SMS consent is not a condition of purchasing services.
12. Acceptable Use
You may not use DelPuma services to:
- Violate applicable law or the rights of another person or business
- Distribute malware, spam, fraudulent content, or unlawful material
- Interfere with, probe, or gain unauthorized access to systems or accounts
- Misrepresent your identity or authority
- Use DelPuma systems in a manner that materially threatens platform security or availability
13. Confidentiality
Each party may receive non-public business, technical, pricing, customer, or operational information from the other. Each party will use reasonable care to protect confidential information and use it only as necessary for the engagement, except where disclosure is authorized or required by law.
14. Disclaimer of Warranties
EXCEPT FOR EXPRESS COMMITMENTS IN A CLIENT-SPECIFIC WRITTEN AGREEMENT, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. DELPUMA DISCLAIMS IMPLIED WARRANTIES TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DELPUMA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM THE SERVICES. UNLESS A CLIENT-SPECIFIC WRITTEN AGREEMENT STATES OTHERWISE, DELPUMA'S AGGREGATE LIABILITY FOR A CLAIM WILL NOT EXCEED THE AMOUNTS PAID TO DELPUMA FOR THE SERVICES GIVING RISE TO THAT CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
16. Indemnification
To the extent permitted by law, you agree to defend and indemnify DelPuma from third-party claims arising from materials you provide, your unlawful use of the services, your violation of these Terms, or your infringement of another party's rights, except to the extent caused by DelPuma's own wrongful conduct.
17. Governing Law and Dispute Resolution
These Terms are governed by Florida law, without regard to conflict-of-law rules. Before filing a legal claim, the parties will attempt in good faith to resolve the dispute informally. Unless a client-specific written agreement states otherwise, venue for litigation relating to these Terms will lie in a court of competent jurisdiction in Lake County, Florida.
18. Changes to These Terms
DelPuma may update these general Terms from time to time. Material changes apply prospectively after publication or any notice required by law. An update to these general Terms does not retroactively rewrite a negotiated term in an existing client-specific written agreement unless the parties agree to that change in writing.
19. Severability and Waiver
If a provision is held unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. A party's failure to enforce a provision on one occasion does not waive the right to enforce it later.
20. Entire Agreement
These Terms, the Privacy Policy, and the applicable client-specific written agreement together form the agreement governing the services. For a specific client engagement, the client-specific written agreement controls over inconsistent general website or marketing language.
21. Contact
- Legal / cancellation notices: legal@delpuma.com
- Support: support@delpuma.com
- Website: www.delpuma.com
- Location: Lake County, Florida, United States