Terms & Conditions

These Terms & Conditions ("Terms") form a binding agreement between you ("Client," "you") and Divine Growth ("Divine Growth," "we," "us," or "our"), a veteran and women-owned digital agency headquartered in San Antonio, Texas with a second office in McAllen, Texas.

By accessing divinegrowth.co (the "Site"), submitting an inquiry, or engaging us for services, you agree to these Terms. If you do not agree, do not use the Site or our services.

Divine Growth provides digital marketing, web design and development, search engine optimization, branding, content, paid media, and social media services. The specific deliverables, timelines, milestones, exclusions, and fees for each engagement are defined in a separate written proposal, statement of work, or order form ("Proposal") signed by both parties. In the event of a conflict between the Proposal and these Terms, the Proposal controls for that engagement.

Proposals are valid for 30 days from the date issued unless stated otherwise. Work begins once (a) the Proposal is signed and (b) the initial deposit is received. The kickoff date and timeline reflected in the Proposal assume timely receipt of client materials, approvals, and platform access.

Unless otherwise stated in your Proposal:

• Project work requires a 50% deposit before kickoff, with the balance invoiced at agreed milestones or upon delivery
• Retainer and ongoing service fees are invoiced monthly in advance
• Invoices are due within 14 days of issue (Net 14)
• Late payments accrue interest at 1.5% per month (or the maximum permitted by law)
• Accounts more than 30 days past due may be paused, and access to in-progress work may be suspended until brought current
• Fees are exclusive of applicable taxes, which are the Client's responsibility
• Third-party costs (hosting, plugins, stock assets, ad spend, etc.) are billed at cost or pre-funded by the Client

All payments made to Divine Growth are non-refundable. This includes, without limitation, deposits, project fees, monthly retainers, care plans, website launch offers, ads management fees, AI solutions, add-ons, and any other product or service purchased through our Site or invoiced directly.

Our services are digital and labor-based. Work, time, and third-party costs (hosting, ad spend, software licenses, subcontractors, stock assets, etc.) are committed on the Client's behalf immediately upon payment and cannot be recovered.

• Monthly subscriptions (care plans, retainers, hosting, ongoing services) may be canceled at any time to stop future billing. The current billing period is not refunded or prorated, and service continues through the end of the paid period.
• Chargebacks or payment disputes filed without first contacting us in good faith to resolve the issue may result in immediate suspension of services, forfeiture of deliverables and licenses, and referral to collections. The Client remains responsible for the disputed amount plus any fees incurred.
• Refunds or credits, if any, are issued solely at Divine Growth's discretion and only when confirmed in writing by an authorized representative.
• Billing questions or concerns: email devin@divineservicesgroup.com before initiating a dispute — we're happy to work through any issue directly.

To keep projects on track, the Client agrees to:

• Designate a single point of contact authorized to give feedback and approvals
• Provide brand assets, content, and access to required platforms in a timely manner
• Review deliverables and provide consolidated feedback within agreed review windows
• Warrant that all materials provided to us do not infringe third-party rights
• Maintain backups of any Client-owned data and credentials

Delays caused by the Client may shift the project timeline and, where significant, may result in additional fees to cover rescheduling and re-engagement.

Each engagement includes the number of revision rounds specified in the Proposal. Additional revisions, expanded scope, or new deliverables outside the original Proposal require a written change order and are billed at our then-current rates.

Upon receipt of full payment, Divine Growth assigns to the Client ownership of the final, approved deliverables created specifically for the Client under the Proposal (such as a finished website, brand identity, or creative campaign assets).

Divine Growth retains ownership of all pre-existing materials, tools, code libraries, frameworks, processes, templates, and know-how ("Background IP"). To the extent Background IP is embedded in deliverables, Divine Growth grants the Client a perpetual, worldwide, non-exclusive license to use it as part of those deliverables.

Until full payment is received, all deliverables remain the property of Divine Growth and may not be used in production.

Divine Growth may display completed work, the Client's name, logo, and high-level results in our portfolio, case studies, social media, proposals, and award submissions. If you require confidentiality, a signed NDA or written opt-out must be in place before kickoff.

Projects often rely on third-party platforms (hosting, domain registrars, CMS, plugins, analytics, ad networks, payment processors, etc.). Divine Growth is not responsible for outages, pricing changes, policy changes, deprecations, or vulnerabilities of third-party providers. The Client is responsible for maintaining its own accounts and subscriptions for those platforms after the engagement ends.

Each party agrees to keep the other's non-public business, technical, and strategic information confidential and to use it only to perform under the Proposal. This obligation survives termination. Information that is publicly known, independently developed, or rightfully received from a third party is not confidential.

Digital marketing involves variables outside our control, including search engine algorithms, ad platform behavior, competitive activity, and consumer demand. Divine Growth applies industry best practices but does not guarantee specific rankings, traffic volumes, conversion rates, revenue, or other marketing outcomes.

Services and deliverables are provided "as is" and "as available." To the maximum extent permitted by law, Divine Growth disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility. Divine Growth's total aggregate liability for any claim arising out of or related to a Proposal will not exceed the fees actually paid by the Client to Divine Growth for the specific engagement giving rise to the claim during the 3 months preceding the event.

The Client agrees to indemnify and hold Divine Growth harmless from any third-party claims arising out of (a) content, data, or materials provided by the Client, (b) the Client's use of deliverables in violation of these Terms or applicable law, or (c) the Client's products or services.

Either party may terminate an engagement with the written notice period specified in the Proposal (typically 30 days for ongoing services). The Client remains responsible for fees for all work performed and expenses incurred through the effective termination date, plus any non-cancellable third-party costs already committed.

Divine Growth may terminate immediately for non-payment, breach of these Terms, or unlawful or abusive conduct.

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, civil unrest, labor disputes, cyberattacks, government action, internet or utility outages, or pandemics.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The parties agree to attempt to resolve disputes in good faith first. Any unresolved dispute will be brought exclusively in the state or federal courts located in Bexar County, Texas, and each party consents to personal jurisdiction there.

These Terms, together with the applicable Proposal, constitute the entire agreement between the parties and supersede prior discussions. If any provision is held unenforceable, the remainder remains in effect. Failure to enforce a right is not a waiver. Neither party may assign these Terms without the other's written consent, except in connection with a merger, acquisition, or sale of substantially all assets.

We may update these Terms from time to time. Material changes will be reflected by updating the "Effective" date above. Continued use of the Site or our services after changes are posted constitutes acceptance of the updated Terms.

Questions about these Terms? Contact us:

Divine Growth — Headquartered in San Antonio, TX and McAllen, TX

Email: devin@divineservicesgroup.com