Our Terms of Service

PMP Marketing Group, LLC (“PMP”) provides marketing and website management services for law firms.

PMP’s Services

PMP provides marketing and website management services (the “Services”) described, in detail, in one or more statements of work drafted by PMP and accepted by our clients to address our clients’ needs (each, an “SOW”). To complete the Services, PMP may, as necessary, hire certain subcontractors, and notwithstanding anything to the contrary contained in these Terms of Service, PMP retains the right to perform the same or similar type services for third parties.

Client Approval

PMP agrees to submit to our clients for approval any Deliverables (defined below) intended to be displayed, published, reproduced, distributed, or otherwise made publicly available. Client may provide written disapproval of any Deliverable; however, without such written disapproval, PMP will deem the Deliverable acceptable and proceed with its public release and implementation.

Client Materials

To facilitate our services, our clients provide copies of or access to their or their clients’ information, documents, or other materials (“Client Materials”), as needed. Our clients remain the sole and exclusive owners of their respective Client Materials, including all copyrights, trademarks, service marks, trade dress, trade names, trade secrets, and other intellectual property rights (the “Intellectual Property Rights”). PMP has no right or license to use Client Materials other than during the term of the working relationship and to the extent necessary to provide the Services. Our clients represent, warrant, and covenant that the Client Materials provided to PMP do not infringe or violate the publicity and privacy rights or any other Intellectual Property Rights of any third party, including our clients’ clients. Furthermore, if required to provide the Services and if noted in the SOW, our clients authorize PMP to charge their credit card, and our clients agree that such authorization extends through the term of the working relationship.


PMP and its clients may disclose or make available to the other party certain confidential information, including information related to its business affairs and services, materials relating to Intellectual Property Rights, trade secrets, third-party confidential information, and other sensitive or proprietary information (collectively, “Confidential Information”). PMP and its clients agree to protect and safeguard the confidentiality of the Confidential Information and to not use Confidential Information, for any purpose other than to perform its obligations under these Terms of Service.

Fees, Expenses and Invoicing

All payments to PMP are due on a net 30 payment schedule; any payments exceeding net 60 will be considered past due and require corrective action.

If our clients ever seek to question or dispute PMP’s invoicing, they shall notify PMP in writing of any such dispute, along with any substantiating documentation and/or a reasonably detailed description of the dispute, as is appropriate for the specific situation, within 30 days from the receipt of such invoice. Our clients are deemed to have accepted all invoices for which PMP does not receive timely notification of dispute and shall pay all undisputed amounts due under such invoices within the period set forth. The parties shall seek to resolve all such disputes expeditiously and in good faith.

Unless otherwise stated in an SOW, the SOW and the financial obligations attendant thereto may be canceled at the sole discretion of either the client or PMP for any reason with 60 days written notice to the other party.

Our clients may pay to PMP a combination of the three (3) fee structures described below. Unless otherwise provided in an SOW, our clients agree to pay all PMP invoices within thirty (30) days of receipt, and our clients agree to pay for all reasonable travel and out-of-pocket expenses PMP incurs in connection with its performance of the Services. All applicable Sales tax will be invoiced in accordance with Federal and State guidelines.

PMP invoices for specialized or discreet projects on a time and materials basis, and the SOW details the charges for material purchase, services, and work hours. PMP will invoice for these charges on a monthly basis, according to the SOW.

PMP invoices for its Managed Web-Services on a monthly basis. The SOW details the amount of the monthly charge and the services provided for that charge.

PMP calculates its fees for Marketing Services as fifteen percent (15%) of gross marketing budget that PMP manages (“Gross Budget”). PMP receives invoices from third-party media organizations and service providers on both Gross Billing and Net Billing terms.

For those media organizations and service providers that invoice PMP on Gross Billing terms (i.e., net due to provider plus PMP Fees), PMP Fees are calculated by taking the Gross Billing amount and multiplying by .15 (or 15%). By example, if a third-party billboard provider bills PMP $10,000 for a billboard campaign and a television station bills PMP, for the same client, $50,000 for a television commercial campaign, then that client’s Gross Budget for Marketing Services is $60,000, and PMP’s Marketing Services fee would be $9,000.

For those media organizations and service providers that invoice PMP on Net Billing terms, PMP’s fees for Marketing services will be calculated as by taking the Net Billing amount and dividing by .85 (or 85%, which is 100% of the Gross Budget, less 15% Marketing Services fee). By example, if a third-party paid search provider bills PMP $10,000 for a paid search advertising campaign and a paid social media provider bills PMP, for the same client, $10,000 for a paid social media campaign, then that client’s Gross Budget for Marketing Services is $23,529, and PMP’s Marketing Services fee would be $3,529.

PMP invoices for its Marketing Services once PMP receives invoicing from third-party media organizations and service providers.


Our clients own all worldwide rights, titles, and interests in and to PMP’s written, graphic, coded, audio, and visual materials and other work product in final form delivered to our clients, including all Intellectual Property Rights therein (collectively, the “Deliverables”). All Deliverables protectable under United States copyright law shall be owned by our clients as “works made for hire” as defined in Section 101 of the United States Copyright Act.

Provided, however, our clients’ ownership of the Deliverables is subject to the rights of third parties whose materials or services are contained in the Deliverables (for example, stock footage, photos, music, and software) (“Third-Party Materials”), or PMP’s materials created prior to, or independent from, its performance of Services under these Terms of Service, and all methodologies, software, applications, processes or procedures that PMP uses, creates, or develops in the general conduct of its business, (“Pre-Existing Materials”).

Further, PMP represents, warrants, and covenants that our clients will receive good and valid title to all Deliverables, free and clear of all encumbrances and liens of any kind and that none of the Services, Deliverables, or our clients’ use thereof infringes or violates the publicity and privacy rights or any other Intellectual Property Rights of any third party.

Unless otherwise agreed, PMP reserves the right to reproduce, publish, and display our clients’ Deliverables in our portfolios and websites for the advertisement of PMP’s Services.

Disclaimer & Non-Reliance

Except as noted, PMP and its clients expressly disclaim any implied or express warranty between each party. Furthermore, each party acknowledges that it has not relied upon any representation or warranty made by the other party, or any other person on such party’s behalf, except as specifically provided in these Terms of Service.


PMP and its clients agree to indemnify and hold harmless the other party, and its officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, damages, claims, actions, or judgments, of whatever kind, including attorney fees and costs (“Losses”) arising out of or resulting from any third-party claim alleging the indemnifying parties’ breach of any representation, warranty, covenant, or other obligation set forth in these Terms of Service.

Limitation of Liability

Under no circumstance will either PMP or its clients be liable to the other for consequential, incidental, indirect, exemplary, special, or punitive damages of any kind, regardless of whether such damage was foreseeable. Further, each party’s aggregate liability arising out of or related to these Terms of Service, under any theory, shall not exceed the total amounts paid for the Services under the relevant SOW(s).