Terms of Service:
Effective Date: 5/28/2025
These Terms of Service ("Terms") govern your use of the services offered by OneUp Digital Marketing Solutions LLC (“we,” “us,” “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not access or use our services.
1. Services Provided
We offer digital marketing, automation, CRM, email/SMS communication, and website development services for healthcare providers. Services are outlined in the client agreement and may include HIPAA-compliant implementations, subject to additional agreements like Business Associate Agreements (BAA).
2. Client Responsibilities
You agree to:
Provide accurate and complete business information, Cooperate with onboarding and implementation processes, Maintain the confidentiality of login credentials, Sign a Business Associate Agreement (BAA) if applicable, Ensure lawful use of all services.
3. HIPAA Compliance
If you are a covered entity under HIPAA, you must sign a BAA with us prior to using services involving Protected Health Information (PHI). We maintain internal policies and training for compliance, but final responsibility for proper handling and authorization of PHI rests with you.
4. Payment & Billing
All payments follow the structure in the signed service agreement.
Failure to make payments may result in suspension or termination of services.
Subscriptions are billed every 28 days.
One pay period notice is required for termination.
5. Intellectual Property
All intellectual property created by us, including but not limited to websites, automations, and CRM configurations, remain the property of OneUp Digital Marketing Solutions LLC until full payment is received. Clients retain the right to export assets upon request at the end of the contract.
6. Termination
Either party may terminate with written notice of one full billing cycle. Upon termination, access to hosted platforms and automations will be disabled unless otherwise agreed upon.
7. Limitations of Liability
To the maximum extent permitted by law, OneUp Digital Marketing Solutions LLC is not liable for indirect, incidental, or consequential damages. Liability for PHI breaches is limited as defined under HIPAA and our BAA.
8. Data Use & Privacy
We collect and store business data necessary to deliver our services. We do not share or sell this data to third parties. Full details are available in our Privacy Policy.
9. Amendments
We reserve the right to update these Terms with 7 days’ notice. Continued use of our services after changes implies acceptance.
10. Dispute Resolution
Any disputes will be resolved via mediation before litigation. Jurisdiction is in the state of Texas, United States.
11. Contact Information
For questions about these Terms, contact:
OneUp Digital Marketing Solutions LLC
Email: [email protected]
Phone: 224-392-8577