Master Services Agreement — Ongoing Services
Last updated: August 2026
THIS MASTER SERVICES AGREEMENT — ONGOING SERVICES ("Agreement") is entered into by and between Elevation Group, LLC (the "Company") and the Client named in the related proposal, order form, or service plan (collectively, the "Order"), which is incorporated herein by reference and made a part hereof. The Order shall include and incorporate any subsequent Change Orders requested by Client and accepted by the Company.
PLEASE READ THIS AGREEMENT CAREFULLY.
BY CLICKING "I ACCEPT," SIGNING THIS DOCUMENT, OR OTHERWISE ACCESSING OR USING THE SERVICES, CLIENT AGREES TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1. Term and Termination.
A. Term of Agreement. This Agreement begins on the date the Client accepts it (the "Effective Date") and continues for the service period set forth in the applicable Order (the "Service Term").
B. Renewal. Unless otherwise stated in the Order, ongoing marketing services automatically renew for additional one (1)-year terms or for the billing cycle selected by the Client, at the then-current rate, unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current Service Term.
C. Termination. Either party may terminate this Agreement: (i) upon mutual written consent; (ii) immediately if the other party breaches a material obligation and fails to cure within thirty (30) days of written notice; or (iii) immediately by the Company if payment is not received when due or if Client's conduct interferes with performance of the Services. The Company may also terminate upon fifteen (15) days' written notice for convenience.
D. Effect of Termination. Upon termination, Client shall pay for all Services performed through the termination date. No refunds shall be issued except as expressly stated herein. If Client terminates due to the Company's material breach, the Company shall issue a pro-rated refund for any prepaid Services not rendered.
2. Purpose and Scope of Services.
A. Purpose. The Company provides ongoing website design, digital marketing and advertising services designed to expand the Client's reach, visibility, and impact online. These services may include—but are not limited to—Website Maintenance, Google Ad Grant management, search engine optimization (SEO), AI discoverability (GEO), paid advertising (Google, Meta, LinkedIn), email marketing and automation, social media strategy, reporting and analytics, content optimization, and campaign consultation.
B. Service Allotments (All Plans). Except as otherwise stated in the Order, all ongoing service plans provide deliverables and service hours as allotments for a recurring period (weekly, monthly, or quarterly, as stated for each item or plan) with each having an "Allotment Period". Allotments are provided on a use-it-or-lose-it basis: any deliverable, service hour, or other unit not used within its Allotment Period, including service hours, blog posts, page copy, SEO or GEO optimizations, social posts, community-engagement time, emails, and competitor analyses, expires at the end of that period and does not roll over, accrue, bank, or carry forward to any later period. Unused allotments are not refundable, creditable, or exchangeable for cash or other services, and are not a basis for any fee reduction. Allotments are plan- and component-specific: unused units of one plan or component are not reallocated to another, and the Client's election to omit a component from a plan does not increase the allotment of, or reduce the fees for, any other component. Where the Company is unable to deliver a scheduled item or perform available hours within an Allotment Period due to the Client's delay or failure to provide required inputs, access, or approvals, those units are deemed delivered or used for purposes of the allotment. The Company may, in its sole discretion, carry forward or reschedule an allotment where the delay is caused by the Company.
C. Email Marketing. Where the Client's plan includes email marketing or marketing automation services, the Company will assist with list management, segmentation guidance, template design, content creation, scheduling, and performance reporting. The Client is solely responsible for ensuring that any contact lists provided comply with all applicable email marketing laws, including CAN-SPAM, GDPR (if applicable), and other data protection or anti-spam regulations. Client shall indemnify and hold harmless the Company for any claim arising from use of noncompliant or unauthorized contact lists or content. In addition to the obligations stated above, the following apply:
(i) Production. The Company will draft each email, provide one (1) round of revisions per email, and build audience segments. The Client is responsible for sending each finished email through its own platform once approved.
(ii) Image assets. Image assets will be provided by the Client or selected by the Company from royalty-free sources; custom image creation or editing is not included. The Client affirms that all assets, data, and content it provides are lawful for the intended use and grants the Company the rights necessary to use them in performing the Services.
(iii) Approval and accuracy. The Client sends each email and is responsible for communicating its intended send date to the Company in advance, allowing reasonable time for review. The Client is responsible for reviewing each draft and revision the Company provides for accuracy, including any data, figures, personalization, or claims it supplies prior to send. Any draft or revision the Company delivers in advance of the Client's communicated send date is deemed approved as delivered if the Client does not submit revision requests before that send date. The Company is not liable for errors, omissions, or claims arising from materials the Client approves or sends, or from changes the Client makes after approval.
(iv) Sender of record and deliverability. The Client is the sender of record and remains responsible for list consent and suppression/unsubscribe handling. The Company does not guarantee deliverability, open, or click rates, which depend on list quality, sender reputation, and recipient systems.
D. Website Maintenance. Unless otherwise specified in the applicable Order, Elevation's website maintenance plans include website hosting through Pressable or WP Engine. The Client shall provide all necessary administrative access credentials required for Elevation to perform maintenance tasks.
Each maintenance plan includes a defined number of service hours per month as set forth in the Order. Any work that exceeds the plan's hourly allotment will be billed at $200 per hour, unless otherwise agreed in writing. All support communications shall be conducted via email, except for Deluxe Maintenance Plans, which also include phone support.
Elevation will not be responsible for repairing, restoring, or remediating any website(s) that were compromised, hacked, defaced, or infected prior to the Client's enrollment in a maintenance plan.
All website maintenance plans include Pro licenses for a term of one (1) year for the following plugins:
- WordPress custom fields manager
- Advanced form builder plugin for WordPress
- WordPress event calendar manager
- WordPress social media feed manager
- WordPress data import manager
- WordPress site management toolkit
- WordPress image optimization tool
- WordPress fuzzy search optimization tool
These plugin licenses are covered for the entire duration of the contracted service term and will automatically renew upon renewal of the maintenance plan. In the event the plan is canceled or not renewed, all associated plugin licenses will terminate at the end of the active service term.
All plugin licenses are owned and managed by Elevation and are non-transferable. Upon cancellation or non-renewal, the Client is responsible for obtaining and maintaining any applicable licenses under their own name to ensure uninterrupted website functionality.
Unused monthly service hours do not roll over and are governed by Section 2B.
E. Scope of Work. Specific deliverables, performance metrics, or campaign goals (if applicable) are described in the Order. Client acknowledges that marketing and search results — including organic rankings, domain or authority scores, AI-engine citations or visibility, ad impressions or clicks, website traffic, page visits, and conversions — depend on numerous factors outside the Company's control. These include, without limitation: changes to search-engine, advertising-platform, or AI-engine algorithms and policies; the Client's existing brand reputation and recognition; overall website performance, technical health, and accessibility; the search popularity and competitiveness of the Client's cause or service area; the sensitivity of targeted keywords to deactivation, suppression, or disapproval within Google Ads or the Google Ad Grant program; third-party platform availability; and the Client's own content and responsiveness. These factors are amplified where the Client elects a siloed or single-channel scope. Accordingly, the Company does not guarantee any specific outcome, and no audit, benchmark, projection, score, or estimate provided by the Company shall be construed as a guarantee of results.
F. Client Responsibilities. Client shall:
- Provide timely access to required accounts (Google Ads, Meta, CRM, email platform, analytics, CMS, website host, domain registrar, etc.) and brand assets.
- Review and approve campaign materials or requested website updates promptly (within 48 hours when possible).
- Ensure that any provided content, contact data, or creative assets comply with applicable laws and internal policies.
Delays or lack of cooperation by the Client may impact performance or timelines.
G. Service Adjustments. Any changes to the agreed scope must be documented through a written Change Order, which may include adjustments to pricing, deliverables, or renewal terms. Change Orders become binding upon written approval by both parties.
H. Growth Marketing Plans (Integrated Programs). Certain Orders consist of bundled, multi-channel marketing plans (each, including the "Growth," "Growth Pro," and "Accelerator" tiers, a "Growth Plan"). Growth Plans are designed and priced as integrated programs in which channels such as search engine optimization (SEO), AI discoverability (GEO), Google Ad Grant management, content, social media, and email reinforce one another through shared strategy, content repurposing, and coordinated cross-channel campaigns. The Client may elect to purchase only a subset of the components within a Growth Plan. The Client acknowledges that doing so removes the cross-channel efficiencies the plan is designed to deliver, including content repurposing across channels and the coordinated leveraging of campaigns, and that the Company is not obligated to perform any component not expressly listed in the Order.
The Client further acknowledges that an isolated or single-channel scope may reduce the speed, magnitude, and durability of results the Company could otherwise achieve through a fully integrated program. The performance disclaimers and per-component scope limits in this Agreement and the Order apply to whatever subset the Client selects.
All deliverable allotments are governed by Section 2B.
I. AI Search & Discoverability. Where the Order includes AI discoverability or generative engine optimization ("GEO") services, the Client acknowledges that AI answer engines (including, without limitation, ChatGPT, Claude, Perplexity, and Google AI Overview) are emerging, proprietary, and non-deterministic. Their outputs vary between users and sessions, change without notice, and are not directly controllable, indexable, or reliably measurable by the Company or any third party. The Company will apply current best practices, such as structured data, entity markup, and llms.txt deployment, to improve the likelihood of citation, but does not and cannot guarantee inclusion, ranking, citation, or accuracy in any AI engine, nor the continued availability of any method of measuring AI visibility.
J. Production Tools & Third-Party Platforms. In performing the Services, the Company uses professional software and third-party tools, which may include automation and artificial-intelligence-assisted tools, to support research, drafting, and production. The Company reviews such materials for quality before delivery, but the Client is responsible for reviewing and approving all deliverables for accuracy, legal compliance, and brand fit prior to publication. The Company is not liable for errors, omissions, or claims arising from materials the Client approves or publishes, or from changes the Client makes after approval.
The Services depend on third-party platforms (including Google, Meta, Semrush, Google Analytics, and Google Search Console). Changes to their features, pricing, APIs, terms, or availability are outside the Company's control and may require an adjustment to scope or fees via Change Order.
K. Social Media Community Monitoring & Engagement. Where the Order includes social media community monitoring in the scope of a Growth plan, the Company's engagement is limited as follows:
(i) Growth Pro. Limited engagement with a shortlist of influencers or accounts provided by the Client, consisting of alerting the Client to those accounts' activity, liking their posts, and commenting in accordance with Client-provided guidelines and the Client's brand editorial guide for voice and tone, for up to one (1) hour per week per active network.
(ii) Accelerator. "Active management," which includes all Growth Pro engagement and additionally daily engagement with persons interacting with the Client's company pages on active networks, for up to thirty (30) minutes per day per approved network.
The Client owns its social media accounts and is solely responsible for the guidelines within which the Company engages. The Company is not responsible for third-party reactions, comments, or content, or for any engagement beyond the limits stated in the Order.
L. Client Eligibility & Compliance. Where the Order includes Google Ad Grant management in the scope of a Growth plan, the Client is responsible for maintaining certain factors related to Google for Nonprofits and Google Ad Grant eligibility. This includes keeping the organization registered and in good standing with the IRS (or applicable national equivalent) and complying with all Google program requirements as updated from time to time, including completing annual eligibility surveys, maintaining a valid SSL certificate on the Client's website, and adhering to Google's advertising policies. The Company is not responsible for grant suspension, deactivation, reduced serving, or loss of funding resulting from the Client's loss of eligibility or non-compliance, or from Google's independent decisions.
M. Content & Copywriting Scope and Limitations. Where the Order includes content or blog services in the scope of a Growth plan, each content deliverable consists, at the Client's election, of either one (1) keyword-optimized blog post, or copy for one (1) website page, up to one thousand five hundred (1,500) words each, with up to one revision included. Thought-leadership posts under the Accelerator Growth Marketing plan include supporting research and are limited to two thousand five hundred (2,500) words each. Content services are copywriting only. Graphic design, custom imagery, illustration, and user-experience (UX) design for new pages or posts are not included and may be quoted separately via Change Order. Unless the Order states otherwise, the Client is responsible for final factual review and for publishing the deliverable.
N. Competitor Analysis. Where the Order includes competitor analysis in the scope of a Growth plan:
(i) Growth plans include quarterly analysis of up to two (2) competitor organizations, provided by the Client or selected by the Company;
(ii) Growth Pro and Accelerator plans include monthly analysis of up to three (3) organizations; and
(iii) Accelerator plans additionally include weekly monitoring of the successful keyword strategies of the aforementioned three (3) similar organizations.
O. Client Materials and Content; Indemnification. Client shall retain ownership of all content and materials provided to the Company. Client takes full responsibility for any content (including, without limitation, any graphics, audio, copy text, video, images, and trademarks) provided to the Company for use in the Services ("Client Content"). Client represents and warrants that it has full rights to use all Client Content. Client covenants and agrees that the Client Content shall not include any names of, or any medical or health-related information related to, any patient or service recipient of the Client; provided, however, that Client may provide testimonials with the individual's express consent. Client shall defend, indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities, and expenses (including all reasonable attorneys' and paralegals' fees on account thereof) relating to, resulting from, or in connection with any claims related to the Client Content, Client's and its users' use of Client Content or any deliverables, Client's modification to any deliverables, or any data or information supplied by Client to the Company in connection with the Services, including, without limitation, any claim for breach of warranty, libel, slander, invasion of privacy, false advertising, claims of copyright infringement, patent infringement, trademark infringement or dilution, misappropriation of trade secrets, loss of data and information, defamation, harassment, or fraud.
P. HIPAA Disclaimer. Client understands, acknowledges and agrees that (i) the Company is not HIPAA compliant, (ii) Client is solely responsible for any and all applicable compliance with federal and/or state laws governing the privacy and security of personal data, including, without limitation, any past, present or future physical or mental health information of any individual or other sensitive data ("Health Information"), (iii) the Services are not appropriate for the storage of, or control of access to, any Health Information, and (iv) the Company does not control or monitor the information or data Client stores on, or transmits through, the Services, its website, or any contact lists or marketing platforms used in connection with the Services. The Company specifically disclaims any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Clients requiring secure storage of Health Information, including "protected health information" as defined under HIPAA, are expressly prohibited from using the Services for such purposes. Storing and permitting access to any Health Information, including any "protected health information," as defined under HIPAA, is a material violation of this Agreement, and grounds for immediate termination by the Company. Client acknowledges and agrees that (i) the Company does not sign "Business Associate Agreements" and (ii) the Company is not a Business Associate or subcontractor or agent of Client pursuant to or in accordance with HIPAA.
Q. Accessibility Disclaimer. The Company develops and maintains websites, and prepares other digital deliverables such as email templates and campaigns, social media content, and documents, in alignment with prevailing ADA technical guidance and industry best practices. However, the Company is not a certification body and is not authorized to issue determinations or guarantees of compliance with any law, regulation, or technical standard, including WCAG. To preserve independence and avoid conflicts of interest, the Company does not perform formal accessibility audits or certify the accessibility of websites it designs or maintains. Unless expressly stated in the Order, ongoing Services (including Website Maintenance) do not include accessibility monitoring, auditing, remediation, or certification. This Section applies equally to non-website deliverables produced under the Services, including email templates and campaigns, social media content, documents, and other digital materials: the Company prepares such materials in alignment with prevailing accessibility guidance but does not audit, certify, or guarantee their compliance with any law, regulation, or technical standard, and responsibility for reviewing such materials for accessibility prior to publication or distribution rests with Client. Client acknowledges that accessibility is not static: ongoing compliance may change due to content updates, third-party tools, document uploads, integrations, user-generated content, browser or assistive-technology changes, regulatory updates, or other factors outside the Company's control. Responsibility for monitoring accessibility posture rests with Client. Upon request, the Company can recommend qualified third-party accessibility auditors and strongly encourages Client to obtain an independent audit on a recurring basis. If accessibility barriers are identified through a third-party or Client-provided audit, the Company is qualified to remediate issues, including those necessary to meet up to WCAG 2.2 Level AA, under a separate scope or Change Order.
R. Third-Party Policies and Actions. Client understands, acknowledges and agrees that (i) the Company has no control over the policies and actions of any third party, including, without limitation, search engines, directories, advertising platforms, and AI answer engines, and (ii) the Company shall not be responsible for any third party's policies or actions in any manner whatsoever regardless of whether or not the Company has recommended such third party's products or services. Client further understands and agrees that it is not required to utilize the products or services of any Company-recommended third party and the decision to use such party rests solely with Client.
3. Fees, Payments, and Taxes.
A. Fees. Client shall pay all fees according to the billing cycle specified in the Order. Ongoing services are billed automatically to the payment method provided. Client will be responsible for the cost of any resources Client requests that the Company purchase on Client's behalf, such as stock photos, videos, audio files, third-party licenses, or other media assets; Client may instead choose to purchase these items directly and provide them to the Company for use in the Services. All such expenses over $250.00 will be approved in writing by Client prior to purchase.
B. Late Payments. Invoices more than thirty (30) days overdue accrue a finance charge of 1.5% per month. The Company may suspend Services for nonpayment. Client agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees, court costs and other expenses of collection resulting from any default by Client in any of the terms hereof.
C. Cancellation and Refunds. Except as set forth in Section 1(D), all fees are non-refundable. For annual (12-month) Service Terms, the Client may cancel at any time; however:
- If cancellation occurs during the first six (6) months, the Client remains responsible for payment of all fees due for that initial six-month period. No refunds will be issued for any portion of that period.
- If cancellation occurs after the first six (6) months, the Client is not responsible for future months beyond the initial six-month period, and may be eligible for a pro-rated refund of prepaid fees covering the remaining six (6) months of the annual term.
Expiry of unused deliverable or service-hour allotments under Section 2B is not a basis for any refund, credit, or offset. No other refunds, credits, or offsets shall be provided under any circumstances.
D. Taxes. Unless otherwise stated in the Order, the Company's fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, "Taxes"). Client is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on the Company's net income or property. If the Company has the legal obligation to pay or collect Taxes for which Client is responsible under this Section, the appropriate amount shall be invoiced to and paid by Client, unless Client provides the Company with a valid tax exemption certificate authorized by the appropriate taxing authority.
4. Hosting Services (if applicable).
If the Client's plan includes hosting, the Client acknowledges that hosting is provided through third-party vendors, either WP Engine, Inc. ("WP Engine") or Pressable ("Pressable"), and agrees to be bound by all of the terms and conditions set forth in the applicable provider's:
- Terms of Service: https://wpengine.com/legal/terms-of-service/ or https://pressable.com/legal/terms-of-service/, as applicable;
- Service Level Agreement: https://wpengine.com/legal/sla/ or https://pressable.com/legal/sla/, as applicable; and
- Acceptable Use Policy/Site Guidelines: https://wpengine.com/legal/aup/ or https://pressable.com/legal/site-guidelines/, as applicable,
which are incorporated into this Agreement by reference. Any hosting-related issues, complaints, or concerns, including, without limitation, any outages or downtime, must be addressed directly with the applicable hosting provider and not the Company. Client may contact the appropriate hosting provider at https://wpengine.com/contact/ or by logging in to https://my.pressable.com/, as applicable.
5. Ownership and Intellectual Property.
All original marketing assets, reports, ad copy, email templates, and deliverables produced by the Company for the Client become Client's property upon full payment, except for any proprietary tools, code, or templates developed by the Company ("Background Technology").
The Company retains ownership of its Background Technology but grants Client a perpetual, non-exclusive license to use it solely as necessary for ongoing marketing operations.
The Company reserves the right to display the Client's name, logo, and project results in its marketing materials and portfolio.
6. Confidential Information.
Each party agrees to keep the other's confidential information secure and use it only for the performance of this Agreement. These obligations survive termination but do not apply to information that is public, independently developed, or lawfully obtained without restriction.
7. Warranty and Disclaimer.
The Company warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT GUARANTEE SPECIFIC MARKETING OUTCOMES, INCLUDING AD SPEND UTILIZATION, TRAFFIC, CONVERSION RATES, DONOR GROWTH, ORGANIC RANKINGS, DOMAIN OR AUTHORITY SCORES, AND AI-ENGINE CITATIONS OR VISIBILITY.
8. Limitation of Liability.
The Company's total liability for any claim arising from or related to this Agreement shall not exceed the total amount paid by Client to the Company under this Agreement during the three (3) months preceding the claim.
In no event shall the Company be liable for indirect, consequential, incidental, or punitive damages, including loss of data, goodwill, or profits, even if advised of such possibility.
9. Relationship of the Parties.
The Company acts solely as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
10. Assignment.
Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon, the parties hereto, together with their respective legal representatives, successors, and permitted assigns.
11. Mediation; Dispute Resolution; Governing Law; Jurisdiction; Waiver of Jury Trial.
If any dispute or claim shall arise out of or relate to this Agreement and the dispute is not settled by the parties within a fifteen (15) day period, the parties agree to mediation with a mutually agreed upon mediator. If the parties are not able to agree on a mediator, each will appoint a mediator, and these two mediators will choose a third mediator to execute the mediation. The mediation may be conducted in person or virtually by videoconference or other remote means, and either party may elect to participate remotely. The parties shall equally divide the costs of the mediation regardless of the result of the mediation. This Agreement shall be governed by the laws of the State of Florida, without giving effect to the conflict of laws and rules thereto. In the event that the matter is not resolved at mediation, venue shall lie in Miami-Dade or Broward County, Florida, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to either party. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER.
12. Severability.
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
13. Force Majeure.
Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, internet service provider, advertising-platform, or hosting facility failures or delays involving hardware, software or power systems, viruses or other malicious code, denial of service attacks, and inability to obtain energy; provided, however, that the delayed party will resume performance as soon as reasonably practicable.
14. No Waiver.
The terms in this Agreement may not be modified or waived except in writing. A waiver of any provision of this Agreement by a party will only apply to the occurrence involved and will not be construed as a continuing waiver. Failure or delay by a party to enforce this Agreement will not be construed as a waiver.
15. Relationship to Other Agreements; Entire Agreement.
This Agreement governs the ongoing, subscription-based Services identified in any Order that references it. Website design, development, and other project-based services are governed by the Company's Master Services Agreement for project work, available at https://www.elevationweb.org/master-services-agreement/. Where the Client has entered into both agreements, each agreement governs only the Orders that reference it.
This Agreement, together with the Order and any approved Change Orders, constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to that subject matter. In the event of a conflict between this Agreement and an Order or Change Order, the Order or Change Order shall govern with respect to fees, deliverables, allotments, Service Term, and renewal terms, and this Agreement shall govern in all other respects. Any modification to this Agreement must be in writing and signed or electronically accepted by both parties.
16. Read and Understood; Electronic Signature.
By selecting "I Accept," signing, or otherwise electronically accepting this Agreement, or by accessing or using the Services, the Client acknowledges and agrees that it (i) has read and understood this Agreement; (ii) where the Client's plan includes hosting, has read and understood the WP Engine or Pressable Terms of Service, Service Level Agreement, and Acceptable Use Policy/Site Guidelines incorporated by reference in Section 4, as applicable; (iii) is signing this Agreement electronically and agrees that its electronic signature is the legal equivalent of its manual signature on this Agreement, all Orders, and all Change Orders, if any; and (iv) consents to be legally bound by the terms and conditions of this Agreement, all Orders, and all Change Orders, if any.