Donau Marketing LLC & Donau Marketing Club
Terms and Conditions
Last updated: 11.12.2025
Governing law: State of North Carolina (USA)
These Terms & Conditions (“Terms”) govern all services provided by Donau Marketing LLC, a North Carolina limited liability company (“we,” “us,” “our”), to clients enrolled in the Donau Marketing Club, including packages, add-ons, and related digital services (“Services”).
By subscribing, you (“Client,” “you”) acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Scope of Services
Donau Marketing Club includes ongoing marketing, design, website, SEO, and consulting services according to the selected membership level (Starter, Growth, Premium, or VIP). Specific inclusions, limitations, and add-ons are listed on your order form, checkout page, or membership description and are incorporated into these Terms.
We reserve the right to update or improve Services as needed, provided that such changes do not materially reduce the core value delivered.
2. Fees, Billing & Payment Terms
2.1 Subscription Fees
Membership fees are billed monthly or annually, depending on the plan selected. Annual plans may receive discounted pricing or waived setup fees.
2.2 Setup Fees
Setup fees are billed at the start of the subscription and are non-refundable, except as permitted under the 30-day money-back guarantee in Section 10.
2.3 Third-Party Costs
Client acknowledges that third-party costs are not included in the membership fees and will be billed separately. These may include, without limitation:
Google Ads and Meta advertising spend
Email and SMS sending fees
Domain renewal (unless included in your plan)
Printing, merchandise, and promotional materials
Premium plugins, software, or third-party integrations
AI tools, chatbot training costs, and any external API charges
other 3rd party services
Such costs will be communicated in advance whenever reasonably possible.
2.4 Payment Failures
If a payment fails:
Access to websites, hosting, funnels, CRM, automations, and campaign management may be suspended.
After 14 days of non-payment, Services may be terminated.
After 30 days, hosted materials (including websites and funnels) may be deleted, unless a buyout is agreed upon in writing.
2.5 Price Adjustments
Donau Marketing LLC reserves the right to adjust pricing, fees, and cost structures at any time in response to market conditions, increased operational costs, changes in vendor pricing, or strategic updates to the Services.
Pricing changes will apply to future billing cycles.
Clients will receive written notice (email is sufficient) at least 30 days prior to any price adjustment taking effect.
Continued use of the Services after the effective date constitutes acceptance of the updated pricing.
This applies to all membership tiers, add-ons, and any third-party pass-through costs.
3. Term & Renewal
Subscriptions renew automatically on a monthly or annual basis until properly canceled.
Both monthly and annual memberships require a 30-day written cancellation notice, unless otherwise specified in a separate written agreement.
Membership begins on the date of the first successful payment and continues until cancelled according to Section 4.
4. Cancellation Policy (Revised)
4.1 Notice Period
All cancellations require a 30-day advance written notice.
Email to our official support address is considered sufficient.
4.2 Effect of Cancellation
Upon cancellation:
Services will continue during the 30-day notice period if payments remain current.
At the end of the notice period, all access to websites, hosting, funnels, CRM, automations, and connected marketing systems will be disabled.
Deliverables licensed under the subscription model (websites, funnels, CRM setups, etc.) may be deleted after 30 days unless a buyout is completed pursuant to Section 7.
4.3 Refunds
No refunds are issued for the remainder of any billing period.
Annual memberships canceled before term completion are not prorated or refunded.
5. Service Suspension
We may suspend Services for any of the following reasons:
Non-payment
Violation of these Terms
Misuse of platforms or systems
Abusive conduct toward staff
Engagement in unlawful or unethical business activities
Reinstatement is at our discretion and may require full payment of outstanding balances.
6. Client Responsibilities
Client agrees to:
Provide all requested content, information, approvals, and materials promptly
Maintain accuracy of business information
Comply with applicable laws, including advertising, data protection, and email/SMS compliance
Use all Deliverables, systems, and platforms in accordance with these Terms
We are not responsible for delays or reduced performance resulting from missing, incomplete, or late client input.
7. Intellectual Property, Ownership & Licensing
(Full professional version as requested)
7.1 Definitions
For the purposes of these Terms:
“Deliverables” means all websites, landing pages, funnels, CRM configurations, workflows, graphics, designs, logos, brand kits, templates, copywriting, email sequences, SEO texts, and any other materials created by Donau Marketing LLC.
“Fees” means all setup fees, subscription fees, add-on charges, and third-party pass-through costs.
7.2 Ownership Before Full Payment
Unless expressly agreed otherwise in a separate written agreement, all Deliverables remain the sole and exclusive property of Donau Marketing LLC until all associated Fees have been paid in full.
This includes, without limitation:
Websites and landing pages (structure, templates, design, layout)
Funnels and automations
CRM setups and lead pipelines
Logos, logo versions, brand kits, and design files
Texts, SEO content, marketing copy, and templates
Until full payment is received, Client holds only a limited, revocable, non-transferable license to use such Deliverables for internal business purposes.
7.3 Subscription Website License (“Rent a Website” Model)
Websites, funnels, CRM systems, automations, forms, and related digital structures built under Donau Marketing Club are provided under a subscription license, not a transfer of ownership.
All intellectual property rights remain with Donau Marketing LLC.
License remains valid only while membership is fully paid and active.
Upon cancellation or non-payment:
Access may be suspended immediately
Deliverables may be permanently deleted after 30 days
A buyout may be requested in writing; additional fees apply.
7.4 Logos, Brand Kits & Content After Full Payment
7.4.1 Logos & Branding
After full payment of all applicable Fees, Client receives a perpetual, non-exclusive, worldwide license to use final approved logos and brand assets.
Donau Marketing LLC retains the right to:
Display such work in portfolios and case studies
Use anonymized versions for promotional purposes
unless explicitly restricted in writing.
7.4.2 Texts, Copy & SEO Content
After payment, Client receives a non-exclusive, perpetual license to use delivered texts, copywriting, SEO content, and marketing materials for business purposes.
We retain rights to reuse generic structures, concepts, and non-identifiable elements.
7.5 Buyout Option
Clients may request a buyout of websites, funnels, or related systems.
Buyouts:
Must be agreed in writing
Will incur additional fees
Are evaluated case by case
May be declined if they involve proprietary components
8. Limitations of Liability & Disclaimers
To the fullest extent permitted by law:
We are not liable for any indirect, incidental, special, consequential, or punitive damages.
Total liability shall not exceed the amount paid by Client during the preceding 3 months.
We do not guarantee specific business outcomes, including revenue, leads, rankings, traffic, or conversions.
Marketing results depend on factors beyond our control (competition, market conditions, Client responsiveness, budget, etc.).
8.1 Additional Disclaimers
Client acknowledges and agrees that Donau Marketing LLC is not responsible for:
Third-party platform outages or changes (Google, Meta, hosting providers, CRM services, email services)
Delays caused by Client
Legal compliance of Client-provided content
Losses resulting from Client misuse or unauthorized modifications
Technical issues arising from third-party integrations or plugins
All Deliverables are provided “as-is” and “as available,” without warranties, express or implied.
9. Indemnification
Client agrees to indemnify and hold harmless Donau Marketing LLC, its owners, employees, and affiliates from all claims arising out of:
Client’s content or materials
Misuse of Services
Violation of laws or regulations
Improper advertising or claims
Unauthorized modification of Deliverables
10. 30-Day Money-Back Guarantee
The guarantee applies only to membership fees, not setup fees or third-party costs.
Refund requests must be submitted in writing within 30 days.
The following are non-refundable:
Setup fees
Third-party costs (ads, sms/email credits, printing, plugins, etc.)
Completed design work
Custom development
Purchased software licenses
11. Governing Law
These Terms shall be governed exclusively by the laws of the State of North Carolina, without regard to conflict-of-law principles.
Any disputes shall be resolved exclusively in the state or federal courts of Mecklenburg County, North Carolina.
12. Updates to These Terms
We may update these Terms from time to time. Clients will be notified of material changes via email or platform notice. Continued use of Services constitutes acceptance of updated Terms.
