Terms of Service

Georgia Practice Growth is a brand operated by That's No Moon LLC ("Company", "we", "us", "our"). These Terms of Service ("Terms") govern your use of this website and any services you engage us to provide ("Services"). By using this website, requesting a proposal, or engaging our Services, you ("Client", "you") agree to these Terms. Specific pricing and scope for your engagement are set out in the plan or proposal you accept, which forms part of your agreement with us.

1. Services

We provide local search and Google Business Profile ("GBP") management, and, where separately agreed, website design and paid advertising management, for local businesses and practices. The exact deliverables, plan tier, and fees for your engagement are those stated in the plan or proposal you accept. We may adjust our methods, tools, and vendors at our discretion, provided the agreed outcomes are not reduced.

2. Client Responsibilities

Your results depend on your cooperation. You agree to:

• Grant and maintain the access we need, including manager access to your Google Business Profile, website, and any relevant accounts.
• Upload the photos and videos we request, on the schedule we provide.
• Help maintain a steady flow of new customer reviews as we direct.
• Respond to requests and approvals in a timely manner.
• Ensure that all business information, content, claims, and testimonials you provide or approve are accurate, lawful, and yours to use.

Our performance commitments, including any fee waiver in Section 4, apply only while you meet these responsibilities. If you do not, we may suspend the baseline and performance terms for the affected period.

3. Fees and Billing

You agree to pay the monthly fees for your chosen plan as stated in your accepted plan or proposal. Fees are billed monthly and are due on receipt unless stated otherwise. Engagements renew month to month. We may suspend Services for overdue amounts. For advertising Services, you pay all advertising budgets directly to the platform (for example, Google or Meta); our management fee does not include ad spend.

4. Performance Model

Where your plan includes the Google Maps performance model, the following applies:

• A performance bonus of $30 is billed for each Google Maps call above your baseline, calculated and billed at the end of each month. Your total monthly fee is capped at $2,000.
• Your baseline is the average monthly calls over the 6 months immediately preceding the start of the engagement, and is refreshed every 12 months.
• If Google Maps calls fall below your baseline by even one call in a month, we waive 50% of that month's management fee.
• The call count reported by your Google Business Profile is the sole measurement used to calculate the baseline and all performance fees and waivers.

The fee waiver described in this section is your sole and exclusive remedy for any month in which calls fall below your baseline. If Google changes, removes, or stops reporting the call metric, we will agree with you in good faith on a comparable replacement measurement.

5. Term, Cancellation, and Refunds

Engagements are month to month with no long-term contract. Either party may cancel with written notice before the next billing cycle. On cancellation, we will hand back full control of your accounts and profiles.

Fees are earned when the Services are performed and are non-refundable, except where required by law. If any refund or credit is ever owed, or any liability is otherwise established, our total refund and liability is limited as described in Section 10.

6. No Guarantee of Results

Search and local visibility depend on systems we do not own or control. We do not control Google, Meta, or any search engine or platform, or their algorithms, policies, or ranking systems. Except for the specific fee waiver in Section 4, we do not guarantee any particular ranking, position, amount of traffic, number of calls, revenue, or other result. Any timelines we give are estimates. Rankings, visibility, and calls can rise or fall for reasons outside our control, including algorithm updates, competitor activity, seasonality, and platform actions such as profile suspensions.

7. Third-Party Platforms

The Services rely on third-party platforms, including Google and Meta, which control their own profiles, features, and policies and may change or discontinue them at any time. You remain the owner of your Google Business Profile and all of your accounts. You grant us manager access solely to perform the Services, and you authorize the changes we make in that role. We are not responsible for platform actions, including suspensions, that result from your business information, your conduct, or the platform's own decisions.

8. Healthcare and Regulatory Compliance

You are solely responsible for compliance with all laws and regulations that apply to your practice, including HIPAA, healthcare and professional advertising rules, and licensing requirements. We do not provide legal, medical, or regulatory advice. You are responsible for the accuracy and compliance of all content, claims, before-and-after material, and testimonials you provide or approve, and for ensuring that responses to reviews do not disclose any protected health information.

9. Intellectual Property

Upon full payment, you own the final website deliverables we create specifically for you. We retain ownership of our pre-existing materials, tools, templates, processes, and know-how, and of anything not created specifically for you. We may reference our work for you and non-confidential results in our portfolio and marketing, unless you ask us not to in writing.

10. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to these Terms or the Services is limited to the amount of fees you paid to us for the affected Service during the three (3) months immediately before the event giving rise to the claim. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

11. Disclaimer of Warranties

The Services and this website are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in these Terms.

12. Indemnification

You agree to indemnify and hold harmless That's No Moon LLC and its owners and personnel from any claims, damages, losses, and costs, including reasonable legal fees, arising out of the content or information you provide, your products or services, your business practices, or your violation of any law or of these Terms.

13. Confidentiality

Each party will protect the other's non-public information shared for the purpose of the engagement and will use it only to perform or receive the Services. This does not apply to information that is public, already known, or independently developed, or that must be disclosed by law.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Georgia have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to that jurisdiction and venue.

15. Changes to These Terms

We may update these Terms from time to time. The version posted here, with its "Last updated" date, is the current version. Your continued use of the website or Services after a change means you accept the updated Terms.

16. Contact

That's No Moon LLC (Georgia Practice Growth)
8735 Dunwoody Place 5707, Atlanta, GA 30350, USA
sal@practicegrowthgeorgia.com