MARIA MICCOLI

Poet, artist, and writer with a business and technology background.

Web Design by Maria Miccoli

TOS

THE MICCOLI GROUP

TERMS OF SERVICE

Effective Date: October 14, 2025

1. SERVICE OVERVIEW

The Miccoli Group (“Company,” “we,” “us”) provides subscription-based marketing services including but not limited to: content creation, web design, press releases, articles, custom music production, album artwork, and related marketing deliverables (“Services”).

2. SUBSCRIPTION PLANS & PRICING

As per standard SaaS and subscription business models, payment terms are as follows:

Monthly Plan: $14,950 per month, billed monthly in advance. No commitment required. Client may cancel at any time with 30 days written notice. Services continue through the end of the paid period.

Quarterly Plan: $12,495 per month, billed monthly in advance. Requires 3-month commitment.

Annual Plan: $9,750 per month, billed monthly in advance. Requires 12-month commitment.

All plans require a valid credit card on file. Monthly subscription fees are charged automatically on the first day of each billing period. Services will not commence until initial payment is received and will be suspended immediately upon payment failure. Client remains obligated for all remaining payments per their commitment term regardless of service suspension or cancellation.

3. ADDITIONAL COSTS & THIRD-PARTY EXPENSES

3.1 Hosting Services Website hosting is NOT included in the subscription price and is always billed separately based on the specific hosting requirements of each project. Projects can range from simple websites to complex social media platforms, each requiring different hosting resources, bandwidth, and infrastructure. Hosting services are priced according to volume, traffic, storage, and technical requirements. Hosting pricing and service tiers are available at https://themiccoligroup.com/hosting. Client must maintain an active hosting account to keep websites operational. Hosting fees are in addition to subscription fees.

3.2 Pass-Through Costs The subscription fee covers Company’s services, labor, and standard tools. Certain services may require additional third-party costs which are not included in the subscription price and will be billed separately to Client, including but not limited to:

  • Website hosting services (always separate – see Section 3.1, includes SSL certificates, standard security, and email hosting)
  • Domain registration and renewal fees
  • Premium plugins, software, or applications
  • Third-party fonts requiring commercial licenses
  • Stock photography, video, or audio assets
  • Premium API services beyond Company’s standard subscriptions
  • Paid advertising spend (media costs only, not management)
  • Premium security services beyond standard hosting security
  • Any other third-party costs incurred on Client’s behalf

3.3 Client Authorization Company will obtain Client approval before incurring any additional costs exceeding $250. Client agrees to reimburse Company for all approved third-party expenses within 15 days of invoice.

4. SERVICE DELIVERY

  • Client receives one (1) completed task every 48-72 hours during active subscription
  • Tasks may include any services offered by The Miccoli Group
  • Complex projects may be divided into subtasks, with each subtask requiring 48-72 hours for completion
  • For music production: each individual song and its corresponding album cover constitutes one task (48-72 hours)
  • Turnaround time begins upon receipt of complete creative brief and required information from Client
  • Unlimited brands: Client may request services for multiple brands/businesses under their ownership at no additional charge

4.1 Delivery Timeline Exceptions The 48-72 hour delivery timeline represents Company’s good-faith commitment under normal operating conditions. Company shall not be liable for delays caused by circumstances beyond its reasonable control, including but not limited to: power outages, internet service disruptions, equipment failure, cyber attacks, hacking incidents, natural disasters, platform or third-party service outages (including AI tool providers), scheduled or emergency system maintenance, illness, or other force majeure events. In such circumstances, Company will notify Client of the delay and provide a revised delivery estimate as soon as reasonably possible.

5. OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS

5.1 Music Production All custom music is created using AI-assisted production tools with appropriate commercial licensing. Music releases will be published under The Miccoli Group’s label name unless otherwise agreed in writing.

4.2 Completed Deliverables Upon full payment, Client receives full ownership and unrestricted commercial usage rights to all completed deliverables, including but not limited to: custom music, albums, album artwork, written content, articles, press releases, ebooks, logos, graphics, and design files. Client may use these materials in perpetuity for any lawful commercial purpose. No additional licensing fees or buyouts are required.

4.3 Ongoing Services Services that require ongoing Company resources, management, or third-party costs remain active only during Client’s paid subscription term. These include but are not limited to:

  • Website hosting services
  • Digital distribution management (music streaming platforms)
  • Social media account management
  • Paid advertising campaign management
  • Email marketing platform management
  • Any service requiring ongoing Company administration or third-party subscription costs

4.3.1 Client-Hosted Websites If Client chooses to host their website on their own servers or third-party hosting provider, Company will retain hosting and management of critical supporting files and links (including but not limited to CSS files, JavaScript libraries, API keys for Company-provided or Company-managed services, image cloud hosting, CDN resources, fonts, plugins, and other technical dependencies) on Company servers or Company-managed third-party services. Website functionality is dependent on Company’s continued hosting and support of these components, which remains active only during Client’s paid subscription term. Upon subscription termination or non-payment, Company will discontinue hosting and support of these critical components, which will result in impaired or non-functional website performance. Client acknowledges and agrees to this technical dependency as a condition of using external hosting.

Upon subscription termination, Client may:

  • Download and retain all completed deliverables and content created during paid subscription periods
  • Export website files, content, and databases (if account is paid in full and in good standing)
  • Obtain all necessary credentials and access to transfer services to another provider (if account is paid in full and in good standing)
  • Continue using all completed creative work (music, content, designs) that was delivered during paid periods without restriction

Company will provide reasonable assistance with service transition upon request, provided Client’s account is paid in full and in good standing.

4.4 Company Portfolio Rights Company retains the right to use delivered work in portfolios, case studies, and promotional materials unless Client requests confidentiality in writing.

5. PAYMENT TERMS & COMMITMENT

5.1 Monthly Plan No long-term commitment required. Client may cancel with 30 days written notice. Final month’s payment is non-refundable.

5.2 Quarterly Plan Client commits to three (3) consecutive months. If Client terminates subscription before completing the 3-month commitment, Client remains obligated to pay all remaining months in the quarterly commitment.

5.3 Annual Plan Client commits to twelve (12) consecutive months. If Client terminates subscription before completing the 12-month commitment, Client remains obligated to pay all remaining months in the annual commitment.

5.4 Non-Payment Failure to remit payment by the due date will result in:

  • Immediate suspension of all Services
  • Immediate termination of all ongoing services outlined in Section 4.3
  • Account referral to collections agency
  • Client remains liable for all outstanding fees plus reasonable collection costs and attorney fees

6. REVISIONS & MODIFICATIONS

Each task includes up to two (2) rounds of reasonable revisions. Additional revisions may be requested and will be treated as new tasks in the queue.

7. CLIENT RESPONSIBILITIES

Client agrees to:

  • Provide complete creative briefs, brand guidelines, and necessary materials in a timely manner
  • Respond to requests for clarification within 48 hours
  • Ensure all provided content, brand names, and materials do not infringe third-party rights
  • Maintain current payment information on file

8. REFUND POLICY

All subscription fees are non-refundable. In the event of service dissatisfaction, Client may cancel future renewals per the terms outlined in Section 5, but no refunds will be issued for services already paid.

9. CONTENT OWNERSHIP & USAGE RIGHTS

9.1 Client Content Client retains all rights to materials and information provided to Company.

9.2 Work Product Ownership As outlined in Section 4, Client receives full ownership of all completed deliverables upon payment. Company retains rights only to use work in portfolio and promotional contexts as specified in Section 4.4.

9.3 Music & Label Attribution Music delivered under this agreement will be released under The Miccoli Group’s label name. This provides mutual marketing benefit and brand exposure for both parties. Label attribution does not limit Client’s ownership or usage rights.

10. AI-GENERATED CONTENT DISCLOSURE

Client acknowledges and agrees that certain deliverables, including custom music, may be created using artificial intelligence tools and platforms. Company maintains appropriate commercial licensing for all AI platforms utilized. While AI-generated content exists in an evolving legal landscape, Company provides Client with full commercial usage rights as outlined in Section 4 during the active subscription term.

11. DISCLAIMERS & LIMITATIONS OF LIABILITY

Services are provided “as is” without warranties of any kind. Company does not guarantee specific marketing results, revenue increases, or customer engagement outcomes.

Company’s total liability shall not exceed the amount paid by Client in the three (3) months preceding the claim.

12. INDEMNIFICATION

Client agrees to indemnify and hold harmless Company from any claims arising from:

  • Client’s use of delivered materials
  • Content or information provided by Client
  • Client’s breach of third-party intellectual property rights
  • Client’s violation of these Terms

13. TERMINATION

13.1 By Client Client may terminate per the terms outlined in Section 5, depending on plan type.

13.2 By Company Company reserves the right to terminate service immediately for:

  • Non-payment
  • Abusive or inappropriate conduct toward Company personnel
  • Requests for illegal, harmful, or unethical content
  • Material breach of these Terms

Upon termination for cause, Client forfeits all prepaid fees and all ongoing services immediately terminate per Section 4.3.

14. GENERAL PROVISIONS

14.1 Entire Agreement These Terms constitute the entire agreement between parties and supersede all prior agreements or understandings.

14.2 Modifications Company may modify these Terms with 30 days written notice. Continued use of Services constitutes acceptance of modified Terms.

14.3 Price Changes Pricing for Services is subject to change at any time without notice. Price changes apply only to new subscriptions. Existing clients will maintain their current pricing for the duration of their active subscription term and any subsequent renewals, provided there is no lapse in service.

14.4 Governing Law These Terms shall be governed by the laws of Alberta, Canada, without regard to conflict of law principles.

14.5 Dispute Resolution Any disputes shall first be attempted to be resolved through good-faith negotiation. If unsuccessful, disputes shall be resolved through binding arbitration in Alberta, Canada.

14.6 Severability If any provision is found unenforceable, remaining provisions remain in full effect.

14.7 Assignment Client may not assign this agreement without Company’s written consent. Company may assign this agreement to any successor entity.

15. CONTACT INFORMATION

For questions regarding these Terms or Services:

The Miccoli Group
Box 57172, RPO Sunridge,

Calgary, Alberta, T1Y 6R4

maria@themiccoligroup.com

https://themiccoligroup.com/appointment

(to schedule a telephone consultation)

BY SUBSCRIBING TO THE MICCOLI GROUP SERVICES, CLIENT ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.

Client Name: ___________________________

Client Signature: ___________________________

Date: ___________________________

Company Representative: ____________________

Date: ___________________________

 

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