marketing

by Ernie Cote

I ’ m a liar . I ’ m sorry . I wrote an article on the 6 Questions Every Dentist Should Ask Their Digital Agency and I just learned that there is another ; a seventh , really , really , ( really !) important question to ask :

“ Is this the entire agreement , including all Terms and Conditions ?”

Here ’ s why . It has become common practice for companies to have you sign an agreement that binds you to terms and conditions , not on the agreement where you can see it , but on their website .

It looks like this :

1 . The link leads to the actual terms , and

2 . Unlike the paper document Dr . Duped signed that does not change , the online terms – the actual terms – can be changed by the agency at any time without your consent .

A doctor contacted me recently who had signed up with an agency using this tactic . She sent me the one-page agreement and was incredulous that the agency was trying to tie her up for another year . I clicked the link and had to deliver the bad news : she ’ s stuck with them for another year due to the auto-renewal found ( you guessed it ) in the online terms . She was duped .

When I printed their online terms , it was five pages – 39 clauses ! Most are innocuous , but holy moly , notice these :

Signature : Agreement :

Dr . Duped

This Services Agreement (“ Agreement ”) is made as of 8 / 1 / 2022 (“ Effective Date ”) by and between Dewey Cheatem and Howe Dental Marketing Agency (“ Agency )” at 4426 Swindle Ave ., Beach City , CA and (“ Customer ”) Dr . Duped Dental at 2222 Main St ., Little Town , TX . The Agreement ( which includes the Terms and Conditions at :

https :// deweycheatemandhowedagency . com / contract-exhibits-a / as Exhibit A ) sets forth the terms under which “ Agency ” will , and “ Customer ” will receive , the identified above “ Service ”. The Agreement is effective and binding upon both parties as of the Effective Date .

This seems simple enough , right ?

Duration . The Agreement becomes binding and governs the Parties on the Effective Date , continues in full force and effect and will automatically renew in accordance with in Paragraph 6 of the Terms and Conditions , unless the Agreement is terminated sooner pursuant to Paragraph 4 or Paragraph 7 of the Terms and Conditions .

I read contracts all the time , but that paragraph gave me a twitch .

Automatic Renewal of the Agreement . This Agreement shall automatically renew twelve months ( 12 ) after the Agreement ’ s Effective Date and will automatically renew every twelve months ( 12 ) thereafter …

Termination . This Agreement will automatically renew in accordance with Paragraph 6 , unless at least 30 calendar days before the expiration of any term , Customer gives written notice to Agency .

Services included price to be paid , length of agreement noted .

All tied in a bow at the end stating ‘ between whom the contract exists ’, ‘ when it starts ’, ‘ what will be delivered ’, ‘ how much it costs ’. It all checks out .

Except …

Translation : You must a ) keep track of the Effective Date and b ) say ,

“ Hey , Siri . Set a reminder for 10 months and 30 days from now – 29 days if a leap year – to look at my Agency ’ s agreement to

22 NORTH TEXAS DENTISTRY | www . northtexasdentistry . com