Web Design
Shift In MarketingThis business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 1 complaint in the last 3 years.
- 1 complaint closed in the last 12 months.
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Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.
Initial Complaint
Date:08/07/2025
Type:Product IssuesStatus:UnresolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Before signing up for services with Shiftin I had a zoom meeting with **** **** & explained I was having difficulty with my current website and email because I was doing it all on my own. He assured me that they could build me a great website and fix my problems. Jan. 13, 2025 I signed up for year's service with Shiftin Marketing *************** I paid $397 upfront, with $197 monthly payments. They were to rebuild my website, set up my email biz email with gmail or Outlook, and provide CRM marketing with a DFY model. I was told by **** that I could access ppl for help as needed. I was told I would have **** check in with me weekly to make sure all was going well. I never received a call from **** though I asked about it several times.I first started noticing some emails were not coming to me in gmail, but were in the Hilevel app used, nor were they always easily found in the Shiftin system. When I could find them, I could not fwd, copy, organize, or do anything but reply to these emails. They were labeled in ways that made no sense ("Support" was one of the emails I rec'd, though it was coming from a from a company), which made it even more difficult to find emails. I missed important emails about the book I authored (Today I just found out another was sent June 4 that I only know I missed because the sender wrote me another). ************ suffered the same email issues.The website finally went live a couple months after I signed up. It didn't have my correct hrs (first it had all the hours in the week, then was somehow reduced to 2 afternoons, not the hours I gave). My website has not worked properly (client made an appt w/o paying). At 1 pt ***** texted I shouldn't have to pay more & **** did refund a mth. Now that i want to quit & not pay more, **** sent a breach that states I need to pay $2,692 or $13,364.Business Response
Date: 08/11/2025
BBB Response to *** ****** Complaint - Shift In Marketing, LLC
RESPONSE TO UNFOUNDED ALLEGATIONS AND CONTRACT BREACH
We appreciate the opportunity to address Ms. ******** complaint and provide factual clarity regarding this contract dispute.
SERVICES SUCCESSFULLY DELIVERED:
Contrary to Ms. ******** claims, we completed and delivered all contracted services:
? Complete website development at ************************* (currently live and functional)
? Content creation, structuring, and custom branding integration
? CRM system setup with Go High Level platform integration
? Technical setup, configuration, and functionality implementation
? Email system integration with Gmail/Outlook connectivity
? Done-for-you marketing automation and tools
DOCUMENTED CONTRACT VIOLATIONS BY MS. ***************** Payment Default (Terms Section 10.1-10.2):
- Outstanding balance: $5,985.00 for completed services
- Our Terms clearly state: "ALL FEES ARE NON-REFUNDABLE" and website ownership remains with Shift In Marketing until 100% payment received
- Ms. ****** stopped payments while continuing to use our delivered website
2. Intellectual Property Theft (Terms Sections 4.1, 7.1):
- Currently operating ************************* containing our proprietary content, design elements, and structural components
- Continued unauthorized use without payment constitutes copyright infringement
- Website remains our property per contract until full payment
3. Reverse Engineering Violation (Terms Section 3.1):
- Ms. ****** admitted attempting to "reverse engineer her website with another solution provider"
- Our Terms explicitly prohibit "reverse engineer, decompile, or disassemble any software or technology"
- This is a direct material breach of contract
4. Unauthorized System Access (Terms Section 14):
- Attempted security vulnerabilities identification in our platform
- Prohibited activities include unauthorized penetration testing or network probing
ADDRESSING HER UNFOUNDED LEGAL THREATS:
Ms. ******** citation of Oregon's Unlawful Trade Practices Act is legally baseless:
Her Claims vs. Reality:
- CLAIM: "Services not delivered as represented
FACT: Website is live, functional, and she continues using it daily
- CLAIM: "Website went offline for days"
FACT: Website shows consistent uptime; any issues were hosting-provider related, not our development
- CLAIM: "Email platform issues"
FACT: Email routing challenges were due to her existing service provider configuration, not our CRM integration
- CLAIM: "Online store never functioned"
FACT: E-commerce functionality was properly configured; additional payment gateway setup required her merchant account credentials
DAMAGES SUFFERED BY SHIFT IN MARKETING:
We are the injured party having suffered:
- $5,985.00 in unpaid contracted services
- Ongoing intellectual property theft
- Time and resources spent on collection efforts
- Potential copyright infringement damages of $13,364
SETTLEMENT EFFORTS:
Despite Ms. ******** breaches, we offered a generous settlement of $2,692 (80% discount from full damages) to resolve this matter amicably. This offer demonstrates our good faith despite her contract violations.
LIABILITY PROTECTION:
Our Terms (Section 7) clearly limit liability: "SHIFT IN MARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES" and cap total liability at "the amount paid in the three months preceding the claim."
PROFESSIONAL RESOLUTION:
We remain open to direct communication with Ms. ****** to resolve this matter professionally. However, we will vigorously defend against any frivolous legal action while protecting our intellectual property rights and pursuing collection of legitimately owed fees.
VERIFICATION:
We invite BBB to review our extensive client testimonials, documented service delivery, and contract terms that clearly establish Ms. ******** material breaches while we fulfilled all obligations.
Contact: *************** or ********************************Customer Answer
Date: 08/17/2025
Complaint: 23684198
I am rejecting this response because:MY RIGHTFUL LEGAL POSITION:
Under ORS 646.608(1)(e) and (i) of Oregons Unlawful Trade Practices Act, it is illegal to:
Represent that goods or services have characteristics, uses, or benefits they do not have
Advertise services with the intent not to provide them as advertised
I was promised full website development, automation, and reliable communication tools. These were not delivered as represented.
DOCUMENTED SERVICE FAILURES BY SHIFT IN MARKETING:
Breach of Implied and Promised Functionality
Site store never functioned properly
Hours remained incorrect, despite multiple requests
Website crashed or went offline for extended periods
CRM tools were difficult to navigate and unsupported by the team
Failure to Deliver Full Value for Payment Rendered
I paid $1379 under the belief that services would match the representations made at the outset
Instead, I received a broken system and though I received support, it failed to fix the issues
Inaccessibility and Poor Client Support
Shift In failed to resolve repeated complaints about the website and email. The CRM functions were set up poorly and complicated so that teaching it to me was messy
Attempts to get help were met with excuses or technical explanations that did not resolve issues
Misuse of Technical and Legal Language to Intimidate
References to reverse engineering, copyright infringement, and security probing are misleading and retaliatory
I sought outside support only after repeated failure on their part to deliver promised services
There was no malicious intentjust a frustrated client trying to recover a failing web presence
SERVICES MISREPRESENTED OR INCOMPLETE. Despite Shift ins claims, the services were not delivered as promised: SEE ATTACHED FILE
Sincerely,
*** ******Business Response
Date: 09/02/2025
Response to Complaint ID ********
Shift In Marketing categorically rejects the allegations raised by Ms. ******* This was a business-to-business engagement, not a consumer transaction. Ms. ****** is misapplying the Oregon Unlawful Trade Practices Act (ORS *******), which applies only to goods or services acquired for personal, family, or household purposes. The services provided here website development and CRM automation were clearly purchased for business use, making her reliance on this statute inapplicable.
Services Delivered and Outstanding Balance
Shift In Marketing provided Ms. ****** with a fully functioning website and CRM setup as contracted. We addressed and rectified her complaints in good faith, providing ongoing support. Despite this, she has an outstanding balance of $1,313.00 for services rendered. Rather than fulfill her contractual obligations, she is attempting to avoid payment by mischaracterizing the services and raising unfounded legal claims.
Intellectual Property Infringement
Her dissatisfaction escalated only after we issued a Cease & Desist letter requiring her to stop allowing a third-party company to reverse engineer and copy our proprietary work. We have documented evidence of this conduct, which constitutes copyright infringement. Her current complaint to the BBB appears retaliatory and designed to obscure her own contractual and legal breaches.
Position of Shift In Marketing
- A functioning website was delivered.
- Complaints raised were addressed and rectified.
- An outstanding balance remains unpaid.
- The Oregon consumer statute cited does not apply.
- Her actions constitute infringement of our intellectual property.Shift In Marketing stands by its work, rejects the allegations of misrepresentation, and notes that this complaint is without merit. It is an attempt to misuse consumer law to evade contractual obligations and distract from documented infringement.
Respectfully,
Customer Service Manager
**********************Customer Answer
Date: 09/15/2025
I apologize for not connecting sooner with this for ID ********. I was caring for my elderly father-in-law this past week and time got away from me. Here is my rebuttal to Shift In's last response:
So far, I have only seen accusationsprimarily from **** **** of Shift In Marketingthat I allowed a third-party company to reverse engineer and copy proprietary work. No evidence has been submitted to support this claim.
This allegation is false.
I have yet to see any evidence disproving my documented concerns, whereas I have submitted multiple pieces of verifiable evidence supporting my claims, including:
Email failures affected not only me, but both **** and *****, as they themselves acknowledged in writing. This was not an isolated issue and further confirms systemic problems with their setup.
My business hours on the website were consistently incorrect, even after repeated requests to fix them. When changes were made, they were still inaccurate.
While some complaints were acknowledged, they were not resolved, as demonstrated in the communications and screenshots I submitted.
I am not using any intellectual property belonging to Shift In. I took down the website they built and replaced it with a new version I created independently.
I submitted written proof that ***** requested **** to stop charging me, due to the ongoing issues with both the website and email systems.
Since the implementation of the website by Shift In, the site has generated only one client, in ***** contrast to prior performance. My sales dropped to nearly nothing despite expanding my services and publishing new offerings.
DESIRED RESOLUTION
I am requesting that Shift In waive any further payments for the remainder of the year, as I already paid for the time during which I attempted to use their services.
I am not requesting a refund, despite being unable to use the services as intended.
I am not seeking financial compensation for the significant loss of business or the disruption to my book and marketing efforts caused by missed emails and a malfunctioning website.
I simply ask that Shift In stop contacting me about further payments and cease any attempts to collect money for services that were either non-functional or never delivered as promised.
*** ******
*************************Business Response
Date: 10/09/2025
Rebuttal to Contract Breach Allegations
We categorically dispute the allegations made regarding breach of contract and wish to set the record straight on the following matters:
Regarding Contract Performance: Contrary to the claims made, we fulfilled our contractual obligations in accordance with the agreed-upon scope of work. The website was delivered as specified, functional, and met all requirements outlined in our original agreement with Ms. ******* Any alleged "breach" stems from Ms. ******** failure to remit payment for services rendered, not from any deficiency in our performance.Regarding Reverse Engineering Claims: We possess documented evidence demonstrating a coordinated effort by Ms. ******* in collaboration with ***** ******** *********************** to unlawfully reverse engineer and extract proprietary elements of the website we developed.
This evidence includes:
Server logs showing unauthorized attempts to access backend code
Documentation proving ***** ********** direct involvement in extracting our proprietary work from our systems
Evidence that our intellectual property was subsequently deployed on ************** without authorization or compensation
Communication records indicating premeditated intent to circumvent our intellectual property rights
Technical forensics demonstrating the systematic extraction and replication of our proprietary code and design elements
Third-Party Conspiracy: The involvement of ******************************************** in this matter elevates this from a simple contract dispute to a case of coordinated intellectual property theft. Mr. ********** active participation in extracting and rehosting our work constitutes tortious interference with our business relationship and unlawful appropriation of our proprietary assets.
Financial Resolution: The outstanding balance represents legitimate charges for:
Website development and implementation services as contracted
Compensation for unauthorized use and theft of our proprietary intellectual property
Additional damages resulting from a third-party conspiracy to misappropriate our work
Costs incurred due to breach of payment terms and subsequent legal exposure
Final Resolution: We acknowledge that Ms. ****** has removed our work from public display. Given the serious nature of the intellectual property theft involving multiple parties, we are prepared to consider this removal as a satisfactory resolution of the dispute, provided:
No further use of our proprietary code, designs, or methodologies occurs by Ms. ****** or any associated parties, including ********************************************
All copies of our proprietary work are permanently deleted from all systems controlled by Ms. ******* ***** ********* or ************
This agreement constitutes full and final settlement of all claims between all parties involved
All parties agree to refrain from disparaging communications regarding this matter.
We believe this resolution serves the best interests of all parties involved and avoids the need for formal legal proceedings regarding intellectual property theft and conspiracy claims.
Rebuttal to Contract Breach Allegations
We categorically dispute the allegations made regarding breach of contract and wish to set the record straight on the following matters:
Regarding Contract Performance: Contrary to the claims made, we fulfilled our contractual obligations in accordance with the agreed-upon scope of work. The website was delivered as specified, functional, and met all requirements outlined in our original agreement with Ms. ******* Any alleged "breach" stems from Ms. ******** failure to remit payment for services rendered, not from any deficiency in our performance.
Regarding Reverse Engineering Claims: We possess documented evidence demonstrating a coordinated effort by Ms. ******* in collaboration with ***** ******** *********************** to unlawfully reverse engineer and extract proprietary elements of the website we developed.
This evidence includes:
Server logs showing unauthorized attempts to access backend code
Documentation proving ***** ********** direct involvement in extracting our proprietary work from our systems
Evidence that our intellectual property was subsequently deployed on ************** without authorization or compensation
Communication records indicating premeditated intent to circumvent our intellectual property rights
Technical forensics demonstrating the systematic extraction and replication of our proprietary code and design elements
Third-Party Conspiracy: The involvement of ******************************************** in this matter elevates this from a simple contract dispute to a case of coordinated intellectual property theft. Mr. ********** active participation in extracting and rehosting our work constitutes tortious interference with our business relationship and unlawful appropriation of our proprietary assets.
Financial Resolution: The outstanding balance represents legitimate charges for:
Website development and implementation services as contracted
Compensation for unauthorized use and theft of our proprietary intellectual property
Additional damages resulting from third-party conspiracy to misappropriate our work
Costs incurred due to breach of payment terms and subsequent legal exposure
Final Resolution: We acknowledge that Ms. ****** has removed our work from public display. Given the serious nature of the intellectual property theft involving multiple parties, we are prepared to consider this removal as a satisfactory resolution of the dispute, provided:
No further use of our proprietary code, designs, or methodologies occurs by Ms. ****** or any associated parties, including ********************************************
All copies of our proprietary work are permanently deleted from all systems controlled by Ms. ******* ***** ********* or ************
This agreement constitutes full and final settlement of all claims between all parties involved
All parties agree to refrain from disparaging communications regarding this matter
We believe this resolution serves the best interests of all parties involved and avoids the need for formal legal proceedings regarding intellectual property theft and conspiracy claims.
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