1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and Blueprinted Marketing LLC ("Company," "we," "us," or "our"), a digital marketing agency based in Southern California. By engaging our services, signing a proposal or contract, or making any payment to us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, please do not engage our services. Questions may be directed to enrique@blueprintlocal.agency.
2. Services
Blueprinted Marketing provides digital marketing services including, but not limited to:
- Google Ads and Pay-Per-Click (PPC) campaign management
- Meta (Facebook and Instagram) advertising
- Google Business Profile (GBP) optimization and management
- Social media management and content creation
- Website design and development
- Photography and video production
- Search engine optimization (SEO)
- Marketing strategy and consulting
The specific services, deliverables, and timelines for each engagement are outlined in the applicable proposal, statement of work, or service agreement ("Service Agreement") provided to you separately. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement shall control.
We reserve the right to refuse service to any prospective client at our sole discretion, and to modify or discontinue any service offering with reasonable notice.
3. Client Responsibilities
To enable us to deliver services effectively, you agree to:
- Provide accurate, complete, and timely information, materials, and access (including ad account credentials, website access, and brand assets) as reasonably requested.
- Designate a primary point of contact with authority to make decisions on your behalf.
- Review and provide feedback on deliverables within the timeframe specified in your Service Agreement. Delays in client feedback may result in project timeline adjustments.
- Ensure that all content, trademarks, images, and other materials you provide do not infringe upon any third-party intellectual property rights or violate any applicable law.
- Comply with the terms of service of all third-party platforms (Google, Meta, etc.) used in connection with your campaigns.
Failure to fulfill these responsibilities may affect service delivery and does not entitle you to a refund or credit.
4. Fees & Payment
Service Fees: Fees for our services are set forth in your Service Agreement. All fees are quoted in U.S. dollars.
Payment Schedule: Unless otherwise specified in your Service Agreement:
- Monthly retainer services are billed on the 1st of each month (or upon project commencement for the first month).
- Project-based work may require a deposit of up to 50% due before work begins, with the remainder due upon project completion or as specified in the Service Agreement.
- One-time setup fees are due prior to the commencement of work.
Ad Spend: Any advertising budget (Google Ads spend, Meta Ads spend, etc.) is separate from and in addition to our management fees. Ad spend is billed directly by the advertising platform or, where applicable, invoiced to you as a pass-through cost. We are not responsible for charges incurred directly by third-party platforms.
Late Payments: Invoices not paid within 15 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause or suspend services for accounts with overdue balances until payment is received in full.
Taxes: You are responsible for all applicable taxes, including sales tax, arising from the services we provide, except for taxes on our income.
5. Cancellation & Refund Policy
Monthly Retainer Services: Either party may cancel a monthly retainer by providing written notice at least 30 days prior to the next billing date. Services and access will continue through the end of the paid period. No partial refunds are issued for unused days within a billing cycle.
Project-Based Work: Cancellation of a project after work has commenced will result in forfeiture of any deposit paid. If work completed exceeds the deposit amount, you will be invoiced for the value of work performed up to the cancellation date, due within 15 days.
Refunds: Due to the nature of digital marketing services — which involve labor, time, and third-party costs that cannot be recovered — all fees paid are non-refundable except in the following circumstances:
- We have materially failed to deliver the services described in your Service Agreement and have not cured such failure within 14 days of written notice.
- A billing error has resulted in an overcharge, in which case the excess amount will be refunded or credited toward future invoices.
Dissatisfaction with campaign performance does not constitute grounds for a refund. Digital advertising results are dependent on many factors outside our control, including market conditions, platform algorithm changes, and competitive landscape.
Ad Spend: Any ad spend already disbursed to third-party platforms (Google, Meta, etc.) is non-refundable and subject to those platforms' own refund policies.
6. Intellectual Property
Client-Owned Materials: You retain all rights to any content, logos, trademarks, images, and other materials you provide to us ("Client Materials"). You grant us a limited, non-exclusive license to use Client Materials solely for the purpose of performing the services under your Service Agreement.
Work Product: Upon receipt of full payment for all fees due, we assign to you all right, title, and interest in the final deliverables specifically created for you under the applicable Service Agreement (e.g., website files, ad creatives, written content), to the extent such deliverables constitute original works of authorship.
Pre-Existing and Third-Party Materials: We retain all rights to our pre-existing tools, templates, methodologies, processes, software, and know-how ("Background IP"). Where deliverables incorporate Background IP or third-party licensed materials (e.g., stock photography, fonts, plugins), we grant you a non-exclusive license to use such materials as part of the final deliverable.
Portfolio Use: We reserve the right to display work performed for you in our portfolio, case studies, social media, and marketing materials unless you provide written notice requesting otherwise.
No Infringement: You represent and warrant that Client Materials do not infringe the intellectual property rights of any third party. You agree to indemnify and hold us harmless from any claims arising out of your breach of this representation.
7. Confidentiality
Both parties agree to keep confidential any non-public information disclosed by the other party in connection with the services ("Confidential Information"), including but not limited to business strategies, pricing, customer data, and campaign performance data. Neither party shall disclose the other's Confidential Information to third parties without prior written consent, except as required by law or as necessary to perform the services (e.g., disclosing information to platform representatives on your behalf).
This confidentiality obligation survives the termination of the service relationship for a period of two (2) years.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- No Guarantee of Results: We do not warrant or guarantee any specific results, including but not limited to a specific number of leads, sales, revenue, impressions, clicks, or search rankings. Marketing outcomes are inherently uncertain and subject to factors outside our control.
- Cap on Liability: Our total cumulative liability to you arising out of or related to these Terms or the services, whether based on contract, tort, negligence, strict liability, or any other legal theory, shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
- Exclusion of Consequential Damages: In no event shall either party be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
- Third-Party Platforms: We are not liable for any actions, decisions, policy changes, outages, or account suspensions by third-party platforms such as Google or Meta, including any resulting impact on campaign performance or ad spend.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Blueprinted Marketing and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any third-party rights, including intellectual property rights; (c) your use of the services in violation of applicable law; or (d) any content or materials you provide to us.
10. Termination
Either party may terminate the service relationship in accordance with the cancellation provisions in Section 5. We may also immediately suspend or terminate services without notice if you: (a) breach these Terms and fail to cure such breach within 7 days of written notice; (b) engage in fraudulent, abusive, or illegal activity; or (c) fail to pay any amount due.
Upon termination, you remain responsible for payment of all fees accrued through the termination date. We will provide you with reasonable assistance to transition services, including providing access to campaign data and files owned by you, within 30 days of termination.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the services shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered in Riverside County, California, in accordance with the rules of the American Arbitration Association, with the exception that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
12. Modifications to Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms. We will make reasonable efforts to notify active clients of material changes via email.
13. Entire Agreement
These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and Blueprinted Marketing with respect to the subject matter herein and supersede all prior negotiations, representations, warranties, and understandings between the parties. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14. SMS Messaging Program
Program Description: Blueprinted Marketing LLC operates an SMS messaging program that sends appointment reminders, lead follow-up messages, project communications, and business update notifications to opted-in contacts. If you separately consent, we may also send promotional messages including offers and marketing updates.
How to Opt In: You may opt in to receive SMS messages by checking the applicable SMS consent checkbox on our website contact form. Transactional/conversational consent and promotional consent are presented separately. Opting in to promotional messages is entirely optional and is not required to submit the form or receive our services.
How to Opt Out: Text STOP at any time to unsubscribe from SMS messages. After texting STOP, you will receive one final confirmation message and no further messages will be sent. You may re-subscribe at any time by contacting us.
Help: For support, reply HELP to any SMS message or contact us at enrique@blueprintlocal.agency.
Rates: Message and data rates may apply. Message frequency varies.
Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.
Age Requirement: You must be 18 years or older to opt in to SMS communications.
Privacy: SMS opt-in information and consent will not be shared with third parties or affiliates for marketing purposes. For full details on how we handle your data, see our Privacy Policy and public SMS Consent page.
15. Contact Us
If you have questions about these Terms, please contact us:
- Business: Blueprinted Marketing LLC
- Website: https://blueprintedmarketing.co/
- Email: enrique@blueprintlocal.agency
- Phone: +1 (951) 467-5971
- Representative: Enrique Martinez
- Location: Southern California