Terms and Conditions | Inspired Marketing & Design

Thank you for partnering with Inspired Marketing & Design ("IMD," "we," "our," "us"). These Terms & Conditions ("Terms") explain how we operate and what both parties can expect. They are referenced on every invoice and service agreement we issue. Submitting payment or otherwise engaging our services means you have read, understood, and agree to be bound by these Terms.

1. Agreement to Terms

Payment of any IMD invoice, signature on a proposal, or use of IMD-provided services constitutes acceptance of, and agreement to, these Terms.

2. Scope of Services

By engaging IMD for any service, including but not limited to marketing strategy, website design and development, search engine optimization (SEO), AI and answer engine optimization (AEO), Google and social media advertising, video production, social media management, Google Business Profile optimization, reporting and analytics dashboards, website hosting and maintenance, and automation workflows, you authorize IMD to access, create, and manage the associated third-party accounts and platforms needed to deliver those services.

We may suggest or implement complimentary improvements that benefit your objectives. These enhancements do not expand the paid scope or transfer ownership unless separately agreed upon in writing.

3. Intellectual Property & Ownership

General Rule: All work produced within your paid service plan belongs to you. This includes website code, written content, blog posts, ad copy, video footage, graphic design assets, logos, photography, social media creatives, and custom integrations. Ownership transfers upon payment in full.

a. Paid Work

All deliverables created as part of your active service agreement are client-owned once payment clears.
This includes advertising accounts, campaigns, creatives, websites, videos, written content, and design assets.
If a setup fee is explicitly waived, ownership still transfers to you as though payment was made.

b. Complimentary or Bonus Work

On occasion, IMD may produce work outside of your paid service plan as a courtesy, such as building a website, creating additional videos, or setting up campaigns at no charge to help you during a difficult period.
In these cases, IMD retains ownership of those assets until payment is made at a later date or until both parties agree (verbally or in writing) that the work is complimentary and ownership has transferred.
This is rare and handled on a case-by-case basis with transparency and good faith.

c. Bundled Websites

If a website is provided as part of a monthly package at no up-front cost, IMD retains ownership of the site until you either purchase it separately or the terms of your agreement specify otherwise.
Should you cancel that package, we will work with you on a transition plan (see Section 9: Hosting & Website Transition).

4. Payment & Billing

All fees are presented for approval before work begins.
Recurring plans require an active payment method for automatic billing.
Failed charges may pause services until the balance is resolved.
Cancellation of recurring services requires 30 days' written notice.
Late balances may incur the lesser of 1.5% per month or the maximum allowed by law.

We do not require long-term contracts. Our relationships are built on trust, results, and mutual respect. You are free to cancel at any time with 30 days' notice, and we will ensure a smooth transition.

Refunds

Refund requests are handled on a case-by-case basis. If you feel that services were not delivered as agreed, please reach out to us directly. We are committed to finding a fair resolution and will work with you in good faith to address any concerns.

5. Recommended Engagement Period

Marketing is a long-term investment. We recommend that new clients allow at least six (6) months for strategies to mature, data to accumulate, and results to compound. This is not a contractual obligation, but rather our professional recommendation based on experience. The best outcomes come from sustained, consistent effort over time.

6. Third-Party Platforms & Accounts

Delivering our services often requires us to create, access, or manage accounts on third-party platforms (Google Ads, Meta Business Suite, Google Analytics, Google Search Console, Google Business Profile, TikTok, LinkedIn, hosting providers, CRM systems, and others).

Account Ownership: Wherever possible, accounts are created under your name and email. You retain ownership of all third-party accounts associated with your business.
Platform Fees: Any advertising spend, software subscriptions, or third-party platform fees are your responsibility unless explicitly included in your service plan.
Platform Changes: IMD is not liable for changes to third-party platform policies, pricing, algorithms, or availability. We will adapt strategies as needed but cannot guarantee outcomes affected by external platform decisions.
On Termination: Upon cancellation, we will remove our administrative access from your accounts and provide any necessary handoff documentation. Your accounts remain yours.

7. Communication Consent (SMS, Email & Calls)

By providing contact information to IMD via any contact form, lead ad, verbal confirmation, or service agreement, you expressly consent to receive transactional updates and limited promotional messages. Standard carrier message and data rates may apply.

You may opt out at any time by texting STOP to any IMD SMS or by emailing info@inspiredmarketing.design with "Unsubscribe" in the subject line.

8. Confidentiality & Data Security

We treat all proprietary or sensitive information with the utmost care. Client data is used only to fulfill your projects and will not be disclosed outside of IMD except as required by law.

All work is performed by our in-house team. We do not outsource client work to subcontractors or freelancers.

We implement reasonable security measures to protect your data. In the unlikely event of a data breach that affects your information, we will notify you promptly and take immediate steps to mitigate any impact.

9. Hosting & Website Transition

For clients on our hosting and maintenance plans:

Backups: We maintain daily backups of your website with a 30-day rolling retention period.
Domain Ownership: Your domain is always yours. We have no interest in holding domains and will assist with any transfer needed.
On Cancellation: You will receive a 30-day grace period to transfer your website to a new hosting provider. If you need assistance with the transfer, we are happy to help for a reasonable fee.
File Delivery: If you are unable to arrange a transfer within the grace period, we will package your website files and deliver them to you so you are never left without access to your own site.
Extensions: If you need additional time beyond the 30-day grace period, just let us know. We are flexible and will work with you.

We do not hold websites hostage. Our goal is to make any transition as smooth as possible, even when a client is moving on.

10. Client Responsibilities

To keep projects on schedule and ensure the best results, you agree to:

Provide timely access to content, brand assets, credentials, and approvals
Review deliverables promptly and supply clear feedback
Ensure that any content or assets you provide do not infringe on third-party rights
Maintain accurate billing information and communicate any changes

Delays in providing assets or feedback may extend project timelines. Significant delays (30+ days without response) may result in project pausing until communication resumes.

11. Portfolio & Case Study Rights

Unless you notify us otherwise, IMD reserves the right to display work completed for you in our portfolio, website galleries, case studies, and marketing materials. This may include screenshots, performance metrics, your business name, and logo.

If you prefer that your work not be featured, simply let us know in writing and we will honor that request. You may also request removal of previously published materials at any time.

12. Performance Disclaimer

Marketing outcomes depend on many external factors including market conditions, competition, seasonality, and platform algorithms. While we use industry best practices and are committed to delivering measurable results, specific outcomes cannot be guaranteed. Past performance and case study results are not a guarantee of future results.

13. Limitation of Liability

IMD's total aggregate liability under these Terms is limited to the fees you paid to IMD in the twelve (12) months preceding the claim. IMD is not liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost data, or business interruption.

14. Indemnification

You agree to indemnify and hold IMD (and its employees, owners, and team members) harmless from any third-party claims, damages, or expenses arising from content or assets you supplied, your violation of any law or regulation, or your breach of these Terms.

15. Non-Solicitation

During the term of our engagement and for twelve (12) months following termination, you agree not to directly solicit, recruit, or hire any IMD employee or team member for employment or contract work without prior written consent from IMD.

16. Termination

Either party may terminate services with 30 days' written notice. Upon termination:

Outstanding balances become immediately due.
We will provide all client-owned assets and deliverables.
Administrative access to your third-party accounts will be removed.
Hosting transition procedures (Section 9) will apply if applicable.

We believe in earning your business every month. If it is not working, we would rather part ways respectfully than hold anyone to terms that no longer serve them.

17. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, such as natural disasters, acts of war, government action, pandemics, or widespread internet or infrastructure outages.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law principles.

In the event of a dispute, both parties agree to first attempt resolution through good-faith discussion. If a resolution cannot be reached within thirty (30) days, either party may pursue mediation before initiating formal legal proceedings. Any litigation shall be resolved in the state or federal courts located in Maricopa County, Arizona.

19. Modifications

We may update these Terms from time to time. The "Last Updated" date above will change accordingly. Continued use of IMD services after an update constitutes acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify active clients.

20. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in full force and effect.

21. Entire Agreement

These Terms, together with any signed proposals, service agreements, or addenda, represent the entire agreement between you and IMD and supersede all prior discussions, representations, or agreements, whether written or verbal.

Questions about these Terms? Contact us at info@inspiredmarketing.design or call (480) 799-7045.