1. Overview

These Terms of Service ("Terms") govern all services provided by Creative Quality Marketing, LLC ("Agency," "we," "us," "our"), located at 320 Robinson Ave, Suite 212, Newburgh, NY 12550, and the use of our website at creativequalitymarketing.com. By engaging our services, using our website, or submitting information through our tools and forms, you ("Client," "you") agree to these Terms in full.

2. Services Provided

Creative Quality Marketing offers a full range of digital marketing services, including but not limited to:

Website design and development
Search engine optimization (SEO)
Paid advertising (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads)
Social media management and content creation
Email marketing and automation
Video production and podcast recording (via Hudson Valley Podcasting)
AI integration and automation
Brand strategy and consulting
Marketing assessments, ROI calculators, and proposal building tools

We submit information on your behalf to social media sites, search engines, and advertising platforms. The terms and conditions of those third-party providers (including but not limited to Google, Meta, Instagram, LinkedIn, TikTok, YouTube, Yelp, and Apple) all apply.

3. Advertising Material & Content

You authorize Creative Quality Marketing to develop content based on information or materials you provide, including copy, graphics, logos, trade names, trademarks, photographs, and videos. You represent that all materials and information you provide are truthful, not misleading, and that you have the authority to share them with us.

Articles, press releases, and blog postings will be sent for approval before publishing. Content will be considered approved one week after it was sent for review unless you provide edits or other communication.

4. Client Responsibilities

Provide timely assistance, information, feedback, and decisions to facilitate marketing efforts.
Ensure the accuracy of all information provided to us.
Provide necessary login credentials for social media, analytics, hosting, domains, and other third-party accounts needed for us to perform services.
Arrive on time to scheduled sessions. Late arrivals may result in a shortened session without adjustment to pricing.
Provide required materials and assets in a timely manner. Delays may affect project timelines.

5. Payment

Payment is due at the time of booking or on the first of each month for ongoing services, unless otherwise arranged.
Payment is processed via ACH or credit card.
Interest will accrue at the rate of 18% per annum for any late payment.
In addition to amounts owed, you agree to pay all expenses incurred by us to collect unpaid amounts, including court costs and attorney's fees.
All prices are subject to change. The price at the time of your booking or agreement is the price you will be charged.
Cost for digital media advertising (ad spend) is additional and paid directly to the third-party provider.

6. Rates & Changes

We may increase rates, modify offerings, or change terms at our discretion. We will provide 30 days written notice before any change that impacts your agreement. You may cancel the remainder of your term if rates increase, provided you notify us in writing at least 10 days before the change takes effect.

7. Cancellation & Termination

You may cancel services with 30 days written notice, provided all outstanding invoices are paid immediately, along with a cancellation fee equal to one month's service fees.
Cancellations made more than 48 hours before a scheduled session may be rescheduled at no additional charge.
Cancellations within 48 hours of a session may be subject to a cancellation fee.
No-shows will be charged the full session rate.
We may terminate the agreement immediately if you fail to make payment, fail to perform under the agreement, file for bankruptcy, or cease doing business.

8. Refund Policy

All services are non-refundable once production work has begun or deliverables have been provided. We invest significant time, labor, and resources into every project. Once work has been applied to your project, we are unable to offer refunds. This applies to completed sessions, content in production, websites delivered, marketing campaigns launched, and any custom work performed on your behalf.

9. Turnaround Times & Delivery

Standard turnaround for deliverables varies by project scope and complexity. Estimated timelines are provided at the start of each engagement.
Rush delivery is available for an additional fee. Contact us for pricing.
Turnaround times are subject to change based on project complexity, number of client-requested revisions, current production volume, and availability of required assets from you.
We will communicate any expected delays and keep you informed throughout the production process.

10. Revisions & Scope Changes

Each project includes a reasonable number of revision rounds as specified in your agreement or proposal.
Additional revisions beyond the included rounds may be billed at our applicable hourly rate.
Revision requests must be clearly communicated in writing (email or message).
Significant changes to the original scope of work (adding features, pages, platforms, or services not in the original agreement) may require a revised proposal with adjusted pricing and timelines.
We will always discuss scope changes with you before proceeding and will not bill for additional work without your approval.

11. SEO & Digital Marketing Disclaimers

We have no control over search engine ranking algorithms or their policies.
We do not guarantee specific rankings, positions, or placement for any keyword or search term.
Rankings can fluctuate due to algorithm changes, competitor activity, or other factors outside our control.
New websites may take longer to rank than established sites.
Search engines may drop or exclude listings at any time for any reason.
Past performance is not indicative of future results.
We do not guarantee a specific number of calls, clicks, impressions, leads, or conversions from any campaign.
We do not offer refunds for SEO, PPC, social media, email marketing, or any digital marketing campaigns.

12. Retainer Clients

If you are on a monthly retainer, your agreement specifies the maximum monthly hours allotted. Unused hours may roll forward only to the next month; if not used in the following month, they are forfeited. If you exceed your monthly hours, we may reduce upcoming hours or bill overages at the applicable hourly rate.

13. Intellectual Property

All advertising artwork and copy representing the creative effort of the Agency remains our property, including all copyrights, until full payment is received. All logos, website content, and social media content are considered owned by the Client once final approval is given and full payment has been received, at which point you may reuse, share, and reproduce the content.

14. Website Usage

All content on creativequalitymarketing.com is owned by Creative Quality Marketing, LLC unless otherwise stated.
You may not republish, sell, rent, sublicense, reproduce, or redistribute content from our website without permission.
We employ cookies to enable website functionality. By using our site, you agree to our use of cookies as described in our Privacy Policy.
Interactive tools on our website (marketing assessment, ROI calculator, proposal builder) collect information as described in our Privacy Policy.

15. Limitation of Liability

Creative Quality Marketing is not liable for any indirect, incidental, special, or consequential damages arising from the use of our services, including but not limited to loss of use, loss of profits, loss of data, or losses resulting from disclosure of user content. Our total liability is limited to the amount paid for the specific service in question. We are not responsible for the performance, reach, or success of any marketing campaign or content produced, as results depend on many factors outside our control.

16. Indemnification

You agree to indemnify and hold harmless Creative Quality Marketing, its owners, and employees from all claims, damages, liabilities, and expenses arising from our use of materials you provide (including logos, content, photographs, video, and intellectual property). You warrant that any business ideas, concepts, or innovations you present to us are compliant with applicable laws.

17. Excusable Delays

We are not liable for delays or failure to perform due to causes beyond our control, including fire, strike, government action, equipment failure, power outages, or acts of God. You may terminate the agreement if suspension lasts more than 30 days.

18. Governing Law

This agreement is governed by the laws of the State of New York. The venue for any action arising from this agreement will be Orange County, New York.

19. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be reflected on this page with an updated date. Continued use of our services or website after changes are posted constitutes acceptance of the revised Terms.

20. Contact

If you have questions about these Terms, please contact us:

Email: cesar@creativequalitymarketing.com
Phone: (845) 978-9617
Address: 320 Robinson Ave, Suite 212, Newburgh, NY 12550

By engaging our services, using our website, or submitting information through our forms and tools, you acknowledge that you have read, understood, and agree to these Terms of Service.