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.

Where you have signed a proposal, engagement letter, or statement of work with us, that document controls the specific scope, pricing, and term of your engagement. These Terms cover everything that document does not.

2. Services Provided

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

Website design and development
Website hosting and domain management
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. How We Communicate

To keep both sides protected, the following only take effect when they are in writing (email or written message is fine):

Approvals of content, creative, or deliverables.
Requests for work outside your agreed scope.
Changes to scope, pricing, or schedule.
Notice of cancellation or termination.
Concerns about our performance (see the section on raising concerns below).

Verbal conversations are welcome and often faster, but we will confirm anything that changes your scope or your bill in writing before acting on it. If it is not in writing, it is not agreed.

4. 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.

5. 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.

Where a deliverable depends on something from you (approval, assets, access, availability, or a scheduled shoot date), the timeline for that deliverable pauses until we receive it.

6. Scope of Work & Change Orders

Your scope is what is written in your signed proposal, engagement letter, or plan description. For ongoing engagements, scope is expressed as specific quantities per month (for example, a set number of posts, platforms, campaigns, or hours).

Work outside your written scope requires written approval from you and is billed in addition to your existing fees, at our applicable rates.
We will tell you when a request falls outside scope before we do the work, along with what it costs. We will not perform additional billable work without your approval.
We do not begin out-of-scope work on a verbal request alone.
Where requests consistently exceed the agreed scope, we will ask to revisit the scope and pricing rather than absorb the difference indefinitely. If we cannot reach an agreement, either party may end the engagement under the cancellation terms below.
Significant changes to a project (adding features, pages, platforms, or services not in the original agreement) may require a revised proposal with adjusted pricing and timelines.

7. 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.

8. 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.

We review our rates annually. Long-running engagements are reviewed against the current scope and current market rates, and may be adjusted with the same 30 days written notice. This is how we keep long-term relationships sustainable rather than quietly letting them fall out of line with the work involved.

9. 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.
If you direct us to stop services immediately rather than serving the notice period, we will do so. Choosing immediate termination waives the notice period but does not waive amounts owed for work already performed.
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 suspend services immediately for non-payment, or for abusive conduct toward our team.
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.
We may terminate with 30 days written notice for any other reason.

10. What Happens When Services End

However an engagement ends, the following applies:

Services stop. All work in progress ceases as of the termination date, including posting, campaign management, content production, and maintenance.
Hosting ends with the engagement. See the hosting section below.
Advertising campaigns are paused, not deleted. We will pause active campaigns and leave the campaign structure and performance history in place. Where campaigns run in an account you own, they remain yours.
Access is removed in both directions. We remove our access from your accounts, and we remove you from ours.
Credentials are returned for any account created on your behalf that belongs to you, delivered securely.
Final invoice covers work performed through the termination date, plus any cancellation fee that applies.
Handover of the materials you own is available on request, subject to the retention schedule below.

11. Website Hosting & Domains

Hosting is a service, not a permanent arrangement, and it is tied to an active engagement with us.

Where hosting is included in a plan or retainer, it is a component of that plan. It ends when the plan or retainer ends, including where you have asked us to stop all services immediately.
We have no obligation to host, serve, or maintain a website after an engagement ends, and no obligation to continue hosting free of charge.
We may suspend hosting for non-payment.
Arranging replacement hosting is your responsibility. We will provide a complete export of your website files on request within the retention window described below.
If you would like us to handle the migration to a new host for you, we offer that as a paid one-time service. Ask us for current pricing.
Domains. Where a domain is registered in your own account, you retain full control of it at all times and simply need to point it at your new host. Where we registered a domain on your behalf, we will transfer it to a registrar account of your choosing at no charge on written request. We do not hold domains against unpaid balances.
Uptime commitments, backup schedules, and SSL coverage described in our service listings apply only while hosting is active under a current engagement.

12. Data Retention & Deletion

So that everyone knows where they stand, we apply the same retention schedule to every client:

30 days from the termination date to request your handover package. We will assemble and deliver it within a reasonable time of your request.
90 days from the termination date, your materials are moved to cold archive.
After 90 days, we may permanently delete project files, raw footage, working files, exports, and account data associated with your engagement.

We are not obligated to retain anything beyond this schedule. If you need materials preserved longer, tell us in writing before the 90 days elapse and we will arrange it. We may retain records we are required to keep for tax, accounting, or legal purposes, and we may retain finished work covered by the portfolio section below.

13. 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.

14. Turnaround Times & Delivery

Standard turnaround for deliverables varies by project scope and complexity. Estimated timelines are provided at the start of each engagement.
Estimated timelines are estimates, not guaranteed delivery dates, unless a specific date is stated in writing in your signed agreement.
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.

15. Revisions

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).

16. 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, conversions, sales, followers, or audience growth from any campaign.
We do not offer refunds for SEO, PPC, social media, email marketing, or any digital marketing campaigns.

17. Retainer Clients

If you are on a monthly retainer, your agreement specifies the deliverables and 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 or requested deliverables, we may reduce upcoming hours, bill overages at the applicable hourly rate, or ask to revisit the scope and pricing.

Retainers renew monthly unless a longer term is stated in your agreement, and are subject to the annual rate review described above.

18. Ownership of Work

All advertising artwork and copy representing the creative effort of the Agency remains our property, including all copyrights, until full payment is received. Once final approval is given and full payment has been received, ownership divides as follows.

What you own

Final approved deliverables: logos, website content, social media content, published posts, and delivered ad creative.
Final exported video and photo deliverables.
Your own brand assets, trademarks, and materials you provided to us.
Content published to accounts you own.

You may reuse, share, and reproduce anything in this list freely.

What we own

Raw, unused, and outtake footage and photography.
Project and working files, including editing project files, layered design files, and source assets.
Our internal templates, frameworks, processes, and proprietary code.
Our hosting infrastructure and any tooling we built to deliver the work.
Concepts and drafts that were not selected, approved, and paid for.

Raw footage and working files may be released to you for a separate fee. Ask us for a quote. We do not withhold anything you own against an unpaid balance beyond what these Terms expressly allow.

19. Portfolio & Publicity

Unless we agree otherwise in writing, we may display completed work in our portfolio, case studies, website, social media, and new business materials, including your name, logo, and the results achieved. If you would like your work removed from our marketing, tell us in writing and we will remove it within a reasonable time. Neither party will make public statements disparaging the other.

20. 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.

21. Raising a Concern About Our Work

If you believe we are not delivering what was agreed, tell us in writing and describe specifically what is missing or late. We have 15 days from that written notice to fix it. This step comes before either of us treats the issue as a breach of the agreement or a basis for termination for cause.

We would rather fix a problem than lose a client over one, and this gives us the chance to. It also means neither of us ends up arguing later about whether a concern was ever actually raised.

22. 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, loss of business opportunity, or losses resulting from disclosure of user content. Our total liability is limited to the amount paid for the specific service in question during the three months preceding the claim. 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.

23. 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.

24. Excusable Delays

We are not liable for delays or failure to perform due to causes beyond our control, including fire, flood, earthquake or other natural disaster, strike, war, epidemic, government action, equipment or platform failure, internet or power outages, loss of access to a third-party platform, travel disruption, serious illness, or other acts of God. Where such an event affects a scheduled deliverable, the timeline extends by the length of the disruption. You may terminate the agreement if suspension lasts more than 30 days.

25. 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.

26. 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 version number and effective date. Continued use of our services or website after changes are posted constitutes acceptance of the revised Terms. Where you signed an agreement referencing a specific version of these Terms, that version governs your engagement until you agree to a newer one.

27. 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 (version 2026-08, effective August 15, 2026).