Terms of Service

Services Overview

Max Out Creative provides digital marketing services including but not limited to:

• Website design and development
• Search engine optimization (SEO)
• Pay-per-click advertising management (Google Ads, Meta Ads)
• Social media marketing and management
• Content marketing and creation
• CRM implementation and management
• Lead generation and nurturing services
• Marketing strategy and consulting

Service Agreements

Contract Terms

• Services are provided under individual service agreements that specify scope, timeline, and pricing
• Monthly retainer agreements require 30-day written notice for cancellation
• Project-based work is governed by specific project agreements
• All agreements must be signed by authorized representatives

Payment Terms

• Monthly retainers are due on the first of each month
• Project fees are due according to the payment schedule in your agreement
• Late payments may incur a 1.5% monthly service charge
• Services may be suspended for accounts more than 30 days past due
• All fees are non-refundable unless otherwise specified in writing

Client Responsibilities

To ensure successful service delivery, clients agree to:

• Provide accurate and complete information about their business
• Grant necessary access to websites, social media accounts, and advertising platforms
• Respond to requests for information and feedback in a timely manner
• Review and approve deliverables within agreed timeframes
• Comply with all applicable laws and regulations in their industry
• Maintain current payment information and pay invoices on time

Intellectual Property

Client Content

Clients retain ownership of their existing intellectual property, including:

• Business names, trademarks, and logos
• Existing content and materials provided to us
• Customer lists and proprietary business information

Work Product

Upon full payment, clients receive ownership of:

• Custom website designs and code developed specifically for the client
• Original content created for the client's marketing campaigns
• Custom graphics and visual assets created for the client

Max Out Creative retains ownership of our proprietary methodologies, templates, and general marketing strategies.

Performance and Results

No Guarantee of Results

• We cannot guarantee specific results, rankings, or revenue increases
• Marketing performance depends on market conditions, competition, and client factors
• Past performance does not guarantee future results
• We provide best-effort services based on industry best practices

Reporting and Analytics

• We provide regular reporting on campaign performance and key metrics
• Reports are based on data from third-party platforms (Google, Facebook, etc.)
• We are not responsible for inaccuracies in third-party data

Confidentiality

Both parties agree to maintain confidentiality regarding:

• Proprietary business information and trade secrets
• Customer lists and contact information
• Financial information and business performance data
• Marketing strategies and campaign details
• Any information marked as confidential

This confidentiality obligation survives termination of our service agreement.

Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid for services in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for losses due to third-party platform changes or outages
• Clients are responsible for backing up their own data and content
• We are not liable for results or performance of marketing campaigns

Third-Party Services

Our services may involve third-party platforms and tools, including:

• Google Ads, Google Analytics, and other Google services
• Facebook, Instagram, and other Meta platforms
• CRM and email marketing platforms
• Website hosting and domain services
• Analytics and tracking tools

These services are subject to their own terms and conditions. We are not responsible for changes to third-party services or their terms.

Termination

By Client

• Monthly services require 30-day written notice
• Project work cannot be cancelled once begun without payment for work completed
• No refunds for services already provided

By Max Out Creative

• We may terminate services for non-payment after 30 days
• We may terminate immediately for breach of terms or illegal activity
• We may terminate with 30-day notice for any reason

Compliance and Legal

Industry Compliance

Clients in regulated industries (healthcare, finance, legal, etc.) are responsible for ensuring all marketing materials comply with industry regulations including but not limited to:

• HIPAA (healthcare)
• FINRA regulations (financial services)
• State bar regulations (legal services)
• Insurance commission regulations

Governing Law

These terms are governed by the laws of the State of Florida. Any disputes will be resolved in the courts of Polk County, Florida.

Website Use

Acceptable Use

When using our website, you agree not to:

• Use the site for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the website
• Submit false or misleading information
• Violate any applicable laws or regulations

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Continued use of our services after changes constitutes acceptance of the new terms. For material changes, we will provide reasonable notice to existing clients.

Contact Information

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