Terms of Service

Last Updated: January 31, 2025

Welcome to Visionary Marketing Services™ LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website and services. By using our website or hiring our services, you ("Client," "you," or "your") agree to these Terms.

1. About Our Company

Visionary Marketing Services™ LLC is a Florida limited liability company providing digital marketing services exclusively to businesses located in Florida. If you're accepting these Terms on behalf of a business, you confirm you have the authority to do so.

You must be at least 18 years old and legally able to enter into contracts to use our services.

2. Our Services

What We Offer

We provide digital marketing services including:

• Marketing strategy and campaign planning
• Content creation and copywriting
• Email marketing campaigns
• Social media management
• SEO and online advertising
• Analytics and performance reporting
• Marketing automation setup

AI-Assisted Services

We use artificial intelligence tools (like OpenAI/GPT) to help create content and analyze data. Important points about our AI usage:

• All AI-generated content is reviewed and approved by our team before delivery
• AI outputs are for informational purposes and not guaranteed to be error-free
• You should review all AI-assisted work before using it in your business
• AI-generated content is not professional advice (legal, financial, medical, etc.)

Service Agreements

Each project will have a separate agreement (proposal, contract, or statement of work) that includes specific details about deliverables, timelines, and pricing. These Terms apply to all our services.

3. Your Responsibilities

As our client, you agree to:

• Provide accurate information and materials needed for your project
• Respond to our requests for feedback and approvals in a timely manner
• Ensure all content you provide is legal and doesn't violate anyone's rights
• Pay invoices according to the agreed terms
• Use our services and deliverables legally and ethically
• Comply with email marketing laws (CAN-SPAM) if using our email services

4. Pricing and Payments

How We Charge

Our pricing may be structured as:

• Fixed project fees
• Hourly rates
• Monthly retainers
• Performance-based fees

Specific pricing will be outlined in your service agreement.

Payment Terms

Unless otherwise agreed:

• Project Work: 50% deposit required, balance due upon completion
• Retainers: Paid monthly in advance
• Hourly Work: Invoiced bi-weekly or monthly
• Payment Due: Net 30 days from invoice date

Late Payments

Late payments may incur a 1.5% monthly service charge (or the maximum allowed by Florida law, whichever is less). We may suspend services for accounts more than 30 days overdue.

Taxes

You're responsible for any applicable sales tax, use tax, or other taxes related to our services, except for taxes on our income.

5. Refund Policy

Due to the custom nature of our marketing services, all payments are generally non-refundable once work has begun. However:

• Project Cancellation: If you cancel before we start work, you may receive a refund minus a 20% administrative fee
• Service Issues: If we fail to deliver agreed-upon services, we'll work with you to resolve the issue or provide appropriate compensation
• Digital Products: Due to their instant-access nature, digital products and templates are non-refundable

Refund requests must be made in writing within 30 days of the issue. Each situation will be reviewed individually.

6. Intellectual Property

Your Content

You keep ownership of all materials you provide to us. You give us permission to use these materials only for providing your services.

Our Work Product

Once you've paid in full, you own the final deliverables we create specifically for you. However:

• We retain rights to our general methods, processes, and know-how
• We may display your work in our portfolio unless you opt out in writing
• Draft work and unused concepts remain our property

Third-Party Content

If we use stock photos, fonts, or other licensed content in your project, you'll need to respect the licensing terms. We'll inform you of any ongoing license requirements.

7. Confidentiality

We'll keep your business information confidential and only use it to provide your services. This obligation continues for 3 years after our work together ends.

You agree to keep our business methods and any confidential information we share with you private as well.

8. Service Limitations and Disclaimers

No Guarantees

Marketing results depend on many factors outside our control, including market conditions, competition, and algorithm changes. We cannot guarantee specific outcomes like:

• Increased sales or revenue
• Specific website traffic numbers
• Social media follower growth
• Search engine rankings

AI Content Disclaimer

Content created with AI assistance is provided "as-is" and should be reviewed before use. We're not responsible for any issues arising from AI-generated content, including:

• Factual inaccuracies
• Unintended bias or inappropriate content
• Copyright or trademark issues
• Compliance with industry-specific regulations

Platform Dependencies

Our services may involve third-party platforms (social media, email providers, etc.). We're not responsible for changes to these platforms that affect your campaigns.

9. Limitation of Liability

Our total liability for any claim related to our services is limited to the amount you paid us for the specific services that caused the issue, up to a maximum of the total amount paid in the 6 months before the claim.

We're not liable for indirect damages like lost profits, business interruption, or damage to your reputation.

10. Indemnification

You agree to protect us from any legal claims arising from:

• Content or materials you provided
• Your violation of these Terms
• Your use of our services in ways that harm others
• Claims that your business or content violates someone else's rights

11. Ending Our Relationship

Termination by Either Party

Either of us can end our working relationship with 30 days' written notice. You'll pay for all work completed through the termination date.

Immediate Termination

We may terminate immediately if you:

• Fail to pay invoices after 30 days
• Violate these Terms
• Use our services for illegal purposes
• Become abusive or threatening to our team

What Happens After Termination

When our relationship ends:

• All outstanding invoices become due immediately
• We'll return or delete your confidential information as requested
• You keep rights to completed, paid-for deliverables
• Ongoing obligations (like confidentiality) continue

12. Dispute Resolution

If we have a disagreement, we'll try to resolve it through these steps:

Florida Law Governs

These Terms are governed by Florida state law. Any legal proceedings will take place in Hillsborough County, Florida. The winning party in any legal dispute may recover reasonable attorney fees.

13. Changes to These Terms

We may update these Terms from time to time. When we do:

• We'll post the new version on our website with an updated date
• For significant changes, we'll notify you by email at least 30 days in advance
• Continuing to use our services after changes means you accept the new Terms
• If you have an active service agreement, changes won't affect that specific project

14. General Provisions

Independent Contractors

We're independent contractors, not employees, partners, or agents of your business.

Entire Agreement

These Terms, along with your specific service agreement, represent our complete understanding. They replace any previous agreements or discussions.

Severability

If any part of these Terms is found to be unenforceable, the rest will still apply.

Force Majeure

We're not responsible for delays caused by events beyond our reasonable control, such as natural disasters, internet outages, or government actions.

Contact Information

If you have questions about these Terms or need to send us legal notices, contact us at:

Thank you for choosing Visionary Marketing Services™. We're committed to helping your Florida business succeed through effective digital marketing.