1. Agreement Structure
These Client Terms apply only when they are incorporated into, referenced by, or attached to a written service agreement, order form, statement of work, invoice, payment authorization, or similar client document with The Contractors Marketing.
The signed client document should identify the client-specific deal terms, including services, scope, pricing, media budget, technology fees, payment schedule, start date, minimum term, renewal, cancellation rights, and special terms.
Order of control: If a signed Service Agreement conflicts with these Client Terms, the Service Agreement controls for pricing, scope, media budget, contract term, deliverables, cancellation terms, and special client-specific terms. These Client Terms control general legal, operational, payment, compliance, platform, and ownership provisions unless the Service Agreement expressly says otherwise.
2. Definitions
| Term | Meaning |
|---|---|
| Client | The business or person purchasing services from The Contractors Marketing. |
| Service Agreement | Any signed agreement, order form, statement of work, invoice, payment authorization, or written scope document between Client and The Contractors Marketing. |
| Management Fee | The fee paid to The Contractors Marketing for strategy, management, optimization, reporting, creative direction, landing page work, CRM work, account management, or other services. |
| Media Spend / Ad Spend | Money paid or allocated to advertising platforms such as Google, Meta, Local Services Ads, or other media sources. |
| Technology Fees | Fees or pass-through costs for tools such as GoHighLevel, Landerlab, ClickFlare, Ringba, call tracking numbers, hosting, analytics, automation, reporting, or related software. |
| Deliverables | Specific final work product identified in the Service Agreement, such as campaigns, landing pages, reports, creative assets, tracking setup, or CRM workflows. |
3. Services
The Contractors Marketing may provide digital advertising, lead generation, website design, landing page, SEO, analytics, call tracking, CRM, reporting, and related contractor marketing services. Services may include work across Google Ads, Meta Ads, Local Services Ads, GoHighLevel, Landerlab, ClickFlare, Ringba, Stripe, and other third-party platforms.
The specific services included in a client engagement are only those listed in the applicable Service Agreement. Any service not listed is excluded unless both parties agree otherwise in writing.
The Contractors Marketing may use subcontractors, vendors, software platforms, automation tools, and third-party service providers to perform services.
4. Client Responsibilities
Client cooperation is required for effective performance. Client is responsible for providing accurate information and timely access, approvals, feedback, and materials.
- Providing accurate business information, service areas, licenses, insurance details, pricing context, offers, brand assets, photos, reviews, and service details.
- Maintaining required contractor licenses, insurance, legal authority, platform eligibility, and business verification.
- Providing access to advertising accounts, websites, domains, analytics, CRM, call tracking, calendars, payment methods, and other required systems.
- Reviewing and approving ads, landing pages, forms, tracking, automations, and campaign content when requested.
- Following up with leads, answering calls, updating lead outcomes, and communicating lead quality feedback.
- Ensuring any Client-supplied content, claims, testimonials, photos, trademarks, and materials are lawful, accurate, and authorized.
Delays caused by Client may delay launch, reporting, optimization, creative production, or other work. Client-caused delays do not waive payment obligations.
5. Advertising Accounts, Platform Access, and Credentials
The Contractors Marketing’s preferred operating model is client-owned or client-accessible accounts where commercially practical. This supports transparent spend, retained account history, cleaner transition, and better long-term control for the contractor.
- Client should maintain ownership or reasonable access to its Google Ads account, Meta Business assets, pixels/datasets, conversion actions, call tracking data, CRM records, landing page data, and reporting data where commercially practical.
- The Contractors Marketing may require manager, admin, partner, or user access to perform services.
- Client should not share personal passwords. Access should be granted through platform-supported user, manager, or partner permissions whenever available.
- If Client revokes access, fails verification, removes payment methods, restricts permissions, or causes platform access issues, The Contractors Marketing may be unable to perform services and may suspend work.
Some third-party tools may be configured inside The Contractors Marketing-controlled accounts, workspaces, subaccounts, snapshots, templates, or agency systems. The Service Agreement should identify which assets are transferable, exportable, client-owned, agency-owned, or subject to third-party platform limits.
6. Media Spend, Management Fees, Technology Fees, and Pass-Through Costs
Exact pricing belongs in the Service Agreement. The Contractors Marketing does not use these Client Terms to publish a universal public fee range or package price.
Unless the Service Agreement says otherwise, Management Fees are separate from Media Spend, Technology Fees, setup fees, creative fees, landing page fees, call tracking fees, CRM fees, website fees, and third-party pass-through costs.
Budget clarity: If a Service Agreement uses a phrase such as “monthly budget,” “marketing budget,” or “total monthly payment,” the agreement should state what portion is allocated to media spend, management fees, technology fees, and other costs.
Media Spend may be paid directly by Client through Client-owned advertising accounts or collected by The Contractors Marketing for remittance to advertising platforms, depending on the Service Agreement. If The Contractors Marketing collects funds for media spend or third-party costs, those amounts may be subject to platform billing timing, payment processing timing, minimums, failed charges, taxes, and reconciliation.
7. Billing, Payment Authorization, Late Payments, and Suspension
Client agrees to pay all fees, media spend, technology fees, platform charges, taxes, and other amounts described in the Service Agreement. Payments may be processed by Stripe or another third-party payment provider.
- Client authorizes The Contractors Marketing and/or its payment processor to charge the payment method on file according to the Service Agreement.
- Failed payments, expired cards, billing disputes, revoked payment methods, or unpaid invoices may result in paused campaigns, suspended services, delayed launch, or termination.
- Client remains responsible for platform charges, media spend, third-party costs, and fees incurred before suspension or termination.
- Chargebacks or payment disputes do not eliminate amounts owed for services performed, committed media spend, or third-party costs incurred.
Refunds, credits, cancellation rights, minimum terms, and renewal terms are governed by the Service Agreement.
8. Third-Party Platforms and Platform Risk
Advertising platforms, CRM platforms, landing page builders, tracking tools, payment processors, call tracking providers, analytics tools, domain providers, hosting providers, and other technology vendors are third-party services outside The Contractors Marketing’s control.
The Contractors Marketing is not responsible for third-party outages, rejected ads, disapproved ads, account suspensions, disabled accounts, verification failures, billing holds, policy changes, tracking interruptions, algorithm changes, rate limits, bugs, data delays, downtime, changes in functionality, or platform decisions, except to the extent caused by The Contractors Marketing’s gross negligence or willful misconduct.
9. Campaign Performance Disclaimer
The Contractors Marketing does not guarantee impressions, clicks, calls, leads, appointments, sales, revenue, return on ad spend, cost per lead, cost per acquisition, ranking, ad position, lead quality, close rate, account approval, or uninterrupted campaign delivery.
Performance depends on factors outside The Contractors Marketing’s control, including market demand, weather, seasonality, storms, competition, pricing, reputation, reviews, service area, offer strength, platform algorithms, landing page conversion, response speed, call handling, sales process, financing options, licensing, insurance, inventory, staffing, and Client follow-up.
10. Leads, Calls, SMS, Email, Automation, and Compliance
The Contractors Marketing may configure lead forms, call tracking, CRM stages, email templates, SMS templates, appointment reminders, voicemail drops, missed-call workflows, automations, reporting, and follow-up systems. Client is responsible for how Client uses those systems and communications.
- Client is responsible for complying with TCPA, CAN-SPAM, do-not-call rules, state telemarketing laws, call recording laws, data privacy laws, carrier requirements, platform rules, and all other applicable laws.
- Client is responsible for obtaining and maintaining required consent for calls, texts, emails, automated messages, call recording, and marketing communications.
- The Contractors Marketing may provide templates, suggested language, workflows, or technical setup, but does not guarantee that any template, consent language, workflow, or message is legally sufficient for Client’s jurisdiction, industry, or use case.
- Client is responsible for lead follow-up, sales conversations, appointment setting, estimates, contracts, installation work, customer service, and final business outcomes.
Call recordings, transcripts, lead notes, and message records may be subject to legal restrictions. Client should consult its own legal counsel before recording calls or using automated marketing communications.
11. Data, Reporting, and Account Ownership
Client should retain reasonable access to client-owned advertising data, CRM records, call tracking data, landing page lead data, and reporting data where commercially practical and permitted by third-party platforms.
The Contractors Marketing may maintain internal records, dashboards, reports, campaign notes, optimization logs, call-quality notes, and analytics for service delivery, quality control, billing, dispute resolution, and business operations.
Upon written request and payment of all outstanding amounts, The Contractors Marketing will provide commercially reasonable assistance to export available client-owned data from applicable systems. Exportability may be limited by third-party platforms, account ownership structure, privacy restrictions, data retention settings, and technical limitations.
12. Creative, Landing Pages, Deliverables, and Intellectual Property
Unless the Service Agreement says otherwise, Client owns final, custom deliverables created specifically for Client after all amounts owed are paid in full, excluding The Contractors Marketing’s pre-existing materials and third-party materials.
The Contractors Marketing retains ownership of pre-existing materials, templates, systems, frameworks, campaign structures, naming conventions, processes, workflows, snapshots, landing page frameworks, software configurations, automations, documentation, know-how, non-client-specific materials, and internal tools.
Client grants The Contractors Marketing a license to use Client’s name, logo, marks, photos, videos, reviews, testimonials, website content, business information, and other materials as needed to provide services. Client represents that it has the right to provide those materials.
Third-party stock assets, fonts, software, plugins, templates, tracking tools, and platform materials are subject to their own license terms and may not be transferable.
13. Confidentiality
Each party may receive non-public business, technical, financial, customer, lead, campaign, account, pricing, or operational information from the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the services.
Confidential information does not include information that is publicly available, independently developed, rightfully received from another source, or required to be disclosed by law.
14. Termination, Suspension, and Transition
Term, renewal, notice requirements, cancellation rights, and early termination fees are governed by the Service Agreement. If the Service Agreement does not state a different rule, either party may terminate ongoing month-to-month services with written notice, but Client remains responsible for amounts incurred through the effective termination date.
The Contractors Marketing may suspend or terminate services for nonpayment, failed payment authorization, chargeback, revoked account access, platform restriction, Client breach, unlawful content, unsafe communications, reputational risk, or inability to perform due to Client-caused issues.
Upon termination, Client remains responsible for all unpaid fees, media spend, technology fees, pass-through costs, third-party charges, and approved work incurred before the termination effective date. Transition assistance, account migration, data export, landing page transfer, or workflow transfer may require all balances to be paid and may be billed separately unless included in the Service Agreement.
15. Indemnification
Client agrees to defend, indemnify, and hold harmless The Contractors Marketing from claims, damages, penalties, losses, liabilities, and expenses arising from Client’s business operations, Client-supplied materials, Client instructions, Client products or services, false or misleading claims, license or insurance issues, privacy or communications compliance, call recording, SMS/email/call practices, platform violations, customer disputes, or Client’s breach of these Client Terms or the Service Agreement.
16. Limitation of Liability
To the fullest extent permitted by law, The Contractors Marketing will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunity, lost data, reputational harm, platform downtime, account suspension, or marketing performance outcomes.
Unless the Service Agreement states a different cap, The Contractors Marketing’s aggregate liability related to the services is limited to the fees paid to The Contractors Marketing for the affected services during the three months before the event giving rise to the claim, excluding media spend, platform charges, taxes, and third-party pass-through costs.
17. Governing Law and Disputes
Unless the Service Agreement says otherwise, these Client Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. The parties agree to attempt in good faith to resolve disputes informally before filing a legal claim.
Any venue, arbitration, mediation, attorneys’ fees, or dispute process terms in the Service Agreement control over this section.
18. Updates to Client Terms
The Contractors Marketing may update these Client Terms from time to time. The version incorporated into the applicable Service Agreement will govern unless the Service Agreement permits updated online terms to apply.
Material changes to these Client Terms should not modify pricing, scope, term, or client-specific obligations in an active signed Service Agreement unless agreed in writing or permitted by that Service Agreement.
19. Contact Information
Questions about these Client Terms can be directed to The Contractors Marketing.
- Phone: +1 (425) 537-4975
- Email: info@thecontractorsmarketing.com
- Website: https://thecontractorsmarketing.com