PLATINUM SERVICE AGREEMENT
OVERVIEW
1. SERVICES
1.1 Scope of Work
The Service Provider shall provide digital marketing services (the "Services") as outlined in the selected plan(s) below. The Client shall indicate their selected service(s) by checking the appropriate box(es):
Platinum Service Plan (12-Month Contract)
☐ Platinum Plan (Full Digital Growth) – $3,195/month
A one-time setup and onboarding fee of $395 applies to all digital marketing plans.
- Paid advertising funds are not included in the plan pricing and are the sole responsibility of the Client. The Service Provider is not responsible for funding ads, and any delay in ad payments may result in delays to the campaign schedule or overall project timeline.
- If the Client uses any third-party tools or software for the Digital Marketing Services, the Client is responsible for all associated costs, subscriptions, and renewals.
1.2 Description of Services
The Services may include, but are not limited to:
Social Media Management
- Strategic Content Planning – Develop and maintain a content strategy aligned with the Client’s brand identity, incorporating engaging posts, relevant hashtags, and seasonal or campaign-based themes.
- Content Publishing – Create, schedule, and publish posts across the Client’s designated social media platforms, ensuring optimal posting times and adherence to brand guidelines.
- Advertising Campaign Management – Plan, create, launch, and optimize paid social media advertising campaigns, including budget allocation, targeting, and performance enhancement.
- Retargeting Ads – Implement retargeting strategies to re-engage users who have previously shown interest in the Client’s products or services.
- Pixel Tracking – Install and monitor tracking pixels to assess campaign performance and improve targeting accuracy.
- Monthly Strategy & Reporting – Conduct two strategy sessions per month, prepare and deliver detailed monthly performance reports, including key metrics, campaign analysis, and actionable recommendations.
Search Engine Optimization (SEO)
- Technical Audits – Conduct in-depth audits of the Client’s website to identify technical issues affecting search engine performance, including site speed, mobile responsiveness, crawl errors, broken links, and indexing problems.
- Keyword Analysis – Perform thorough research and analysis to identify high-value keywords relevant to the Client’s industry, target audience, and competitive landscape. This includes keyword mapping and prioritization for content and optimization strategies.
- On-Page Optimization – Optimize website elements such as meta titles, meta descriptions, header tags, image alt attributes, internal linking, and URL structures to enhance search engine relevance and user experience.
Local SEO – Optimize the Client’s online presence for local search, including Google Business Profile management, local citations, reviews, and location-specific keyword targeting to drive foot traffic and local conversions. - Off-Page Optimization – Develop and implement strategies to improve the website’s authority and credibility through high-quality backlink acquisition, citation management, content outreach, and other approved off-site SEO tactics. Any paid backlinks or high-authority backlink campaigns shall be the responsibility and cost of the Client.
- Schema Markup Implementation – Apply structured data markup to the website’s pages to enhance search engine understanding of content, improve rich snippets, and increase visibility in search results.
- Blog and Content Development – Create and publish SEO-focused blog posts, articles, and website content to target identified keywords, engage the audience, and support overall search performance.
- Ranking and Performance Reporting – Provide regular reports detailing keyword rankings, traffic metrics, backlink profiles, and other key performance indicators. Reports shall include actionable insights and recommendations for continuous improvement.
Google Ads (PPC) Management
- Google Ads Setup, Management, and Optimization – Creation, configuration, and ongoing management of Google Ads campaigns, including account structure, ad groups, targeting options, and bid strategies.
- Keyword Research & Targeted Strategies – Identification and analysis of high-performing keywords, combined with audience targeting strategies designed to capture qualified leads and maximize campaign effectiveness.
- Ad Creation & A/B Testing – Development of compelling ad copy, headlines, and visual assets, with systematic A/B testing to identify the most effective variations for improved click-through and conversion rates.
- Performance Tracking & Multi-Touch Attribution – Advanced monitoring of campaign performance using analytics tools and multi-touch attribution models to assess effectiveness across the customer journey.
- Remarketing & Retargeting – Implementation of strategies to re-engage previous website visitors or leads, enhancing conversion potential and ROI.
- Website Conversion Optimization – Recommendations and optimizations aimed at improving landing page performance and conversion rates, ensuring maximum ROI from ad spend.
- Budget Management & Optimization – Continuous management of campaign budgets, bids, and allocations to achieve cost-effective results aligned with business objectives.
- Reporting & Recommendations – Provision of regular performance reports, including key metrics, insights, and actionable recommendations for ongoing campaign improvement.
- Dedicated Account Manager – Assignment of a dedicated account manager to oversee campaigns, provide strategic guidance, and serve as the Client’s primary point of contact.
2. TERMS & CONDITIONS
2.1 Contract Term
Marketing: Initial term of twelve (12) months from the Effective Date.
All plans shall auto-renew following the expiration of the initial term unless either Party provides written notice of cancellation at least thirty (30) days prior to renewal.
2.2 Cancellation & Early Termination
The Client may cancel any service within forty-eight (48) hours of signing without penalty.
Marketing services may be terminated after one (1) year with a thirty (30) days prior written notice.
2.3 Termination Procedure
All termination notices must be submitted via email. The Client is responsible for payment of all fees accrued through the termination effective date. All outstanding balances must be settled before the release of deliverables or access credentials.
3. FEES & PAYMENT TERMS
Monthly fees shall be billed to the payment method on file on the same calendar day of each month as the initial payment date ("Billing Date").
One-time setup fees shall be charged at the beginning of the engagement.
3.2 Automatic Payment Authorization
By signing this Agreement, the Client authorizes recurring charges to their designated payment method.
3.3 Late Fees & Reconnection
- Late payments incur a $99 fee.
- Services may be suspended after fourteen (14) days of non-payment.
- A $195 reconnection fee applies to resume suspended services, and a new Agreement may be required.
3.4 Taxes
All prices exclude applicable federal, state, and local taxes, which shall be added to the invoice amount as required by law.
4. PROJECT TIMELINES & CLIENT OBLIGATIONS
Initial setup, audits, and roadmap creation for Social Media, SEO, and Google Ads are expected to be completed within 2 to 4 weeks of the official project start date, barring delays outside the Service Provider's control.
4.2 Client Responsibilities
Content and Material Submission:
The Client agrees to provide all necessary materials required for the successful execution of services. This includes—but is not limited to—ad creatives, product images, promotional videos, access credentials (Google Ads, Analytics, Search Console, etc.), and other requested assets.
Communication and Feedback:
The Client must respond promptly to any requests for approvals, feedback, or clarifications. Delays in communication may result in extended timelines or missed deadlines, for which the Service Provider will not be held responsible.
If the Client fails to respond within fourteen (14) business days to a critical request, the Service Provider reserves the right to pause the project and adjust the timeline accordingly.
Approval and Cooperation:
If the Client fails to provide required feedback, approvals, or deliverables within a reasonable timeframe, the Service Provider reserves the right to extend project deadlines accordingly.
The Client acknowledges that lack of cooperation can directly affect project outcomes and agrees not to withhold payment due to such delays.
Media Content & Paid Advertising:
1. For Digital Marketing Services, the Client is responsible for supplying all media content unless content creation is included in their selected plan. This includes:
- High-quality product images
- Promotional videos
- Captions, branding assets, or other creative direction (if applicable)
2. For Paid Advertising Campaigns, the Client is solely responsible for all advertising costs and direct payments to the relevant platforms. The Service Provider is not responsible for funding these expenses, and any delay in the Client’s payment for ads may result in corresponding delays to the campaign schedule or overall project timeline. Furthermore, the Service Provider is not liable for any issues arising from the Client’s account being hacked, blocked, suspended, or penalized due to violations of platform policies, and will not be responsible for any delays, disruptions, or losses caused by such incidents. If any copyright infringement or intellectual property dispute arises from the Client’s provided content, the Service Provider reserves the right to pause or cancel the project without liability, and the Client will remain responsible for any associated costs or damages.
3. If the Client makes any changes to the advertising campaigns without informing or coordinating with the Service Provider, the Service Provider will not be responsible for any resulting issues, errors, or delays.
4. If a Service Provider account or company asset (including but not limited to accounts, pages, tools, or other resources) is suspended, deleted, or otherwise compromised due to the Client’s negligence, carelessness, or violation of platform policies, the Client is obligated to cover any resulting damages, fees, or losses.
5. ACCESS, OWNERSHIP & INTELLECTUAL PROPERTY
5.1 Platform Access
Manager-level access to relevant platforms (Google Ads, Google Analytics, Search Console, Social Media accounts,Google Tag Manager, and Google Merchant Center, etc.) will be required.
Full administrative access is granted after the initial 12-month term and completion of all payments.
Custom work, including code, ads, strategies, and reports, remains the property of the Service Provider until contractual obligations are met.
5.2 Unauthorized Use
Unauthorized use of proprietary assets prior to contract completion constitutes a material breach and may subject the Client to legal consequences including injunctive relief, statutory damages, and attorneys' fees.
5.3 Portfolio Usage
The Service Provider may showcase completed work in its portfolio and marketing unless confidentiality is requested in writing.
6. SERVICE LEVEL AGREEMENT (SLA)
Uptime Guarantee: 99.9% uptime for hosted services (if applicable).
Support: All requests will be acknowledged within 24 hours and resolved within 72 hours unless complexity warrants otherwise.
Client Cooperation: Timely responses are required for effective issue resolution
7. DATA PRIVACY & SECURITY
The service provider shall follow the industry’s best practices and applicable laws for protecting client data.
In the event of a confirmed data breach, the Client will be notified within 24 hours.
The Service Provider is not liable for damages resulting from cyberattacks despite compliance.
8. DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Parties shall first attempt in good faith to resolve the matter through informal discussions. Such discussions shall occur promptly and in any event within fifteen (15) business days from the date the dispute is raised.
8.2 Legal Proceedings
If the Parties are unable to resolve the dispute through informal discussions, either Party may initiate legal proceedings. All disputes arising under or relating to this Agreement shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles, and shall be resolved exclusively in the courts located in Harris County, Texas. Each Party hereby irrevocably submits to the jurisdiction and venue of such courts.
8.3 Waiver of Mandatory Arbitration or Mediation
The Parties expressly waive any obligation to engage in mediation or arbitration unless both Parties mutually agree in writing to such a process.
8.4 Payment Disputes & Chargebacks
The Client agrees not to initiate any payment dispute, chargeback, or refund request for services rendered unless the Service Provider materially fails to perform the services specified in this Agreement. Any improper or unauthorized disputes may result in legal action for recovery of damages, including reasonable attorneys’ fees and costs.
In the event the Client initiates a payment dispute with a bank or payment processor, the Service Provider is authorized to submit this Agreement, together with all supporting documentation, to defend the validity of the charges.
By executing this Agreement, the Client expressly acknowledges and agrees to these payment terms and authorizes charges accordingly. Improper disputes unrelated to the Service Provider’s non-performance constitute a breach of this Agreement and may subject the Client to recovery of all associated legal fees and damages.
8.5 Non-Cooperation by Client
The Client acknowledges that failure to provide required materials, access, approvals, or feedback in a timely manner does not constitute a valid basis to dispute charges, withhold payments, or demand refunds. Any project delays or incomplete work caused by Client inaction shall be the sole responsibility of the Client.
8.6 Lead Generation vs. Sales Disputes
The Client acknowledges and agrees that the Service Provider’s obligations are limited to marketing services, which are measured by traffic increases, lead generation, and engagement metrics, and not by the Client’s ultimate sales results. Dissatisfaction with sales performance does not constitute valid grounds for withholding payment or initiating chargebacks.
8.7 Recovery of Legal Fees
In any legal action or proceeding to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, court costs, and other related legal expenses.
8.8 Limitation on Filing Claims
Any claim, action, or cause of action arising out of or relating to this Agreement must be filed within one (1) year from the date the cause of action arose. Any claim filed after such period shall be deemed forever barred.
8.9 Jurisdiction and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Texas. The Parties agree that any legal action shall be brought exclusively in a court of competent jurisdiction within the United States.
8.10 Limitation of Liability
The Service Provider’s total liability to the Client for any claim, loss, or damage arising out of or relating to this Agreement shall not exceed the total amount paid by the Client under this Agreement.
The Client agrees that neither Party shall be liable for consequential, incidental, indirect, or punitive damages, including, without limitation, lost profits or lost business opportunities.