Effective date: September 11, 2025

These Terms & Conditions (“Terms”) govern your access to and use of www.inkmarketingagency.com (the “Site”) and any products or services offered by Ink Marketing Agency LLC (“Ink Marketing Agency,” “we,” “us,” or “our”). By using the Site or engaging our services, you agree to these Terms.

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Contact details

Website: www.inkmarketingagency.com
Email: support@inkmarketingagency.com
Phone: (207) 503-8334

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1) Acceptance of Terms

By accessing the Site or purchasing/using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site or services.

2) Changes to Terms

We may update these Terms from time to time. The “Effective date” above reflects the latest revision. Your continued use of the Site/services after changes are posted constitutes acceptance of the updated Terms.

3) Site Content & Intellectual Property

All content on the Site—including text, designs, logos, graphics, images, videos, icons, software, code, blog posts, landing pages, and the look and feel—is the exclusive property of Ink Marketing Agency LLC or its licensors and is protected by copyright, trademark, and other laws.
You may not copy, reproduce, modify, republish, upload, post, transmit, sell, or distribute any Site content without our prior written permission. Unauthorized use may result in civil and/or criminal penalties.

“Ink Marketing Agency” and associated marks are trademarks of Ink Marketing Agency LLC. You may not use our marks without prior written consent.

4) Use of the Site

You agree not to misuse the Site, interfere with its security, attempt to gain unauthorized access, or use it for unlawful purposes. We may suspend or terminate access for any violation of these Terms.

5) Proposals, Orders & Scope of Work

Services may be described in written quotes, order forms, or statements of work (SOWs) that reference these Terms. If there is a conflict, the SOW controls for the specific project.

6) Fees, Billing & Taxes

Unless otherwise stated in writing, fees are due in advance and are non-transferable. You are responsible for all applicable taxes, except those based on our net income. Late payments may incur pause/termination of services.

7) Refund Policy

Active Projects

If you discontinue services while a project is active, we will refund the unused portion on a pro-rata basis. Amounts for work already delivered or allocated resources will be retained.

Projects 90 Days Old or More

Payments made 90 days ago or more (for any project status—active, on hold, in-progress, or completed) are not eligible for partial or full refunds.

Prepaid Plans

Prepaid plans (e.g., quarterly, semiannual, annual) may be canceled early and are refundable pro-rata based on the original (non-discounted) rate for services used to date.

Example:
You purchase a 12-month plan at $1,000/month ($12,000 total) with an upfront price of $8,040 after discount. After 6 months, services used at the standard rate = $6,000. Refund = $8,040 − $6,000 = $2,040.

General rule: Refund = Amount Paid Upfront − (Months Used × Standard Monthly Rate).

Refunds are processed to the original payment method within 3–5 business days after approval by our finance team.

Complete Refunds

If you believe a full refund is warranted, email support@inkmarketingagency.com with details. We will review and respond case-by-case.

8) “100% Guarantee” (If Applicable)

If a written SOW expressly includes a “100% guarantee” for a specific SEO project, and after completing all deliverables your designated site does not rank as defined in the SOW within the stated window, we will waive the applicable fees and refund the amounts paid for that project. Conditions and scope must be stated in your SOW.

9) Recurring Payment Policy

Unless otherwise quoted in writing, ongoing Internet marketing services (e.g., SEO, PPC, social media, content marketing, reputation/brand management) are billed on a monthly and/or prepaid recurring basis. Depending on complexity and duration, certain web design/development projects may also be billed monthly.

10) Client Feedback & Approval

Timely client feedback/approvals are required for all projects unless the client grants auto-approval in writing. If no feedback is received for 30 days or by the project completion date (whichever comes first), Ink Marketing Agency may retain project fees due to resource allocation. A partial refund may be considered upon mutual agreement, but a full refund is not available.

11) Right to Refuse

We reserve the right to refuse, suspend, or terminate services at our discretion, including for violations of these Terms or applicable law.

12) Disclaimers & Limitations on Liability

Client Websites & Performance

Digital marketing outcomes depend on many factors outside our control. While we use industry-standard, white-hat methods, we do not guarantee specific rankings, traffic, conversions, or revenue unless expressly stated in a signed SOW. We are not liable for accidental data loss, hosting/ISP issues, third-party platform changes, algorithm updates, or penalties imposed by search engines or platforms.

Changes to Client Websites (General)

Clients should maintain regular backups. We are not liable for any website issues or data loss. Do not make material changes to your site during active campaigns without informing us; such changes can impact performance and deliverables.

Changes to META/Content/Design

Altering templates, designs, META tags, landing page content, or site architecture can affect rankings/traffic. We are not responsible for performance losses resulting from changes made by any party without our prior review.

Search Engine Penalties

We practice white-hat SEO aligned with platform guidelines and seek client approval for material changes. If a site is penalized for any reason, Ink Marketing Agency is not responsible or liable.

Web Development Policy

Development work is performed at the client’s request and on provided credentials. Provide user-level access where possible; change credentials after work concludes. Maintain your own backups. If a site disappears from an index or experiences data loss, Ink Marketing Agency is not liable.

SEO Work & Third-Party Updates

We are not responsible if search engines discount links, update algorithms, or change systems. Delays or issues arising from hosting, ISPs, client delays, or force majeure are outside our control.

Third-Party Tools & Links

We may reference or integrate third-party tools/services. We are not responsible for third-party content, availability, or policies. Review their terms/privacy before use.

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED SOW, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INK MARKETING AGENCY’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR SERVICES IS LIMITED TO THE AMOUNTS YOU PAID TO INK MARKETING AGENCY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL/DATA, EVEN IF ADVISED OF THE POSSIBILITY.

13) Google Business Profile (GBP) Setup & Recovery

Service Eligibility

“GBP Profile Setup” applies only to new GBP accounts. Existing profiles are not eligible for the setup package.

Documents Required

Clients must provide valid business documentation to Google for verification. Delays due to missing or insufficient documents are not our responsibility.

Verification Video Calls

Google may require a video call. Clients must complete it directly with Google. Failure to complete required steps may delay verification; Ink Marketing Agency is not liable.

GBP Profile Setup – Support Window

GBP setup packages include 30 days of support after setup/optimization for technical questions or optimization guidance related to our work. Post-30-day support requires a new agreement.
If the client violates Google’s guidelines/policies, the 30-day support commitment no longer applies.

Steps in Case of Suspension

Clients must follow provided steps (documents, corrections, appeals). Failure to follow them may delay reinstatement; we are not liable for resulting delays or losses.

14) Access to Client Dashboard (If Provided)

Access to any Ink Marketing Agency dashboard/tool is provided to active clients during the engagement. Access may be revoked upon project completion, termination, or misuse.

15) Image & Asset Policy

We use properly licensed assets for client work unless the client purchases exclusive rights. We do not knowingly use unlicensed materials. Site images and media are property of Ink Marketing Agency or its licensors; do not reuse without permission.

16) Indemnification

You agree to indemnify, defend, and hold harmless Ink Marketing Agency, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising out of:
(a) your use of the Site/services;
(b) content or materials you provide;
(c) your breach of these Terms or applicable law.

17) Force Majeure

We are not liable for delays or failures due to events beyond our control, including acts of God, labor disputes, internet/hosting failures, cyber incidents, governmental actions, or platform outages.

18) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflicts-of-law rules.

Good-Faith Resolution & ADR: If a dispute arises, the parties will first attempt to resolve it in good faith via support@inkmarketingagency.com. If unresolved, the parties agree to seek resolution through Alternative Dispute Resolution (ADR) administered by the American Arbitration Association (AAA). Unless otherwise agreed, each party bears its own costs and shares ADR administrative fees as applicable. Nothing here prevents either party from seeking temporary injunctive relief or pursuing claims in small-claims court where allowed.

19) Miscellaneous

Severability: Invalid provisions do not affect the remainder.
No Waiver: Not enforcing a right is not a waiver.
Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
Entire Agreement: These Terms, together with any SOW and our Privacy Policy, are the entire agreement regarding the Site/services.
Notices: You consent to receive notices electronically at the email you provide or by posting on the Site.

20) Privacy Policy

Please review our Privacy Policy: www.inkmarketingagency.com/privacy-policy

21) Contact Ink Marketing Agency

Questions about these Terms? Contact us:
Ink Marketing Agency LLC
Email: support@inkmarketingagency.com
Phone: (207) 503-8334
Website: www.inkmarketingagency.com