Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Construction Marketing Team ("Company," "we," "our," or "us"), a digital marketing agency based in Eagle Mountain, Utah.

By accessing our website at constructionmarketingteam.com, booking a strategy call, signing a service agreement, or purchasing any of our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.

Our Services

Construction Marketing Team provides digital marketing services for construction contractors and related businesses, including but not limited to:

• Website design and development
• Google Business Profile setup and optimization
• Search Engine Optimization (SEO) and GEO content
• Pay-per-click advertising (Google Ads, Meta Ads, Local Service Ads)
• Social media management
• CRM setup and review automation (GoHighLevel)
• LinkedIn profile setup and strategy
• Video production (where available)
• Podcast guest appearances
• Marketing consulting and strategy

Service Agreements

Specific services, deliverables, timelines, and pricing are outlined in individual service agreements or proposals provided to you prior to engagement. Those agreements are incorporated into and governed by these Terms.

Service Modifications

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Accounts & Access

To access certain services, you may need to provide account credentials or grant us access to third-party platforms including Google, Meta, GoHighLevel, and others.

Your Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You must provide accurate and complete information when requested
• You must promptly notify us of any unauthorized use of your accounts
• You are responsible for all activity that occurs under your accounts

Access We Require

To deliver our services, we may request admin or editor access to your Google Business Profile, website, ad accounts, and social media platforms. We will only use this access for the purposes outlined in your service agreement. All access will be removed upon termination of services if requested.

Payments & Billing

Fees

Service fees are outlined in your individual service agreement or proposal. By engaging our services, you agree to pay all fees as specified.

Recurring Services

Monthly retainer services are billed in advance on a recurring monthly basis. Your first payment is due before work begins. Subsequent payments are due on the same day each month.

One-Time Projects

One-time projects (such as website builds) require a deposit of 50% upfront before work begins, with the remaining 50% due upon project completion before final files or access are transferred.

Ad Spend

If we manage paid advertising on your behalf, ad spend is billed separately and directly to your payment method or ad accounts. Ad spend is not included in management fees unless explicitly stated in your service agreement.

Late Payments

Payments not received within 7 days of the due date may result in suspension of services. We reserve the right to charge a late fee of 1.5% per month on overdue balances. Accounts suspended for non-payment will require full payment of outstanding balances before services resume.

Price Changes

We reserve the right to adjust pricing with 30 days written notice. Existing clients on active agreements will maintain their current pricing until their agreement renewal date.

Refund Policy

We stand behind our work. However, due to the nature of digital marketing services, our refund policy is as follows:

Monthly Retainer Services

Monthly retainer fees are non-refundable once the billing period has begun and work has commenced. If you are dissatisfied with our services, please contact us within the first 30 days and we will work to resolve your concerns.

One-Time Projects

• Deposits are non-refundable once work has begun, as they cover time and resources already invested
• Final payments are due upon project completion. If you choose not to proceed after approving the completed work, the full project fee remains due
• If we fail to deliver the agreed-upon project without cause, you are entitled to a full refund of all payments made

GoHighLevel CRM Accounts

CRM sub-account fees ($49/mo) are non-refundable once the account has been created and access granted. You may cancel at any time effective at the end of the current billing period.

Disputes

If you believe you were charged in error, please contact us within 30 days at hello@constructionmarketingteam.com and we will investigate promptly.

Deliverables & Ownership

Websites

Upon full payment, you own the website content, design, and code we create for you. You are responsible for hosting costs and ongoing maintenance unless covered under a retainer agreement.

Content We Create

Blog posts, social media content, ad copy, and other written materials created for your business are owned by you upon full payment. We retain the right to display our work in our portfolio unless you request otherwise in writing.

Our Proprietary Systems

Certain tools, templates, workflows, and systems we use to deliver services remain our intellectual property. This includes our GoHighLevel snapshot, automation workflows, and proprietary processes. You receive a license to use these while actively engaged with us, but ownership is not transferred.

Third-Party Assets

Stock photos, licensed fonts, plugins, and other third-party assets are subject to their own licensing terms. We will disclose any licensing restrictions that affect your use of deliverables.

Ad Accounts

Ad accounts, campaigns, and historical data created under your account ownership belong to you. If we create accounts on your behalf, we will transfer ownership to you upon request or upon termination of services.

Client Responsibilities

To deliver results, we need your cooperation. You agree to:

• Provide accurate, complete, and timely information required for us to perform our services
• Review and approve deliverables within agreed-upon timeframes (typically 5 business days)
• Provide necessary access to platforms, accounts, and assets
• Respond to communications within a reasonable timeframe (we ask for responses within 3 business days)
• Ensure all information and materials you provide do not infringe on third-party intellectual property rights
• Maintain your own backups of website files and content

Delays Caused by Client

Project timelines are contingent on receiving necessary approvals, content, and feedback from you on schedule. We are not responsible for delays caused by late client responses or missing materials. Project timelines will be adjusted accordingly.

Results Disclaimer

We are proud of the results we help our clients achieve. However, digital marketing results are not guaranteed and depend on many factors outside our control.

Factors that affect results include but are not limited to: competition in your market, the quality of your product or service, your pricing, your responsiveness to leads, local market conditions, and algorithm changes by Google, Meta, and other platforms.

We commit to applying our best efforts, expertise, and proven processes to your campaigns. We will communicate openly about performance and adjust strategies accordingly.

Intellectual Property

The Construction Marketing Team name, logo, website content, service names, and proprietary methodologies are the intellectual property of Construction Marketing Team and are protected by applicable copyright, trademark, and other laws.

Restrictions

You may not:

• Copy, reproduce, or distribute our website content without written permission
• Use our name, logo, or branding without written permission
• Reverse engineer or attempt to copy our proprietary systems or methodologies
• Remove any proprietary notices from materials we provide

Portfolio Rights

We reserve the right to display work completed for clients in our portfolio, case studies, and marketing materials unless you request confidentiality in writing prior to project commencement.

Confidentiality

Both parties may share confidential information in the course of our engagement. We agree to:

• Keep confidential information in strict confidence
• Not disclose confidential information to third parties without written consent
• Use confidential information only for the purposes of delivering our services
• Take reasonable precautions to protect confidential information

This obligation does not apply to information that is or becomes publicly known through no fault of ours, or that we are required to disclose by law.

For clients requiring formal NDAs, we are happy to execute a mutual non-disclosure agreement prior to engagement.

Termination

Cancellation by Client

You may cancel monthly retainer services with 30 days written notice sent to hello@constructionmarketingteam.com. You remain responsible for payment through the end of the 30-day notice period.

Cancellation by Us

We reserve the right to terminate services with 30 days notice for any reason. We may terminate services immediately and without notice if you:

• Fail to make payment after 14 days past due
• Engage in abusive, threatening, or illegal behavior
• Provide false information that materially affects our ability to deliver services
• Violate these Terms in a material way

Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• We will provide you with all deliverables completed and paid for through the termination date
• Access to platforms and accounts will be returned to you within 5 business days
• Our obligations to perform future services cease immediately

Limitation of Liability

To the maximum extent permitted by applicable law, Construction Marketing Team shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from algorithm changes by Google, Meta, or other platforms
• Damages resulting from third-party service outages or failures
• Any damages arising from your use or inability to use our services

Our total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total amount you paid us in the three months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Construction Marketing Team and its officers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Content or materials you provide to us
• Your violation of any third-party rights
• Any claims that your business or advertising is false, misleading, or deceptive

Disputes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

Informal Resolution

Before filing any formal legal action, you agree to contact us at hello@constructionmarketingteam.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or our services shall be resolved by binding arbitration in Utah County, Utah, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated, or representative action.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

General Terms

Entire Agreement

These Terms, together with any individual service agreements, constitute the entire agreement between you and Construction Marketing Team regarding our services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms at any time without notice to you.

Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, or other events of force majeure.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.

Contact Us

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

Also see our Privacy Policy for information about how we collect and use your data.