Terms & Conditions

1. Acceptance of terms

These Terms & Conditions (“Terms”) govern your use of the Spearhead Marketing website and any services provided under a proposal, statement of work, order form, or other written agreement (a “project document”). By using the website, requesting services, or agreeing to a project document that incorporates these Terms, you agree to be bound by them.

If a signed project document conflicts with these Terms, the signed project document controls for that project. Any additional or different terms you propose in a purchase order or vendor form have no effect unless we agree to them in writing.

2. Eligibility and authority

You must be at least 18 years old and have authority to enter into these Terms for yourself or the business you represent. If you accept these Terms on behalf of a business, you represent that you are authorized to bind it.

3. Services and scope

Services may include website strategy, copy development, design, development, launch support, Google Business Profile optimization, posting, review response support, and ongoing maintenance. The exact scope, deliverables, timeline, revision limits, responsibilities, and fees are stated in the applicable project document.

Website creation is advertised at a base price of $2,500 for up to five pages, with additional pages advertised at $300 each. Google Business Profile services are advertised at $500 for initial optimization and $200 per month for ongoing management. Final pricing and scope are confirmed in writing before work begins and may change for custom functionality, content, integrations, rush work, third-party costs, taxes, or expanded scope.

4. Client responsibilities

You agree to provide timely, accurate, and complete information; access credentials where reasonably required; lawful content and assets; consolidated feedback; and the approvals needed to complete the work. Delays in content, access, feedback, or approvals may change the schedule.

You are responsible for reviewing and approving final content, claims, pricing, contact information, legal disclosures, accessibility requirements, and regulatory obligations applicable to your business or industry. You are responsible for the accuracy and legality of your offers and claims, and for compliance with privacy, advertising, consumer protection, email, and SMS laws as they apply to your own customers.

5. Fees, invoices, and payment

Payment schedules, deposits, recurring charges, due dates, late fees, cancellation terms, and refund terms are stated in the applicable project document. Unless otherwise stated, third-party fees such as domains, hosting, premium software, advertising spend, stock assets, and external platform charges are separate and are your responsibility.

Recurring services continue for the period stated in the project document until canceled according to that document. Not using a service does not cancel it — cancellation requires notice as described in your project document.

6. Changes, revisions, and delays

Requests outside the agreed scope may require a change order, an additional fee, or a revised schedule. We may pause work when required information, payment, access, feedback, or approval is overdue. Estimates are not guarantees unless a signed project document expressly says otherwise.

7. Client content and permissions

You retain ownership of the content and assets you provide. You grant us a limited, non-exclusive license to use, copy, modify, display, and transmit them as needed to perform the services. You represent that you hold all rights and permissions needed for the content, trademarks, photographs, reviews, data, and other materials you give us, including any rights needed for photographs of people or of completed job sites.

8. Intellectual property

Ownership of final custom deliverables, and any conditions on transfer, are stated in the applicable project document and may depend on payment in full. We retain ownership of pre-existing materials, general know-how, reusable systems, frameworks, code libraries, tools, templates, and processes. Any license to those materials is limited to what is reasonably necessary for you to use the final deliverables for your business.

Third-party software, fonts, plugins, platforms, and assets remain subject to their own licenses and terms.

9. Feedback

If you send us suggestions, ideas, or comments about our services, we may use them without restriction, obligation, or compensation to you. This does not give us any right to your confidential business information, which is covered by section 16.

10. Portfolio and publicity

Unless your project document says otherwise, we may identify you as a client and display your project — including screenshots, your business name, and your logo — in our portfolio, on this website, on social media, and in proposals to prospective clients. We will not disclose your confidential business information, pricing, or performance figures without your permission. If you would rather we did not, tell us in writing and we will not.

11. Third-party services and platforms

Projects depend on third-party services such as website hosts, domain registrars, content management systems, customer relationship platforms, email and SMS providers, Google Business Profile, analytics tools, scheduling tools, and payment processors. We do not control those services and are not responsible for outages, policy changes, pricing changes, account suspensions, data loss, ranking changes, or other acts or omissions of third parties.

Where a project uses a third-party platform under your account, you are responsible for that account, its subscription fees, and compliance with that platform's terms. Where a platform requires its own agreement, that agreement governs your use of it.

12. Automated and AI-assisted tools

We use software tools, including AI-assisted tools, in the course of research, drafting, design, and development. A person reviews the work before it is delivered to you, and we remain responsible for what we deliver under these Terms. We do not submit your confidential business information to tools that would use it to train public models, and we do not use your information or your customers' information to train AI models of our own.

13. Google Business Profile and marketing results

Search engines and platforms control their own systems. We do not guarantee rankings, verification approval, reinstatement, traffic, leads, revenue, review volume, review removal, or any specific marketing result. Results depend on many factors outside our control, including competition, market conditions, your responsiveness, platform policies, your website's history, your reputation, your budget, and customer behavior. Anyone who guarantees you a specific Google position is not being straight with you.

14. Acceptable use

You may not use the website or services for unlawful, deceptive, infringing, abusive, or unauthorized purposes; interfere with the operation of the website; attempt to gain unauthorized access; distribute malware; scrape protected areas; or misuse another person's information. You may not ask us to publish false claims, fabricate reviews, or misrepresent your licensing, certifications, or insurance.

15. Suspension and termination

Either party may terminate services as provided in the applicable project document. We may suspend access or work for nonpayment, unlawful use, security risk, abusive conduct, or material breach. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute provisions.

16. Confidentiality

Each party may receive non-public business information from the other. Each agrees to use reasonable care to protect that information and to use it only for the project, except where disclosure is authorized or legally required. Confidential information does not include information that is public through no breach, independently developed, or lawfully received without restriction.

17. Electronic communications

By contacting us or engaging our services, you consent to receive communications from us electronically, including by email. You agree that notices, agreements, disclosures, and other communications we send electronically satisfy any legal requirement that they be in writing.

18. Disclaimers

Except as expressly stated in a signed project document, the website and services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website or services will be uninterrupted, error-free, or free of harmful components.

19. Limitation of liability

To the fullest extent permitted by law, Spearhead Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, business interruption, or loss of goodwill arising from the website or services.

To the fullest extent permitted by law, our total liability for a claim related to a project will not exceed the amount you paid us for the specific services giving rise to the claim during the six months before the event. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct.

20. Indemnification

You agree to defend, indemnify, and hold harmless Spearhead Marketing and its personnel from claims, losses, liabilities, and expenses arising from your content, your instructions, your products or services, your communications, your unlawful conduct, your breach of these Terms, or your violation of another person's rights — except to the extent caused by our gross negligence or willful misconduct.

21. Governing law and disputes

These Terms are governed by the laws applicable at Spearhead Marketing's principal place of business, without regard to conflict-of-law principles. Before filing a formal claim, each party agrees to provide written notice describing the dispute and to make a good-faith effort to resolve it informally for at least 30 days. Any project-specific venue, mediation, arbitration, or dispute procedure is stated in the signed project document.

Any claim arising out of or relating to these Terms or our services must be brought within one year after the claim arose, except where applicable law does not permit that limitation.

22. SMS communications

By opting in to SMS on our forms, you consent to receive SMS notifications, alerts, and occasional marketing communications from Spearhead Marketing at the number provided. Message frequency varies. Message and data rates may apply. Reply STOP at any time to unsubscribe, or HELP for help. Consent is not a condition of purchase. We do not sell or share your phone number or SMS consent with third parties for their marketing. See our Privacy Policy for details.

23. Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision is severed and the remaining provisions stay in full effect.

24. Entire agreement, waiver, and assignment

These Terms, together with any applicable project document and our Privacy Policy, are the entire agreement between you and Spearhead Marketing regarding the website and services. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a sale or reorganization of the business. Section headings are for convenience and have no legal effect.

25. Changes to these terms

We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Changes apply prospectively unless otherwise required by law. Changes do not alter a signed project document already in effect.

26. Contact

Spearhead Marketing
200 Brandylion Drive
Stephens City, VA 22655
ben@growwithspearhead.com