Legal

Terms and Conditions

Last updated: Oct 15, 2026

1. Agreement to These Terms

These Terms and Conditions ("Terms") govern your use of the OG Marketing Agency 365 website at ogmarketingagency365.com and any marketing services we provide to you. "We," "us," and "our" mean OG Marketing Agency 365. "You" or "Client" means the person or business using our website or services.

By using our website, signing a proposal, or paying an invoice, you agree to these Terms and our Privacy Policy. If you are agreeing on behalf of a business, you confirm you have authority to bind it.

2. Our Services

We provide marketing services for local service businesses, mainly Facebook and Instagram (Meta) advertising, video content for those ads, lead forms and booking calendars, and lead and email follow-up. We also offer an optional AI answering service. The exact plan, deliverables and price for each client are confirmed in writing (email is fine) before work begins (the "Proposal").

If a Proposal conflicts with these Terms, the Proposal controls for that engagement. Work outside the Proposal's scope is billed separately after you approve it in writing (email is fine).

3. Fees and Payment

  • 2-Week Trial: new clients start with a 2-week trial. There is no agency fee for the trial. You pay your ad spend directly to Meta from your own ad account during the trial.
  • Monthly retainer: if you continue after the trial, our services are billed as a monthly retainer, typically $2,000 to $3,000 per month, quoted on your strategy call based on your market and goals. The retainer is billed in advance on the 1st of each month, or on the day your retainer starts.
  • Ad spend: ad spend is separate from the retainer and is always paid directly to Meta (or another ad platform) by you. We never hold or mark up your ad budget.
  • Add-ons: optional services, such as the AI answering service, are priced separately and only billed once you agree to them in writing.
  • Payment terms: retainer invoices are due within 7 days. We accept credit card, debit card and ACH bank transfer.
  • Late payments: overdue balances may incur a late fee of 1.5% per month (or the maximum allowed by law, if lower). We may pause work or account management until the account is current.
  • Expenses: stock images, software licenses, printing, and similar third-party costs are billed to you, with approval for anything over $100.
  • Taxes: fees exclude applicable taxes, which you are responsible for.
  • Refunds: the trial is free, so there is nothing to refund for it. Retainer fees for a month that has started are non-refundable, because that month's work is already underway. Ad spend is billed by Meta, not by us, so we cannot refund it.
  • Chargebacks: please contact us before disputing a charge. Unwarranted chargebacks may result in termination and collection of amounts owed.

4. Client Responsibilities

You agree to:

  • Provide accurate information, brand assets, content, and account access we need, on time.
  • Review and approve or request changes to deliverables within 5 business days. Content not responded to within that time may be treated as approved.
  • Make sure everything you give us (logos, images, text, customer lists) is yours to use and does not infringe anyone's rights.
  • Ensure your products, offers, and claims are lawful and that you have consent for any email or SMS marketing to your customers.
  • Keep a designated point of contact who can make decisions.

Delays in your feedback or materials may push back timelines and do not reduce fees owed.

5. Revisions

Each deliverable includes 2 rounds of revisions unless the Proposal says otherwise. Additional revisions or changes in direction after approval are billed at $100 per hour.

6. No Guaranteed Results

Marketing results depend on many factors outside our control, including market conditions, competition, your product, budget, and platform algorithms. We do not guarantee specific outcomes such as followers, rankings, leads, sales, or return on ad spend. Any projections are estimates only.

7. Third-Party Platforms and Ad Spend

  • Our services rely on third-party platforms (for example Meta, Google, TikTok, LinkedIn). Their terms and policies apply, and we are not responsible for their outages, policy changes, ad rejections, or account suspensions.
  • Ad spend is separate from our management fee. Unless agreed otherwise, ad spend is charged directly to your payment method on each platform, and you are responsible for it.
  • You remain the owner of your ad and social accounts. We recommend granting us partner or admin access rather than sharing passwords.

8. Intellectual Property

  • Your materials: you keep ownership of everything you provide to us.
  • Final deliverables: once you have paid in full, you own the final approved deliverables created specifically for you (such as final logos, graphics, and copy).
  • Our tools and know-how: we keep ownership of our templates, processes, frameworks, drafts, unused concepts, and working files, unless the Proposal says otherwise.
  • Third-party assets: stock photos, fonts, music, and software are licensed, not owned, and remain subject to their license terms.
  • Portfolio: we may show the work we create for you in our portfolio, website, and social media, unless you ask us in writing not to.

9. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform the engagement. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

10. Term, Cancellation, and Termination

  • Trial: you can end the trial at any time, or simply not continue when it ends. You owe us nothing for the trial.
  • Retainers: monthly retainers renew automatically each month. Either party may cancel with 30 days' written notice.
  • Minimum term: if your Proposal includes a minimum term (for example 3 months), retainer fees for that term remain due if you cancel early.
  • Termination for cause: either party may end the engagement immediately if the other materially breaches these Terms and does not fix it within 10 days of notice. We may also end it immediately for non-payment, abusive conduct, or requests that are unlawful or unethical.
  • On termination: you pay all amounts owed, we hand over paid-for deliverables, and we remove our access to your accounts.

11. Disclaimer of Warranties

We perform our services with reasonable skill and care. Apart from that, our website and services are provided "as is" and "as available," without other warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement, to the extent the law allows.

12. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities. Our total liability for any claim related to our website or services is limited to the fees you paid us in the 3 months before the claim arose.

13. Indemnification

You agree to defend and hold us harmless from claims, damages, and costs (including reasonable legal fees) arising from materials you provided, your products or claims, your breach of these Terms, or your violation of any law or third-party right.

14. Website Use

You may use our website for lawful purposes only. You may not copy our content for commercial use, try to gain unauthorized access, upload malicious code, or scrape the site. All website content belongs to us or our licensors.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The parties will first try to resolve any dispute informally by contacting each other in writing. If it is not resolved within 30 days, it will be handled in the courts located in Santa Clara County, California, unless the parties agree to mediation or arbitration.

16. General

  • Entire agreement: these Terms, the Privacy Policy, and your Proposal are the full agreement between us.
  • Changes: we may update these Terms by posting a new version here. Changes do not affect a signed Proposal for its current term.
  • Independent contractor: we are an independent contractor, not your employee or partner.
  • Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
  • Severability and waiver: if any part is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
  • Assignment: you may not transfer this agreement without our written consent.

17. Contact Us

OG Marketing Agency 365
Santa Clara, CA
Email: [email protected]
Phone: (888) 971-6989