Website Terms Of Service - Additionally Serving As Our 1x Scope & Setup Agreement.

Thank you for considering EmBeance Marketing and Design as your marketing agency. We are excited about the opportunity to work with you and provide our expertise in developing effective marketing and or operational strategies with the intent to exclusively retain you as our client in order to fully assist your business. Before we proceed with the conceptualization of strategies and commence any services, we will kindly request that you review and sign our Intent to Retain Agreement.

1.0 - Intent To Retain Signoff.

EmBeance Marketing & Design LLC takes your business' vision without all the details and brings it to life through brand strategy, brand design, web design, content marketing strategies and even funnel designs as we are retained to assist you. It is with that taken into consideration that you are selectively CHOOSING to do business with our agency in order to help you achieve your business goals through the full circle line of solutions that EmBeance offers in done for you marketing, advertising, design, strategy and consulting services and are planning on EXCLUSIVELY retaining us for that assistance.

It is with the above taken into consideration that we are informing you that in most cases our assistance can either be done in a done FOR you manner, or a done WITH you manner. This agreement is for those that are asking for DONE FOR YOU services at our current, and existing rates, and you understand that you will be provided with a W9 form from us and MUST send us a 1099 in accordance with federal law each new year this agreement is into effect no later than January 30th.

If you do not consent to this, you have 2 options:

Elect to retain us for done with you services under your OWN agreements if you intend to retain us through more traditional means while having the intent to send us a W4 or W2 OR…
Elect to find another individual, team, firm, or agency that will not require you to follow the law inside of the US including tax law that states that services are retainable and these forms are all apart of the standard process of retainment of services.

In any of the cases above it is critical that you understand that whether we are assisting you in done for you assistance or in done with you assistance our intention is to help you in accordance with and of the law, and any requests of us to break the law, any statements of not wanting to follow the law, and or turn a blind eye to the law will be immediate cause for termination of your scope of work, and our client retainer without a refund of any deposits and or associated retainer fees as they may apply to your scope and agreement with us.

1.1-1 Brand Strategy + Design & Launch Terms:

While this agreement serves as an extension of your broad scope - a full scope of work is outlined above to include the following areas in a more customized and detailed manner at the time of coming to EmBeance for assistance. This may cover, and include but does not stop at:

Initial Consultation: The client agrees to pay for an initial call with the brand strategist at EmBeance to discuss the client's goals, needs, and expectations for the project. This is a complimentary consultation however, no elements of strategy will be included in this process.
Proposal and Payment: After the initial call, the brand strategist will provide the client with a proposal outlining the scope of work, deliverables, and pricing. If the client agrees to move forward, they must sign the proposal and make payment in full, which is non-refundable.
Brand Discovery: The brand strategist will conduct research and analysis to gather insights about the client's target audience, market, competition, and brand identity. The deliverables may include a brand positioning statement, brand values, brand voice, and brand personality. Additional elements often included are the brand’s formation at a state or national level, an EIN number walk through, the process of creating a business plan, the process of starting a business bank account, the process of setting up the right merchant processing for your business.
Strategy Development, Copywriting & Graphic Design: Based on the insights gathered during the brand discovery phase, the brand strategist will develop a comprehensive brand strategy that includes a brand roadmap, messaging framework, visual identity guidelines, visual design, and implementation plan. Please note this process can take as little as 7 business days however, the more refined and detailed you get in this process the longer it will take. If the project takes longer than 7 business days we reserve the right to bill you at our current hourly rate at the time of the service or by the day. Please note - we have a 3 change total policy on ALL ORDERS. Additional requests and revisions may either be completed by yourself, or be paid for under our hourly retainer.
Implementation and Launch: The brand strategist will work with the client to implement the brand strategy across all relevant channels, including website, social media, advertising, and other marketing materials. The launch phase may include a soft launch, a beta test, or a full-scale launch. Any associated print costs, mailing of print material, hosting costs, platform costs are the sole responsibility of the client. Please note - we have a 3 change total policy on ALL ORDERS. Additional requests and revisions may be paid for under our hourly retainer.
Monitoring and Optimization: After the brand strategy is implemented, the brand strategist will monitor the performance and provide recommendations for optimization based on the data and feedback. The client will be responsible for implementing the recommendations and tracking the results. Marketing Management services will then be billable at our current retainer pricing that includes a flat fee + 11% of your ad spend.
Communication and Reporting: The brand strategist will maintain regular communication with the client and provide periodic reports on the progress and results of the brand strategy. With review emails being sent out end of week each week as a method of checking in with our clients.
Termination: Either party may terminate the agreement at any time with 30 days written notice, but the client will not be entitled to a refund for any work already completed or in progress or where our time was retained for.
Ownership of Original Files: All original design files will remain under the ownership of EmBeance Marketing & Design however, the client will be granted ownership of all final deliverables as we do firmly believe our clients should own what is theirs.
Requests For After Completion Changes: Requests for after completion changes may take up to 7 days and should be requested through our support form on https://www.embeance.com/support-team-help any and all change or addition requests will be billable at a deposit first rate based on the time we believe your requests will take. Any and all billable requests will be deducted from your deposit retainer, and once completed you will either receive a balance sheet with your credited amount or an additional invoice for any additional time that we’ve had to bill for. Requests for changes place your account on our NEXT AVAILABLE slot list. Rush orders / Holiday Requests / After Hours / Weekend Requests are ALL subject to a 3x hrly fee.

Done With You Full Structures or Restructures (Or Team Training) With Travel: We are happy to travel to you. In the case of this, the client is responsible for our fees + any additional and associated meal costs, travel expenses Including Business Class Air From Atlanta Via Delta, transportation costs, and hotel (and parking / Uber) costs.

1.1-2 Squarespace Website Designs

Elements To Expect In Our Standard Squarespace Website Design Scope of Work:

Consultation: The client will have an initial consultation with the Squarespace website designer to discuss the client's goals, needs, and expectations for the website. The consultation most commonly takes place via phone.
Proposal and Payment: After the initial consultation, our team will provide the client with a proposal outlining the scope of work, deliverables, any associated timelines including your website strategy call and any associated pricing. If the client agrees to move forward, they must sign the proposal and pay a non-refundable deposit of the anticipated amount of time that the project will take to complete.
Google Meet Onboarding Call With Platform Website Setup & Hosting Subscription: Once your design payment has been made the next step in the process is booking a call with us for a Google meet platform website setup & hosting Subscription. This is normally done right on our introductory call however, if you elect to book this call yourself it should be done within the first 3 days of signing on with us.
Design and Development: Our website design team will create a design for the website that is tailored to the client's brand identity and aesthetic preferences as outlined in the web strategy call post payment being made. The designer will also develop the website using the Squarespace platform, including the creation of pages, navigation, forms, and integrations while incorporating elements of onsite SEO to assist in the process of helping your website to be found by the search engines when it comes time to launch your website.
Content Creation: The client will provide all necessary content for the website unless otherwise negotiated, including copy, images, videos, and other media. If the client needs assistance with content creation, our team can assist for an additional fee.
Review and Revision: Our design team will provide the client with a preview of the website for review and feedback via a custom link before the website is taken live. The client is allowed up to 3 edits to the design for free however, any major changes or additions to the design after the 3 minor changes or after the first 7 days of being notified of the completion of your website will be billable under our current 1x flat or hourly rates as applicable to your requests.
Testing and Launch: Once the website is complete, the Squarespace website designer will test the website for functionality, responsiveness, and compatibility with different browsers and devices. The website will then be launched and made live for public access.
Training and Support: The Squarespace website designer will provide the client with training and support on how to use and manage the website, including how to update content, add new pages, and monitor analytics.
Ownership of Original Files: Any final imagery created inside of our clients websites, are theirs. At the time of completion of the clients website - full ownership of their website will be transferred to the client.
Requests For After Completion Changes: Requests for after completion changes may take up to 7 days and should be requested through our support form on https://www.embeance.com/support-team-help any and all change or addition requests will be billable at a deposit first rate based on the time we believe your requests will take. Any and all billable requests will be deducted from your deposit retainer, and once completed you will either receive a balance sheet with your credited amount towards your next request or series of requests or an additional invoice for any additional time that we’ve had to bill for. Requests for changes place your account on our NEXT AVAILABLE slot list. Rush orders / Holiday Requests / After Hours / Weekend Requests are ALL subject to a 3x hourly fee.

Please note we do not custom code. Any code that needs to be added to a website will need to be an additional scope if it is in our capabilities. If your request is not in our capabilities or the capabilities of the platform you have selected we will let you know however, this is not a justifiable cause to terminate services, cancel services or chargeback on deposit or retainer services. We work in the direct capabilities of the platforms as they are built in their current standings and make no guarantees that special requests on specific design elements or requests especially when those requests are made POST a brand strategy session and features, content, brand elements, and your full brand identity is reviewed and these requests were most likely not discussed, disclosed, or requested and in which we identified the correct platform for your preferences and goals at the time of the brand strategy where platforms are most commonly reviewed and options are presented to you for your choice in selection.

This Retainer Policy Outline Applicable To ALL SERVICES & HELP FROM EMBEANCE:

Non-Refundable Deposit: The client must pay a non-refundable deposit in the amount quoted inside of your scope of work. This deposit covers the cost of strategy, initial design, and development work, and it is non-refundable.
Payment Schedule: Should the project go past the allocated time on our design calendar as outlined inside of your scope of work, you will be billed at our current hourly fee until the project is completed. Failure to pay this or these invoice(s) grants us the express consent to send you to collections for failure to pay for work completed if we have completed or if 2 weeks passes, and your invoice has not been paid and we have not done the work, a cancellation of contract will be set into motion. Any deposit + hourly fees paid remain non refundable.
Change Requests: Our design team will provide the client with a preview of the website for review and feedback via a custom link before the website is taken live. The client is allowed up to 3 edits to the design for free within 7 days of website access being sent to you or from the date of notification of the website being completed however, any major changes or additions to the design will be billable under our hourly rate.
Timelines: The website designer will provide the client with a timeline for the project inside of their scope of work.
Ownership and Intellectual Property: We want you to own what is yours. The client will own the website and all content created for the website once full payment is received. If the client has paid via debit or credit card, we reserve the right to retain ownership of the client’s website until the time period has lapsed to chargeback. In some cases this policy can be waived with your electronic signature and consent to a small little agreement and addendum to this client agreement that further serves as our terms of service however, to ensure that our team is paid, and fairly for work completed, in `addition to the hours of time, and often strategy we put into helping our clients grow, we want to ensure that we are protected in the event of chargebacks.

Animation Requests and Video Requests - All Animation Requests MUST BE requested PRIOR to your scope being signed off on and you choosing your platforms. While animation can be fun, and great and is well known for showing off our unique personalities, animations are also very well known to mess up your website’s coding, and make it easier for hackers to hack into your website. Please be advised that we will NOT be held responsible if this happens at your direct request to add in additional elements of custom coding if we are capable of adding it in to the templates and platforms you’ve chosen. We specialize in simplified, old school business friendly designs with a modern and personalized touch that leads to informed decision making without making false claims and without using deceptive advertising. We bring old school and new school together however, we do so in a way where your website is responsive and many new forms of code are NOT responsive. Just because you see a feature on Go High Level or Click Funnels it doesn’t mean it will work on squarespace or even wordpress. Every platform is different and flashy tactics that are gimmicky while slowing down your site’s speed and leaving you susceptible to cyber attacks especially in highly regulated industries are NOT our style.

Video Requests: While Squarespace does have a built in video embedder we do recommend our clients leverage the Youtube platform under their branded accounts for SEO purposes. To embed video we must either have a .mp4 file of the original video OR we must be provided youtube account access with administrative rights so that we can optimize your videos for search, add in necessary tags, and ensure your videos are ready to be seen. Video editing, video optimization, and video uploads to youtube are all billable requests at our current pricing starting at $35 per upload with optimization. Optimization ONLY is billable at $22 as we do watch ALL videos as applicable to the project at least once to ensure we’re writing the correct descriptions.

Hosting, URL Charges, and Additional Accounts Requiring Financial Information Including But Not Limited To Your CRM, Gsuite, or Outlook, Email Marketing Platform, Zapier, and Any and All Social Scheduling Services are due and payable to and by the client and must be set up BY the client due to the associated fees involved in the process as well as required payment information required. These fees are separate from design and retainer services at EmBeance.

For website service management, and post completion edits, and changes - Once your website is complete per the scope originally agreed to, any additional changes will be billed at an additional rate either our current hourly rate or under our per day rate. In some cases we will work with you to make minor changes for $25 - $35 per small edit or project however, this will be billable for a fee that is FAIR to all parties involved to create an even exchange for our time subject to the time that it takes to complete the edits. Requested additional work will not be completed until and unless these associated fee deposits are paid in full. Please remember deposit fees are anticipated in reference of time. If the project goes over, we will bill you additional for that request if we deem it necessary to.

1.1-3 Content and Imagery Rights Of USE Within Websites & For Print As Applicable To Your Scope:

Any content and imagery you come to us with are yours to utilize, and retain the rights to. I and we will utilize these items inside of your website, optimize the images for SEO while adding in links to applicable pages, alt tags, and occasionally in the case of product images for ecommerce stores - we will additionally add in descriptions, and leverage these images across your marketing elements (as applicable to your scope of work) and any and all work conducted by us will be yours to utilize into the future after the completion of your website except in cases where the client initiates a chargeback or our retainer agreement has been canceled due to a breach of contract stemming from the client retaining another agency or violating the law in a way where we could be held liable.

Any content and imagery we create for you will be available to you so long as you do not violate the above paragraph or sections as applicable, or sections 3.4 or 3.5 of your retainer agreement however, we do retain ownership of our own individual designs and content in their editable design formats. While you may use them, they are not available to other designers, and are not available to other professional teams to utilize without our express written permission which is standard industry practice and policy.

Ownership Transfers Of Our Designs - Ownership of all graphics created for you remains our intellectual property until and unless a usage agreement has been reached. Until then, and into infinity we reserve the right to utilize these designs in our portfolio, and across social media for marketing and advertising purposes for ourselves and even your business.

Please contact us at Info@EmBeance.com with the subject - Intellectual Property Buyout Request and please include your Customer ID Number and the finished .png image in reference to the buyout request.

For Websites - We Reserve The Right To Maintain Ownership of ALL Websites We Design On Squarespace For Our Clients As A Measure To Prevent Chargeback Theft and Friendly Fraud For Up To 1 Year Following The Purchase Of Your Website. If you would rather just retain ownership we recommend 1) paying through Direct Deposit, Zelle or Gusto or in select but rare cases we additionally have a waiver that we ask our clients that want ownership now vs later to sign.

3rd Party Right To Use Requests - At times you may want to utilize our work in other ways, write to us at Info@EmBeance.com and request permission for 3rd party usage rights. We’re usually happy to work with our clients and other vendors however, we do not pass off original images to a 3rd party design team or even to our clients in MOST cases. Requests may come with additional design fees (or transfer of intellectual property fees in select few cases) however, we’re happy to work with media relations teams, event coordinators at facilities where you are hosting events and they are working on promotional materials, and billboard or signage teams as just a few examples to get your goal accomplished for an additional fee.

1.1-4 Website Hosting Provided On Squarespace -

As a squarespace design team we offer our clients some of the latest design templates on the market, and fully customizable squarespace designs and do so because we prefer working on squarespace websites not because we receive a fee for doing so directly from the company (we do not). Hosting prices are subject to change and are at the sole discretion of the squarespace platform, and you will further be subject to their terms of use found at www.squarespace.com/terms-of-service as well as their privacy policy found at: www.squarespace.com/privacy

1.1-5 Designs On Other Platforms:

As of the time these scope terms have been written, we work on Squarespace, Wordpress Elementor Pro, Wordpress Divi, Wix, Shopify, and Go High Level (or Systeme) provider sites. We’re also very familiar with Siteground, Blue Host, and Host Gator paired with Go Daddy and Name Cheap for Domains and Gsuite on the email provider end.

1.1-6 Website Copy Terms -

About Sections and Bios - We request that your bio’s be written by you, at least in synopsis form if you would like them on your website. We require this for credit service organizations, financial services companies, mortgage industry professions, and Real Estate Professionals as well as coaches and consultants. YOU are who sells your services therefore, building credibility online is crucial to the success of your business and your bio’s help your clients get to know more about you, you experience, and what sets YOU apart. We can write them ourselves and do however, an extra deposit fee of $250 will be added on to your invoice for any bio’s we need to write and you will need to make yourself available for a call so we can go through that process with you.

Custom Copywriting For Websites & Funnel Designs: Custom copy is a service we do offer at EmBeance Marketing & Design and while we do provide our signature copy services inside of our websites this copy serves as a template for you to change up if you so desire if you have not elected to go through our branding and or copywriting process in the brand strategy process. Custom copywriting fees are billable per the section or by the hour (whichever makes more sense for the project scope), and are written for SEO and optimized for conversions and click throughs to increase your conversion ratios. Our editorial process is extra and billable by the hour if you so elect to request changes, additions, or addendums to the scope of work. (Minor edits are fine and please remember we give our clients a 3 edit policy on all of our custom work - this includes content where need be).

1.2 - Custom Content & Article Terms and Conditions:

Custom, ghost written content is billable at an anticipated per project level, Services rendered in this arena include but are not limited to: Article Writing, Guide Writing, Copywriting, Sales Scripts, Webinar Scripts, Email Marketing, and Social Media Post Content.

All items ordered in this category will be written for you, and delivered to your email. We reserve the right to bill a non refundable deposit that includes the allocated time spent writing the materials plus a non refundable research fee if applicable.

Again, items purchased under this category will be emailed to your email address on file. It is your responsibility to set these items up inside of your systems if we have not been retained to do that for you.

1.3 - All Other Services Including Full Service Digital Marketing & Design Terms -

At the time of retaining EmBeance, we will send you an initial scope breakdown of services to be provided to you which serves as this document in addition to our fee breakdowns based upon your scope of work. Full service digital marketing can not occur until and unless our checklist of items performed in our audit process is complete. This is to 1) ensure that your ads and marketing are following best practices to produce the best results possible and 2) to ensure that your marketing and advertising is in compliance with all federal and state laws as applicable. (In rare cases at an international level because we do occasionally work with international brands even though this is rare).

1.4 - Paid Ads Terms & Conditions - 1x Ad Setups, Restructuring & Strategy Work:

From the time that you come to us, we will work with you to get you ready for a paid ads strategy and setup to then manage your campaigns under either our 3, 6, or 12 month contracts.

In order to complete this we will need:

Access into your primary ad account to complete this.
We will also need a valid debit or credit card to place on file with the platforms.
We will further need a copy of your business registration, EIN, and any licenses your business may hold / carry at the state / local or federal level if we are running Local Search Ads for you (LSA Ads).
A transparent copy of your logo in .png format
Any imagery that’s been designed for ads as relevant to your scope of work, and the ads. (This isnt mandatory and we can create this for additional graphic design fees).

We require our Google ads and other Paid Search Ads Clients to be fully transparent with both us as well as the platforms they are running on. Complete ownership information, complete business registration information, and other elements of full transparency are a must when running Google Search and Google LSA Ads as per their policies. Meta has very similar policies and we require the same information for our Meta and Tik Tok Ads Clients.

For Ecommerce Store Owners - We Charge A 1x Per Product Listing Audit and Optimization Fee to ensure that your products are optimized for best practices prior to listing them across Google Search and Google Shopping. This applies to Shopify and DropShipping clients due to the fact that many ecommerce store owners are simply adding products to their hearts content without optimizing the titles, and product descriptions that are full of typos, and errors. This service is billable at our current per product pricing fee and is non negotiable and mandatory for us to work on your product / store marketing.

Once You Have Shared All Of The Relevant Details In The Client Folder and File We Provide To You, Our Google Ads process then begins and starts with a formal audit of your account and all pre-existing data. This is billable and bookable under a 1x fee at $500 Per Audit, and you will receive a formal PDF Review that we will then review together in a formal 1 Hour Consultation Call post the completion of the audit. Audit turnaround times can take up to 7 business days, and purchasing your audit places you on our next available spot in our work order calendar. Within 72 business hours of purchasing your audit you will be emailed with your anticipated start date, and a request to book a call for your audit review session after x date. This audit is in depth, pin points the full coverage while adding visuals, and prepares us to take over your account with information, and real data at the forefront of what needs to be done. This step is 100% MANDATORY for us to take over your accounts.

If you so choose, the next step in the process begins with creating a formal strategy and implementing it inside of your campaigns. This is bookable at $1222 + $450 Per Ad Group Setup and covers landing page optimization, ad group setups or restructuring, keyword optimization, research, and implementation PER Best Practices and your own goals.

All management is billed separately.

For brand new Google ads accounts - Within 72 business hours of contract signing and payment, a request will be made to you via email to set up your onboarding call with us. In this call we’ll walk through setting up your ads account, and granting us administrative management access to implement the strategy that will be developed for your brand and business.

Failure to grant us access into a platform or upload credit card / payment information to your advertising accounts:

In the event that you do not fulfill your obligations to have a valid, working debit, credit card or other valid payment option accepted by the platform on your account(s) we will email you over all strategy work completed as well as ad copy and make no claims as to how that strategy will perform.

1.5 Ad Management Terms:

Ad Management Fees are billable at $497 per ad group + 11% of your adspend monthly. If an account is spending less than $4000 monthly we will bill you at a flat fee until this threshold is reached at $497 monthly per platform - once this threshold is reached your management fees will change to $497 + 11% of your ad spend. This fee is due and payable at the beginning of each management month (monthly on the date your contract is signed).

1.5-2 - No Guarantees:

Please note regardless of platform we offer absolutely no guarantees on lead or sale counts or projections, further, we offer absolutely no guarantees on cost per leads, and we do not make it a habit to forecast in any way shape or form but, instead practice a data driven approach to all of our marketing and advertising that serves a much larger purpose focused on higher quality intent over quantity in traffic numbers, and even leads.

1.6 - Social Media Marketing Terms & Conditions

Many of our solutions center around creating social media content, and social media marketing strategies to be implemented by our team. When you onboard with us for social media management members of our team will work on your behalf to build you out a social media marketing strategy that captivates your audience in order to compel them to take desired actions whether it be DM, call, email or fill out a lead form.

While we do offer post only creation services it is important for clients to understand that organic social media marketing efforts are not something that can happen overnight and posts alone very rarely make the difference you are looking for which is why we promote a strategy first atmosphere and experience led by a team of social media strategists and not just VA’s.

Social Media services are billable under our current retainer rates based upon time, content, and writing and no guarantees will be made since this is a courtesy service based around retainment of time for our team, knowledge, and understanding of the platforms.

Post Fees Average - $25 Per Design, $11 Per Headline Change out, and $35 Per Post or Youtube Video Upload.

Failure to pay these fees after ordering services on special request will result in marketing service termination, and being sent to collections.

1.7 - Search Engine Optimization

Search engine optimization begins with what is highlighted on your website for the world to see, then gets prefaced in various places across the back end of your website that aren’t noticeable to the common eye.

What Onsite Optimization Looks Like:

Home page and Individual Page Titles and Meta Descriptions

Image Alt Tag Descriptions - Filling these sections out also helps you to become in compliance with ADA compliance measures that are in place.

Image Descriptions - Users of most sites do not most commonly like seeing this as it tends to distract from design however, for ecommerce stores especially we do focus on image description writing, and on some platforms we can arrange it so that the search engines pick up on the descriptions that are there while making them invisible to the eye (this varies by platform) and we only work within the capabilities the platforms you’ve chosen give us the power to.

Site Speed, Design Pleasantries, Optimized Copy Designed For Readability Understanding and SEARCH. (Want to get technical or use different words in your copy that are not common or that may cause confusion - we do not recommend this. You most likely will not be ranked, and it will be very difficult to work on offsite SEO measures as well as Ads when you’ve elected to go outside the norm trying to create new trends that are not widely popular or even known) but this choice is ultimately yours.

Onsite internal link building between pages.

Onsite article creation services with link building between other pages on the website.

Offsite Strategies & Local SEO Work:

Directory listings
Citations
Link Sharing to websites requesting them to link to your onsite articles
Social Sharing across high domain authority social sites
Reputation Management site and profile creation. Please Note - We do NOT serve as customer service but we can serve as an extension of that team and work alongside of your customer service, risk and escalations management team (or help you implement one) for an additional fee.

1.8 - 1x Projects Terms

Any and all 1x projects that are not covered in prior sections fall under our 1x Project Terms based typically around custom orders from new and recurring clients. All 1x projects are subject to our no refund policy, and are billable on a per project deposit first basis. Please note, even for repeat clients we can no longer accept post pay work orders. Your work orders will NOT be completed until your non refundable deposit fee is paid for in full.

1.9 Email Marketing

We don’t work a lot with Microsoft based systems outside of skype and are very transparent about it. If you’d rather integrate Microsoft based solutions into your operations then we’re more than happy to work alongside a developer that can assist you in the setup of Microsoft products but we’d rather remain where our skillset is, and not tackle something we’re honestly not comfortable with.

Platforms we work on: Gsuite, Mailchimp, Active Campaign, Aweber, Constant Contact, Go High Level, Flow Track, Dispute Fox

Email Writing Costs: $35 Per Email unless otherwise stated.

Graphic Design Costs Per Email: As low as: $25 Per Template Created Then an additional $11 Per Email (We use the template as a base, then just switch out the headlines within similar to a social media or ad graphic that’s sized for Instagram)

2. Additional Content & Material Rights Of Use

By Requesting EmBeance Marketing & Design LLC to create, setup and optimize any material for you, you are hereby, accepting that you acknowledge, and understand that EmBeance Marketing & Design LLC materials grants you permission to utilize any and all material created by us for your brand and business across your marketing channels whether you are DIYing your marketing or leveraging our skills and team for marketing.

Any and all original designs that are designed for your brand and business will be kept on file for 2 years, and new design requests will be necessary for any print material that you may purchase later on down the road that require edits, changes, team changes etc... If you have team members that need to onboard that will need print materials (business cards, flyers, social media imagery etc) that are on brand, additional team member material will be billable at current pricing unless your team has specialty account level pricing with us.

We further, reserve the right to highlight any and all work done for you on and in our portfolio, social media channels, and website as well as reserve the right to place a designed by backlink on your website to direct others to our website that may be interested in our services.

We also reserve the right to highlight the work we’ve done for you on our website and across our portfolio and social channels by placing a link to your website on our website so that you can begin earning domain authority with additional backlinks.

The EmBeance Marketing & Design 1x Project Retainer Agreement

In choosing to work with EmBeance, our named partners, associates, employees, and contractors you understand, and agree to committing to the following:

Adhering To Our Onboarding Process:

Regardless of service inquiry type, once you agree to our strategy first policy, and make your retainer deposit payment, our team will open your client folder, and make it available to you.

Shared Files With You:

Inside of your client folder you’ll find:

A Folder Labeled EmBeance Administrative Files Shared With You:

A signed copy of your scope.
This agreement - signed and dated.
A W 9 Depending Upon Your Scope and The Terms Of Our Agreement.

A Folder Labeled Files Shared With EmBeance

In this folder you will need to upload:

A transparent version of your Logo
A Google Sheet With Each Of The usernames and Passwords needed To Assist You (Company email login, Website Login, CRM Login, Domain Provider Login, Google Ads Login, Google Analytics and Tag Manager Login, Facebook, Instagram, and Linkedin Login, Youtube Login, and Email Nurturing Provider Login are the most frequently needed by me but, all depend on your scope)

A Copy Of Your Business Registration (For All Businesses - Not Necessary For Personal Brands)
Your EIN Number (If You Have One)
A Professional Headshot - If We Will Need It For Your Bio, or Personal Branding.
Any Imagery or Creative We Will Need. (This includes videos and links to youtube or canva videos)
Any Service Descriptions Or Offerings We Will Need.
A Copy Of Your Drivers License (Ad Platforms Now Require This) And We Further Ask For It To Ensure You Are Who You Say You Are To Prevent Fraud.
Your Full Business Address
A credit or debit card to place on file with us for ad billing

Should a problem occur during this process, please don’t hesitate to reach out and let our team know by emailing us at Info@EmBeance.com

Onboarding Process Holds -

In the event that we have to place your account on hold while waiting for onboarding login information, images, pricing, any relevant terms that need to be disclosed, a copy of your logo and or a professional picture of you, We will follow up with you weekly for a total of 2 weeks to remind you but, our policy is finalize your scopes typically within the first 2 weeks of your anticipated start date. When these items are all uploaded, please send us a quick note to Info@EmBeance.com and let us know so we can double check. Should a total of 15 days pass after your deposit has been paid and your start date has began we will release the previously designed website template or other work done for you to you without the missing items, and any additional changes will be billable at an additional fee since our services are billed by the hour, day, week, and month set forth and broken down inside of your scope of work.

Abiding By Our Unacceptable Practices

As EmBeance Marketing & Design (EmBeance) aims to offer top level service in Digital Marketing, strategy development, research and development, and even design, there are certain guidelines and policies that must govern the efforts and relationships with our clients at EmBeance Marketing & Design LLC. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of services with EmBeance Marketing & Design with no refund being granted on acts that we deem to be intentional if we find out about it. Such decisions are at the sole discretion of Misty Burrell, CEO of EmBeance Marketing & Design, and if discovered or uncovered we are held by law to work with regulatory agencies, and law enforcement while being required by law to cease all assistance to you immediately in many of these cases - see section 2 at the bottom for appropriately related instances where this will be applicable. Unacceptable practices include, but are not limited to:

Any form of Blackhat marketing what-so-ever is completely out of compliance with our terms of use, and guidelines for clients.
Intentional or unintentional violations of any applicable local, state, national or international law.
Illegal activities such as credit sweeps, CPN’s, au tradeline sales or endorsements, CPN sales, ponzi schemes, pyramid schemes, MLM’s, fraudulent charging of credit cards, fraudulent chargebacks (any friendly fraud) including your endorsements or course or material creations centering around these arenas, Fraudulent Creation Of Documents, Fraudulent Creation Of E-Checks, etc…
Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties including the unaltered use of AI content being taken from many of the custom providers out there and plugged into the coding of these systems.
Any Product Service Or Business that violates the rights of others in any way.
Distribution of internet viruses or other harmful or destructive activities
Hacking and cracking

Scams or phishing for personal information
Fake Review Generation - As a general policy while we know that the reputation of a company is important we have a 0 tolerance policy on the generation and publishing of fake reviews.
Selling or Reselling of any accounts or lists that contain prospect, lead, client or any other kind of consumer, employee, or other form of a “list”.
Spamming and all other forms of unsolicited messages.
Bringing another Agency, Freelancer or company on for Automations SEO, Website Content, Blog Content, PPC, SEM, SSM, SMM, Email or SMS marketing etc…..without our prior written approval and giving us full control over what is published. While this is a 1x Project we do not make it a habit to hand over admin controls to 3rd party agencies or our clients for automations, lead gen or any other reason. This is due to the fact that if we create your website and any 3rd party including yourself takes you out of compliance we can be held liable for creating what turns out to be basically a front.

Infringing on the intellectual property of our firm or the IPR’s (Intellectual Property Rights) of others.

Violating copyright laws, and “stealing” the materials of others for any DIY marketing, or advertising in print material, imagery, and or video’s produced and published for yourself, your business or your organization.

Publicizing bias opinions across social media - example: “Consumers needing credit repair are deadbeats that don’t pay their bills but they have money for the club, monster drinks, and starbucks” Example 2: “Consumers facing foreclosure and eviction are deadbeats that don’t pay their bills and need to go get a job.” Regardless of your opinion - if you are in consumer credit or real estate services including banking, credit repair, credit services, lending, mortgage lending or real estate this is in-fact illegal under HUD’s rules and is punishable by both the FTC as well as FCC in addition to NMLS and the MLS in cases of real estate and mortgage as applicable. If you want to lose your license and not be allowed to work with EmBeance - that’s fine. If you want to keep your license and stay in compliance - please avoid statements like above regardless of your opinion.

Intentionally placing orders with your account manager, your sales representative or through our online portal when in reality you have no intention or capability of paying for your orders.

3. Honoring Our Fee Structure:

When and If EmBeance Marketing & Design accepts a contract for services, any and all time and resources booked will be compensated for by the client.

By signing this retainer agreement; You agree to pay EmBeance Marketing & Design (EmBeance) the agreed upon fees for the services requested at our current hourly and or retainer rates under our deposit first schedule.

Our hourly rates and fee structures are subject to change without prior notice.

We reserve the right to provide discounts and offer sales at our sole discretion.

3.1 - Honoring and Following Our Payment Terms

For 1x Projects:

Deposits book your project(s) out exclusively on our calendar and are non refundable. Any additional time taken past the allocated time frame previously paid for under your scope of work and invoices will be billed for according to our fee structure, and or hourly rates at the time of your requests - in the case of most of our clients, these additional fees will be due and payable upfront prior to any and all work being completed. No refunds will be granted for projects that have been completed per the agreed upon scope but where the client is now requesting additional changes be made that take them outside of the agreed upon scope of work and allocated amount of time for the project.

Please note: Changing your mind, and changing direction is not a cause to request or demand free work. ALL WORK ORDERS are billable - even review requests - even changes of addresses to your website - even pricing changes to your website or marketing material. ALL MINUTES and HOURS dedicated to your business and work orders are billable under our policies.

For Recurring Services, and Ongoing Services:

Recurring monthly management services are billed approximately 10 days in advance of your due date and MUST BE PAID IN FULL prior to services being rendered. Your due dates will be highlighted approximately 3 Business Days (Weekend and Holiday Dependent) in advance of your next scheduled month. In the case of weekends or holidays your due date will change to 3 days before the scheduled holiday to ensure there is no interruption of services.

Please note: Effective May 2023 - We now require a MINIMUM of a 3 month commitment. Therefore, when we bill you, we will bill you for 3 months in total. While you are free to make monthly payments, you are invoiced for the total time of your commitment.

Please see section 3.6 and 3.7 for more information on how we handle late payments, and early termination of accounts.

3.2 - Acceptable Payment Forms Include:

Cashiers Check, Gusto, Zelle Debit or Credit Card (No Amex). We reserve the right to refuse amex charges, and will not onboard you until your retainer and any associated fees applicable to your retainer and or scope of work is paid for with a different payment method.

A W9 will be provided to ALL clients inside of your client portal once you’ve onboarded.

3.3 Placing New Orders, and Acceptance Of Our Customer Service Policies:

Our Office hours are Monday - Friday 10am til 6pm Eastern with our last call for the day being at 4pm most days. We are closed weekends, and all federal holidays we are also additionally closed July 3rd each year, Wed - Sunday of Thanksgiving weekend, and are closed December 21st - December 25th returning December 26th and closing again on December 31st and January 1st for New Years.

For customer service related manners we request that you call us at 678-941-9330 or email us at Info@EmBeance.com you may also elect to fill out the support ticket form on our website - due to weekends or holidays there may be a delay in response of up to 48 business hours to address you or you may alternatively fill out our support ticket request form at the bottom of our website. Please note there may be an additional wait time of up to an additional 48 business hours around thanksgiving, and the week of Christmas since we do take additional time off around the holidays.

3.4 Non Disclosure and Use Permissions On All New Strategy and Work Order Requests:

The client understands that whether they are an active client of EmBeance Marketing and Design or not, all prospective clients and clients that place a work order request, request a scope of work from us, and or request a letter of intent to retain with a scope of work are not permitted to utilize our scope’s, not permitted to share our scope’s, not permitted to utilize pre-emptive strategies or complete strategies either internally or through a 3rd party agency without payment to EmBeance Marketing and Design for created strategy and consulting billable at $150 hourly or the total presented inside of your scope of work, whichever is greater.

It is due to this policy that team members, contractors, employees, and decision makers of EmBeance Marketing and Design do not work with non decision makers of our clients to prevent theft of services, theft of conceptual strategy, and theft of billable work which in turn protects all decision making parties involved (and we thank you for your understanding in this matter) but it really is to protect you, your business and us because this has unfortunately happened more than once and is now our policy as a result.

Any and all calls with team members will be billed accordingly under our hourly and or consulting fee structure and any and all work requests must go through our corporate director sign off process.

Social Media Direct Messages:

Please understand that we do not actively communicate with clients over social media as social media is NOT a secure method of communication nor is it safe for password sharing, and transferring of sensitive files. Your client google drive folder that stores all of the information needed to securely assist you, and share files as necessary is the ONLY method of file uploads that we permit as it is a secure channel, and is further HIPPA compliant and a secure platform for data and information sharing.

SMS Messages: We DO NOT CONSENT to receiving SMS messages from ANY of our clients. Our phone line is a call in only line therefore SMS messages will not be read, received or returned.

3.4 Refund Requests:

Because EmBeance Marketing & Design is booked on retainer for our time, under no circumstance will EmBeance Marketing & Design LLC issue refunds for any of our design and marketing services retained by a deposit or where we have worked on your project, or accounts as described and outlined (and signed off) on your Scope of Work.

Exceptions To Our No Refund Policy Include:

You did not actually retain us, and were the victim of ID Theft.

3.5 Chargebacks:

By signing their scope, and proceeding to make a payment, the Client is consenting to the terms as outlined in our terms of service, which further serves as our client agreement in FULL TRANSPARENCY upfront waiving the right to pursue any charge backs for debit or credit card payments processed by the Company since our billables are based around time booked exclusive to your brand and business.

Should a chargeback occur - all work that we have done for you will be taken offline or kept offline and we will file a criminal police report for theft of services while sending you to collections if you somehow win a chargeback.

This is not a practice that we take lightly and friendly fraud / Theft of services is a CRIME punishable by fines and even time in jail in every single state across the US.

3.6 Our NSF & Late Fees Policy:

NSF Fees: A $35 NSF Fee Will Be Billed To You For Any And All NSF Fees.

Late Fees: A 15% Late Fee Will Be Applied To ALL Invoices That Are Paid Past The Due Date Listed On Your Invoice.

3.6.1 Retainer Clients - Late Fees Policy:

Your monthly invoice will be sent out through email and or our payment processor approximately 10 days prior to your bill coming due. Invoice due dates are at least 3 days prior to your next round starting. Failure to pay this invoice before the end of the day on the date listed as your due date will result in a 15% of the total balance due late fee and your account will go on hold. If 14 days pass and your account has not been paid for we will send you a full monies due invoice for the remainder of your contractual obligation under your existing scope of work, and this retainer agreement,+ the allocated late fee. If after 45 days your account has not been paid in full, our team will pass your account off to our 3rd party collections team that we have retained with your consent at the time of the signature of this client agreement and terms of service.

3.7 Our Right To Retain 3rd Party Collection and Accounts Receivable Assistance:

If a total of 45 days passes and the client’s account is delinquent and past due, I understand that EmBeance Marketing and Design LLC will retain the assistance of a 3rd party collections firm to assist them in collecting past due funds to Include NSF Fees and late payment fees of 15% of total monies due.

By signing this client agreement, and retaining the services of EmBeance Marketing & Design I understand that this account, as a result may be listed on my personal credit reports and or be highlighted and reported to the business credit bureaus as well for any money due to EmBeance Marketing & Design LLC.

4. Representations and Warranties; License and Grant of Rights

EmBeance Marketing and Design LLC ("EmBeance") represents and warrants to the Client that: a) It has the necessary expertise, skills, and resources to provide the Services outlined in this Agreement. b) The Services will be performed in a professional and timely manner, adhering to industry standards, as well as federal and state laws surrounding the client’s business. c) The work delivered under this Agreement will not infringe upon the intellectual property rights of any third party.

The Client represents and warrants to EmBeance that: a) It has the authority to enter into this Agreement and to grant EmBeance the rights and permissions necessary to perform the Services. b) It owns or has obtained all necessary licenses, permissions, and approvals for any materials, content, or intellectual property provided to EmBeance for the purpose of the Services. c) The Client's materials, content, or intellectual property provided to EmBeance do not infringe upon the intellectual property rights of any third party.

4.1 Grant Of Rights:

Upon receipt of full payment, and after the timeframe to be able to initiate and win any chargebacks has passed; EmBeance Marketing and Design LLC ("EmBeance") will grant the Client a royalty-free license to use the final deliverables produced by EmBeance as part of the Services provided, solely for the Client's internal and promotional purposes. Examples of this include the live website in it’s final capacity, .png, .pdf and or .jpeg files for design orders.

The Client agrees and acknowledges that the rights granted under this Agreement are solely for the Client's own use and benefit and may not be transferred, assigned, or sublicensed to any other outside party, including other marketing agencies or third-party freelancers, without the prior written consent of EmBeance during or after our contract of services ends.

The Client further agrees not to provide access to, disclose, or share any material protected under US Copyright laws of 1957 and 1976, any intellectual property, materials, or deliverables created by EmBeance with other marketing agencies or third-party freelancers, except as specifically authorized by EmBeance in writing.

EmBeance retains all rights, title, and interest in and to the intellectual property, materials, and deliverables created as part of the Services, except for the rights expressly granted to the Client under this Agreement or as an addendum to this agreement if one has in fact been created as is industry standard, and protected under US copyright laws of 1957 and 1976 and onward as applicable.

In the event that the Client wishes to engage the services of another marketing agency or third-party freelancer for similar or related work, the Client must obtain written consent from EmBeance to utilize any and all materials created by EmBeance under the US Copyright act of 1957 and 1976 including but, not limited to the clients website, ad copy, ad graphics, marketing strategy, or landing pages. EmBeance reserves the right to withhold such consent in its sole discretion under US Copyright law to ensure adherence to the FTC Act as well as UDAAP (Unfair and Deceptive Acts And Practices) and may terminate services with the client if this clause is violated.

Any unauthorized use, disclosure, sharing, transfer, assignment, or sublicensing of the intellectual property, copyrighted materials, strategies, d campaign development, or deliverables created by EmBeance, as well as any violation of the terms of this Agreement, may result in termination of the Client's rights under this Agreement and may subject the Client AND the 3rd party agency utilizing these materials and or strategies to legal action.

By signing below, both parties acknowledge that they have read, understood, and agreed to the terms of the Grant of Rights, including the prohibition on the use of intellectual property and materials by other marketing agencies or third-party freelancers, as stated in this Agreement.

5. Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, patent, invention or any other non-disclosure rights of any third party. You indemnify and hold harmless EmBeance Marketing & Design (EmBeance) against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to EmBeance Marketing & Design LLC (EmBeance) resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement. Further, you agree to pay any attorney fees, court fees, legal fees, and travel fees etc…if EmBeance Marketing & Design is ever subpoenaed as the result of any legal action brought up against your business where we are named in the lawsuit, questioned, or brought in as a witness.

6. No Guarantees

You acknowledge and agree that EmBeance Marketing & Design (EmBeance) makes no specific guarantee or warranty that any strategy or solution provided to you will have any impact on lead generation, or close of sales. While our goal is to create lasting material to help our clients create platforms, ads, and material that has an intent to compel, captivate, attract, and convert, we can not guarantee that the material on its own will have that effect on your business or future business (if yet to be incorporated).

7. Disclaimer of Warranties

To the maximum extent permitted by applicable law, EmBeance Marketing & Design (EmBeance) and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, with regard to EmBeance Marketing & Design (EmBeance) services.

8. Limitation of Liability and Applicable Law

EmBeance's liability under this Agreement shall be limited to the total amount paid by the Client to EmBeance for the Service(s) in question so long as we are the exclusive agency and no one else has touched the materials, platforms, and or website or content. In no event shall EmBeance be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or business opportunities.

By signing below, both parties acknowledge that they have read, understood, and agreed to the representation of warranties and grant of rights as stated in this Agreement.

Further, EmBeance Marketing & Design (EmBeance) will have no liability in connection with the functionality or content of any search provider or internet publisher or website not owned by EmBeance Marketing & Design LLC (EmBeance). This agreement shall be governed and construed by the laws of the State of Georgia in Muscogee County unless members of our team physically travel to your location to complete projects, in which case the laws of your registered state, and county will apply in accordance with GA Code 1-3-9.

9. Force Majeure

Neither you nor EmBeance Marketing & Design (EmBeance) will be in breach of its obligations under these Terms and Conditions of Service (other than an obligation to pay monies due) in the event that, for causes) beyond reasonable control, either party is unable to perform, in whole or in part, any one or more of its obligations.. Such causes will include, but not be limited to governmental regulation, platform regulation, platform policy changes, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions of the internet, or electricity, website downtimes, advertising platform downtimes or any other causes not within the reasonable control of either party.

10. Competitors and Competitor Affiliation Within Your Industry.

We reserve the right to take on other industry members with different campaigns at the local, state, and national scale so long as all companies that we are affiliated with are not promoting any illegal activity and are following our as well as platform, state, and regulatory law.

We further reserve the right to keep in tact any competing aspects of our or our clients business that may be in direct competition with your business. We will not sign a non compete. However, Non disclosure agreements are dependent upon the terms of that Non Disclosure and are dependent upon it’s regard. We value the business of our clients and mutual loyalty is important to us however, it is with that said that no 2 businesses we take on are ever alike, and will not be copied, replicated or mass marketed with the same strategy(s) as your brand and business. If you have any questions about this policy please email us at info@EmBeance.com or speak with your account manager / sales associate.

11. Assignment

EmBeance Marketing & Design (EmBeance) may assign, delegate, or subcontract any rights or obligations under these Terms and Conditions of Service as EmBeance deems necessary.

12. Miscellaneous

The Terms and Conditions of Service set forth, represent the parties’ entire agreement with regard to EmBeance Marketing & Design LLC (EmBeance)’ provision of services. Agreement with these terms and conditions is upon signature of EmBeance Marketing & Design’ (EmBeance)’s Contract, and it will be binding upon you and your successors.

13. Authority

The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company, and is a named decision maker for the services being requested from us.