Visionary Marketing Services LLC

Last Updated: April 3, 2025

Welcome to Visionary Marketing Services™ LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website and the services we provide. By using our website or engaging with our services, you ("Client," "you," or "your") agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or services.

1. Introduction & Acceptance

These Terms create a binding agreement between you and Visionary Marketing Services™ LLC, a Florida limited liability company. If you are accepting these Terms on behalf of an organization or business entity, you represent that you have authority to bind that entity.

We primarily serve business (B2B) clients, but individual (B2C) customers may also use our services. You affirm that you are at least 18 years old and have legal capacity to enter into these Terms.

Use of our services also signifies your acceptance of our Privacy Policy, which is incorporated by reference.

2. Scope of Services

2.1 Description of Services

We offer a wide range of digital marketing services, including:

Strategic campaign planning
Multi-channel marketing
Content creation
Email marketing
Social media management
SEO and PPC services
Performance analytics and reporting

We may also provide future services such as digital products, SaaS tools, or templates, which are governed by these Terms and any supplemental terms presented at the time of access.

2.2 Statements of Work (SOW)

Each engagement will be defined by a separate agreement (proposal, order form, or SOW), which incorporates these Terms by reference.

3. Client Responsibilities

You agree to:

Provide accurate, timely information and materials
Maintain lawful use of all data and content you supply
Ensure legal compliance when supplying personal data (e.g., for email marketing)
Cooperate with us to ensure project success

You warrant that all shared data complies with laws including, but not limited to, GDPR, CCPA, CAN-SPAM, and other data privacy regulations.

You must also ensure lawful and ethical use of deliverables and online tools, and avoid any prohibited, unlawful, or harmful conduct.

4. Payments, Fees & Taxes

4.1 Fees

Our service fees may be structured as flat-rate, hourly, retainer, or performance-based. Specific pricing and payment terms will be set forth in your agreement or SOW.

4.2 Payment Terms

Unless otherwise stated:

Project work: 50% deposit upfront; balance due on completion
Retainers: Monthly billing on the 1st
Hourly work: Bi-weekly or monthly invoicing
Default terms: Net 30

Late payments incur a 1.5% monthly interest (or maximum allowed by law). We reserve the right to suspend or terminate services for unpaid balances after a 7-day notice period.

4.3 Refunds

Payments are non-refundable unless otherwise specified. Refunds (if any) are at our sole discretion and may be reduced by an administrative fee of 20%.

4.4 Taxes

You are responsible for applicable taxes except those based on our income.

5. Intellectual Property

5.1 Client IP

You retain rights to all materials you supply. You grant us a non-exclusive license to use those assets for the duration of the engagement.

5.2 Deliverables

Final deliverables become your property upon full payment. Where applicable, deliverables are treated as "work made for hire." Drafts, templates, or unused designs remain our property.

We retain the right to display non-confidential work in our portfolio. You may opt-out of public display by written request.

5.3 Third-Party IP

You will be informed of any licensed or third-party content used. We will secure appropriate licenses, and you agree to abide by the associated usage rights.

6. Confidentiality

Both parties agree to protect confidential information and only use it for the intended business purposes. Confidentiality obligations continue for three (3) years after the termination of this agreement, and indefinitely for trade secrets.

We will not disclose your confidential data without permission, except as required by law.

7. Disclaimers

7.1 As-Is Services

Our services and deliverables are provided "as-is" and "as available." We disclaim all warranties, including but not limited to:

Fitness for a particular purpose
Accuracy of outcomes
Compatibility with third-party platforms

7.2 No Guarantee of Results

Marketing outcomes depend on factors outside our control (e.g., algorithms, trends, economic conditions). We do not guarantee specific results or ROI.

7.3 Legal Compliance

We are marketing professionals, not legal advisors. It is your responsibility to ensure compliance with advertising laws in your industry.

8. Limitation of Liability

8.1 Indirect Damages

We are not liable for indirect, incidental, or consequential damages, including lost profits, business interruption, or reputational harm.

8.2 Liability Cap

Our maximum liability is limited to the amount you paid for the specific services giving rise to the claim, within the six (6) months prior to the incident.

9. Indemnification

You agree to indemnify and hold harmless Visionary Marketing Services and its representatives from any third-party claims arising from:

Materials you provided
Violations of these Terms
Unlawful use of our services

We will notify you of claims and allow you to control the defense, at your cost.

10. Term & Termination

10.1 Term

These Terms remain effective for the duration of our engagement.

10.2 Termination for Convenience

Either party may terminate services with 30 days' written notice. Retainer clients must pay for services rendered through the notice period.

10.3 Termination for Breach

Either party may terminate immediately upon a material breach if not cured within 14 days of written notice.

10.4 Effects

Upon termination:

All services will cease
All outstanding payments are due
Confidential data must be returned or deleted
Surviving clauses remain enforceable

11. Governing Law & Disputes

These Terms are governed by the laws of Florida, USA. Any disputes shall be resolved in the state or federal courts of Florida, and you consent to personal jurisdiction in Florida.

Before resorting to litigation, both parties will attempt to resolve disputes through informal discussions or voluntary mediation.

The prevailing party in a legal dispute is entitled to recover reasonable attorneys' fees and costs.

12. Updates & Changes

We may update these Terms at any time. Material changes will be posted prominently, and continued use of our services after an update constitutes acceptance.

If you have a signed service agreement, changes will not apply retroactively without your consent.

13. Privacy Policy Integration

Your use of our services is also subject to our Privacy Policy, which outlines:

What personal information we collect
How we use, store, and protect your data
Your privacy rights under laws like CCPA, GDPR, and others

You can access our Privacy Policy at: https://visionarymarketingservices.com/privacy-policy

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with any proposal or SOW, represent the entire agreement between us.

14.2 Severability

If any provision is unenforceable, the rest remain in effect.

14.3 Waiver

Failure to enforce any provision does not waive our rights.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign or subcontract our responsibilities with appropriate safeguards.

14.5 Notices

Notices may be sent to the emails listed in the agreement and are considered delivered upon confirmation.

14.6 Independent Contractor

We are independent contractors and not employees, partners, or agents.

14.7 Force Majeure

We are not liable for delays caused by events beyond our reasonable control (natural disasters, outages, war, etc.).

Contact

If you have any questions about these Terms or how we do business, feel free to reach out:

Email: joshua@visionarymarketingservices.com
Contact Form: Available on our website

We're committed to professionalism, transparency, and your business success — thank you for trusting Visionary Marketing Services™.