Terms of service

Welcome to TFC Marketing. These Terms of Service ("Terms") govern your use of our website located at tfc.marketing (the "Site") and the digital marketing, design, and development services we provide (the "Services").

By accessing our Site or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Scope of Services

TFC Marketing provides a variety of digital marketing services, including but not limited to paid media management, search engine optimization (SEO), email/SMS marketing, branding, and web development. The specific details, deliverables, timelines, and pricing for your project will be outlined in a separate written agreement, proposal, or Statement of Work ("SOW") signed by both parties. In the event of a conflict between these Terms and a signed SOW, the SOW will take precedence.

2. Client Responsibilities

To ensure we can build and execute your growth engines effectively, you agree to:

  • Provide timely access to necessary assets, including brand guidelines, images, website access, and advertising accounts (e.g., Meta Business Manager, Google Ads).
  • Respond to requests for approvals, feedback, and necessary information in a timely manner. Delays in Client response may result in shifted project timelines.
  • Ensure that all materials provided to TFC Marketing do not infringe on the intellectual property rights of any third party and comply with all applicable laws (including specific advertising compliance laws for Alternative Wellness/CPG brands).

3. Fees and Payment Terms

  • Invoicing: Fees for our Services will be outlined in your SOW. Monthly retainer fees are generally billed in advance of the month of service.
  • Ad Spend: Unless explicitly stated otherwise, our agency fees do not include advertising spend. Ad spend is billed directly to the Client by the respective platforms (e.g., Google, Meta).
  • Late Payments: TFC Marketing reserves the right to pause campaigns, halt web development, or suspend Services if invoices are not paid within [Insert Number, e.g., 7 or 15] days of the due date.
  • Refunds: Due to the custom and labor-intensive nature of digital marketing and web development, all fees paid are non-refundable unless otherwise specified in your SOW.

4. Intellectual Property

  • Client Materials: You retain all ownership rights to the assets, logos, and materials you provide to us.
  • Deliverables: Upon full payment for the Services, TFC Marketing grants you ownership of the final, delivered assets (e.g., final website code, ad creatives).
  • Agency IP: TFC Marketing retains ownership of our proprietary frameworks, internal strategies, templates, and background technology used to create your deliverables. We grant you a non-exclusive, royalty-free license to use these elements solely as incorporated into your final deliverables.

5. Confidentiality

Both parties agree to keep confidential any proprietary information, trade secrets, business strategies, and customer data shared during the course of the partnership. This information will not be disclosed to any third party without prior written consent, except as required by law.

6. No Guarantees of Results

While TFC Marketing utilizes industry-leading strategies to maximize your ROI and scale your business, digital marketing involves third-party platforms (like Google, Shopify, and Meta) whose algorithms and policies change frequently. Therefore, we do not guarantee specific outcomes, including but not limited to exact sales figures, return on ad spend (ROAS), website traffic volume, or search engine rankings. ### 7. Limitation of Liability To the maximum extent permitted by law, TFC Marketing and its team shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of your use of our Services. In no event shall TFC Marketing’s total liability exceed the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

8. Termination

Either party may terminate the Services in accordance with the notice period specified in your active SOW (typically 30 days' written notice). Upon termination, the Client is responsible for payment for all work completed and expenses incurred up to the effective date of termination.

9. Third-Party Tools and Services

We may utilize or recommend third-party platforms, plugins, or software (e.g., Shopify apps, CRM systems) to execute our Services. We are not responsible for the performance, uptime, or security of these third-party tools.

10. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Miami-Dade County, Florida.

11. Changes to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated "Effective Date." Your continued use of the Site or Services after any changes indicates your acceptance of the new Terms.

12. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: