Client Service Agreement

Who We Are

Egmer Marketing LLC is a full-service marketing agency providing custom website design and development, logo and brand identity, email marketing automation, and AI-powered solutions for small and local businesses. We are based in Wichita Falls, Texas.

Agreement to Terms

By submitting payment to Egmer Marketing LLC through any payment link, invoice, or checkout page, you (“Client”) agree to be bound by this Client Service Agreement (“Agreement”). This Agreement is effective as of the date payment is received.

If you do not agree to these terms, do not submit payment.

1. Services

Egmer Marketing LLC (“Agency”) will provide the services described in your onboarding materials or the service plan you selected at checkout. Services may include:

• Custom website design and development
• Search engine optimization (SEO)
• Answer engine optimization (AEO)
• Google Business Profile optimization
• Content creation and copywriting
• Branding and logo design
• Email marketing setup and automation
• Ongoing website maintenance, hosting, and security updates
• Other digital marketing services as agreed in writing

2. Website Ownership

When Agency builds a website for Client, Client owns it. Completely. No strings attached.

Agency will deliver all final website files to Client upon project completion. If Client ever decides to leave, Agency will transfer all files to Client or to any server or party Client designates. After transfer, Client or Client’s chosen team is responsible for getting it live and keeping it running.

Agency does not hold websites hostage. Ever.

3. Monthly Subscription

If Client activates a monthly subscription, the following terms apply:

What is included: The monthly subscription covers unlimited content updates, website hosting, and ongoing security updates, as described in the plan Client selected.

Billing: Subscription fees are charged on the date Client activates the subscription and recur on that same date each month.

Cancellation: Client may cancel at any time by providing 30 days written notice to Agency. Client is responsible for fees through the end of the 30-day notice period. There are no cancellation penalties.

No lock-in: Client is never locked into a long-term contract. Month-to-month, always.

4. Payment

Payment is due as described in the plan or proposal Client agreed to at checkout. All fees are in U.S. dollars.

If a payment fails or is not received within 10 days of the due date, Agency reserves the right to pause active services until the account is current. Pausing services does not cancel Client’s payment obligations.

If Agency must pursue collection of unpaid amounts, Client agrees to reimburse Agency for reasonable collection costs, including attorney fees, to the extent permitted by applicable law.

All fees paid are non-refundable unless Agency expressly agrees otherwise in writing.

5. Client Responsibilities

Agency’s ability to deliver great work depends on Client’s participation. Client agrees to:

• Provide all content, brand assets, photos, and materials Agency needs in a timely manner
• Designate one person who can make decisions and give approvals on behalf of Client
• Review deliverables and provide feedback or approval within 48 hours of receipt
• Purchase any third-party tools, software, plugins, domain names, hosting accounts, or services independently — Agency does not purchase these on Client’s behalf and is not responsible for third-party costs or performance
• Grant Agency access to any accounts or platforms needed to perform the services (website hosting, Google, social media, etc.)

6. Intellectual Property

Client owns final deliverables. Once a project is complete, Client owns all custom work Agency produced for them — including website files, written content, and design assets created specifically for Client.

Agency owns its background IP. Agency retains ownership of its pre-existing tools, methodologies, frameworks, processes, and templates. Nothing in this Agreement transfers Agency’s proprietary systems or know-how to Client.

Third-party assets. Any third-party assets incorporated into deliverables (fonts, stock photos, plugins, licensed software) are subject to their own license terms. Client is responsible for maintaining any licenses needed for continued use of third-party assets.

Client-provided assets. Client represents that it owns or has the legal right to use all materials, logos, images, and content it provides to Agency. Client is responsible for any claims arising from Agency’s use of Client-provided materials.

7. Portfolio Rights

Client grants Agency the right to display completed work in Agency’s portfolio, website, social media, case studies, and marketing materials. Agency will not share confidential Client information in connection with portfolio use.

8. Indemnification

Client agrees to defend, indemnify, and hold harmless Egmer Marketing LLC and its members, employees, and contractors from any claims, losses, or expenses (including attorney fees) arising from:

• Client’s breach of this Agreement
• Client’s use of deliverables in ways not covered by this Agreement
• Any claim that materials Client provided to Agency infringe a third party’s rights
• Client’s own negligence or misconduct

Agency agrees to indemnify Client against claims arising from Agency’s own gross negligence or willful misconduct.

9. No Guarantees

Agency will perform all services professionally and in accordance with industry standards. However, Agency does not guarantee specific business results, search engine rankings, website traffic, leads, revenue, or any other performance outcome. Marketing results depend on many factors outside Agency’s control.

10. Limitation of Liability

Agency is not liable for indirect, incidental, consequential, or punitive damages of any kind.

Agency’s total liability for any claim related to this Agreement is limited to the total amount Client paid to Agency in the three months before the claim arose.

11. Termination

Either party may end this relationship at any time with 30 days written notice. Client remains responsible for fees through the end of the notice period. Agency will deliver all completed work to Client upon termination.

If either party materially breaches this Agreement and does not cure the breach within 10 business days of written notice, the other party may terminate immediately.

12. Governing Law

This Agreement is governed by the laws of the State of Texas. Any disputes that cannot be resolved through good faith discussion will be resolved by binding arbitration in Wichita Falls, Texas, under the rules of the American Arbitration Association. The prevailing party is entitled to recover reasonable attorney fees and costs.

13. General

• This Agreement is the entire agreement between the parties on these subjects and supersedes any prior discussions or understandings.
• If any provision is found unenforceable, the rest of the Agreement remains in effect.
• Agency is an independent contractor, not an employee or partner of Client.
• Notices may be sent by email to the addresses on file for each party.
• Electronic acceptance (including payment submission) constitutes a valid, binding signature.

Questions?

If you have questions about this Agreement before submitting payment, contact us at hello@egmermarketing.com.