Terms of Service

This Terms of Service Agreement (“Agreement”) is made and entered into by and between:

Clark Studios, Inc. 270 Bristol St. Suite 101 · PMB #102
Costa Mesa, CA, 92626
USA
(“Service Provider”)

and


(“Client”)

This Agreement will be effective upon the Client agreeing to the terms and conditions outlined in the intake form where this Agreement is located.

1. Services Provided

The Service Provider agrees to provide the following services (“the Services”) as part of the selected package (Design, Marketing, Automation, or Unlimited Plan):

a. Design Services (if applicable):

Creation of social media posts, display ads, and various design deliverables, including landing pages, email templates, logo refresh, flyers, business cards, and sales deck presentations.

b. Marketing Services (if applicable):

  • Search Engine Optimization (SEO), Pay-Per-Click (PPC) ad management, digital campaigns, copywriting, Google search ads, and creation of drip email campaigns.

c. Automation Services (if applicable):

  • Automated customer journeys, insights, custom dashboards, automated notifications, and retargeting ads.

d. Unlimited Plan:

  • Combination of Design, Marketing, and Automation services for maximum impact and streamlined brand success.


Note: The Unlimited Plan is unlimited in its ability to queue tasks, meaning there is no cap on the number of requests the Client can make. However, the scope and quantity of individual tasks are subject to reasonable limits to ensure quality and efficiency. The plan provides unlimited possibilities for service requests, which will be addressed in the order they are received.

Important Clarifications:

  • Media spend, printing, and other ancillary additional costs are not included in the package prices and will be billed separately.

  • Larger projects that fall outside the standard scope of services or require priority handling will be quoted separately.

  • EXCLUDED: Our services do not include custom website design or interactive landing page elements, such as responsive HTML/CSS design. We also do not provide printing services or cover printing costs for physical materials like business cards, flyers, posters, or banners. Additionally, stock photography or video assets required for ads, landing pages, or blog posts are not included and must be purchased separately or supplied by the client. Custom development, such as coding for unique integrations, is also outside the scope of our standard offerings. Additional exclusions may apply, email account manager for details.

2. Term

This Agreement will commence on the date of acceptance and will continue on a month-to-month basis until terminated by either party in accordance with the terms of this Agreement.

3. Modifications to Services

The Client may modify their services or upgrade/downgrade their selected plan at any time by using the “Manage My Subscription” button provided by the Service Provider. Changes to the subscription will be effective from the next billing cycle.

4. Client Responsibilities

a. The Client agrees to provide the Service Provider with access to necessary platforms (e.g., Shopify, social media accounts, marketing tools) required to perform the Services.

b. The Client agrees to promptly provide any required content, approvals, or feedback to avoid project delays.

5. Confidentiality

a. Both parties agree to keep confidential all information obtained from the other party during the term of this Agreement.

b. The Service Provider will not disclose any information regarding the Client’s business or marketing strategies to any third party without the Client’s prior written consent.

6. Intellectual Property

a. The Client retains all rights to their business content, branding assets, and any other materials provided to the Service Provider.

b. The Service Provider retains all rights to the design concepts, strategies, analysis, reports, and recommendations provided to the Client.

7. Fees and Payment

a. The Client agrees to pay the monthly fees associated with the chosen package

  1. Design Package: $1000/mo

  2. Marketing Package: $1000/mo

  3. Automation Package: $1000/mo

  4. Unlimited Plan: $2500/mo

b. Payment is due at the beginning of each month. Late payments may result in suspension of services until payment is received.

8. Termination

a. Either party may terminate this Agreement at any time by providing one (1) day written notice to the other party.

b. Upon termination, the Service Provider will deliver any outstanding work to the Client and return any materials provided by the Client.

9. Limitation of Liability

a. To the fullest extent permitted by law, the Service Provider’s liability to the Client for any claim arising out of this Agreement will be limited to the amount of fees paid by the Client to the Service Provider in the three (3) months preceding the claim.

b. The Service Provider will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the Services.

10. Governing Law

This Agreement will be governed by and construed in accordance with the laws of California. Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of California.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

12. Amendments

No modification or amendment of this Agreement will be effective unless made in writing and signed by both parties.

13. Notices

All notices required or permitted under this Agreement will be in writing and will be deemed delivered when delivered in person or sent by certified mail, return receipt requested, to the addresses specified above.

Clark Studios, Inc.
270 Bristol St. Suite 101 · PMB #102
Costa Mesa, CA, 92626
Phone: 949.610.2956
Email: justin@clarkstudios.co

By agreeing to these terms and conditions in the intake form, the Client acknowledges and accepts all the terms and conditions outlined in this Agreement.