Terms of Service

The Legal Stuff

Terms of Service

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This Agreement constitutes the entire agreement between Texas Marketing Solutions and the Client, and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the services provided, including but not limited to, Geo-Fencing, Social Media Marketing, Brand Management, Radio Advertising, Television Advertising, Web Design, and Graphic Design.  

1. Payment

• Payment Terms: Payment terms for services will be specified in the Order Confirmation. These terms may include prepayment, milestone-based payments, or net payment terms with a specific due date.

• Late Payments: Past due accounts will be subject to a late fee of 1% per month (or the maximum allowed by law) on the outstanding balance.

2. Services

• Scope of Services: Texas Marketing Solutions provides a wide range of marketing services, including but not limited to:

  • Radio Advertising

  • Television Advertising

  • Social Media Marketing

  • Web Design & Development

  • Graphic Design

  • Brand Management The specific services provided will be outlined in the Order Confirmation.

• Client Responsibilities: The Client agrees to provide all necessary information, materials, and approvals in a timely manner.

• Texas Marketing Solutions Responsibilities: Texas Marketing Solutions will use reasonable efforts to provide the services as agreed upon. However, Texas Marketing Solutions shall not be liable for any delays, interruptions, or failures in service caused by factors beyond its reasonable control, such as acts of God, force majeure, or third-party service disruptions.

3. Intellectual Property

• Ownership: All intellectual property rights, including copyrights, trademarks, and trade secrets, created or developed as part of the services provided by Texas Marketing Solutions shall be owned by Texas Marketing Solutions, unless otherwise agreed upon in writing.

• Client Materials: The Client warrants and represents that it owns all rights to any materials provided to Texas Marketing Solutions and that the use of such materials by Texas Marketing Solutions will not infringe on any third-party rights.

4. Confidentiality

Both parties agree to keep confidential any confidential information disclosed by the other party in connection with this Agreement.

5. Limitation of Liability

Texas Marketing Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with this Agreement, regardless of the cause of action.  

6. Termination

• Cancellation by Client: The Client may cancel this agreement with 14 days written notice. The cancellation will be effective on the 14th day following receipt of the notice. Cancellation fees may apply depending on the service and stage of completion.

• Termination by Texas Marketing Solutions: Texas Marketing Solutions may terminate this agreement for cause, including but not limited to, non-payment, breach of contract, or provision of inaccurate or misleading information.

7. Indemnification

The Client agrees to indemnify and hold harmless Texas Marketing Solutions, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the services provided by Texas Marketing Solutions.  

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

9. Dispute Resolution:

Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in the State of Texas. Texas Marketing Solutions will have the right to select the specific location within Texas for the arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect. The decision of the arbitrator shall be final and binding on the parties and may be entered into any court of competent jurisdiction.  

10. Entire Agreement:

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof.  

11. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.  

12. Waiver:

The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  

13. Notices:

All notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email. Notices to Texas Marketing Solutions shall be sent to invoice@TexasMarketingSolutions.com. Notices to the Client shall be sent to the email address listed on the Order Confirmation.