Terms of Service

Last Updated: January 28, 2026

‍Welcome to Phoenician Marketing LLC. These Terms of Service ("Terms") govern your use of our website (phoenicianmarketing.com) and services. By accessing our website or using our services, you agree to these Terms.

‍IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.1. ACCEPTANCE OF TERMS

‍By using our website or services, you:

- Agree to be bound by these Terms
- Agree to our Privacy Policy
- Represent that you are at least 18 years old
- Have the authority to enter into this agreement

‍2. SERVICES PROVIDED

‍Phoenician Marketing LLC provides digital marketing services including:

‍Search Engine Optimization (SEO):

- Local SEO with 90-day ranking improvement goals
- On-page and technical SEO optimization
- Content optimization for search engines
- Link building strategies
- Generative Engine Optimization (GEO) for AI search platforms

‍Paid Advertising Management:

- Google Ads campaign creation and management
- Meta advertising (Facebook and Instagram ads)
- Ad copywriting and creative development
- Campaign optimization and reporting
- Remarketing and retargeting campaigns

‍Website Design and Development:

- Custom website design (Webflow, Squarespace)
- Mobile-responsive development
- Website maintenance and updates
- Landing page creation
- Website hosting coordination

‍Email Marketing and Outreach:

- Cold email campaign strategy and execution
- Email list building and verification
- Newsletter creation and management (ConvertKit)
- Email automation setup
- Follow-up sequence development

‍Social Media Marketing:

‍- LinkedIn Sales Navigator prospecting
- Social media strategy development
- Content creation and scheduling
- Profile optimization
- Engagement and community management

‍Other Services:

- Lead generation and prospecting (Apollo.io)
- Google Business Profile optimization
- Marketing analytics and reporting
- Competitive analysis
- Marketing consulting

‍3. NO ACCOUNTANT-CLIENT RELATIONSHIP

IMPORTANT: Use of this website or communication with Phoenician Marketing LLC does not create a formal client-agency relationship. Services begin only after:
‍
- A signed Service Agreement or Letter of Agreement
- Initial payment or deposit is received
- Scope of work is mutually agreed upon

‍4. SERVICE LIMITATIONS AND DISCLAIMERS

A. SEO Services - No Guaranteed Rankings

WE DO NOT GUARANTEE SPECIFIC SEARCH ENGINE RANKINGS.

‍Search engine optimization results depend on many factors outside our control, including:

- Google algorithm updates (which occur regularly and unpredictably)
- Competitor activity and spending
- Industry competitiveness
- Website age and domain authority
- Content quality and quantity
- Technical website issues
- Client-provided information and accessSearch engine policies and guidelines

‍Our 90-day SEO guarantee means:

- We guarantee measurable improvement in relevant metrics (traffic, visibility, keyword rankings)
- We do NOT guarantee #1 rankings or specific position placements
- Rankings naturally fluctuate and are never permanent
- Organic search takes time; immediate results are impossible
- Results vary by industry, location, and competition level

‍If you see offers of "guaranteed #1 rankings," those are deceptive marketing practices we do not engage in.

B. Advertising Services - No Performance Guarantees

WE DO NOT GUARANTEE SPECIFIC ADVERTISING RESULTS.

- Google Ads and Meta advertising performance depends on factors including:
- Ad quality and relevance
- Landing page experience
- Audience targeting accuracy
- Budget and bid strategy
- Competition and market conditions
- Seasonal fluctuations
- Platform algorithm changes
- Product/service appeal and pricing

‍We provide:
- Professional campaign setup and optimization
- Regular monitoring and adjustments
- Transparent reportingIndustry best practices

‍We do NOT guarantee:
- Specific number of clicks, leads, or conversions
- Specific cost-per-click or cost-per-acquisition
- That ads will be approved by platforms (approval is at platform discretion)
- Return on ad spend (ROAS)
- That advertising will be profitable for your business

‍Past performance does not predict future results.

C. Website Development - No Uptime Guarantees

‍We design and develop websites, but:
- We do not control hosting provider uptime or performance
- We are not responsible for third-party hosting issues
- Website performance depends on hosting, plugins, and integrations
- We recommend but do not guarantee mobile responsiveness across all devices
- Browser compatibility may vary

‍D. Email Marketing - No Deliverability Guarantees

‍Email deliverability depends on:
- Recipient email provider spam filters
- Email list quality and engagement rates
- Sender reputation and domain health
- Email content and subject lines
- Recipient actions (opens, clicks, complaints)
- We follow best practices but cannot guarantee delivery or open rates.

‍E. Lead Generation - No Volume Guarantees

‍Prospecting and lead generation results vary based on:
- Target market and industry
- Database accuracy (Apollo.io, Hunter.io, etc.)
- Outreach messaging and timing
- Prospect interest and budget
- Economic conditions
- We cannot guarantee specific numbers of leads or response rates.

‍5. CLIENT RESPONSIBILITIES

‍To receive services, you must:

‍Provide Timely Information:
- Respond to requests for information within agreed timeframes
- Provide accurate business information and marketing materials
- Grant necessary access (website, analytics, ad accounts)
- Review and approve deliverables within specified timeframes

‍Grant Platform Access:
- Google Analytics and Search Console
- Google Ads or Meta Ads Manager
- Website backend or CMS
- Email marketing platforms
- Social media accounts

‍Maintain Accounts in Good Standing:
- Keep advertising accounts funded and active
- Comply with platform policies (Google, Meta, LinkedIn)
- Maintain website hosting and domain registration
- Keep payment methods current

‍Compliance:
- Ensure marketing claims are truthful and substantiated
- Comply with FTC advertising regulations
- Obtain necessary rights to use images, logos, and content
- Follow platform terms of service

‍Failure to meet these responsibilities may delay projects or affect results.

6. PAYMENT TERMS

Service Fees:

- Monthly retainer fees are outlined in Service Agreements
- Payment is due on the agreed-upon date (typically the 1st of the month)
- Late payments may result in service suspension
- We accept PayPal, Stripe, Zelle, and Venmo

‍Advertising Budgets:
- Client pays advertising platforms directly (Google, Meta)
- We manage campaigns but do not handle ad spend funds
- Management fees are separate from advertising budgets

‍Project-Based Services:
- Payment schedule outlined in proposal or agreement
- Typical structure: 50% upfront, 50% upon completion
- Additional revisions beyond scope may incur extra fees

‍Refunds:
- Monthly retainers are non-refundable once services begin
- Project deposits are non-refundable after work commences
- Refund requests evaluated on a case-by-case basis

‍7. TERM AND TERMINATION

Service Term:
- Monthly services continue until either party terminates
- Project-based services end upon completion

‍Termination:
- Either party may terminate with 30 days written notice
- Termination notice must be sent via email to info@phoenicianmarketing.com
- You remain responsible for payment through the notice period
- We are not obligated to refund prepaid fees after services begin

‍Upon Termination:
- We will provide final reports and deliverables
- We transfer or provide access to work products you've paid for
- Access to our tools and platforms will be revoked
- You retain ownership of your content, logos, and brand materials

‍Immediate Termination:
‍
‍We may terminate immediately without notice if:
- You violate these Terms
- You fail to pay for services
- You violate platform policies, causing account suspension
- You engage in illegal activity or fraud
- You abuse or harass our team members

‍8. INTELLECTUAL PROPERTY

Your Content:

- You retain ownership of content, logos, images, and materials you provide
- You grant us a license to use these materials to provide services
- You represent that you have rights to all materials provided

‍Our Work Product:

- Completed and paid-for deliverables (websites, graphics, copy) transfer to you
- You may not resell our work as your own service
- We may use non-confidential work in our portfolio with your permission

‍Our Property:

- Our processes, templates, methodologies, and tools remain our property
- Software, platforms, and accounts we provide access to remain our property
- You may not reverse engineer, copy, or replicate our systems

‍Third-Party Tools:

- Google, Meta, Apollo.io, HubSpot, etc. are owned by their respective companies
- Use of these platforms is subject to their Terms of Service

‍9. CONFIDENTIALITY

We agree to:

- Keep your business information confidential
- Not disclose client lists, strategies, or proprietary information
- Use information only to provide agreed services
- Return or destroy confidential information upon request

‍Exceptions:
- Information that becomes public through no fault of ours
- Information we're legally required to disclose
- Information needed to enforce our rights
- Aggregated, anonymized data used for research
‍
‍You agree to:
- Keep our pricing, processes, and methodologies confidential
- Not share login credentials to our tools with third parties

‍10. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW:

Total Liability Cap: Our total liability for any claims arising from services shall not exceed the fees you paid us in the 12 months preceding the claim.
‍
‍No Consequential Damages:

We are not liable for:
- Lost profits or revenue
- Lost business opportunities
- Lost data
- Cost of substitute services
- Indirect, incidental, special, or punitive damages
- Consequential damages of any kind

‍Third-Party Actions:

We are not responsible for:
- Google algorithm updates that affect rankings
- Platform policy changes (Google, Meta, LinkedIn)
- Ad disapprovals or account suspensionsHosting provider downtime
- Third-party software failures
- Actions of contractors or freelancers (though we select them carefully)

‍No Guarantee of Business Outcomes:

Marketing results depend on many factors including:
- Your product/service quality and pricing
- Your sales process and customer service
- Market conditions and competition
- Economic factorsConsumer behavior

We provide marketing services but cannot guarantee sales, revenue, or profit.

‍11. INDEMNIFICATION

‍You agree to indemnify and hold Phoenician Marketing LLC harmless from any claims arising from:
- Your breach of these Terms
- Your violation of laws or regulations
- Your violation of third-party rights (copyright, trademark, privacy)
- Inaccurate or false information you provide
- Your use of our services in violation of platform policies
- Your business practices or customer disputes

‍12. COMPLIANCE WITH LAWSFTC Compliance: We comply with Federal Trade Commission advertising regulations, including:
- Truth in advertising standards
- Endorsement and testimonial guidelines (16 CFR Part 255)
- Clear and conspicuous disclosures
- CAN-SPAM Act for email marketing

‍Platform Compliance: We follow policies of:
- Google Ads policies
- Meta advertising policies
- LinkedIn marketing policies
- Email marketing best practices

‍Your Compliance: You are responsible for:
- Ensuring your marketing claims are truthful
- Obtaining rights to use images and content
- Complying with industry-specific regulations (if applicable)
- Following platform terms of service

‍13. CASE STUDIES AND TESTIMONIALS

Portfolio Use: We may feature your project in our portfolio and case studies with your permission.

‍Testimonials:

If you provide a testimonial:
- We may display it on our website and marketing materials
- We will attribute it to your name and business (unless you request anonymity)
- You certify the testimonial is truthful and based on your actual experience

‍Opt-Out: You may request removal of your testimonial or case study at any time by emailing info@phoenicianmarketing.com.

‍14. WARRANTY DISCLAIMERSERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

‍We disclaim all warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of deliverables
- Uninterrupted or error-free service
‍
‍We do not warrant that:
- Services will meet your specific business goals
- Websites will be error-free or always available
- Marketing campaigns will generate specific results
- Third-party platforms will function as expected

‍15. DISPUTE RESOLUTIONGoverning Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

‍Venue: Any legal action must be brought in state or federal courts in Tampa, Hillsborough County, Florida. You consent to personal jurisdiction in Florida.
Informal Resolution: Before filing any legal action, you agree to contact us at info@phoenicianmarketing.com to attempt to resolve the dispute informally.
‍No Class Actions: You agree to resolve disputes individually, not as part of a class action or consolidated proceeding.

‍16. FORCE MAJEURE

‍We are not liable for delays or failures due to circumstances beyond our reasonable control, including:
- Natural disasters
- Pandemics or public health emergencies
- Internet or hosting provider outages
- Third-party platform outages (Google, Meta, etc.)
- Government actions or regulations
- Labor disputes
- Acts of terrorism or war

‍17. SEVERABILITY

‍If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

‍18. ENTIRE AGREEMENT

‍These Terms, together with:
- Our Privacy Policy
- Service Agreements
- Statements of Work
- Proposals
‍
Constitute the entire agreement between you and Phoenician Marketing LLC and supersede all prior agreements, whether written or oral.

‍19. MODIFICATIONS TO TERMS

‍We may update these Terms at any time. Changes are effective when posted with an updated "Last Updated" date.

‍For material changes:

- We will notify active clients via email
- Continued use after changes constitutes acceptance

‍Current clients: Service Agreements executed before Terms updates remain governed by the Terms in effect at signing, unless both parties agree otherwise.

‍20. CONTACT INFORMATION

For questions about these Terms:
‍Phoenician Marketing LLC
1600 E 8th Ave A200
Tampa, FL 33605
United States

Phone: (813) 285-1716
Email: info@phoenicianmarketing.com
Website: www.phoenicianmarketing.com

‍Legal Notices: Send to info@phoenicianmarketing.com with "Legal Notice" in the subject line.