TERMS AND CONDITIONS

Last Updated: December 9, 2024

1. ACCEPTANCE OF TERMS

By accessing or using the services of Mustang Marketing (“Company,” “we,” “us,” or “our”), you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.

2. SERVICES PROVIDED

Mustang Marketing provides digital marketing services including but not limited to:

  • Website design and development
  • Search Engine Optimization (SEO)
  • Content creation and marketing
  • Lead generation and advertising management
  • SMS/text message marketing and communications

3. SERVICE AGREEMENTS

3.1 Proposals and Contracts

All services require a signed service agreement or acceptance of a written proposal. Service details, pricing, deliverables, and timelines will be specified in individual service agreements.

3.2 Payment Terms

  • Website projects require 50% deposit upfront, with remaining 50% due upon completion
  • Monthly retainer services are billed in advance on a recurring basis
  • Payment is due within 15 days of invoice date unless otherwise specified
  • Late payments may incur a fee of 1.5% per month (18% annually) or the maximum allowed by law
  • Services may be suspended for accounts more than 30 days past due

3.3 Refund Policy

  • Deposits for website projects are non-refundable once work has commenced
  • Monthly retainer services may be cancelled with 30 days written notice
  • No refunds will be provided for partial months of service
  • Refunds for services not yet delivered may be considered on a case-by-case basis

4. CLIENT RESPONSIBILITIES

4.1 Content and Materials

  • You are responsible for providing timely access to necessary materials, content, images, and information
  • You warrant that all materials provided do not infringe on any third-party copyrights, trademarks, or intellectual property rights
  • Delays caused by failure to provide materials may result in project timeline extensions

4.2 Access and Credentials

  • You agree to provide necessary access to websites, hosting accounts, social media accounts, and advertising platforms
  • You are responsible for maintaining the security of your login credentials

4.3 Approval and Revisions

  • You agree to review and approve deliverables within reasonable timeframes
  • Service agreements will specify the number of revision rounds included
  • Additional revisions beyond the agreed scope may incur additional fees

5. INTELLECTUAL PROPERTY

5.1 Client-Owned Content

Upon full payment, you retain ownership of:

  • Your business name, logo, and brand materials
  • Custom website designs created specifically for you
  • Original content written specifically for your business

5.2 Company-Owned Materials

Mustang Marketing retains ownership of:

  • Marketing strategies, processes, and methodologies
  • Template frameworks and reusable code components
  • Tools, software, and proprietary systems
  • Any materials created before engagement or for multiple clients

5.3 Third-Party Materials

Some services may utilize third-party templates, plugins, software, or stock images licensed for your use but not owned by either party.

6. WARRANTIES AND DISCLAIMERS

6.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.

6.2 No Guarantee of Results

While we strive for excellent results, we cannot guarantee specific outcomes including but not limited to:

  • Search engine rankings
  • Website traffic levels
  • Lead generation numbers
  • Conversion rates
  • Return on advertising spend

Marketing results depend on numerous factors beyond our control including market conditions, competition, your products/services, pricing, and customer service.

6.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

7.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSTANG MARKETING’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.2 Excluded Damages

IN NO EVENT SHALL MUSTANG MARKETING BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Third-Party Platforms

We are not responsible for changes, outages, policy changes, or issues with third-party platforms including but not limited to Google, Facebook, Instagram, hosting providers, or other services beyond our control.

8. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship. This obligation survives termination of services.

9. TERMINATION

9.1 Termination by Client

You may terminate monthly services with 30 days written notice. Website projects may be terminated but deposits are non-refundable and fees for work completed will be due.

9.2 Termination by Company

We reserve the right to terminate services immediately if:

  • Payment is more than 30 days past due
  • You breach these terms
  • You engage in abusive, threatening, or inappropriate behavior
  • Services become illegal or violate third-party terms

9.3 Effect of Termination

Upon termination:

  • You must pay all outstanding invoices for services rendered
  • We will provide you with completed work and access to your accounts
  • Access to our tools, systems, and ongoing services will cease
  • Website hosting (if provided by us) will continue for 30 days to allow migration

10. THIRD-PARTY SERVICES AND ADVERTISING PLATFORMS

10.1 Advertising Accounts

For advertising services, you maintain ownership of your advertising accounts (Google Ads, Facebook Ads, etc.). We serve as authorized managers of these accounts on your behalf.

10.2 Ad Spend

Advertising budgets are separate from our management fees. You are responsible for all ad spend charges directly billed by advertising platforms.

10.3 Platform Compliance

You agree that all advertising must comply with the policies of respective platforms. Account suspensions or policy violations by platforms are beyond our control.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Mustang Marketing from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your breach of these terms
  • Content or materials you provide
  • Your violation of any third-party rights
  • Your use of services in violation of applicable laws

12. DISPUTE RESOLUTION

12.1 Governing Law

These terms shall be governed by the laws of the State of Indiana, without regard to conflict of law principles.

12.2 Venue

Any disputes shall be resolved in the state or federal courts located in Hamilton County, Indiana.

12.3 Informal Resolution

Before filing any legal action, parties agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

13. CHANGES TO TERMS

We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of services after changes constitutes acceptance of modified terms. For active service agreements, changes will apply upon renewal.

14. SEVERABILITY

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full effect.

15. ENTIRE AGREEMENT

These terms, together with any signed service agreements, constitute the entire agreement between parties and supersede all prior understandings or agreements.

16. CONTACT INFORMATION

For questions about these terms, contact:

Mustang Marketing
Fishers, Indiana
Email: hello [at] mustangmarketing.org
Phone: 317-790-2524

MESSAGING TERMS AND CONDITIONS

Last Updated: December 9, 2024

1. CONSENT TO RECEIVE TEXT MESSAGES

By providing your mobile phone number to Mustang Marketing and opting in to receive text messages, you expressly consent to receive automated text messages from us at the phone number you provided. This includes but is not limited to:

  • Marketing and promotional messages
  • Service updates and notifications
  • Appointment reminders
  • Account information
  • Customer service communications

Consent is not a condition of purchase. You can still use our services without agreeing to receive text messages.

2. MESSAGE FREQUENCY

Message frequency varies depending on your interaction with our services. You may receive:

  • Up to 4-6 messages per month for general marketing
  • Additional messages if you engage in active campaigns or conversations
  • Time-sensitive updates as needed

We will never send excessive messages or spam.

3. MESSAGE AND DATA RATES

Standard message and data rates may apply based on your mobile carrier’s plan. Mustang Marketing does not charge for text messages, but your carrier may. Please contact your mobile carrier for details about your messaging plan.

4. SUPPORTED CARRIERS

Our messaging service is available to subscribers of participating carriers including but not limited to: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, Cricket Wireless, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Coverage and service may vary by carrier.

5. OPT-OUT / UNSUBSCRIBE

5.1 How to Opt-Out

You can opt-out of receiving text messages at any time by:

  • Replying STOP, END, QUIT, CANCEL, or UNSUBSCRIBE to any message
  • Contacting us directly at hello [at] mustangmarketing.org or 317-790-2524

5.2 Confirmation

After opting out, you will receive one final confirmation message acknowledging your unsubscribe request.

5.3 Re-Subscribing

If you opt-out and later wish to receive messages again, reply START or UNSTOP, or contact us to re-enroll.

6. HELP / CUSTOMER SUPPORT

For help or support regarding text messages:

  • Reply HELP or INFO to any message
  • Email us at hello [at]mustangmarketing.org
  • Call us at 317-790-2524

You will receive a message with instructions and contact information.

7. PRIVACY AND DATA PROTECTION

7.1 Information We Collect

When you opt-in to text messages, we collect:

  • Your mobile phone number
  • Your name (if provided)
  • Opt-in timestamp and consent record
  • Message delivery and engagement data

7.2 How We Use Your Information

We use your mobile number and information to:

  • Send you the messages you’ve consented to receive
  • Provide customer service and support
  • Improve our messaging services
  • Comply with legal and regulatory requirements

7.3 Information Sharing

We do not sell, rent, or share your mobile phone number with third parties for their marketing purposes.

7.4 Data Security

We implement reasonable security measures to protect your information. However, no method of transmission over the internet or mobile network is 100% secure.

7.5 Data Retention

We retain your mobile number and consent records for as long as necessary to provide services and comply with legal obligations. After you opt-out, we will retain records of your opt-out status to honor your preferences.

8. TCPA COMPLIANCE

We comply with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state laws regarding automated text messaging. We will:

  • Only send messages to numbers that have provided express written consent
  • Honor opt-out requests immediately
  • Maintain records of consent
  • Not send messages to numbers on the National Do Not Call Registry without consent

9. ACCEPTABLE USE

By participating in our text messaging program, you agree to:

  • Provide accurate contact information
  • Not use the service for unlawful purposes
  • Not abuse, harass, or send inappropriate content to our messaging system
  • Notify us if your phone number changes

10. MODIFICATIONS TO MESSAGING PROGRAM

We reserve the right to modify or discontinue our text messaging program at any time with reasonable notice. Changes to these SMS terms will be communicated via text message or posted on our website.

11. DISCLAIMER OF WARRANTIES

Our text messaging service is provided “as is” without warranties of any kind. We do not guarantee:

  • Uninterrupted or error-free message delivery
  • Messages will be received in real-time
  • Compatibility with all mobile devices or carriers

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSTANG MARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OUR TEXT MESSAGING SERVICE, INCLUDING BUT NOT LIMITED TO DELAYED OR UNDELIVERED MESSAGES.

13. DISPUTES

Any disputes arising from our text messaging service shall be governed by the Dispute Resolution provisions in our main Terms and Conditions above.

14. CONTACT FOR SMS PROGRAM

For questions specifically about our text messaging program:

Mustang Marketing
Email: hello [at] mustangmarketing.org
Phone: 317-790-2524
Address: Fishers, Indiana

SMS Service Provider: Lead Connector (GoHighLevel)

CONSENT ACKNOWLEDGMENT

By providing your phone number and opting in, you acknowledge that you have read, understood, and agree to these SMS Terms and Conditions.

To opt-in: Reply YES or SUBSCRIBE
To opt-out: Reply STOP at any time
For help: Reply HELP or contact us directly