TERMS OF SERVICE
Effective Date: August 3, 2026
Last Updated: August 3, 2026
These Terms of Service (“Terms”) govern your access to and use of the website, services, products, platforms, and other offerings provided by Lunatik Marketing Agency, operated by (“Lunatik Marketing,” “Agency,” “we,” “us,” or “our”).
By accessing our website, submitting information through our website, purchasing services, signing a proposal or order form, or otherwise working with us, you agree to be bound by these Terms.
Please read these Terms carefully. If you do not agree to these Terms, you should not use our website or purchase our services.
1. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “Client” refer to both you and the entity you represent.
2. Our Services
Lunatik Marketing provides digital marketing and related business services. Depending on the applicable proposal, order form, service agreement, or statement of work, our services may include:
Website design, development, hosting, maintenance, and management
Landing pages, funnels, forms, and online stores
Search engine optimization
Paid advertising and campaign management
Social media management and content creation
Email and SMS marketing
Lead generation and lead-management systems
Customer relationship management systems
Marketing automation and artificial intelligence-assisted services
Branding, graphic design, and creative production
Copywriting, blogging, newsletters, and other content
Reputation management and review-generation services
Consulting, strategy, reporting, training, and technical support
Software configuration, integrations, and white-labeled technology services
The specific services, deliverables, pricing, schedule, term, and other requirements for a Client engagement will be described in a separate proposal, service agreement, order form, invoice, or statement of work.
We may add, modify, replace, or discontinue general service offerings at any time. Changes will not materially reduce services already purchased during an active service period unless reasonably necessary because of law, security concerns, third-party platform changes, or circumstances outside our reasonable control.
3. Additional Agreements and Order of Precedence
These Terms apply generally to our website and services.
A Client may also enter into a separate proposal, order form, statement of work, subscription agreement, or other written agreement with us. Those documents are collectively referred to as the “Service Agreement.”
If there is a conflict between these Terms and a signed Service Agreement, the signed Service Agreement will control with respect to that specific engagement. All provisions that do not conflict will remain in effect.
An email, text message, verbal discussion, or informal communication does not modify a Service Agreement unless the modification is confirmed in writing by an authorized representative of Lunatik Marketing.
4. Client Accounts and Access
Some services may require access to an account, portal, software platform, advertising account, domain name, social media profile, email system, website, payment processor, or other third-party service.
You agree to:
Provide accurate and current account information
Maintain the confidentiality of your usernames and passwords
Use reasonable security practices, including multifactor authentication when available
Promptly notify us of unauthorized access or suspected security incidents
Provide the permissions and access reasonably required to perform the services
Remove our access after the engagement ends when appropriate
You are responsible for activity occurring through accounts controlled by you, except to the extent directly caused by our gross negligence or willful misconduct.
We may create or configure accounts on your behalf. Ownership, transfer rights, administrative access, and continuing fees for those accounts may be subject to the applicable Service Agreement and the terms of the third-party provider.
5. Client Responsibilities
Our ability to perform the services depends on your timely cooperation.
You agree to:
Provide accurate information, content, credentials, approvals, feedback, and materials
Designate an authorized point of contact
Review deliverables and requests within a reasonable time
Ensure that your products, services, business practices, offers, claims, and instructions comply with applicable laws
Obtain any licenses, permissions, consents, releases, and approvals needed for materials you provide
Maintain appropriate privacy notices, consent procedures, and internal compliance practices
Pay all fees and third-party expenses when due
You are responsible for the accuracy and legality of information relating to your business, including pricing, promotions, warranties, professional claims, licensing information, customer lists, testimonials, product descriptions, and representations made to the public.
Delays caused by missing information, unavailable access, late approvals, scope changes, or other Client-related issues may extend delivery dates and may result in additional fees.
6. Approvals and Revisions
Unless otherwise stated in a Service Agreement, you are responsible for reviewing and approving marketing materials before publication.
Approval may be provided through email, text message, project-management software, an online portal, a recorded meeting, or another communication method used during the engagement.
Once you approve a deliverable, campaign, advertisement, website, email, social media post, automation, or other material, you accept responsibility for its authorized publication and use.
The number of revisions included in a project may be limited by the Service Agreement. Additional revisions, redesigns, changes in direction, or requests outside the original scope may require an additional fee.
Minor mistakes or technical issues will generally be corrected without charge when reported within a reasonable period. Requests involving a new strategy, new design direction, new content, expanded functionality, or work outside the agreed scope are not considered corrections.
7. Fees and Payment
Fees will be stated in the applicable Service Agreement, checkout page, invoice, subscription plan, or order form.
Services may be billed as:
One-time project fees
Setup or implementation fees
Monthly or annual subscription fees
Recurring service retainers
Hourly fees
Usage-based fees
Performance-based fees where expressly agreed
A combination of these billing methods
Unless otherwise stated, payments are due in U.S. dollars.
You authorize us and our payment processors to charge the payment method you provide for all amounts due under the applicable Service Agreement.
You are responsible for keeping your billing information current. You are also responsible for applicable taxes, processing charges, advertising costs, platform fees, software fees, domain fees, messaging charges, and other third-party expenses unless expressly included in your Service Agreement.
8. Recurring Services and Automatic Renewal
When you purchase a recurring service, subscription, software plan, hosting plan, maintenance plan, marketing retainer, or other continuous service, your service may automatically renew at the frequency disclosed during enrollment or in your Service Agreement.
By enrolling in a recurring service, you authorize us to charge the applicable recurring fees to your payment method until the service is properly canceled.
Before you enroll, we will disclose the material recurring-service terms, including the billing frequency, price or method of calculating the price, minimum commitment if applicable, and available cancellation method.
For transactions subject to applicable automatic-renewal or continuous-service laws, we will provide the disclosures, consent process, acknowledgments, reminders, price-change notices, and cancellation methods required by law.
Recurring services may be canceled using the method stated in the applicable Service Agreement, customer account, checkout confirmation, or billing communication. You may also submit a cancellation request to 601 W Whittier Blvd Ste F, La Habra, CA 90631
Cancellation requests must be received before the next billing date to prevent the next scheduled charge, unless a different notice period or minimum commitment is stated in the Service Agreement.
Cancellation stops future renewals but does not automatically refund charges already incurred.
9. Late Payments and Failed Charges
If a payment is declined, reversed, disputed, or not received when due, we may:
Suspend or limit services
Pause campaigns or deliverables
Disable access to hosted systems or software
Charge reasonable late fees where permitted by law
Recover reasonable collection costs
Terminate the applicable Service Agreement
You remain responsible for fees incurred before suspension or termination.
A payment dispute or chargeback does not automatically cancel your service. You must submit a cancellation request through an approved cancellation method.
Knowingly initiating an improper chargeback for validly authorized services may be treated as a material breach of these Terms.
10. Refunds
Except where required by law or expressly stated in a Service Agreement:
Setup fees are nonrefundable once setup work has begun
Project deposits are nonrefundable once resources have been allocated or work has started
Completed work is nonrefundable
Recurring fees are nonrefundable after the applicable billing period begins
Advertising expenditures and third-party expenses are nonrefundable
Unused time, credits, messages, contacts, or platform allowances do not carry over unless expressly stated
Cancellation does not entitle the Client to a prorated refund
We may, in our sole discretion, issue a credit or refund in an individual situation. Doing so does not create an obligation to provide the same accommodation in the future.
11. Advertising Budgets and Third-Party Costs
Management fees paid to Lunatik Marketing do not include advertising spend unless expressly stated.
You are responsible for funding advertising accounts and paying charges imposed by platforms such as Google, Meta, Microsoft, TikTok, LinkedIn, Yelp, or other publishers and technology providers.
Advertising platforms may change their prices, rules, algorithms, review procedures, targeting options, account requirements, or available features without notice.
We are not responsible for:
Advertising-platform billing errors
Account suspensions or restrictions imposed by a third party
Rejected advertisements
Changes in cost per click, cost per lead, reach, or impressions
Invalid clicks, spam, fraudulent inquiries, or low-quality leads
Platform outages, policy changes, or algorithm changes
A third party’s decision to close, limit, or verify an account
We may assist with appeals or troubleshooting, but we cannot guarantee that a third-party platform will approve, restore, or continue an account or campaign.
12. No Guarantee of Results
Marketing performance depends on many factors outside our control, including market conditions, competition, pricing, reputation, sales processes, customer demand, advertising platforms, budgets, seasonality, website performance, Client responsiveness, and the quality of the Client’s products or services.
Unless expressly guaranteed in a signed Service Agreement, we do not guarantee:
A specific number of leads, sales, appointments, calls, customers, or transactions
A specific cost per lead or customer-acquisition cost
First-page search rankings
Particular advertising placement
Specific revenue, profit, return on investment, or business growth
That every lead will be valid, qualified, responsive, or exclusive
That third-party platforms will approve or maintain an account
That marketing performance will continue at a previous level
Forecasts, projections, estimates, examples, case studies, and past results are provided for informational purposes and do not guarantee future performance.
You remain responsible for your business decisions, sales processes, follow-up, fulfillment, licensing, professional advice, and customer relationships.
13. Leads and Customer Data
When we generate, collect, organize, transfer, enrich, or help manage leads or customer information, you are responsible for using that information lawfully.
You represent that you have a lawful basis and all necessary permissions to contact individuals through email, telephone, text message, direct mail, social media, or other channels.
You may not use our services to:
Send unlawful spam
Contact individuals without legally required consent
Misrepresent your identity or business
Purchase, upload, or use unlawfully obtained data
Discriminate against protected groups
Promote illegal, deceptive, fraudulent, or abusive activity
Circumvent opt-out, unsubscribe, suppression, or do-not-contact requests
You are responsible for maintaining appropriate records of consent and honoring unsubscribe, revocation, deletion, and opt-out requests.
Unless expressly agreed otherwise, Lunatik Marketing is not the seller, service provider, licensed professional, or contracting party responsible for fulfilling your products or services to your customers.
14. Email, SMS, and Telemarketing Compliance
When our services involve email marketing, SMS messaging, automated calls, telephone outreach, or similar communications, you are responsible for ensuring that the campaign, recipient data, consent records, offers, and communication practices comply with applicable laws and industry requirements.
You must not instruct us or configure our systems to send communications to individuals who have not provided legally sufficient consent when consent is required.
We may suspend a campaign that we reasonably believe creates a legal, compliance, security, deliverability, or reputational risk.
Suspension for compliance review does not relieve you of amounts already owed.
15. Advertising Claims, Reviews, and Endorsements
You are responsible for substantiating factual claims about your business, products, services, results, pricing, licensing, experience, and customer outcomes.
Testimonials, reviews, endorsements, influencer content, before-and-after materials, and case studies must be truthful, authorized, and presented with legally required disclosures.
You may not direct us to create, purchase, publish, suppress, or manipulate fake reviews, false endorsements, fabricated customer experiences, or misleading performance claims.
We may refuse to publish or distribute content that we reasonably believe is deceptive, unsupported, infringing, unlawful, or inconsistent with platform policies.
16. Client Materials
“Client Materials” means content, logos, trademarks, photographs, videos, recordings, data, customer lists, text, designs, documents, and other materials you provide to us.
You retain ownership of your Client Materials.
You grant us a limited, nonexclusive, worldwide license to access, copy, modify, host, display, distribute, and otherwise use Client Materials only as reasonably necessary to provide the services, fulfill your instructions, maintain backups, and comply with legal obligations.
You represent and warrant that:
You own or have permission to use the Client Materials
Our authorized use of the Client Materials will not violate another party’s rights
The Client Materials are accurate and lawful
The Client Materials do not contain malware or harmful code
You have obtained necessary releases from people appearing in photographs, videos, testimonials, or recordings
You agree to indemnify us from claims resulting from Client Materials or instructions that violate these representations.
17. Ownership of Deliverables
Ownership of final deliverables will be determined by the applicable Service Agreement.
Unless otherwise stated:
1. You will own the final, custom deliverables specifically created for you after all amounts due have been paid in full.
2. Lunatik Marketing retains ownership of its preexisting materials, internal systems, strategies, processes, templates, frameworks, know-how, automation methods, reusable code, software configurations, libraries, design elements, and general marketing techniques.
3. Third-party materials remain owned by their respective licensors and are subject to their license terms.
4. Drafts, unused concepts, rejected designs, working files, editable source files, internal notes, prompts, research, and development materials are not included unless expressly stated.
5. A website or deliverable may depend on continuing third-party subscriptions, hosting, plugins, themes, software, APIs, fonts, stock assets, or platform accounts. Your right to continue using those items may depend on maintaining the applicable license or subscription.
We may reuse general skills, ideas, methods, knowledge, and nonconfidential techniques developed while performing the services, provided we do not disclose your confidential information.
18. Portfolio and Promotional Use
Unless prohibited by a Service Agreement or a written confidentiality obligation, you grant us permission to identify you as a Client and display publicly released work in our portfolio, website, social media, proposals, presentations, case studies, and promotional materials.
We will not disclose confidential financial information, private customer data, unpublished campaigns, or trade secrets for promotional purposes without authorization.
You may request that we discontinue future portfolio use by contacting us in writing. The request will not require us to retrieve or destroy materials already lawfully distributed or published.
19. Confidentiality
Each party may receive confidential or proprietary information from the other.
The receiving party agrees to:
Use confidential information only for purposes of the engagement
Take reasonable steps to protect it
Limit disclosure to personnel, contractors, and service providers who need the information
Not disclose it to third parties except as authorized or legally required
Confidential information does not include information that:
Is publicly available without a breach of these Terms
Was lawfully known before disclosure
Is received lawfully from another source
Is independently developed without using the confidential information
Must be disclosed under law, subpoena, or court order
Nothing in these Terms creates obligations relating to regulated, highly sensitive, or specialized data unless those obligations are expressly accepted in a signed agreement.
You should not provide health information, financial account credentials, government identification numbers, payment-card data, or other highly sensitive information unless we have expressly agreed to receive and process it.
20. Artificial Intelligence and Automation
We may use automation, artificial intelligence-assisted tools, machine-learning systems, templates, and third-party software to assist with research, content development, design, campaign management, reporting, customer communication, and service delivery.
Artificial intelligence-generated or assisted outputs may contain errors, omissions, similarities to existing materials, or information requiring human review.
Unless otherwise stated, you are responsible for reviewing and approving AI-assisted materials before they are used publicly or relied upon for legal, medical, financial, technical, or other professional decisions.
You may not provide confidential, regulated, or highly sensitive information for processing through an AI-assisted workflow unless we have approved that use in writing.
Our use of AI-assisted tools does not transfer ownership of a third-party AI platform or override the applicable provider’s terms.
21. Third-Party Services
Our services may use or integrate with third-party platforms, including hosting providers, advertising platforms, payment processors, email providers, CRM systems, analytics providers, automation tools, social media networks, domain registrars, artificial intelligence providers, and software vendors.
Third-party services are governed by their own terms and privacy policies.
We do not control and are not responsible for a third party’s:
Availability, performance, security, or functionality
Pricing or fee changes
Content moderation or account decisions
Data-processing practices
Updates or discontinued features
Errors, outages, losses, or security incidents
We may recommend a third-party service, but that recommendation is not a guarantee or warranty.
You are responsible for reviewing and complying with third-party terms applicable to your accounts.
22. Subcontractors
We may use employees, independent contractors, virtual assistants, designers, developers, consultants, media buyers, copywriters, technology providers, and other subcontractors to perform portions of the services.
We remain responsible for managing the services we have agreed to provide, subject to the limitations in these Terms and the applicable Service Agreement.
23. Website Use
You may use our website only for lawful purposes.
You may not:
Attempt to gain unauthorized access to our website, systems, or accounts
Interfere with the website’s operation or security
Introduce malware, harmful code, scraping tools, or automated attacks
Copy, reproduce, republish, or commercially exploit website content without permission
Impersonate another person or misrepresent your affiliation
Use our website to transmit unlawful, abusive, threatening, or infringing material
Collect information about other users without authorization
Circumvent access controls or security measures
We may restrict or terminate website access for conduct that violates these Terms.
24. Intellectual Property Rights
Our website, branding, logos, text, graphics, videos, designs, templates, software, processes, and other materials are owned by or licensed to Lunatik Marketing and are protected by applicable intellectual property laws.
Except for the limited right to use our website for its intended purpose, no rights are granted to you without our written permission.
“Lunatik Marketing,” our logos, and related branding may not be used in a manner that suggests sponsorship, endorsement, affiliation, or approval without authorization.
25. Feedback
If you provide suggestions, ideas, recommendations, or other feedback regarding our website or services, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation.
This section does not give us ownership of your confidential information or Client Materials.
26. Suspension and Termination
We may suspend or terminate services when:
Payment is overdue
You breach these Terms or a Service Agreement
You fail to provide required access, materials, or cooperation
Your instructions create a legal, security, ethical, or reputational risk
Your account or campaign violates third-party platform rules
Continuing the engagement could harm our systems, personnel, contractors, or other clients
We are required to do so by law
A third-party service necessary to perform the work becomes unavailable
The applicable Service Agreement otherwise permits termination
Upon termination:
All outstanding amounts become immediately due
We may stop work and disable access to Agency-controlled systems
You must stop using materials for which you have not paid
Each party must return or delete confidential information when reasonably required
You are responsible for transferring domains, accounts, files, and services within any agreed transition period
Continuing hosting, licensing, platform, or support fees may remain due until the service is properly transferred or canceled
Sections that by their nature should survive termination will remain in effect, including payment obligations, intellectual property rights, confidentiality, disclaimers, indemnification, limitations of liability, and dispute provisions.
27. Disclaimers
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY STATED IN A SIGNED SERVICE AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED AVAILABILITY.
WE DO NOT WARRANT THAT:
THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED
THIRD-PARTY PLATFORMS WILL REMAIN AVAILABLE
ALL SECURITY INCIDENTS CAN BE PREVENTED
MARKETING MATERIALS WILL BE APPROVED BY THIRD-PARTY PLATFORMS
THE SERVICES WILL PRODUCE A PARTICULAR BUSINESS RESULT
ALL LEADS, DATA, REPORTS, OR ANALYTICS WILL BE COMPLETE OR ERROR-FREE
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, these disclaimers apply only to the maximum extent permitted by law.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUNATIK MARKETING AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS INCLUDES LOSS OF PROFITS, REVENUE, SALES, BUSINESS OPPORTUNITIES, GOODWILL, DATA, ADVERTISING SPEND, CUSTOMERS, OR EXPECTED SAVINGS, EVEN IF WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PARTICULAR CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT CAUSED THE CLAIM.
The limitations in this section do not apply to liability that cannot legally be limited or excluded.
29. Indemnification
You agree to defend, indemnify, and hold harmless Lunatik Marketing and its owners, officers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from or relating to:
Your products, services, offers, or business practices
Client Materials
Your instructions or approved marketing content
Your violation of law or third-party platform requirements
Your violation of these Terms or a Service Agreement
Your infringement of intellectual property, privacy, publicity, or other rights
Your communications with leads, customers, subscribers, or members of the public
Your failure to obtain required licenses, permissions, disclosures, or consents
A dispute between you and one of your customers, employees, vendors, or business partners
We reserve the right to control the defense of a claim subject to indemnification. You agree to reasonably cooperate with the defense and not settle a claim in a manner that imposes liability or obligations on us without our written consent.
30. Force Majeure
Neither party will be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, fires, floods, epidemics, labor disputes, war, terrorism, civil unrest, utility failures, internet outages, cyberattacks, government action, supply shortages, or third-party platform outages.
The affected party will make reasonable efforts to resume performance.
Payment obligations for work already performed or expenses already incurred are not excused by this section.
31. Independent Contractors
The relationship between Lunatik Marketing and the Client is that of independent contractors.
These Terms do not create a partnership, joint venture, franchise, fiduciary relationship, employment relationship, or agency relationship that authorizes either party to bind the other.
32. Dispute Resolution
Before filing a lawsuit, each party agrees to make a good-faith effort to resolve the dispute through direct written communication.
A party asserting a dispute must provide written notice describing:
The nature of the dispute
The relevant facts
The requested resolution
The parties will have at least 30 days after receipt of the notice to attempt an informal resolution, unless immediate legal relief is reasonably necessary to prevent irreparable harm or protect intellectual property, confidential information, accounts, or systems.
Nothing in this section prevents either party from bringing an eligible claim in small claims court.
33. Governing Law and Venue
These Terms and any dispute arising from them will be governed by the laws of the State of California, without regard to conflict-of-law principles.
To the extent a dispute is not resolved informally, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in **Los Angeles County, California**, unless another venue is required by applicable law or a signed Service Agreement.
34. Notices
Legal notices to Lunatik Marketing must be sent to:
Lunatik Marketing Agency
601 W Whittier Blvd Ste F, La Habra, CA 90631
Email: info@lunatikmarketingagency.com
We may provide notices to you through email, your customer account, your billing portal, your Service Agreement, or the contact information you provide.
You are responsible for keeping your contact information current.
35. Electronic Communications
You consent to receive agreements, invoices, notices, disclosures, approvals, and other communications electronically.
Electronic signatures, checkbox acceptances, recorded approvals, and electronic records may be used to demonstrate agreement and authorization to the extent permitted by law.
36. Assignment
You may not assign or transfer these Terms or a Service Agreement without our written consent.
We may assign these Terms or a Service Agreement as part of a merger, acquisition, restructuring, sale of assets, or transfer to an affiliated or successor business.
37. Severability
If any provision of these Terms is held invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be removed.
The remaining provisions will continue in full force and effect.
38. No Waiver
A party’s failure to enforce a provision does not waive its right to enforce that provision later.
A waiver is effective only when it is in writing and signed by the party granting it.
39. Entire Agreement
These Terms, together with the applicable Privacy Policy and Service Agreement, constitute the complete agreement regarding the subject matter they cover and replace prior discussions or understandings relating to that subject matter.
40. Changes to These Terms
We may update these Terms periodically to reflect changes in our services, business practices, technology, or legal requirements.
The updated version will be posted on this page with a revised “Last Updated” date.
Material changes affecting an active paid service may also be communicated through email, an account notice, or another reasonable method.
Your continued use of the website or services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
41. Privacy
Our collection and use of personal information are described in our Privacy Policy
42. Contact Us
Questions about these Terms may be directed to:
info@lunatikmarketingagency.com