Terms of Service
1. Overview
This Terms of Service (“Terms”) govern your use of Mill Creek Marketing’s services, systems, and consulting programs. By engaging with Mill Creek Marketing LLC (“Company”), you agree to abide by these Terms in full.
2. Services Provided
Mill Creek Marketing provides paid ads campaign management, CRM-based sales system setup and support, ongoing marketing and sales coaching, and performance optimization services. Specific services are outlined in your signed agreement and may include:
- Facebook, Instagram and/or Google ad management
- CRM setup and automation
- SMS/email follow-up system
- Sales and marketing coaching
- Review and referral campaigns
- Pipeline and appointment tools
- A2P compliance support
Verbal Agreements & Service Adjustments
If, during your strategic review or coaching call, you verbally agree to upgrade, downgrade, or adjust your service plan, that conversation will be considered authorization to proceed with the new arrangement. A new signed contract is not required unless requested—especially when we’ve built a trusting, collaborative working relationship.
Mill Creek Marketing reserves the right to update or adjust pricing for ongoing services. While we typically honor original pricing terms for existing clients, if a rate change is necessary, we will communicate it clearly and provide a new agreement upon request.
3. Billing & Payments
All payments are due per the agreement signed at onboarding. Billing may be structured as upfront, monthly, or weekly, depending on your selected plan.
If a payment fails, you will have a 7-day grace period to resolve the issue. Past due balances may result in campaign pause or system deactivation.
4. SMS Costs & Usage
Your service includes up to $50/month in SMS & phone service usage. Additional usage is billed at $0.07 per segment for SMS usage. A segment = ~160 characters. Additional usage is billed at $0.07 per minute for phone calls. Number validation, spam detection, and name lookup are billed at $0.05 per action. Plus other fees may apply for premium actions like webhooks, Slack integrations, etc. which are billed at $0.04 per execution.
5. Ownership of Data
All lead and customer data generated through your campaign belongs to you. This includes names, emails, phone numbers, and appointment notes.
6. Intellectual Property
All creative assets, sales workflows, automations, tags, calendars, lead scoring models, and system structure are the intellectual property of Mill Creek Marketing LLC. These assets are not transferable, resellable, or shareable without written permission.
7. Sub-Account Transfers & Offboarding
We do not transfer sub-accounts under any circumstances. Even if automations are removed, the underlying system contains proprietary infrastructure (custom fields, calendar logic, workflows, integrations) developed by Mill Creek Marketing.
If You Choose to Offboard:
You are entitled to:
- A CSV export of your contacts/leads
- The option to port your phone number to another provider
Please note:
- Conversation history and workflow automations do not transfer with the phone number
- If you want to retain full system access (CRM, conversation history, automations, calendar, call recordings, etc.), you may license the system-only for $500/month
You will continue to have access through the end of your current billing cycle. We encourage you to take screenshots or record notes from conversations before that time ends.
8. Exclusivity
While working with Mill Creek Marketing, clients agree not to hire or work with other agencies for paid Facebook/Instagram or Google ad campaigns in the same market/service. Doing so may result in service termination.
9. Campaign Launch Requirements
To launch your campaign, you must provide all required access credentials, payment methods, and intake forms within 14 business days of signup. Delay in setup may delay campaign launch.
10. Third-Party Platform Risk
We are not liable for actions taken by platforms such as Meta (Facebook/Instagram), Google, Twilio, or Mailgun—including disapproved ads, restricted accounts, or message blocking.
11. Cancellation & Refunds
Clients who cancel before the end of their contract are still responsible for the full remaining balance of the original term. There are no prorated refunds. Clients may request a pause, but service billing continues during this time unless otherwise agreed in writing.
12. Credit Card Authorization
By submitting your card at onboarding, you authorize Mill Creek Marketing to charge your card according to your selected payment plan. You agree not to dispute these charges unless there is clear evidence of billing error.
13. Legal & Venue
This Agreement is governed by the laws of the State of Tennessee. Any disputes shall be resolved in Tennessee state court. The prevailing party in any dispute may recover attorney’s fees.