EmBeance Marketing and Design LLC

Terms of Service

Effective Date: March 7, 2026

These Terms of Service (“Terms”) govern all services, packages, and offerings, including bespoke services, marketing plans, consulting, branding, design, paid advertising management, and related deliverables (collectively, the “Services”) provided by EmBeance Marketing and Design LLC (“EmBeance,” “we,” “us,” or “our”) to clients (“Client,” “you,” or “your”).

By purchasing any Services, entering into a contract, or accessing our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not purchase Services or access our website.

1. Services and Deliverables

EmBeance provides professional marketing, branding, and design services including but not limited to:

  • Full-service marketing packages

  • Bespoke brand consulting

  • Website design and development

  • Social media content creation and management

  • Marketing audits and strategic planning

  • Paid media management (including Google Ads and Meta advertising platforms)

  • Brand positioning and framework development

  • Content strategy and campaign planning

  • Any additional services or packages offered by EmBeance

Unless otherwise specified in writing, Services include one (1) revision or edit per deliverable. Additional revisions, edits, or project scope changes will incur additional fees at EmBeance’s current hourly or project rate.

2. Payment Terms and No Refunds Policy

Full payment for Services is required at the time of purchase unless otherwise agreed in writing.

All payments made to EmBeance are non-refundable.

Payments may be made through Gusto, Zelle, Cashapp, or Stripe.

Because time, strategy development, and intellectual property are committed immediately upon engagement, all sales are final and no refunds or credits will be issued under any circumstances.

Chargeback fraud is strictly prohibited. If a Client initiates a chargeback or payment dispute after Services have been delivered or work has commenced, EmBeance reserves the right to pursue all available legal remedies including:

  • Recovery of the full service amount

  • Collection fees

  • Legal costs and attorney fees

  • Immediate termination of all Services

3. Client Responsibilities

The Client agrees to provide all necessary materials, approvals, access credentials, information, and assets required to complete the Services in a timely manner.

Delays caused by Client failure to provide information, approvals, or required access may delay project timelines. EmBeance is not responsible for such delays.

Client agrees that:

  • Communication will primarily occur via email

  • Calls or meetings must be scheduled in advance

  • Response to deliverables must occur within three (3) business days

Failure to respond within this window constitutes acceptance of the deliverable.

EmBeance retains full control over its operational workflow, content frameworks, and marketing strategy implementation methods.

If a Client introduces excessive approval layers, micromanagement requirements, or operational restrictions that create an employer-employee type working structure not originally agreed to, additional work time will be billed at EmBeance’s current hourly rate.

4. Independent Contractor Relationship

EmBeance operates strictly as an independent contractor.

Nothing in this Agreement shall be interpreted to create:

  • an employer-employee relationship

  • a partnership

  • a joint venture

EmBeance maintains full control over:

  • work schedule

  • business operations

  • methods and processes used to perform Services

  • project workflow and strategic implementation

EmBeance may provide services to other clients, including clients in similar or related industries.

Marketing management agreements operate on a renewable one (1) year service framework, unless otherwise specified in writing. Termination requires ninety (90) days written notice as described in Section 13.

5. Delivery and Project Timelines

Standard projects require a minimum processing period of three (3) business days, unless otherwise specified. (Please check your scope of work for more applicable timelines)

Project timelines vary based on scope, project complexity, and Client responsiveness.

Delivery schedules will be communicated at the start of the project.

Clients are responsible for reviewing strategy plans, calendars, and deliverables within three (3) business days. Failure to provide feedback within this window constitutes acceptance of the deliverable.

6. Accuracy of Client Information

The Client represents and warrants that all information, materials, assets, and data provided to Misty Burrell and EmBeance Marketing and Design LLC are accurate, lawful, and complete.

EmBeance shall not be held responsible for:

  • errors

  • omissions

  • campaign performance issues

  • marketing outcomes

resulting from inaccurate, incomplete, or misleading information supplied by the Client.

7. Intellectual Property and Usage Rights

All materials created by EmBeance including but not limited to:

  • marketing strategies

  • frameworks

  • campaign structures

  • ad account configurations

  • creative assets

  • brand messaging

  • design deliverables

  • proprietary systems

remain the exclusive intellectual property of EmBeance until full payment is received.

Upon full payment, the Client receives a limited, non-transferable license to use the deliverables solely for the Client’s internal business purposes.

The following actions are strictly prohibited without written permission from EmBeance:

  • Reselling deliverables

  • Licensing deliverables to third parties

  • Redistributing strategy frameworks

  • Allowing outside contractors, freelancers, virtual assistants, or agencies to replicate proprietary systems

  • Repurposing EmBeance strategy frameworks for other businesses

Due to licensing limitations on design assets, graphics, and illustrations, deliverables may only be used while the Client maintains an active service relationship with EmBeance unless otherwise specified.

EmBeance reserves the right to showcase work in portfolios, case studies, marketing materials, and social media.

8. Paid Media Management (Google Ads & Meta Advertising)

For Clients engaging EmBeance for paid advertising management services including but not limited to Google Ads and Meta advertising platforms, the following additional terms apply:

Ad accounts may remain owned by the Client; however, all campaign structures, audience targeting frameworks, conversion systems, keyword strategies, creative testing models, and campaign optimization methodologies developed by EmBeance remain proprietary intellectual property.

Clients may not:

  • replicate campaign frameworks created by EmBeance

  • transfer campaign structures to third-party contractors

  • allow outside agencies, freelancers, or virtual assistants to reverse engineer or duplicate EmBeance systems

If Services are terminated, Clients retain ownership of their advertising account but may not continue to use, reuse or replicate the proprietary strategy architecture created by EmBeance under any circumstance.

EmBeance reserves the right to remove proprietary campaign structures or intellectual property from accounts upon termination of Services.

Ad spend budgets are paid directly by the Client to the advertising platform and are separate from EmBeance service fees.

EmBeance does not guarantee advertising performance, return on ad spend, or business outcomes.

9. Strategy Non-Transfer Clause

All strategic frameworks, marketing systems, ad structures, campaign blueprints, and intellectual property developed by EmBeance are non-transferable.

Clients may not:

  • provide, copy, or share these strategies with another agency, freelancer, virtual assistant, or third-party contractor

  • reuse any EmBeance strategy frameworks for other businesses or brands

This restriction does not have a time cap, and goes on into the future.

Any violation of this clause constitutes a breach of contract and may result in legal action to protect EmBeance’s intellectual property, including but not limited to:

  • injunctions

  • damages

  • collection of attorney fees and associated costs

10. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during the course of the engagement.

Confidential information includes but is not limited to:

  • client data

  • payment information

  • business plans

  • marketing strategies

  • trade secrets

  • proprietary frameworks such as the EmBeance North Star Framework

Confidential information may not be disclosed to third parties without prior written consent unless required by law.

11. Limitation of Liability

All Services are provided “as is.”

EmBeance makes no guarantees regarding marketing performance, sales outcomes, advertising results, or business growth.

To the fullest extent permitted by law, EmBeance shall not be liable for:

  • indirect damages

  • incidental damages

  • consequential damages

  • lost profits

  • lost business opportunities

arising from the use or inability to use Services.

Client agrees to indemnify and hold EmBeance harmless from any claims, liabilities, damages, or expenses resulting from:

  • the Client’s use of marketing materials

  • violations of advertising platform policies

  • misuse of deliverables

  • inaccurate information supplied by the Client

12. Cancellation, Rescheduling, and No-Show Policy

For Services involving calls, consultations, or strategy sessions:

Clients must provide 48 hours notice to cancel or reschedule.

Missed appointments or late cancellations will not be refunded or credited.

If a Client fails to attend a scheduled session, the session will be considered completed and forfeited.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Georgia.

Any disputes arising under these Terms shall be resolved exclusively in the courts located in Muscogee County, Georgia, which shall have sole jurisdiction.

14. Termination

Either party may terminate Services with ninety (90) days written notice.

EmBeance may terminate Services immediately if the Client:

  • violates these Terms

  • fails to make required payments

  • engages in abusive or unethical conduct

  • misuses intellectual property

Upon termination, all outstanding fees for Services performed become immediately due and payable.

15. Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to events beyond reasonable control including but not limited to:

  • natural disasters

  • acts of terrorism

  • labor disputes

  • government actions

  • major technology failures

In such circumstances, project timelines may be extended.

16. Amendments

EmBeance reserves the right to update or modify these Terms at any time.

Updated Terms will be posted on the website.

Continued use of Services or checking in on our website following changes to this website and subsequent terms constitutes acceptance of the revised Terms.

17. Entire Agreement

These Terms constitute the entire agreement between the Client and EmBeance Marketing and Design LLC and supersede any prior discussions, agreements, or understandings, whether written or oral.

Acceptance of Terms

By purchasing Services from EmBeance Marketing and Design LLC, the Client acknowledges that they have read, understood, and agree to these Terms of Service.