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Terms of Service

Terms of Service

Last updated: June 15, 2026

These Terms of Service ("Terms") govern your use of services provided by Marcketing Monkey ("Company," "we," "us," or "our"), operated by Marc Sullivan, located in Kern County, California. By engaging our services, you agree to these Terms.

1. Services Provided

Marcketing Monkey provides AI-powered lead response systems, local SEO services, and lead generation services for home service contractors in Kern County, California. Specific services are outlined in your individual service agreement.

2. Client Responsibilities

Important: It is the client's sole responsibility to close jobs and convert leads into booked work. Marcketing Monkey provides leads and automated response systems, but cannot be held responsible if a potential customer does not show up, does not call back in time, does not respond to outreach, changes their mind, or otherwise fails to convert into a paying customer. The client must actively respond to leads in a timely manner to maximize conversion opportunities.
  • Respond to leads and customer inquiries promptly (within minutes, not hours, when possible)
  • Maintain accurate and up-to-date business information for the AI knowledge base
  • Provide professional service to all leads generated through our systems
  • Keep billing information current and pay invoices on time
  • Notify us of any changes to service area, services offered, or business operations

3. Licensing and Insurance Requirements

Mandatory: All clients are expected and required to hold all licenses, certifications, bonds, and insurance policies required by their respective trade and the applicable laws of California and Kern County. This includes but is not limited to contractor's licenses, liability insurance, workers' compensation insurance, and any trade-specific certifications. Marcketing Monkey does not verify licensing or insurance status. It is the client's responsibility to remain compliant with all legal requirements in their industry.

4. A2P 10DLC SMS Communications Compliance

By engaging our services, you acknowledge and agree to the following regarding SMS communications sent on behalf of your business:

  • SMS messages will be sent to customers who have provided their phone number and expressed interest in your services
  • All SMS communications comply with the A2P 10DLC (Application-to-Person 10-Digit Long Code) messaging standards
  • Recipients may opt out of SMS communications at any time by replying STOP
  • Message and data rates may apply to recipients of SMS messages
  • We do not send unsolicited bulk SMS messages
  • Client is responsible for ensuring their business use case complies with carrier and CTIA guidelines

5. No Guarantee of Results

Marcketing Monkey makes no guarantees regarding specific outcomes including:

  • Number of leads generated per month
  • Search engine rankings or ranking timelines
  • Revenue generated from leads
  • Close rates or conversion rates
  • Return on investment

SEO results typically take 3-6 months to materialize. AI lead response results are immediate but depend on the quality of incoming inquiries and the client's responsiveness.

6. Payment Terms

Services are billed monthly in advance. Setup fees are due prior to service commencement. Late payments may result in service suspension. All fees are non-refundable unless otherwise specified in writing.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Marcketing Monkey's total liability for any claims arising from or related to our services shall not exceed the total amount paid by the client in the three (3) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenue.

8. Indemnification

You agree to indemnify, defend, and hold harmless Marcketing Monkey, its owner, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with: (a) your access to or use of our services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your business operations and any disputes with customers; or (e) any claim that your business caused property damage, personal injury, or other harm.

9. Intellectual Property

All content, systems, AI configurations, and methodologies created by Marcketing Monkey remain the property of Marcketing Monkey. Content created specifically for your business (such as your knowledge base, city-specific pages, and branded materials) will be transferred to you upon full payment and termination of services.

10. Termination

Either party may terminate services with 30 days written notice. Marcketing Monkey reserves the right to terminate services immediately for non-payment, violation of these Terms, or any illegal activity. Upon termination, client retains access to deliverables but loses access to ongoing services and AI systems.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes shall be resolved in Kern County, California.

12. Modifications

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the new Terms.

13. Contact Information

For questions about these Terms, contact us at:

Marcketing Monkey
Kern County, California
Email: marc@marcketingmonkey.com
Phone: (661) 555-1234