Agreement.
By accessing sterlingmarketing.agency, requesting a quote, or using any service provided by Sterling Marketing ("we," "us," "our"), you ("Client," "you") agree to these Terms & Conditions. If you don't agree, don't use our services — simple as that.
These terms, together with any signed service agreement or statement of work, form the complete agreement between Sterling Marketing and the Client.
Services we provide.
Sterling Marketing offers digital marketing services for local businesses, including but not limited to:
- Custom website design and development
- Paid social media advertising (Meta, Instagram, TikTok)
- AI automation and messaging systems
- Consulting and strategy
Each service is sold separately
You only pay for what you need. Websites are a one-time project fee. Paid ads and AI automation are monthly retainers. No bundling required, no package upsells unless you want them.
Specific deliverables
Every engagement includes a written statement of work (SOW) or quote that spells out exactly what you'll receive, when, and for how much. The SOW controls — anything not in the SOW isn't included unless we agree in writing.
Payments & billing.
Project work
Website builds and other one-time projects typically require a 50% deposit upfront, with the balance due before launch. We don't publish or hand over final files until the invoice is paid in full.
Monthly retainers
Monthly services (paid ads, AI automation, consulting) are billed on the same calendar day each month, in advance. First invoice is prorated if we start mid-month.
Accepted payment
We accept major credit/debit cards, ACH bank transfers, Zelle, and in some cases wire transfer. Payment processor fees are passed through at cost — we don't mark them up.
Late payments
Invoices unpaid after 7 days incur a 1.5% monthly late fee. After 30 days of non-payment, we may pause services until the account is current. We'll always reach out before taking that step.
Third-party costs
Advertising spend (Meta, Google, etc.), premium software subscriptions, domain registrations, and hosting are the Client's direct responsibility and billed at cost. We don't profit from your ad budget.
SMS messaging.
Sterling Marketing operates automated SMS messaging on behalf of our clients. By calling a client business whose phone system is managed by Sterling Marketing, you consent to receive a brief automated SMS reply from that business if the call is unanswered.
Message frequency varies based on your interactions. Message and data rates may apply. Reply STOP at any time to opt out of future messages. Reply HELP for support.
Full details on how we handle your text data are in our Privacy Policy. We never share your mobile number or SMS opt-in status with any third party for marketing purposes.
Your responsibilities.
For us to deliver great work, we need you to show up as a partner. That means:
- Provide accurate business information, content, images, and brand assets we need to do the work
- Respond to reasonable requests for feedback within 5 business days (otherwise timelines shift)
- Pay invoices on time
- Use services legally — no spam, no illegal content, no misleading advertising
- Treat our team with respect, as we treat you
We reserve the right to decline or end any engagement that violates these principles.
Ownership & intellectual property.
What you own
Once your project is paid in full, you own all final deliverables we created for you — including the website code, written content, logos, graphics, and ad creative. We transfer the files to you upon request.
What we keep
We retain ownership of our underlying tools, templates, processes, and reusable code libraries. We may reuse these on future projects — but never the final work made specifically for you.
Portfolio rights
Unless you request confidentiality in writing, we reserve the right to display finished work in our portfolio, case studies, and marketing materials.
Third-party assets
Any third-party content (stock photos, fonts, plugins, software licenses) is subject to its own licensing terms. We'll always disclose what we use and whether ongoing fees apply.
Warranty & liability.
We stand behind our work
If something we built breaks because of a technical defect in our work, we'll fix it at no charge within 30 days of delivery. After that, bug fixes are included in monthly retainer services or billed hourly for one-time projects.
No guarantees on outcomes
We can't and don't guarantee specific business results — number of leads, revenue growth, ad performance, or search rankings. Marketing involves variables outside our control. We commit to doing the work well and reporting honestly on results.
Limitation of liability
To the maximum extent allowed by law, Sterling Marketing's total liability for any claim related to our services is capped at the total amount you've paid us in the 12 months before the claim arose. We're not liable for indirect, incidental, or consequential damages (like lost profits), even if we've been warned they're possible.
Services provided "as is"
Our services, websites, and automations are provided "as is" without warranties of any kind, express or implied, except as stated above. We don't guarantee uninterrupted or error-free service.
Cancellation.
Monthly retainers
You can cancel any monthly retainer with 30 days' written notice. Services continue through the end of your current billing cycle plus the notice period. No cancellation fees. No "escape clauses."
Project work
If you cancel a one-time project after work has started, deposits are non-refundable and you're responsible for payment for work completed through the cancellation date.
Our right to decline or exit
We reserve the right to end any engagement if the Client violates these terms, becomes abusive, uses our work for illegal purposes, or stops paying. We'll give notice and work to transition responsibly whenever possible.
Data at the end
After cancellation, we'll provide you with your final files, assets, and access credentials within 14 days. We may delete our internal copies of your data after 90 days unless law requires us to retain it.
Disputes.
If something goes wrong, we'd rather talk it out than lawyer up. Both parties agree to attempt good-faith resolution directly for at least 30 days before pursuing any legal action.
If that fails, these terms are governed by the laws of the State of California, and any legal action will be filed in the state or federal courts of Solano County, California.
Changes to these terms.
We may update these terms occasionally. If we make material changes that affect existing clients, we'll give you 30 days' written notice. For general website visitors, the updated "Effective" date at the top of this page serves as notice.
If you keep using our services after a change, that counts as acceptance of the new terms. If you don't agree, your remedy is to cancel per the terms above.