Termsand conditionsTermsand conditions

Thank you for choosing NWA Marketing. We're local small-business owners working with local small-business owners, and we wrote these terms in plain language so they're easy to read. They explain what we do for you, what we need from you, how billing works, and who owns what. If anything here is unclear, ask us before you sign.

In these terms, "we," "us" and "NWA" mean NWA Marketing LLC, an Arkansas limited liability company. "You" means the business that signs up, and the person accepting these terms on its behalf.

1. How this agreement starts

1.1 Accepting these terms. You accept these terms by signing our Service Confirmation, a separate form we give you when you sign up, or by ticking the terms box at Stripe checkout. This agreement begins on the date you accept.

1.2 Our whole agreement. These terms and your signed Service Confirmation make up our agreement.

1.3 When work begins. We start work once we have both your signed Service Confirmation and your first payment.

1.4 Authority. The person accepting these terms confirms that they're authorized to sign up the business and to bind it to this agreement.

1.5 Electronic signatures and business use. You agree that we can do business electronically. Signing on paper, signing electronically or ticking a checkout box each counts as your signature. You're buying our services for your business, not for personal or household use.

2. Our services

2.1 What you can buy. Our services and prices are listed below. Your Service Confirmation shows which ones you chose.

Prices don't include sales tax. See Section 4.4.

2.2 Website plans. Both website plans include:

• building your website
• hosting
• maintenance
• routine updates
• access to your Command Center (your client dashboard)

Routine updates are small changes to existing pages, such as hours, menus, prices, photos and text. New pages, new features and redesigns are custom work.

2.3 Startup Content. Startup Content is a one-time shoot of original photography and video of your business. We edit it and deliver it for your marketing and website.

2.4 Add-on packages. We deliver the blogs, local search, newsletter and social media packages as described when you sign up. The Local Search Package covers ongoing local search work beyond the basic search setup that comes with your website plan.

2.5 Custom work. We quote anything not listed above separately. It's covered by a written add-on to this agreement that both of us approve.

2.6 Logins. We set up your Command Center and the other logins you need. Keep your login details private, and tell us right away if you think someone else has them.

2.7 Outside services. Your website and marketing run on services we don't control, including hosting providers, Google, Meta, email platforms and Stripe. We choose reliable ones and work around their problems. We aren't responsible for their outages, policy changes, or decisions about your accounts.

3. What we need from you

3.1 Main contact. Name one person who can answer questions and approve work for your business. Tell us if that person changes.

3.2 Your materials. Give us your logo, business information and anything else we reasonably need to do the work. That includes hours, services, prices and photos you already own. Make sure what you give us is accurate, and that you have the right to let us use it.

3.3 Approvals. Some work needs your approval before it goes live, such as new website pages, blog posts, newsletters and social media posts. Please respond within five business days. If we don't hear back, we may hold that work until you respond. Waiting on an approval doesn't pause your billing.

3.4 Access. Give us the access we need to your domain, Google Business Profile and social media accounts. That access stays yours, and you can change it at any time.

3.5 Shoot days. For content shoots:

• have your location ready at the agreed time
• let staff and customers know we'll be filming
• help us get signed release forms from anyone who will appear on camera (see Section 9.10)

3.6 Your business claims. You're responsible for the accuracy and legality of what your business offers and claims, including prices, specials, health or safety claims, and licenses. We publish what you approve, but we can't verify it for you.

4. Billing and automatic renewal

4.1 How you're billed. Stripe collects every payment using the payment method you give us when you sign up. We take your first payment at sign-up. That date becomes your billing date each month.

4.2 Automatic renewal. Monthly plans renew automatically every month on your billing date. Stripe charges your payment method each month until you cancel under Section 6, and by signing up you agree to these recurring charges. After its six-month first term, the 6-month website plan keeps renewing month to month at the same price. It does not renew into another six-month term. Social media packages work the same way after their 3-month first term.

4.3 Receipts and reminders. Stripe emails you a receipt for each payment and lets you know if a payment fails. Please keep your billing email and payment method up to date.

4.4 Taxes. Our prices don't include sales tax. Arkansas taxes photography, so where the law requires it we'll add sales tax to Startup Content and other photo and video work. It will show as a separate line on your bill. We'll also add any other tax the law requires on our services.

4.5 Questions about a charge. If a charge looks wrong, please contact us before you dispute it with your bank. We'll look into it and fix any mistake promptly.

5. Commitment terms

5.1 What you're committing to. The 6-month plan gives you a lower monthly price: $249.99 instead of $299.99. In return, you agree to pay for six full months. The six months start on your first billing date.

5.2 Leaving early. You can cancel during the first six months. If you do, you'll owe an early-cancellation fee equal to 50% of the monthly payments left in the six-month term. You can pay it all at once or on your normal billing dates. When we offer the lower price, we plan our shoot schedule, time and up-front setup work around your six months. Those costs are hard to measure exactly, so the fee is our fair estimate of what an early exit costs us. Your website stays live and managed through the end of the period you've paid for.

5.3 If we're the reason you leave. If we seriously fail to deliver what we promised, tell us in writing. If we don't fix it within 30 days, you may cancel without the early-cancellation fee.

5.4 After six months. Once your first six months end, you can cancel at any time under Section 6, with no early-cancellation fee.

5.5 Switching plans. You can move from the no-commitment plan to the 6-month plan at any time. Your new six-month term starts on your next billing date.

5.6 Social media packages. Every social media package starts with a 3-month first term, beginning on that package's first billing date. After three months, it continues month to month at the same price. It does not renew into another 3-month term.

5.7 Leaving a social media package early. You can cancel a social media package during its first three months. If you do, you'll owe an early-cancellation fee equal to 50% of the monthly payments left in the 3-month term. You can pay it all at once or on your normal billing dates. We plan content, shoot schedules and production time around your first three months, and much of that work happens up front. Those costs are hard to measure exactly, so the fee is our fair estimate of what an early exit costs us. Your package continues through the end of the period you've paid for.

5.8 How the commitment terms fit together. Section 5.3 applies to social media packages the same way it applies to the 6-month website plan. Each first term runs separately: a social media package's three months are counted on their own, apart from any website plan.

6. Cancelling

6.1 How to cancel. Email support@nwa-marketing.com from your main contact's email address and tell us which services you want to cancel. We'll confirm by email within two business days. If your Command Center has a cancel option, you can use that too.

6.2 When cancellation takes effect. Send your notice at least 7 days before your next billing date. Your service then ends on the last day of the month you've paid for, and you won't be charged again. If your notice arrives later than that, cancellation takes effect at the end of the following month. During a first term under Section 5, Section 5 also applies.

6.3 Add-on packages. The blogs, local search and newsletter packages run month to month unless your Service Confirmation says otherwise. Social media packages follow Section 5 during their first three months, then run month to month. You can cancel them the same way at any time.

6.4 If we cancel. We may end this agreement for any reason with 30 days' written notice. If we do, we'll refund anything you prepaid for service after the end date, and you won't owe an early-cancellation fee. We may end it sooner if you seriously break these terms and don't fix the problem within 15 days of our notice. Late payment is handled under Section 7 instead.

6.5 When service ends. Your website stays live through the end of your last paid month. Within 14 days after that, we remove our code from your domain, and we'll help you point your domain wherever you like. Section 9 explains what you can keep using.

7. Late payment

7.1 Failed payments. If a payment fails, Stripe retries it automatically and emails you. Please update your payment method as soon as you can.

7.2 At 60 days overdue. If a payment is still unpaid 60 days after its due date, we stop all services, and your website stops displaying until your balance is paid. We'll email your main contact at least 10 days before this happens.

7.3 30 days after your website is blocked. If the balance is still unpaid, we remove our code from your domain.

7.4 What we never touch. Even if our code is removed, you keep your domain and can do whatever you want with it. We never block, hold or change anything you own. That includes your domain, your registrar account, your Google Business Profile and your social media accounts.

7.5 Getting back up and running. To restore service at any point, pay all overdue amounts. If we've already removed our code, restoring your site may take up to 10 business days.

7.6 What you owe in the meantime. Monthly fees keep coming due until services stop under Section 7.2. If you're in a first term under Section 5, Section 5 still applies.

7.7 Future changes. We may change these time periods in future versions of these terms, with notice under Section 12.

8. Refunds

8.1 Monthly services. We don't refund partial months. When you cancel, your service runs through the end of the month you've paid for.

8.2 Startup Content. If you cancel Startup Content before your shoot date, we'll refund it in full. Once the shoot has happened, it isn't refundable. If we can't complete the shoot for reasons on our side, we'll reschedule it or refund you in full.

8.3 Our mistakes. If we charge you by mistake, we'll refund the mistaken amount.

9. Who owns what

What's yours

9.1 Your domain. You always own your domain name. Your domain should be registered in your business's name, in your own registrar account, and you give us the access we need to connect it. If you ask us to register a domain for you, we'll register it with your business as the owner and bill you for its cost. We'll hand over full control whenever you ask.

9.2 Your accounts. Your Google Business Profile, social media accounts and email lists belong to you, even when we manage them. When service ends, we'll give back any account control we hold and remove our access.

9.3 Your brand and materials. Your business name, logo, trademarks, and the text and files you give us stay yours. You give us permission to use them to provide our services while this agreement is active.

What's ours

9.4 Our code and systems. NWA owns all the software, code, templates, designs, tools and internal systems we build or use to run your website and services. That includes your Command Center, and it applies even when we build something specifically for your business. While your account is active and paid up, you may use them as part of your services. You may not copy, sell or move our code, or have someone else rebuild your site from it.

9.5 Content we create. NWA owns all photos, video, audio, interviews and other content we capture, from the moment we capture it. That includes edited versions and content from your Startup Content shoot. It also includes the written content we produce for you, such as blog posts, newsletters and social media posts.

Your right to use our content

9.6 While you're a client. You may use all content we deliver to market your own business. That includes your website, social media, ads, signs, menus and printed materials. You can crop, resize and caption it. There's no separate charge for content: Startup Content is your purchase of your initial content, and later content is included in your plans unless we tell you otherwise in writing.

9.7 After you leave. You may keep using content we delivered before your service ended, permanently and at no extra cost, to market your own business. That includes your Startup Content and anything we delivered while your account was paid up. You'll lose this right only if you leave owing us money and don't pay within 30 days of our written request.

9.8 Limits on your use. Under Sections 9.6 and 9.7, you may not:

• sell or license our content to others
• claim you created it
• use it for a different business
• use it in a way that harms anyone shown in it

Content we deliver isn't exclusive to you, but we won't license it to a competitor of yours. Sections 9.6 and 9.7 are the only rights you have in our content. We don't give any other license, written or implied, including by delivering content to you or accepting your payment.

9.9 Our own use of content. We may use content we create to market NWA Marketing, including after you leave. That includes our website, social media, portfolio and pitches to other businesses. Using the name, logo or likeness of your business, or of any person in the content, is covered by our Release and Permission Form (Section 9.10). Without a signed release, we won't publish identifiable people, or your business's name or logo, in our own marketing.

People on camera

9.10 Release and Permission Form. These terms cover our business relationship and who owns content. They don't give anyone permission to use a person's image, voice or likeness. They also don't give NWA permission to use your business's name or logo in NWA's own marketing. Our separate Release and Permission Form covers those things.

Before your first shoot, we'll give you the form. You agree to:

• sign it for your business
• help us get it signed by each owner, employee or other person who will appear identifiably on camera

If the release form and these terms conflict about a person's likeness, the release form controls.

9.11 Free sample shoots. Content from any free sample shoot we did before you signed up is treated as delivered content under this Section 9.

10. Service standards

10.1 Our promise. We'll do our work carefully and professionally, as a skilled local marketing business would.

10.2 Response times. We reply to support requests within two business days. We finish routine website updates within five business days of receiving everything we need. If your site is down, we give it same-day attention during business hours.

10.3 Uptime. We use reliable hosting and work to keep your website online. We don't guarantee a specific uptime percentage, because that depends on hosting and internet providers we don't control.

10.4 No guaranteed results. MARKETING RESULTS DEPEND ON MANY THINGS OUTSIDE OUR CONTROL. WE DON'T GUARANTEE SEARCH RANKINGS, WEBSITE TRAFFIC, FOLLOWERS, REVIEWS, LEADS OR SALES. APART FROM THE PROMISES IN THIS SECTION 10, OUR SERVICES ARE PROVIDED AS THEY ARE, WITHOUT ANY OTHER WARRANTIES, WHETHER STATED OR IMPLIED.

11. Liability

11.1 Limit on what we owe. OUR TOTAL RESPONSIBILITY TO YOU FOR ALL CLAIMS RELATED TO THIS AGREEMENT IS LIMITED TO WHAT YOU PAID US IN THE THREE MONTHS BEFORE THE PROBLEM HAPPENED. THIS APPLIES WHETHER A CLAIM IS BASED ON CONTRACT, NEGLIGENCE, WARRANTY OR ANY OTHER LEGAL THEORY.

11.2 Indirect losses. NEITHER OF US IS RESPONSIBLE TO THE OTHER FOR LOST PROFITS, LOST BUSINESS, OR OTHER INDIRECT OR CONSEQUENTIAL LOSSES, EVEN IF WE KNEW THEY WERE POSSIBLE.

11.3 When the limits don't apply. The limits in Sections 11.1 and 11.2 don't apply to:

• amounts you owe us for services
• the promises in Section 11.4
• either side's gross negligence, fraud or intentional misconduct
• anything else the law doesn't allow to be limited

11.4 Claims about materials. If someone makes a legal claim against us over materials you gave us, or over business claims you approved, you'll cover our costs. If someone claims that content or code we created infringes their rights, and you used it as these terms allow, we'll cover your costs.

12. Changes to prices and these terms

12.1 Notice. We'll email your main contact at least 30 days before any price increase or important change to these terms takes effect.

12.2 Price lock. A plan's monthly price won't go up during its first term under Section 5.

12.3 Your choice. If you don't want to accept a change, you can cancel before it takes effect without any early-cancellation fee. If you keep using our services after that date, you've accepted the change.

13. Confidentiality

13.1 We keep your business information, logins and customer data private. We use them only to provide your services, and we share them only with the providers we need to do the work. In return, you'll keep our pricing details, systems and Command Center private.

14. Arkansas law and disputes

14.1 Arkansas law. Arkansas law governs this agreement.

14.2 Talk first. If there's a problem, contact us first. Both sides agree to try in good faith to work it out within 30 days before taking legal action.

14.3 Where disputes go. If we can't work it out, either side may file in Arkansas small claims court where the law allows. Otherwise, disputes go to the state courts of Washington County, Arkansas.

15. General terms

15.1 Notices. We send notices to your main contact's email address, and you send yours to support@nwa-marketing.com. Email notices count as written notice.

15.2 Order of documents. If these terms, your Service Confirmation or a signed add-on for custom work conflict, the signed add-on controls first, then the Service Confirmation, then these terms.

15.3 If one part fails. If a court finds any part of these terms unenforceable, the rest still applies.

15.4 Transfer. You may not transfer this agreement to someone else, such as a buyer of your business, without our written okay. We won't refuse it unreasonably.

15.5 What lasts after the agreement ends. Sections 7, 9, 11, 13 and 14 keep applying after this agreement ends. So does anything you still owe us.

15.6 Things outside anyone's control. Neither of us is responsible for delays caused by events beyond reasonable control, such as severe weather, power or internet outages, or provider failures. This doesn't excuse payment.

Using this website

Prices and descriptions on this site are current at the time of writing and may change. Anything quoted to you directly is what applies to your work.

Use the contact page. It reaches the people who would do the work.