Terms of Service

These Terms of Service govern your use of the ReplugMedia LLC (“Replug Media,” “we,” “us”) website, client portal, and the marketing services we provide. By using the site, creating a portal account, or engaging us for services, you agree to these terms. If you don’t agree, please don’t use the site or portal.

If you accept these terms for a business, you confirm you’re authorized to do so, and “you” means that business as well as you. Our services are for businesses, and you need to be at least 18 to use the portal.

Replug Media creates ads, manages social media, produces marketing materials and video, and runs outreach campaigns for businesses in Scottsdale, Paradise Valley and the greater Phoenix Valley. The scope, deliverables, schedule and price of each engagement are set out in a proposal, quote or service agreement agreed with you. Where that document and these terms conflict, the signed document controls. These terms fill in everything it doesn’t cover.

Work outside the agreed scope, such as extra deliverables, new channels or additional revision rounds, is billed separately at our agreed rates. We’ll tell you before starting work that will be billed this way, and changes to scope are agreed in writing, which includes email.

Good marketing depends on both of us. You agree to:

• Give us accurate information about your business, products, prices and offers.
• Name the people at your business who can approve work and spend, and tell us when that list changes. We’ll act on approvals from them.
• Give us timely access to the accounts, assets and people we need, including admin or partner access to your ad and social accounts.
• Keep your ad accounts funded and your payment methods with the platforms current, so campaigns aren’t paused.
• Follow the laws that apply to your own business, such as licensing, pricing, and industry advertising rules, and tell us about any that affect what we can say.

Delays in getting us information, access or approvals move the schedule back by the same amount, and can affect results we’ve planned around a date.

You’re responsible for the logos, photos, copy, product claims, customer data and other materials you give us, and you confirm you have the right to let us use them. Before anything is published or an ad goes live, we’ll share it for your approval unless you’ve told us in writing that we can post on an agreed schedule without it. Once you approve something, you’re responsible for the accuracy of what it says about your business.

Your proposal sets how many rounds of revisions each deliverable includes. Additional rounds, or changes to a direction you’ve already approved, are billed as out-of-scope work. Please review drafts within the time we agree, since a late review moves the schedule.

Advertising has its own rules. Claims about your products must be truthful and backed up, and testimonials, reviews and influencer posts must reflect real experiences and disclose any payment or free product, as the Federal Trade Commission requires. We’ll flag claims that look risky to us, but we aren’t your lawyer, and the final decision to publish is yours.

Once an invoice for a deliverable is paid in full, the final version of that deliverable (designs, copy, edited video and the like) is yours to use however you want, in the formats we agreed to deliver. We keep the right to show it in our own portfolio unless you ask us not to.

Working files, raw footage, templates, stock assets licensed under our own accounts, and tools or methods we use across clients stay ours, though we’ll export anything reasonably needed for you to keep using a deliverable. Third-party stock, music and fonts stay under their own licenses, which can limit where a deliverable is used, for example music licensed only for social media. We’ll tell you about any such limit when we deliver.

Advertising budgets are paid to the platforms (Meta, Google, TikTok and others) separately from our management fees, normally on your own payment method in an ad account you own. Social and ad accounts we create for you belong to you, and we’ll hand over full access at any time.

Every platform has its own policies and can reject an ad, limit reach, change its features or prices, or suspend an account on its own terms. We work within those rules but don’t control them, and we aren’t responsible for a platform’s decisions or outages. If a platform restricts your account, we’ll help you appeal as part of your service.

Marketing results depend on many things outside our control, so we don’t guarantee any specific number of followers, leads, sales or return on ad spend. What we do commit to is the work described in your proposal, and honest reporting on how it performed.

The client portal lets you view requests and invoices, manage hosting you’ve purchased through us (hosting is provided with our affiliate, Kierland IT), and update your own account details. You’re responsible for keeping your password confidential and for anything done through your account. Tell us right away if you think your account has been accessed without your permission.

Invoices are billed per the pricing and terms agreed with you at signup, whether a flat rate, hourly, or a recurring month-to-month charge. Payment is due by the date shown on each invoice. A recurring invoice’s billing cycle is anchored to when it’s issued, not to when it’s paid, so a late payment doesn’t extend the service period it covers. We’ll email (and, if you’ve opted in, text) an invoice when it’s ready and a reminder if it becomes overdue.

Prices don’t include sales tax. We add Arizona transaction privilege tax at the rate that applies in Scottsdale, shown as its own line on each invoice.

Online payments are processed by Stripe. When you pay an invoice in the client portal, your card is saved with Stripe, and future recurring invoices are charged to it automatically on their billing date. If a charge fails, we’ll email the invoice so you can pay it by hand. You can ask us to remove a saved card at any time.

An invoice still unpaid 14 days after its due date gets a one-time late fee of 10% of the unpaid balance. If an invoice is more than 30 days overdue, we may pause work and campaigns we manage after giving you written notice, and restart them once your account is paid up. Pausing doesn’t stop ad spend billed directly to you by a platform unless we pause the campaigns themselves.

If you think an invoice is wrong, tell us in writing within 30 days of receiving it and we’ll work it out with you. Please come to us before disputing a charge with your bank: if you file a chargeback on a valid charge, you’re responsible for the fees and costs it causes us.

Either of us can cancel a month-to-month service at any time. Payment for the current month is kept, and the service continues through the end of that paid month, then stops.

Refunds are handled case by case. For flat-rate work, we decide each request individually based on the work already done. If we agree to refund a month-to-month service, the refund is prorated for the unused part of the month, and all services stop immediately once the refund is issued.

When an engagement ends, we’ll deliver the paid-for final files you don’t already have, make sure you hold full admin access to every ad and social account we managed, and then remove our own access. Scheduled posts and live campaigns stop when our service does unless you ask us to leave them running.

Running your marketing means seeing your sales numbers, plans, customer lists and account logins. We keep everything we learn about your business confidential, use it only for your work, and share it only with people on our team or providers who need it and are bound to protect it. We don’t share one client’s information with another. In turn, you’ll keep our non-public pricing and methods confidential.

Neither of us has to keep confidential anything that’s already public, that we received legitimately from someone else, or that the law requires us to disclose, though we’ll tell you first where we’re allowed to. This duty continues after our engagement ends. We may work with other businesses in your industry, but never using your confidential information.

Our designers, editors and contractors are central to the work we deliver. While we work together and for 12 months afterward, you agree not to hire or engage, directly or through someone else, any employee or contractor of ours who worked on your account, without our written agreement. This doesn’t apply to someone who answers a general job posting on their own.

If you provide a phone number and check the consent box in the client portal or when setting up your account, Replug Media may text you about your account and your invoices: for example, a link to finish setting up a new account, a notice that an invoice is ready, or a reminder that one is overdue.

Message frequency varies based on your account activity. Message and data rates may apply, per your mobile carrier’s plan. Reply STOP at any time to opt out of text messages, or HELP for help. You can also reach us directly at (520) 557-3914 or contact@replugmedia.com.

Consent to receive text messages is never required as a condition of purchasing any service from us. Carriers aren’t liable for delayed or undelivered messages. Your mobile number and your text messaging opt-in and consent are never sold or shared with third parties or affiliates for their marketing purposes. See our Privacy Policy for more on how we handle your information. You can opt back in at any time by re-adding your phone number and checking the consent box again in the client portal.

Don’t use the site or portal to violate any law, attempt to access another client’s account or data, probe or test our systems’ security without our written permission, interfere with the service’s normal operation, scrape it with automated tools, or misuse the request, invoice, or hosting features for anything other than their intended purpose.

We perform our services with reasonable care and skill. Beyond that, and beyond anything your proposal or service agreement states, the site, portal and services are provided “as is.” We don’t promise specific marketing results, uninterrupted availability of the site or portal, or that a platform will approve or keep running any ad, and we disclaim implied warranties such as merchantability and fitness for a particular purpose, to the extent the law allows.

To the fullest extent permitted by law, Replug Media isn’t liable for indirect, incidental, special or consequential damages, including lost profits, lost sales or ad spend, arising from the site, the portal or our services, even if we were told they were possible. Our total liability for any claim related to the site, the portal or our services is limited to the fees you paid us in the 12 months before the claim, not counting ad spend paid to platforms.

Nothing here limits any liability that can’t legally be limited, or overrides a separately signed service agreement’s own terms.

You agree to defend and indemnify Replug Media against third-party claims, and the costs that come with them, arising from materials you give us or content you approve (including logos, photos, product claims and customer lists), your ad and social accounts, or your breach of these terms, the law or a platform’s rules.

Neither of us is responsible for a delay or failure caused by something outside our reasonable control, such as a natural disaster, a widespread internet or platform outage, a government order, or illness that makes a scheduled shoot impossible. We’ll reschedule affected work as soon as we reasonably can. This doesn’t excuse paying for work already done.

We work for you as an independent contractor, not as your employee, partner or agent. You can’t transfer these terms to someone else without our agreement; we may transfer them to a successor business or to our affiliate Kierland IT. If any part of these terms can’t be enforced, the rest still applies. Not enforcing a term right away doesn’t waive it. These terms, together with your proposal and our Privacy Policy, are the whole agreement between us about their subject. Sections that by their nature should outlast the end of our engagement, such as payment, ownership, confidentiality, liability and disputes, do.

We’ll send notices about your account, invoices and these terms to the email address on your account, and they count as received when sent. Send notices to us at contact@replugmedia.com. Please keep your contact details current in the client portal.

We may update these terms from time to time; the “last updated” date above reflects the most recent change. If a change materially affects current clients, we’ll email you at least 30 days before it takes effect. If you don’t agree to it, you can cancel under “Cancellation, refunds and handover” before then. Continuing to use the site, portal or services after a change takes effect means you accept the revised terms.

These terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

If a dispute comes up, we’ll first try to resolve it informally. If that doesn’t work, both of us agree to try mediation in Maricopa County, Arizona before going to court. If mediation doesn’t resolve it, the state or federal courts in Maricopa County have exclusive jurisdiction.

Questions about these terms? contact@replugmedia.com or (520) 557-3914. ReplugMedia LLC, Scottsdale, Arizona.

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