Service Agreement

This Service Agreement (“Agreement”) is entered into once your subscription order is placed and funds have cleared. This agreement exists between Rogue Star Marketing, LLC. “The Service Provider” and Client as outlined in order form.

1. Services Provided:

Depending on the service package chosen, The Service Provider agrees to perform either PPC (Pay-Per-Click) management services (including but not limited to campaign strategy, keyword research, ad creation, and ongoing optimization), Automation Services (creation, implementation, & upkeep of custom built automation software for marketing & customer relation purposes), or Automated Social Media Posting (creation of custom setup automation to link photo sharing application with social media accounts).

For Automated Social Media Posting to work the client must have a Company Cam account, paid for by the client, directly to Company cam (not included in any subscription to Rogue Star Marketing).

Additional services may be included once agreed upon in writing by both Parties.

2. Performance and Deliverables:

Due to the competitive nature of advertising, The Service Provider cannot guarantee any gains financially, performance based, or otherwise assumed.

Deliverables will be provided to the Client as per the schedule agreed upon by both Parties.

3. Fees and Payment Terms:

The Client agrees to pay the Service Provider a fee based on the selected service during checkout. Fees are payable monthly, and Client agrees to have monthly fees automatically charged to a card saved on file until written cancellation is received by The Service Provider.

Additional expenses incurred by the Service Provider in the provision of services will be billed to the Client. These expenses include but are not limited to post card mailings, gift mailings, and text messages, calls, and emails in excess of the monthly $25 allowance provided by The Service Provider.

All Postcard and gift mailings will incur a 15% markup to cover payment processing & fulfilment fees.

For PPC & LSA campaigns, the Client is responsible for payment of all ad usage fees directly to google. Rogue Star Marketing will never collect any fees on behalf of Google.

4. Refund Policy

Due to the nature of digital marketing, strategy development, and automation setup, all payments made to Rogue Star Marketing are non-refundable.

Monthly Services & Retainers: Payments for ongoing marketing, automation, and consulting services are non-refundable once the billing period begins. No partial refunds will be issued for unused portions of the service.

Project-Based Services: If a project is canceled before completion, any payments made are non-refundable, and any remaining balance for completed work will still be due.

Software & Integrations: Custom software setups, integrations, and automation builds are non-refundable once work has begun. Exceptional Circumstances: If Rogue Star Marketing is unable to fulfill services due to unforeseen circumstances on our end, a partial refund or credit may be considered at our discretion.

5. Cancellation Terms

Clients may cancel their services with Rogue Star Marketing by providing written notice according to the terms outlined below:

Month-to-Month Services: A 30-day written notice is required to cancel any recurring marketing, automation, or consulting services. The final billing cycle will be processed during this period, and services will remain active until the end of the final paid month.

Contract-Based Services: If you have a service agreement with a fixed-term contract, cancellation before the contract’s expiration may result in early termination fees as outlined in your agreement.

Custom Software & Automations: Due to the complexity of custom software development and integrations, cancellations are not permitted once work has commenced. Any unpaid balance for completed work will still be due.

Ad Campaigns & Third-Party Services: If your service includes paid ad campaigns (e.g., Google Ads, Facebook Ads), cancellation does not automatically stop ad spend with third-party platforms. It is the client’s responsibility to terminate any ad accounts outside of Rogue Star Marketing’s control.

6. Client Responsibilities

The Client will provide all necessary assets & access to their digital assets for campaign management. These assets include but are not limited to: access to website, Google business profile, social media accounts, CRM software, or other software’s needed to fulfil automation services, service photos, company logo files, list of services, targeted serviced areas, and keywords they wish to target. The Client agrees to review and approve deliverables in a timely manner.

7. Confidentiality Clause

Both Parties agree to keep confidential information in strict confidence and to use it only for the purposes of this Agreement.

8. Intellectual Property Rights

All intellectual property developed by the Service Provider under this Agreement (including automations, scripts, coding, sites, forms, surveys, links, graphic designs, and other custom created assets) will be wholly owned by The Service Provider.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Rogue Star Marketing shall not be liable for any direct, indirect, incidental,
special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by Client or any third party, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising from: (i) access to or use of or inability to access or use the services; (ii) reliance on any third-party software integrated into our
services; (iii) any conduct or content of any third party on the services; (iv) any content obtained from the services; and (v) unauthorized access, use, or alteration of your transmissions or content.

10. Force Majeure

Rogue Star Marketing shall not be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, third-party software failures, or other natural or unforeseeable events ("Force Majeure Event").

In the event of a Force Majeure Event, the affected party shall promptly notify the other party of the occurrence and the anticipated duration of the delay. Both parties agree to use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance of their obligations as soon as practicable.

11. Service Continuity Disclaimer

Rogue Star Marketing strives to ensure that its services are available and functioning properly at all times. However, Rogue Star Marketing does not guarantee that the services will be uninterrupted, error-free, or free from viruses or other harmful components. Access to the services may be interrupted due to maintenance, upgrades, third-party software issues, or
unforeseen technical problems.

Rogue Star Marketing reserves the right to modify, suspend, or discontinue any aspect of the services at any time without notice. Additionally, reliance on third-party software means that Rogue Star Marketing cannot control their availability or performance and thus shall not be held liable for any losses or damages resulting from such interruptions or modifications.

12. Indemnification

Client agrees to defend, indemnify, and hold harmless Rogue Star Marketing, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: (i) Client's use of the services; (ii) any violation of these Terms of Service by Client; (iii) any content submitted by Client; (iv) any infringement of any intellectual property or other rights of a third party by Client; or (v) issues arising from the use of third-party software integrated into the services. Rogue Star Marketing will provide reasonable notice of any such claim to Client and cooperate in the defense of such claims. Client shall not settle any claim without the prior written consent of Rogue Star Marketing, which shall not be unreasonably withheld.

13. Third-Party Services

Our services may integrate or interact with third-party applications, tools, or services ("Third-Party Services"). These Third-Party Services are subject to their own terms and conditions, privacy policies, and usage restrictions, which are not controlled by Rogue Star Marketing.

Rogue Star Marketing does not assume any responsibility or liability for the availability, accuracy, content, or policies of Third-Party Services. Client acknowledges and agrees that the use of Third-Party Services is at their own risk and that Rogue Star Marketing is not responsible for any issues arising from such use.

14. Dispute Resolution

Any disputes arising from this Agreement will be resolved through mediation, followed by binding arbitration if necessary.

15. Governing Law

This Agreement shall be governed by the laws of Texas.

16. Miscellaneous:

This Agreement contains the entire understanding of the Parties and supersedes all prior agreements between them. Neither Party may assign any rights under this Agreement without the prior written consent of the other Party.

For privacy-related inquiries, please refer to our privacy policy: privacy policy