Last updated: June 4, 2026

By engaging Abode Marketing (“Agency”) for services, including by signing a retainer agreement or paying any invoice referencing these Terms, the client (“Client”) agrees to these Terms of Service.

1. Services

The Agency provides marketing and advertising services as outlined in the proposal, statement of work (SOW), or Retainer Agreement signed by both parties. Services may include local SEO, content creation, paid advertising, social media management, branding, website work, reputation management, listings management, and strategic consulting.

2. Contract Acceptance & Payment

The primary form of acceptance is a signed Retainer Agreement (electronic signatures are legally binding under the federal E-SIGN Act and Louisiana UETA).
As a fallback for one-off services without a separate signed agreement, by paying any invoice from the Agency, the Client confirms they have received, read, and agreed to these Terms of Service. Payment alone constitutes a binding agreement for the scope of that invoice.
All invoices are due upon receipt unless otherwise specified in writing.
Late payments incur a 1.5% monthly fee on the outstanding balance.
The Agency may suspend services if payment is more than 10 days overdue.
Client is responsible for collection costs, including reasonable attorney’s fees, to the extent permitted by applicable law.

3. Electronic Signatures

The parties agree that contracts and amendments may be executed by electronic signature, including through the Agency’s contracting platform. Electronic signatures have the same legal effect as handwritten signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001 et seq.) and the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601 et seq.).

4. Retainer Term and Termination

Minimum initial retainer: three (3) months unless otherwise specified in the Retainer Agreement.
After the initial period, the engagement continues month-to-month.
Either party may terminate with thirty (30) days’ written notice after the initial period.
Client remains responsible for fees for services performed through the termination date.

5. Service Changes

Any change to the scope of services must be agreed in writing (email is sufficient) before the work is performed.

6. Results Disclaimer

Marketing results depend on many factors outside the Agency’s control, including search engine algorithm changes, advertising platform policy changes, competitor activity, market conditions, and the Client’s own actions. The Agency does not guarantee any specific rankings, traffic levels, conversion rates, revenue, or other outcomes. The Agency commits to using industry-standard methods and good-faith effort.

7. Third-Party Platforms

The Agency uses third-party platforms (Google, Meta, LinkedIn, hosting providers, CRM tools, payment processors) to deliver services. The Agency is not responsible for third-party platform outages, policy changes, account suspensions, or fee changes. Where a Client account is suspended by a platform, the Agency will assist with appeals on a best-effort basis but cannot guarantee reinstatement.

8. Confidentiality

Both parties will keep confidential any proprietary or sensitive information shared during the engagement. Confidential information includes marketing strategies, pricing, customer lists, login credentials, and business operations. This obligation survives termination.

9. Intellectual Property

Client retains ownership of all pre-existing IP they provide.
Work product created by the Agency transfers to the Client upon receipt of full payment.
The Agency retains the right to display anonymized or attributed work in its portfolio and case studies unless the Client requests otherwise in writing.

10. Data Processing

When the Agency accesses Client systems, accounts, or data on behalf of the Client (e.g., Google Analytics, ad accounts, CMS logins), the Agency acts as a data processor. The Agency will only use such access for the agreed scope, will protect credentials with industry-standard practices, and will return or destroy credentials upon termination.

11. Website Accessibility & Regulatory Compliance

Compliance with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), state-level accessibility laws, FTC endorsement and advertising rules, social platform terms of service, HIPAA (where applicable), and any other regulatory requirement applicable to Client’s business or Client’s website is the sole responsibility of Client unless a specific compliance deliverable is expressly named in the signed Retainer Agreement or SOW.

The Agency may, on a best-effort basis, follow accessibility best practices (alt text, semantic structure) when producing deliverables under the Agency’s direct control, but the Agency does not warrant that any Client website, social profile, or third-party platform meets any particular accessibility or regulatory standard.

12. Limitation of Liability

The Agency will not be liable for indirect, incidental, special, consequential, or punitive damages. The Agency’s total liability for any claim related to the services shall not exceed the fees paid by the Client in the three (3) months preceding the claim.

13. Indemnification

Client agrees to indemnify the Agency, its owner, employees, and contractors against claims arising from: (a) the Client’s use of the services, (b) the Client’s website, including accessibility-related claims, (c) the Client’s content, products, or services, (d) the Client’s business operations, (e) the Client’s breach of these Terms or any signed agreement, except where caused by the Agency’s gross negligence or willful misconduct.

14. Force Majeure

Neither party is liable for delay or failure due to events outside reasonable control, including natural disasters, hurricanes, severe weather, government action, internet or platform outages, or third-party service failures. The affected party will notify the other and resume performance when possible.

15. Dispute Resolution

The parties will first attempt good-faith resolution through direct communication. If unresolved within thirty (30) days, disputes under $50,000 shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Rules. The arbitration shall be conducted remotely (by video/telephone) or, if in person, in Lafayette Parish, Louisiana. Disputes above $50,000 may be brought in the state or federal courts located in Lafayette Parish, Louisiana, and the parties consent to personal jurisdiction and venue in those courts regardless of where the Client is located. Each party waives the right to a jury trial.

16. Governing Law

These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law principles. The Agency is headquartered in Louisiana and serves clients in all 50 states; by engaging the Agency, Client agrees that Louisiana law and the venue provisions above apply regardless of the Client’s own state of residence or business operation.

17. Termination for Breach

The Agency may terminate immediately for material breach, non-payment, illegal Client activity, or Client conduct that creates risk to the Agency, its employees, or its other clients.

18. Amendments

The Agency may update these Terms by posting changes on the website with a new “Last updated” date. Material changes affecting Client rights take effect thirty (30) days after the Client is notified by email. Continued use of services after the notice period constitutes acceptance.

19. Entire Agreement

These Terms, together with any signed Retainer Agreement, SOW, or proposal, constitute the entire agreement. They supersede prior promises, representations, or understandings.

20. Contact

Abode Marketing Email: kayce@abodetheagency.com Phone: (337) 270-5011 Mailing address: Thibodaux, Louisiana 70301 Website: https://abodemarketingagency.com