BlackOcean Marketing, LLC Terms & Conditions (T&C) &

Master Service agreement (msa)

Effective Date: March 12, 2026

Welcome to BlackOcean Marketing, LLC (“Company,” "Agency," “we,” “our,” or “us”). By accessing or using our website, services, or materials (collectively, the “Services”), you agree to comply with and be bound by these Terms & Conditions. If you do not agree, please do not use our Services.

1. Use of Services

You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You may not use our Services in a way that could damage, disable, or interfere with their operation.

2. Intellectual Property

All content, materials, graphics, designs, and copy created by or for BlackOcean Marketing, LLC are protected by intellectual property laws. You may not reproduce, distribute, or use our materials without express written permission.

3. Governing Framework & Client Engagements

All client projects, campaigns, and consulting engagements are governed by this Master Service Agreement (MSA) and a separate, project-specific Agreement or Statement of Work (SOW) outlining the specific scope, deliverables, payment, and ownership rights. In the event of a conflict between these Terms and a specific SOW, the terms of the signed SOW shall prevail for that specific engagement. Acceptance of any Estimate, Work Order, or SOW via electronic means constitutes a binding agreement under these Terms.

4. Payments

All payments are due as outlined in your proposal or invoice. Late payments may incur fees or project delays. All deposits are non-refundable unless otherwise stated in writing.

Acceptance of any Estimate, Work Order, or Proposal via electronic means (including QuickBooks Online) constitutes a binding agreement under these Terms.

5. Third-Party Tools & Integrations

Our website and services may integrate with third-party platforms including, but not limited to, Go HighLevel (GHL), Google Forms, Google Analytics, and monday.com to facilitate communication, data tracking, and project management. By using our site or submitting forms, you acknowledge that these platforms may collect and process data per their respective privacy policies.

Go HighLevel Privacy Policy: https://www.gohighlevel.com/privacy-policy
Google Privacy Policy: https://policies.google.com/privacy
monday.com Privacy Policy: https://monday.com/trustcenter/privacy

We are not responsible for the privacy practices or performance of third-party services.

6. Disclaimer of Warranties

Our Services are provided “as is.” We make no guarantees regarding performance, outcomes, or profitability. Marketing success depends on external factors beyond our control.

7. Limitation of Liability

BlackOcean Marketing, LLC shall not be liable for any indirect, incidental, or consequential damages arising from use of our Services. Our total liability will not exceed the amount paid by the client for the specific Services rendered.

8. Client Responsibilities

Clients agree to provide all required materials, approvals, and access to assets necessary for project completion. Delays in providing such materials may impact delivery timelines and outcomes.

9. Project Delays & Access

Efficient service delivery requires timely access to Client assets (e.g., WordPress logins, Social Media credentials, Brand Assets). If the Client fails to provide requested access or approvals within seven (7) business days, the Company reserves the right to pause production. However, because team capacity has been reserved, the Client’s monthly retainer billing will continue without interruption

10. Confidentiality

Both parties agree to keep proprietary or confidential information secure and not to disclose it to any third party without prior written consent, except as required by law.

11. Communication

All official communication shall be conducted via email, approved collaboration platforms, or other methods designated by BlackOcean Marketing, LLC.

12. Client Collaboration & Platform Access

To ensure efficient project management and delivery, clients agree to utilize the necessary tools, platforms, and internal systems designated by BlackOcean Marketing, LLC. These may include, but are not limited to, Monday.com, Canva, Google Workspace, Slack, Go HighLevel, or other project collaboration tools.

Clients acknowledge that:

Access to these platforms may require registration, account creation, or app downloads.
Certain materials, approvals, or deliverables may only be shared through these designated systems.
Refusal or failure to use required platforms may result in communication delays, project disruptions, or limited functionality in service delivery.

BlackOcean Marketing, LLC will provide reasonable guidance and onboarding support to assist clients with setup and access when applicable.

13. Exclusivity & Strategic Integrity

To ensure the integrity of the digital strategy and prevent conflicting data optimization, the Client agrees that during the term of any active Statement of Work (SOW), BlackOcean Marketing shall be the exclusive provider of marketing, creative, and advisory services. The Client shall not engage any third-party agency or individual to perform similar services—including but not limited to SEO, social media management, digital advertising, or brand advisory—without prior written consent from the Company.

14. Non-Solicitation of Personnel

The Client acknowledges that the Company invests significant resources in recruiting and training its specialized team. During the term of service and for a period of twelve (12) months thereafter, the Client shall not, directly or indirectly, solicit for employment, hire, or retain as an independent contractor any employee or contractor of the Company. In the event of a breach, the Client agrees to pay the Company a 'Placement Fee' equal to 50% of the individual’s projected annual compensation as liquidated damages.

15. AI Usage & Modern Service Delivery

The Company utilizes advanced Artificial Intelligence (AI) tools and 'Agentic Workflows' to enhance service efficiency and deliverable quality. The Client acknowledges and accepts the use of these technologies in the creation of deliverables. While the Company maintains human oversight for brand alignment, the Client agrees that AI-enhanced content fulfills the 'Best Efforts' standard of professional marketing services.