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Billing Terms & Conditions

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LEGAL AGREEMENT | STANDARD TERMS AND CONDITIONS


Our goal is to exceed your expectations by providing high quality and professional consulting, development, and marketing subscriptions to our clients. If you are not satisfied with the work, product(s) or marketing subscription(s), please tell us right away and we will attempt to correct any issue(s) within our control to ensure your complete and full satisfaction.


We provide an extensive portfolio and a preview of our project management process for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. For online marketing and advertising campaigns, we never guarantee a specific result online or in the search engine results because we do not control them, nor can we control user behaviors to your offer, product, service or solution. If you have any questions or reservations, please contact us prior to making a payment for services. Thank you!


Each time an invoice is paid, the then-current version of these terms and conditions will apply. We recommend that you check the date of our most recent update to these terms and conditions and review any changes since the last time you paid an invoice. All invoices reference these terms and conditions and provide the URL of this page. Although most changes are likely to be minor, we reserve the right, at any time and without notice, to add to, update, change, or modify these terms, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately upon publishing said update and/or updating this page.


A. Billing and Invoicing General Terms and Conditions —

Blue Goat Land Leads (hereinafter "Contractor") is the Contractor providing the products and/or subscription services. Electronic and email communication are construed as a written notice in all communications by Contractor. These terms and conditions are referenced in all invoices issued by Contractor as these terms and conditions govern the invoiced services and the required amount due and payment(s) under the invoice.


IMPORTANT: Our Growth and Dominate packages operate on a month-to-month basis with no long-term contract required. You can cancel these recurring services at any time with 24 hours' written notice. These billing terms and conditions constitute the complete agreement between Contractor and Customer for Growth and Dominate packages. Only our Elite Package requires a separate 1-year contract agreement. Upon cancellation, you retain full ownership of all deliverables created for your business, including your website, advertising accounts, and CRM data.


Invoices are due in full on the date of issue. Contractor may accept a deposit or provide payment arrangements as a courtesy to Customer but this shall not be construed as a waiver of the full balance due Contractor. Any and all payments made on an invoice shall be deemed to be full acknowledgment and acceptance of these terms and conditions by the Customer. In general, once payment is made on an invoice there will be no refunds issued as we begin work immediately and often render or deliver the products and/or services immediately or very quickly after payment is made. Customer acknowledges and understands this and both parties agree that the invoice and these terms and conditions represent the complete agreement for the services provided.


For recurring subscription services on Growth and Dominate packages (marketing, hosting, advertising, technology, licensing, or support services), Contractor requires a minimum of 24 hours written notice of cancellation. For Elite Package services, cancellation terms are governed by the separate contract agreement. For one-time projects (web development, design, consulting), cancellation policies are detailed in the applicable sections below. Any changes, additions or revisions above and/or beyond the scope or the total time estimate provided in an invoice (where applicable) will incur additional billing charges in thirty (30) minute billable increments at the standard rate of USD $150.00 per hour, with partial increments rounded up to the next full increment. Any scope changes or delays caused by the Customer may result in changes to the invoice and fees.


In general, an invoice is an agreement and shall become effective and due as of the date first issued by Contractor and terminate immediately upon final payment of the full balance due to Contractor. Invoices sent via email are considered as written notice to Customer of the balance due. The Customer shall pay the Fees on or before the date due in accordance with the Invoice. Software development and website design projects may not be canceled in any way once initial payment or the deposit is paid by Customer. Written notice of cancellation may be emailed. Contractor reserves all rights not expressly granted to Customer. Except as authorized in these terms and conditions, Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any proprietary methods or processes provided by Contractor. Contractor expressly retains and preserves all copyrights on proprietary methods, strategies, and trade secrets.


For any payment not received when due, Contractor may, in its absolute and sole discretion: (1) Suspend any and all services Contractor is providing Customer under the invoice(s); (2) assess an initial late fee of $75.00 for administration and processing; (3) charge interest at the highest rate permitted by law for any unpaid balance(s); (4) additionally, Contractor is entitled to recover any costs or fees expended in connection with the collection of unpaid invoices that become more than 30 days delinquent, including but not limited to, reasonable attorney's fees, court costs and any related damages. The parties agree that this subparagraph shall apply regardless of the existence of any applicable primary or secondary written agreement and the parties agree that any primary or secondary agreement is amended to permit these rights.


B. Software Development & Web Design —

Customer acknowledges and understands that software and/or website development projects are NOT fixed-price projects in any way. The estimate of development and design hours provided in the invoice to Client by Contractor is based exclusively on a "BEST ESTIMATE" of total development time in hours projected to be spent by Contractor and its development team to design, develop and complete the project. If the Contractor's total time spent on the development/design project exceeds the time estimate provided to Client via the invoice, Customer will be invoiced accordingly at the standard hourly rate. A deposit is required to commence the project, and the full invoice balance is due upon issuance. Payments for all development and design projects made to us in increments is only a courtesy to the client. Once a payment or deposit is made, it is non-refundable and the full balance of the invoice is due to Contractor without exception. If a project is canceled or postponed, all monies paid are retained by Contractor and full invoice balance notated on the invoice remains due to Contractor without exception.


Contractor retains ownership of proprietary methods, strategies, processes, and template frameworks used to develop websites. However, upon full payment, Customer receives full ownership of their specific website, including all custom content, images, and code developed specifically for Customer's project, subject to third-party licenses for third party technology and code used to develop the website (ie. WordPress® or Shopify®). Customer may elect to have Contractor continue to host the website or may choose any web hosting company of their choice. Contractor will migrate the website to the web host of Customer's choice for a migration fee. Migration to a separate third party web host will have certain technical requirements that Customer will be responsible for if Customer chooses to use a third-party hosting service.


Customer acknowledges and understands that software and website development involves hundreds if not thousands of small details and that development of a new website or software product/integration often involves new ideas, evolutions, iterations or changes that the Customer would like implemented as the project develops over time. Customer also acknowledges that it is impossible for Contractor to anticipate Customer's exact development and design wishes as the project gets underway and that the estimated time to complete a project in the invoice are solely a good faith estimate provided for the Customer's own budget/resource planning and is in no way a guarantee the work performed and completed under the invoice will be completed under the time estimate provided. The actual amount of time required may be higher or lower for any number of reasons, many of which are stated herein. Any requests (oral or written) for changes, additions or revisions to the project AFTER development has started under this Agreement will incur an additional charge at the standard hourly rate. Contractor will notify Customer of any need to begin billing for additional development time in advance and Customer will need to approve the additional billing before Contractor continues any further work on the project. Customer acknowledges and understands that if Customer does NOT approve the additional time and billing needed to complete a project after the Contractor provides notice, the project will be suspended and may not be completed.


C. Print Design —

Design costs paid to Contractor are non-refundable. Printing costs paid to Contractor are refundable only if printing error is determined to be the responsibility of the Contractor. Contractor is not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. Contractor never provides printing services, only print design. It is Customer's sole responsibility to have design files printed and the Contractor has no responsibility in any way for the outcome of how Customer uses the design files provided by Contractor. Contractor will provide Customer with standard design file formats for a printer to use. Customer receives ownership of final design files upon full payment.


D. Research, Analysis and Setup Services —

Due to the nature of these services upfront payment in full is required before services are rendered or work product is released. No refunds are given for any of this setup, research, analysis, marketing, setup and/or service fees paid to Contractor. Customer receives ownership of deliverables created specifically for their business upon full payment.


E. Hosting (Websites and Applications) —

Hosting subscription services are defined as a recurring subscription service. Payments for previous months of any/all hosting services are non-refundable without exception. All hosting accounts require a minimum of 24 hours written notice of cancellation. Hosting accounts are set up at the time of order and are allotted a specific amount of MONTHLY server resources, according to the plan purchased. If the client did not make use of the account, payment for service is still due. All hosting accounts will be terminated if an account invoice remains unpaid past 15 days of the date of issue. Upon cancellation or termination, Customer has 30 days to request data transfer or file retrieval, after which Contractor may permanently delete all hosted data. Customer retains ownership of their website content and may migrate to any hosting provider of their choice.


Domain hosting services may be suspended or terminated at any time by Contractor if a hosting account invoice is not paid when due, or, if in the Contractor's sole discretion, Contractor deems that the hosting account and the server resources are being used for sending spam email or if Customer uses the hosted domain to send email and Contractor's domain is flagged by ISP's or other 3rd parties for suspicious email sending practices. Sending Spam email is a serious offense in the digital world and can cause great harm to Contractor's and Customer's reputation, domain and brand assets. Contractor reserves the right to disable and/or terminate a user's account if a user is found in violation of these terms and conditions, state or federal laws, or fails to provide proper written notice of cancellation. Accounts terminated due to policy, terms or legal violations will not be refunded. Failure to pay final balances due upon cancellation and/or the cancellation fee are violations of these terms and conditions.


F. Shopping Cart and 3rd Party Software Use and Licenses —

Development and/or use of WordPress and/or a shopping cart license grants customer a license to use the software on the domain specified when ordering, using web hosting services provided by Contractor only. You are not granted ownership of such software. Shopping cart licenses are non-refundable. Beyond 1 year, shopping cart licenses are non-transferrable to a new domain. Customer receives ownership of their specific implementation and customizations upon full payment.


Third-Party Materials. Nothing in these terms and conditions or any related agreement shall restrict or limit or otherwise affect any rights or obligations Customer may have, or conditions to which Customer may be subject, under any applicable private or open-source licenses to any open source code contained in any work product or deliverable or any third-party licenses for third-party Code or Software contained in or which otherwise may be part of the deliverables. Contractor expressly disclaims any responsibility for any 3rd party software that may malfunction or become inoperable in part or in full as it relates to the work that Contractor is doing for Customer. Customer is responsible for compliance with all 3rd party software licenses and holds Contractor harmless from any liability that may arise from Contractor or Customer's use of 3rd party software product or code. Third-party code bases include, but are not limited to, WordPress®, Shopify®, Magento®, cPanel®, WooCommerce®, Paypal®, Stripe®, Authorize.net®, Meta Platforms, Inc.® and Google®.


G. Recurring Subscription Services: Marketing and Hosting Solutions —

Recurring products and subscription services are defined as the same product or subscription service being invoiced and provided for two or more consecutive months. Examples of these recurring subscription services include, but are not limited to, content marketing, web presence, SEO, local search visibility, PPC, social media, reputation and location data management and directory listing marketing. Invoices are issued in advance of services being rendered on all recurring subscription services. Payments for all digital marketing subscription services are non-refundable without exception. All digital/internet/online marketing solutions are a pre-paid monthly recurring subscription and payments for the invoices issued each month are payments in advance for the services to be rendered. Quite often we expend hard costs in the beginning of the new billing cycle to provide for the subscribed products and/or services. We do not receive refunds on advertising dollars spent or labor hours expended/provided to conduct the work noted in the invoice, therefore we cannot and do not provide any refunds on any digital marketing services once payment is made for any reason. We require a minimum of 24 hours written notice of cancellation for any of these recurring services. Written notice of cancellation may be sent by email to josh[at]bluegoatmarketing.com. Due to the nature of recurring services and the costs to Contractor to deliver them, recurring services will be suspended if an account invoice remains unpaid past 14 days of the date of issue. Unpaid invoices are delinquent and turned over to collections after 30 days. Customer retains ownership of all marketing assets, campaigns, and data created for their business and may take these with them upon cancellation.


H. Digital Advertising Solutions —

Digital advertising is a recurring product and service however digital advertising campaigns require significant setup and ongoing connections to many different third-party providers for audience targeting and advertising campaign deployment. Third-party platforms include, but are not limited to, Google Ads, Google Display Network, Facebook Ads, Instagram Ads, Geofence Ads and more. Cancellation of subscription services must have a minimum 24 hours notice. Ad spend (media costs paid to Google, Facebook, etc.) is the Customer's responsibility and is separate from Contractor's management fee. All fees required by Google, Facebook, Youtube, etc. will be the responsibility of the client. Customer retains ownership of advertising accounts and campaigns created for their business and may take these with them upon cancellation.


I. Consulting Services —

Payments for all consulting services are non-refundable without exception. Consulting services provide immense value in the knowledge, advice, trade secrets, methods, strategies, tactics and other valuable considerations provided by us in and through the consultative process. Because of the nature of these services we do not provided refunds on any payments made on any invoice for consulting services by Contractor. Customer receives ownership of any deliverables created specifically for their business during consulting engagements.


J. Credit Card Authorization | Chargebacks | Declines —

You authorize Blue Goat Land Leads (Contractor) to bill all charges related to products and/or services provided by Contractor to the credit card provided by you and agree to pay these charges according to the cardholder agreement. You agree that there are no refunds for any reason under the terms and policies stated herein. Customer agrees not to initiate chargebacks for valid charges and acknowledges that doing so constitutes breach of this agreement.


If your credit card is declined, we will contact you to update payment information and provide a reasonable opportunity to resolve the payment issue. If, at any time after you have placed your order and made a payment for the product/subscription service, you subsequently attempt to file a chargeback with your credit card company, we reserve the right to suspend all services immediately and cease all work in progress. As some of our services are delivered via email or the internet, the client will have access to all files so emailed or hosted in the cloud. In the event of a decline or chargeback being filed where you are still in possession of any of Contractor's work product, we may commence any necessary legal action to prevent any unauthorized or unlawful use of our proprietary methods or processes. All proprietary methods and trade secrets remain the property of Contractor.


If we receive a chargeback or payment dispute (i.e. PayPal Dispute or Credit Card dispute) from a credit card company or bank, your service and/or project will be suspended without further notice. A $250.00 chargeback fee (issued to recover fees passed on to us by our merchant account and labor to process), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues or questions. Requesting a chargeback for a valid charge from us is fraud and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our billing, payment terms and refund policy prior to making a payment. If any arbitration or legal proceeding is brought for the enforcement of these terms and conditions under this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement, or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees incurred in connection with such arbitration or legal proceeding. This agreement shall be governed by and construed in accordance with the laws of the state of Texas. Both parties agree to the exclusive jurisdiction and venue of the courts and Williamson County, Texas.


K. General —

During the course of providing products and services to Customer, Contractor may document, record, notate and/or transcribe meetings conducted with and on behalf of Customer. Contractor retains ownership of proprietary methods, marketing strategies, SEO processes, CRM workflows, and trade secrets used in providing services. Customer receives full ownership of deliverables created specifically for their business, including websites, ad campaigns, business profiles, CRM data, and all custom content. This includes the right to retain and control such deliverables after service termination. Customer acknowledges and agrees that proprietary methods, strategies, processes, know-how, and trade secrets are valuable intellectual property owned exclusively by Contractor. Customer hereby assigns to Contractor all rights in and to any improvements, enhancements, derivative works, or modifications created by Contractor to Contractor's existing proprietary methods and intellectual property during the course of performing the Services.


Reservation of Rights. Contractor reserves all rights not expressly granted to Customer. Except as expressly authorized in writing by Contractor, Customer shall not sell, rent, lease sublicense, distribute, transfer, copy, reproduce, display, modify or time share any proprietary methods, strategies, or trade secrets.


L. DISCLAIMER OF WARRANTY —

DISCLAIMER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS WARRANTY SECTION, CONTRACTOR MAKES NO WARRANTY OF ANY KIND. CONTRACTOR DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO SERVICES AND DELIVERABLES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, GOOD TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, ANY WORK PRODUCT OR DELIVERABLE PROVIDED WILL BE WITHOUT DEFECT OR ERROR.


NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN CONTRACTOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, "AGENTS") SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS, OR OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS.


Exclusions. This warranty excludes non-performance issues that result from third-party hardware or firmware malfunction or defect; software not developed by Contractor; incorrect data or incorrect procedures used or provided by Customer or a third party, or defects which are outside the reasonable control of Contractor. Customer will reimburse Contractor for its reasonable time and expenses for any Services provided at Customer's request to remedy excluded non-performance issues. This warranty shall immediately cease if Customer or any third party modifies any portion of a Deliverable and/or modifies Customer's system so that a Deliverable is no longer functional or appropriate.


M. LIMITATION OF LIABILITY —

TO THE EXTENT THAT ANY PRODUCTS AND SERVICES ARE SUBJECT TO A SECONDARY AGREEMENT, THEN CONTRACTOR HAS NO LIABILITY IN RELATION TO SUCH PRODUCTS AND SERVICES UNDER THIS AGREEMENT AND THE PARTIES AGREE THAT – EXCEPT TO THE EXTENT EXPRESSLY PERMITTED UNDER THIS AGREEMENT – ANY CLAIM SHALL ONLY BE MADE UNDER THE TERMS OF THE APPLICABLE SECONDARY AGREEMENTS. THE CUSTOMER AGREES THAT IT CANNOT SEEK AWARDS FOR THE SAME DAMAGES UNDER BOTH THIS AGREEMENT AND ANY SECONDARY AGREEMENT.

IN NO EVENT SHALL CONTRACTOR'S AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ITS SECONDARY AGREEMENTS FOR THE PRODUCTS AND SERVICES EXCEED THE ACTUAL FEES PAID BY THE CUSTOMER TO CONTRACTOR FOR THOSE PRODUCTS AND SERVICES AS DETAILED IN THE APPLICABLE INVOICE OR ORDER FORM.


CONTRACTOR AND ITS AGENTS SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA LOSS, AND LOSS OF BUSINESS OPPORTUNITY EVEN IF CONTRACTOR OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGES OR CLAIM.


N. CONFIDENTIALITY AND NON-DISCLOSURE

Customer agrees to keep in confidence any confidential or proprietary information it receives from Contractor. "Confidential Information" means any and all business and technical information provided by Contractor to Customer concerning Contractor's interests and activities which Contractor deems proprietary and confidential, including but not limited to search engine optimization methods, marketing strategies, business processes, customer lists, pricing information, and any non-public information concerning Contractor's business operations disclosed in any form or format, including, without limitation, written or other tangible medium, graphic, oral, visual, digital, electronic and/or machine readable or other non-tangible medium (hereinafter "Confidential Information"). Customer agrees that it shall not disclose any of Contractor's Confidential Information to third parties. Customer's payment on an invoice shall be construed as Customer's acknowledgment and agreement with these terms and conditions of Confidentiality and Non-Disclosure concerning the relationship between Contractor and Customer and any Confidential Information that Customer may acquire during the course of conducting business with Contractor. Customer agrees that any breach related to Confidential Information may cause irreparable harm to Contractor. As a result of such breach, Contractor shall be permitted to seek injunctive relief to prevent and limit any such harm.


ACKNOWLEDGMENT

The Customer hereby acknowledges having read these terms and conditions and hereby agrees to be bound by said terms and conditions. Payment on any invoice by Customer shall be deemed as customer's acknowledgment, understanding and agreement to be bound by these terms and conditions.


EMAIL ADDRESS FOR ALL WRITTEN NOTICES

Blue Goat Land Leads

josh[at]bluegoatmarketing.com


PLEASE NOTE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS NEEDED IN THE SOLE DISCRETION OF THE CONTRACTOR.



Last update: 04/16/2026