Terms of Service

1. Using This Site

By using the Site, you agree to Part A and Part C of these Terms. If you do not agree, please do not use the Site. If you use the Site on behalf of a business, you confirm that you are authorized to accept these Terms for that business.

We may change, suspend, or discontinue any part of the Site at any time.

2. Site Content Is Informational

Everything on the Site, including articles, examples, case studies, testimonials, and descriptions of our services, is general information about marketing and about our business. It is not legal, tax, financial, or other professional advice, and it is not an offer that can be accepted.

Results, figures, and testimonials described on the Site are specific to the clients involved and to their markets, budgets, timing, and circumstances. They are not typical, and they are not a promise or guarantee that you or any other business will get the same or similar results.

Information on the Site may change without notice and may not always be complete or current. The scope, fees, and terms of any engagement are set only in a signed client agreement, as described in Section 6.

3. Acceptable Use

When using the Site, including our forms, chat widget, and booking calendar, you agree not to:

• Submit false information or information about another person without their permission;
• Send spam, unlawful, abusive, or harmful content;
• Try to gain unauthorized access to the Site, our systems, or other people's data, or interfere with the Site's operation or security;
• Use bots, scrapers, or other automated tools to access, copy, or collect content or data from the Site, except for search engines indexing the Site in the ordinary way;
• Use the Site in violation of any law.

4. Site Intellectual Property

The Site and its content, including text, graphics, logos, images, videos, and design, belong to Arquilla Solutions or its licensors and are protected by intellectual property laws. You may view and share Site pages for your own information. You may not copy, modify, republish, or use Site content for commercial purposes without our written permission. "Arquilla Solutions" and our logo are our trademarks.

5. Third-Party Links and Tools

The Site may link to third-party websites and uses third-party tools, such as our chat widget and booking calendar. Those third parties have their own terms and privacy policies. We are not responsible for third-party websites, content, or services.

The prompts in our chat widget are written in advance and are not a live conversation. They are not a binding offer, quote, or commitment.

6. Client Agreements and Order of Precedence

Part B applies when a business signs an agreement, proposal, statement of work, or order form with us (each, a "Client Agreement"). In Part B, "you" and "Client" mean that business.

We do not offer public packages or public prices. Every engagement's scope, deliverables, fees, payment schedule, initial term, renewal, and termination rights are set in your Client Agreement. If your Client Agreement conflicts with these Terms, your Client Agreement controls. On any subject your Client Agreement does not address, these Terms apply. The order of precedence is: (1) your signed Client Agreement, including any later signed amendments; (2) these Terms; and (3) any other policies referenced in these Terms.

The person who signs a Client Agreement confirms that they are at least 18 years old and authorized to bind the Client.

7. Our Services

Arquilla Solutions is a full-service marketing agency for service businesses. Depending on your Client Agreement, our services may include:

• Ads management: Meta ads (Facebook and Instagram), Google Search ads, and Google Local Services Ads;
• SEO: Google Business Profile management, review generation, content, and technical SEO;
• Custom websites: website design and build, plus ongoing hosting and maintenance;
• Systems: CRM setup and management, a business phone number, text message follow-up, missed-call text back, review requests, and reactivation campaigns to past customers and leads.

Only the services listed in your Client Agreement are included in your engagement. Additional work requires written agreement and may involve additional fees. We may use employees, contractors, and third-party tools to perform the services, and we remain responsible for the work we deliver under your Client Agreement.

8. Client Responsibilities

You agree to:

• Cooperate. Provide accurate information, content, and materials; give us timely access to the accounts we need; and review and approve work in a timely way. Delays in access, content, or approvals may delay the services.
• Stand behind your claims. You are responsible for the accuracy and substantiation of all claims about your business, services, pricing, offers, credentials, and results that appear in ads, on websites, and in messages, including content you provide or approve.
• Follow your industry's rules. You are responsible for holding and displaying any licenses, registrations, and insurance your business requires, and for complying with the advertising laws and rules that apply to your trade or profession and to the ad platforms we use for you.
• Have consent for your contacts. For every contact list you upload, import, or instruct us to message, you are responsible for having obtained all consents required by the Telephone Consumer Protection Act (TCPA), state telemarketing and messaging laws, the CAN-SPAM Act, and carrier rules, and for honoring opt-outs. You are also responsible for the accuracy of business information used to register your messaging with carriers.
• Handle reviews lawfully. Not ask us to create, buy, or incentivize reviews, or to request only positive reviews, and comply with the Federal Trade Commission's rules on consumer reviews and with platform review policies.
• Protect your customers' privacy. Maintain your own privacy policy and give your customers any notices the law requires. Do not provide us with protected health information, Social Security numbers, financial account numbers, or other sensitive personal information unless we have signed a separate written agreement covering that information.
• Keep credentials secure. Keep your own account logins secure and tell us promptly about any suspected unauthorized access.

9. Ownership of Accounts, Data, and Work

What you own from day one. You own your advertising accounts, your Google Business Profile, your domain name, your pixels and advertising data sets, your business phone number where it has been ported to you or assigned to you under your Client Agreement, your customer data and the data in your CRM, and the content, trademarks, and materials you provide to us ("Client Materials"). Where we set up one of these accounts for you, we set it up in your name or under your ownership wherever the platform allows. We work in these accounts through access you delegate to us, and we do not claim ownership of them.

When the engagement ends. When your engagement ends, we will remove our access to your accounts and give you reasonable help transferring account access, exporting your CRM data, and transferring your phone number, subject to the rules of the relevant platforms and carriers.

Custom websites. Ownership of a custom website we build for you, including its code, design, and the content we create specifically for it, transfers to you once the website build has been paid in full. Until then, Arquilla Solutions owns the website code and design, and you have a license to use the website while your account is in good standing. If your engagement ends before the build is paid in full, we may take the website offline, and you may complete payment of the build to receive the transfer. After the transfer, hosting and maintenance continue only if they are part of your Client Agreement. Third-party components, such as software, plugins, fonts, and stock images, are provided under their own license terms.

What we keep. Arquilla Solutions keeps all rights in its pre-existing and general tools, templates, automations, workflows, processes, methods, and know-how, and in improvements to them that are not specific to your business ("Arquilla Materials"). To the extent Arquilla Materials are included in work we deliver to you, you may use them as part of that work.

Your license to us. You grant us a non-exclusive, royalty-free license to use, copy, modify, and display Client Materials as needed to perform the services.

Portfolio. We may identify you as a client and show non-confidential work we did for you in our portfolio and marketing, unless you opt out in writing by emailing hello@arquillasolutions.com.

10. Ad Spend and Third-Party Platforms

Ad spend is not included in our fees. You pay ad spend directly to the advertising platforms, such as Meta and Google, using your own payment method. Arquilla Solutions is not responsible for platform charges, including charges above a planned budget that a platform's own delivery rules allow.

Our services depend on third-party platforms, including Meta, Google, our CRM and messaging platform, phone carriers, domain registrars, and hosting providers. Each platform has its own terms and policies, which you agree to follow. We do not control those platforms and are not responsible for their policy decisions, ad or content disapprovals, account restrictions or suspensions, algorithm changes, outages, or price changes. We will work in good faith to help resolve platform issues that affect your account.

11. Fees, Payment, and Billing Disputes

Fees. You agree to pay the fees in your Client Agreement, on the schedule and by the payment method it describes. You authorize us and our payment processor to charge your payment method on file for those fees. Fees do not include taxes, which you are responsible for where they apply. Unless your Client Agreement states otherwise, fees already paid are non-refundable.

Late payment. If a payment is late, we may pause the services, after giving you notice, until your account is current. Unless your Client Agreement states otherwise, overdue amounts may accrue interest at the lesser of 1.5% per month or the highest rate allowed by law.

Billing disputes. If you believe a charge is incorrect, you agree to raise it with us first, in writing at hello@arquillasolutions.com, explaining the charge and the reason, and to give us a reasonable opportunity to resolve it before disputing the charge with your bank or card issuer. You remain responsible for any portion of an invoice that is not in dispute.

Chargebacks. If you file a chargeback or payment dispute that is not warranted, including one filed without first raising the issue with us as described above, we may suspend the services, and you agree to reimburse us for the amount owed, any chargeback fees, and our reasonable costs of collection, including reasonable attorneys' fees where the law allows.

12. Term, Suspension, and Termination

The initial term, renewal, and termination rights for your engagement are set in your Client Agreement.

We may suspend the services if you fail to pay amounts when due, if you materially breach your Client Agreement or these Terms, or if continuing would require us to violate the law or a platform's policies. Where reasonable, we will give you notice and a chance to fix the issue first.

When an engagement ends for any reason, you remain responsible for fees owed through the end date, and Section 9 applies to access removal and transfers. Transition help beyond what Section 9 describes may be billed at our then-current rates. Any provisions that by their nature should continue after an engagement ends will continue, including Sections 9, 11, 13, 14, 15, 16, 17, 19, and 20.

13. Confidentiality

Each party will keep confidential the non-public information it receives from the other in connection with the engagement, including business plans, customer data, account credentials, pricing, and results; use it only for the engagement; and protect it with at least reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed, or is received from a third party without a confidentiality obligation. A party may disclose confidential information when required by law, after giving the other party notice where the law allows.

14. Client Data and Privacy

When we process personal information about your customers and leads to provide the services, we do so on your behalf and according to your instructions, as your service provider or processor. We will use that information only to provide the services, keep it confidential, and protect it with reasonable safeguards. You are responsible for having a lawful basis and the required consents and notices for that information. If the law requires a data processing agreement, we will enter into one with you on reasonable terms. Our own handling of personal information is described in our Privacy Policy.

15. Indemnification

You agree to defend, indemnify, and hold harmless Arquilla Solutions and its members, managers, employees, and contractors from third-party claims, and the related losses, damages, fines, costs, and reasonable attorneys' fees, arising out of: (a) Client Materials or claims about your business that you provide or approve; (b) contact lists you provide or instruct us to use, including any lack of required consent under the TCPA or similar laws; (c) your violation of law, licensing requirements, advertising rules, or platform policies; (d) your breach of your Client Agreement or these Terms; or (e) your products, services, and business operations.

16. No Guaranteed Results; Disclaimer of Warranties

We perform our services using our best efforts and in a professional manner. However, marketing results depend on many things outside our control, including your market, competition, budget, pricing, reputation, how quickly your team responds to inquiries, the quality of your service, seasonality, and the decisions of advertising and search platforms. Unless your Client Agreement expressly states otherwise, we do not guarantee any particular number of leads, calls, appointments, reviews, search rankings, sales, revenue, or return on ad spend.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN A SIGNED CLIENT AGREEMENT, THE SITE, THE SERVICES, AND ALL DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARQUILLA SOLUTIONS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR A CLIENT AGREEMENT IS LIMITED TO THE FEES YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. FOR A VISITOR WHO IS NOT A CLIENT, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE IS LIMITED TO ONE HUNDRED US DOLLARS ($100).

These limits do not limit your obligation to pay fees or your indemnification obligations, and they do not apply where the law does not allow liability to be limited, such as for fraud or willful misconduct.

18. SMS Program Terms

• Program name: Arquilla Solutions customer care and marketing messages.
• Program description: If you opt in by checking the optional text message box on one of our forms, you agree to receive text messages from Arquilla Solutions at the phone number you provided. These include customer care messages, such as replies to your inquiries, appointment confirmations and reminders, and account and service updates. If you separately opt in to marketing messages, they also include messages about our services, offers, and news. Consent is not a condition of any purchase.
• Message frequency: Message frequency varies.
• Cost: Message and data rates may apply.
• How to cancel: Text STOP to cancel at any time. You will receive one message confirming that you have been unsubscribed, and after that you will not receive further text messages from us unless you opt in again.
• How to rejoin: Text START to the same number, or submit one of our forms again and check the text message box.
• Help: Text HELP for help, or email hello@arquillasolutions.com.
• Carriers: Carriers are not liable for delayed or undelivered messages.
• Your phone number: You confirm that you are the account holder or an authorized user of the phone number you provide. If you change or give up that number, please text STOP from it or tell us, so messages do not reach its next owner.
• Privacy: See our Privacy Policy, including how we protect mobile information.

19. Governing Law and Venue

These Terms, and any Client Agreement that does not state otherwise, are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. Subject to Section 20, any action allowed to be brought in court must be brought in the state or federal courts located in the Commonwealth of Virginia, and each party consents to the personal jurisdiction of those courts.

20. Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before starting arbitration, the party with a dispute will send the other a written description of the dispute (to us, at hello@arquillasolutions.com), and the parties will try in good faith to resolve it for thirty (30) days.

Arbitration. Any dispute, claim, or controversy arising out of or relating to the Site, the Services, a Client Agreement, or these Terms (a "Dispute") that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or, if you are an individual using the Site for personal purposes, under its Consumer Arbitration Rules. The arbitration will take place in Virginia, or by video conference if the arbitrator allows, in English, before a single arbitrator. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.

Class action and jury trial waiver. You and Arquilla Solutions each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one party or preside over any class or representative proceeding. YOU AND ARQUILLA SOLUTIONS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

Severability. If the class action waiver is found unenforceable for a particular claim, that claim will proceed in court under Section 19, and not in arbitration.

21. General Terms

• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, internet or utility outages, platform outages, or government action. This does not excuse payment obligations.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Assignment. You may not assign your rights under these Terms or a Client Agreement without our written consent. We may assign them as part of a merger, acquisition, or sale of our business.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect, and the provision will be enforced to the extent possible. Not enforcing a provision is not a waiver of it.
• Entire agreement. For clients, these Terms and your Client Agreement are the entire agreement about the services. For visitors, these Terms and our Privacy Policy are the entire agreement about the Site.
• Notices. We may send notices to the email address you have given us. You may send notices to hello@arquillasolutions.com.
• Language. These Terms are available in English and Spanish. If there is any conflict between the two versions, the English version controls.

22. Changes to These Terms

We may update these Terms from time to time by posting the new version on this page and changing the "Last updated" date. Changes apply to your use of the Site after they are posted. If a change materially affects an active client, we will email that client at least thirty (30) days before the change applies to its engagement. A change to these Terms never overrides a signed Client Agreement, which controls as described in Section 6.

23. Contact

Arquilla Solutions LLC, Central Virginia, United States.

Email: hello@arquillasolutions.com