Expert Marketing

Expert Marketing Logo

Terms & Conditions (Service Agreement)

Last updated: October 21, 2025

1) Company Information

XPMKT, LLC
EIN: 38-4264433
3137 Conifer Ridge Dr, St. George, UT 84790, United States
Phone: +1 (435) 574-4464 • Website: xpmkt.com • Email: adm@xpmkt.com

These Terms & Conditions (“Terms”) govern the purchase and use of XPMKT, LLC’s marketing, creative, and digital services. By paying an invoice, subscription, or signing a service order, you (“Client”) agree to these Terms.

2) Services

We provide, among others:

  • Logo & Branding

  • Website Design (WordPress / Shopify)

  • Website Hosting & Maintenance (incl. SEO tools & SSL)

  • Social Media Management

  • Google / Meta Ads Management

  • Email Marketing / Newsletter (e.g., Mailchimp)

  • Google Business Profile & SEO services

  • Domain registration & SSL (when included)
    The exact scope, deliverables, limits, and durations are defined in your service order or proposal.

3) Payments, Subscriptions & Billing

  • All payments are in advance unless otherwise agreed in writing.

  • Payments are processed securely via Stripe or Wise (credit/debit card supported).

  • By paying the first invoice, you authorize recurring charges (subscription) on due dates.

  • To change your payment method, request a new link at least 10 (ten) days before the next charge.

  • Prices exclude applicable taxes and a 10% Federal Processing Fee when applicable.

  • Work begins after the first or full payment is received.

  • Late or missing payments may result in service suspension until the balance is settled.

4) Refunds & Cancellations

  • All sales are final; partial refunds are not available for unused service time.

  • Each plan may include a Grace Period (minimum commitment). Cancelling before completing the Grace Period incurs a 20% penalty on the remaining contract balance.

  • After the Grace Period, either party may terminate with 30 days’ written notice.

  • All invoices falling within the notice period must be paid; services run normally until the final paid date.

  • Work completed or expenses incurred before cancellation are non-refundable.

5) Additional Costs & Approvals

Third-party costs (e.g., printing, premium plugins, ad spend, external platforms like Shopify/Mailchimp) are not included unless expressly stated. We only proceed with extra costs after your email approval.

6) Deliverables, Revisions & Timelines

  • Each service includes a defined number of revisions; extra revisions may be billed at $75/hour (or as quoted).

  • Typical website delivery is responsive and optimized for mobile/desktop. Timelines are estimates and may vary due to Client responsiveness or third-party dependencies.

  • Ad creatives are optimized for ads and should not be repurposed as organic posts without approval.

7) Ownership & Intellectual Property

  • Upon full payment, ownership of the final approved deliverables (e.g., final logo files, live website, final designs) transfers to the Client.

  • XPMKT retains ownership of: unused concepts, drafts, internal templates, codebases, proprietary tools, frameworks, server systems, and processes.

  • All materials remain XPMKT property until all due amounts (including penalties, if any) are paid.

8) Portfolio Use & Website Signature

  • XPMKT may showcase final approved work (logos, websites, designs, campaign visuals) in its portfolio, website, and social media for promotional purposes, referencing the Client’s brand/name solely to illustrate the work performed.

  • For websites designed/developed by XPMKT, a discreet footer credit (e.g., “Website by XPMKT”) with a hyperlink to xpmkt.com may be included. This credit is an authorship mark and may not be removed or modified without prior written consent.

  • If the Client prefers not to be showcased or not to include the footer credit, the Client must request this in writing before launch, and XPMKT will exclude it accordingly.

9) Exclusions

Unless explicitly included in your order, the following are not included:

  • Ad budgets (Google/Meta/others)

  • Subscription fees for third-party services (Shopify, Mailchimp, Google Workspace, Microsoft 365, premium plugins, etc.)

  • Third-party integrations not hosted or developed by XPMKT

  • Professional email inboxes (we can assist setup; subscriptions billed directly to the Client)

10) Client Responsibilities

  • Provide timely content, approvals, brand assets, and access needed to deliver services.

  • Ensure supplied content (text, images, data) is accurate, lawful, and does not infringe third-party rights.

  • Maintain active accounts with third-party platforms used for service delivery (e.g., Mailchimp).

11) Warranties & Disclaimers

  • Services are provided on an “as-is” basis. We do not warrant specific outcomes (e.g., rankings, lead volume, revenue).

  • Performance depends on algorithms, market conditions, competition, and Client inputs outside our control.

  • To the maximum extent permitted by law, XPMKT disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12) Limitation of Liability

To the fullest extent permitted by law, XPMKT will not be liable for indirect, incidental, or consequential damages (including lost profits or data). XPMKT’s total liability under these Terms is capped at the total amount paid by the Client in the last 3 (three) months.

13) Indemnification

The breaching Party — whether XPMKT or the Client — will compensate the other Party for losses or damages caused by its breach, as mutually agreed or determined by applicable law.

14) Independent Contractor

XPMKT acts as an independent contractor. Nothing herein creates a partnership, joint venture, or employment relationship.

15) Privacy & Data

We collect and process only the data necessary to provide our services and process payments. For more information, please see our Privacy Policy. (Add link to your Privacy Policy page when available.)

16) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Utah, USA. Any disputes will be resolved in courts located in Washington County, Utah.

17) Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by the “Last updated” date above. Your continued use of services after updates constitutes acceptance.

18) Contact

Questions about these Terms? Contact adm@xpmkt.com or +1 (435) 574-4464.

L o a d i n g