Amalgamate Marketing’s
Terms of Service

Terms of Service for Amalgamate Marketing

Last Updated: June 7, 2025

Welcome to Amalgamate Marketing (“we,” “us,” or “our”), a California-based business providing digital and print marketing, consulting, bookkeeping, web design, and business process automation services . These Terms of Service (“ToS”) govern your access to and use of our website, https://amalgamatemarketing.com (the “Website”), and any services we provide (collectively, the “Services”). By accessing our Website or engaging our Services, you agree to be bound by these ToS. If you do not agree, please do not use the Website or Services.

1. Acceptance of Terms

By using our Website or Services, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these ToS.

2. Description of Services

Amalgamate Marketing provides the following Services:

  • Digital and Print Marketing: Creating and managing marketing campaigns, including online advertising and print materials, such as direct mail campaigns running once or twice monthly based on the client’s subscription.
  • Consulting: Strategic advice for business growth and marketing.
  • Bookkeeping: Financial record-keeping and reporting.
  • Web Design: Designing and developing websites for clients.
  • Business Process Automation: Automating business workflows.

Services are subject to these ToS and any specific agreements or contracts signed with you (the “Client Agreement”). In case of conflict, the Client Agreement prevails.

3. Use of the Website

a. Permitted Use

You may use the Website to:

  • Learn about our Services.
  • Submit inquiries through contact forms.
  • Make payments for Services via online portals (e.g., Stripe/QuickBooks).
  • Leave comments on blog posts or other public areas (if applicable).

b. Prohibited Use

You agree not to:

  • Use the Website for illegal purposes or in violation of applicable laws.
  • Attempt to access unauthorized areas of the Website or our systems.
  • Post or submit content that is defamatory, obscene, or infringes on third-party rights.
  • Use automated tools (e.g., bots, scrapers) to access or collect data from the Website without permission.
  • Interfere with the Website’s functionality (e.g., through hacking or denial-of-service attacks).

c. Comments

If you leave comments on the Website, you are responsible for ensuring your content is lawful and appropriate. We reserve the right to remove or moderate comments that violate these ToS or our policies.

4. Service Agreements

a. Engagement

To engage our Services, you must sign a Client Agreement detailing the scope, pricing, and deliverables. Direct mail marketing campaigns run once or twice monthly, depending on the subscription plan you select. These ToS apply to all Services unless otherwise specified in the Client Agreement.

b. Payments

  • Payments for Services are accepted only through online portals (e.g., Stripe/QuickBooks). We do not accept checks or cash, mailed or otherwise.
  • You agree to provide accurate payment information and authorize us to charge the agreed-upon fees via Stripe/QuickBooks.
  • For subscription-based Services, payments are due according to the schedule in the Client Agreement (e.g., monthly).
  • In case of non-payment or breach of contract, we may apply late fees or a contract due fee equal to the unpaid portion of the remaining contract term. We may also engage a credit collection agency to recover unpaid fees.

c. No Refund Policy

Due to the nature of our Services, which involve hard costs (e.g., printing, materials, employee time), we do not offer refunds for Services rendered or costs incurred, unless otherwise specified in the Client Agreement.

d. Client Responsibilities

You agree to:

  • Participate in the design and proof process for marketing materials, websites, or other deliverables by providing timely feedback and approvals.
  • Provide media, copy, or brand design materials as needed. If you fail to provide these materials promptly, we may generate proofs or copy on your behalf, and you will be responsible for approving such materials.
  • Comply with all applicable laws in connection with your use of the Services.
  • Ensure timely communication to avoid delays in project timelines.

e. Content Ownership

All marketing materials, websites, digital content, and physical proofs created by Amalgamate Marketing remain our property, unless otherwise specified in the Client Agreement. Upon full payment, you may receive a non-exclusive license to use the deliverables for their intended purpose, as outlined in the Client Agreement.

f. Client Approval and Liability

You are responsible for reviewing and approving all digital and physical proofs before they are finalized or distributed. By approving proofs, you assume responsibility for any legal liabilities arising from the content, including compliance with advertising, copyright, or other applicable laws.

5. Third-Party Services

We use third-party services to provide our Services, including:

These services are subject to their own terms and privacy policies, which you should review. We are not responsible for the actions or policies of these third parties.

6. Intellectual Property

a. Our Content

All content on the Website (e.g., text, images, logos) and materials created for our Services are owned by Amalgamate Marketing or our licensors and are protected by copyright, trademark, and other laws. You may not reproduce, distribute, or modify our content without written permission, except as allowed in a Client Agreement.

b. Your Content

You retain ownership of any content or materials you provide to us (e.g., brand logos, copy for marketing campaigns). By providing such content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and distribute it as necessary to perform the Services. You represent that you have the right to provide such content and that it does not infringe on third-party rights.

7. Confidentiality

We will treat any confidential information you provide (e.g., business data for automation or marketing) in accordance with the Client Agreement and applicable law. We may share such information with third parties (e.g., advertising platforms or printing services) only as necessary to complete the Services and under confidentiality obligations.

8. Limitation of Liability

To the fullest extent permitted by law, Amalgamate Marketing, its affiliates, and their respective officers, employees, or agents will not be liable for:

  • Indirect, incidental, consequential, or punitive damages (e.g., loss of profits, data, or business opportunities) arising from your use of the Website or Services.
  • Errors, delays, or inaccuracies in the Services, including marketing campaigns, web design, or automation processes, provided you have approved the relevant proofs.
  • Unauthorized access to your data, except where caused by our gross negligence or willful misconduct.

Our total liability for any claim will not exceed the amount you paid us for the Services giving rise to the claim. You assume all legal liabilities for approved proofs, as outlined in Section 4.f.

9. Indemnification

You agree to indemnify and hold harmless Amalgamate Marketing, its affiliates, and their respective officers, employees, or agents from any claims, losses, or damages (including legal fees) arising from:

  • Your violation of these ToS or applicable law.
  • Your content or materials provided to us, including any intellectual property or legal violations.
  • Your use of the Website or Services, including liabilities arising from approved proofs.

10. Termination

a. Website Access

We may suspend or terminate your access to the Website if you violate these ToS or for any other reason, without notice.

b. Services

  • Either party may terminate Services with 30 days’ written notice, or as outlined in the Client Agreement.
  • We may suspend or terminate Services immediately for non-payment or breach of contract (e.g., failure to comply with these ToS or the Client Agreement).
  • For subscription-based Services, non-payment or breach may result in late fees or a contract due fee equal to the unpaid portion of the remaining contract term. We may engage a credit collection agency to recover unpaid fees.
  • Upon termination, you remain responsible for any outstanding fees or costs incurred.

11. Governing Law and Dispute Resolution

These ToS are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these ToS or the Services will be resolved through mediation in San Bernardino County, California, in accordance with California law. If mediation fails, disputes will be resolved in the state or federal courts located in San Bernardino County, California, and you consent to the jurisdiction of these courts.

12. Changes to These Terms

We may update these ToS to reflect changes in our practices or legal requirements. We will notify you of significant changes by posting a notice on our Website and updating the “Last Updated” date. Your continued use of the Website or Services after such changes constitutes acceptance of the revised ToS.

13. Miscellaneous

  • Entire Agreement: These ToS, together with any Client Agreement, constitute the entire agreement between you and Amalgamate Marketing regarding the Website and Services.
  • Severability: If any provision of these ToS is found invalid, the remaining provisions will remain in effect.
  • No Waiver: Our failure to enforce any right or provision does not waive that right or provision.
  • Assignment: You may not assign these ToS without our written consent. We may assign these ToS to a successor in connection with a merger, acquisition, or sale of assets.

14. Contact Us

For questions about these ToS or our Services, contact us at:

Email: hello@amalgamatemarketing.com