Terms of Service
These terms govern marketing services purchased from BookedOut Local ("we," "us"). By purchasing a plan or using our services, you ("you," "Client") agree to them. If we have also signed a separate written services agreement with you, that agreement controls wherever it differs from these terms.
1. What we provide
We provide local marketing services for home service businesses. Depending on the plan you purchase, these may include Google Business Profile optimization and posting, automated review requests, missed-call text-back setup, review replies, short-form video editing from footage you supply, website design, service-area pages, and reporting. The specific deliverables, quantities and frequencies included in your plan are those stated at the time of purchase or in your scope of work.
Deliverable allotments are per calendar month and do not roll over to later months. Unused allotments are not refundable or exchangeable for cash.
Anything not stated in your plan or scope of work is out of scope, including advertising management and ad spend, filming or videography services, answering your phones or booking appointments on your behalf, print or broadcast media, logo and brand design, and removal of existing negative reviews. Website design and hosting are included only if purchased.
2. Fees, billing and auto-charge
A one-time onboarding fee is due before work begins. Monthly fees are billed in advance on the same day of each month as your start date, and the first monthly fee is due before work begins.
By purchasing, you authorize us to automatically charge your card or bank account on file for all amounts due, including monthly fees, approved add-ons and any applicable taxes, until you cancel. You agree to keep a valid payment method on file.
If you elect annual prepayment, you pay ten monthly fees in advance for twelve months of service.
Amounts more than five days late accrue interest at 1.5% per month or the maximum allowed by New York law, whichever is lower. If a payment fails, we may suspend services — including posting, review requests and missed-call text-back — until payment clears. We are not responsible for leads, rankings or reviews lost during a suspension for non-payment.
Our fees cover our work only. Software subscriptions, messaging and phone-number usage charges, advertising spend and licensed media are your responsibility and are billed to your own accounts unless your scope of work says otherwise. Fees are exclusive of any applicable sales or use tax.
We may change our fees on renewal with at least thirty days' notice. You may cancel rather than accept a price change.
3. Cancellation and refunds
Plans are month to month after any initial term stated at purchase. You may cancel at any time with thirty days' written notice to the email address below. Services continue through the end of the period you have paid for.
Onboarding fees are non-refundable once work has begun. Monthly fees already paid are not refunded, because the work for that period has been performed or scheduled. Annual prepayments are non-refundable; if you cancel mid-term, we will credit unused prepaid months toward any service we offer for twelve months after cancellation.
If you believe we have failed to deliver what your plan includes, contact us first and we will correct it or credit you for the affected deliverables. Initiating a chargeback for services already delivered does not relieve you of the amount owed, and you remain responsible for any dispute fees our processor charges us.
We may suspend or terminate service immediately for non-payment, for conduct that violates Section 5, or for abusive or unlawful conduct.
4. No guarantee of results
We perform our services with reasonable skill and care. We do not guarantee any specific search ranking, number of calls, leads, reviews, appointments, sales or revenue.
Search rankings, feed placement and review visibility are controlled by Google and other third-party platforms whose algorithms and policies change without notice and are outside our control. Results also depend on factors we do not control, including your pricing, call handling, response time, service quality, staffing, seasonality and competition. Any example, estimate or projection we discuss is illustrative only and is not a promise of performance.
5. Messaging, consent and reviews
We register your business and messaging campaign with the carriers (A2P 10DLC) and configure automatic opt-out handling before automated messaging begins. Registration approval is controlled by the carriers and is not guaranteed by us.
You represent that every phone number you provide, or that enters the system through your intake, belongs to a customer or prospect who contacted you or did business with you, and that you have the consent required by applicable law — including the Telephone Consumer Protection Act — to contact them at that number. You will not provide purchased, scraped or rented contact lists. You will maintain the customer-contact consent language we supply on your forms, invoices and intake materials.
We solicit reviews only from your actual customers, in a neutral manner. We do not write, purchase, incentivize, filter or suppress reviews, and we will not do so at your request. Such practices violate platform policies and can result in suspension of your profile.
You are responsible for the accuracy of claims in content you approve, including license numbers, warranties, guarantees, pricing and promotional terms.
You will indemnify and hold us harmless from any claim, penalty, fine or expense, including reasonable attorneys' fees, arising from your breach of this section or from numbers or content you supplied or approved.
6. Your accounts and our materials
You own and retain control of your Google Business Profile, reviews, social accounts, phone numbers, domain names and customer data. Nothing here transfers those to us, and they remain yours after cancellation.
Once we have received full payment for the month in which a deliverable was produced, you own the final edited videos, graphics and written copy we produced specifically for you.
We retain all rights in our own systems, workflows, templates, automations, checklists, project and source files, software configurations and know-how, including anything developed while performing the services. You receive no license to resell, redistribute or recreate those materials.
You grant us a license to use your name, logo, footage, photos and reviews to perform the services. We may identify you as a client and display work produced for you, along with non-confidential results, in our portfolio and marketing, unless you tell us in writing not to.
7. Your responsibilities
Our ability to deliver depends on your cooperation. You will grant and maintain our manager access to the accounts we need, provide accurate business information, respond to leads we generate, and review deliverables within five business days. Deliverables you do not respond to within that window are deemed approved and may be published. If your delay prevents us from delivering part of the services, we are excused from the affected deliverables for that month and no fee reduction applies.
8. Third-party platforms
Our services depend on platforms we do not own, including Google, Meta, TikTok, and messaging and software providers, and you agree to their terms as they apply to your accounts. We are not responsible for outages, algorithm or policy changes, account suspensions, data loss, deliverability failures or price increases by those platforms, except to the extent caused by our own gross negligence or willful misconduct.
9. Disclaimer and limitation of liability
Except as expressly stated here, services are provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost leads or loss of goodwill. Our total aggregate liability will not exceed the total fees you paid us in the three months immediately before the event giving rise to the claim. These limits do not apply to your payment obligations, to either party's indemnification obligations, or to fraud, gross negligence or willful misconduct.
10. Governing law and disputes
These terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Orange County, New York. Before filing any action, the parties will attempt in good faith to resolve the dispute by direct discussion for thirty days, then by non-binding mediation in Orange County, New York. Either party may still bring a claim in small claims court or seek injunctive relief at any time. The prevailing party in any action to enforce these terms is entitled to reasonable attorneys' fees and costs.
11. Changes to these terms
We may update these terms. Material changes take effect for existing clients on their next renewal, and continued use of the services after that constitutes acceptance. The "last updated" date above reflects the current version.
12. Contact
BookedOut Local, a DBA of Freezing Networks LLC
Port Jervis, New York
[email protected]
(845) 204-8133