Terms &
Conditions

01Agreement To These Terms

These Terms and Conditions (the “Terms”) are a binding agreement between you and Peachtree Rose Marketing LLC (“Peachtree Rose Marketing,” “PRM,” “we,” “us,” or “our”). They apply when you visit peachtreerosemarketing.com, submit a form, opt in to our text messages, or buy services from us.

If you do not agree with these Terms, please do not use the site or our services. If you are agreeing on behalf of a company, you confirm you have the authority to bind that company.

You must be at least 18 years old to use this site, opt in to our text messages, or enter into a services agreement with us.

02Who We Are

Peachtree Rose Marketing LLC is a marketing agency organized under the laws of the State of Texas, with its principal place of business in San Antonio, Bexar County, Texas:

• 7550 I-10 Suite 859, San Antonio, TX 78229
• Phone: (210) 390-6404
• General email: admin@peachtreerosemarketing.com
• Support email: group@peachtreerosemarketing.com

We also operate the related brands Podcast Studio San Antonio and Peachtree Rose Translations. Those brands may publish their own terms; where they do, those terms govern that brand’s services.

03Our Services

We provide marketing services that may include website design and development, search engine optimization (SEO), answer engine optimization (AEO), video podcast production, content production, social media management, omnichannel distribution, reporting, and related consulting.

The exact services you receive are defined in the proposal, statement of work, service agreement, or written estimate we sign with you (each, an “Order”). If anything in an Order conflicts with these Terms, the Order controls for that engagement.

Descriptions, packages, and pricing shown on this site are for general information. They are not an offer, and they can change without notice until they are fixed in a signed Order.

04Proposals, Scope & Change Orders

Proposals are valid for 30 days from the date issued unless the proposal states otherwise. Work begins after you accept the Order in writing and, where required, pay the deposit.

Work outside the scope described in the Order — added pages, added revision rounds, new deliverables, new platforms, rush timelines — requires a written change order and may change the price and the schedule. We will tell you the cost before we do the extra work.

Revisions and approvals

Each deliverable includes the number of revision rounds stated in the Order. If you do not respond to a request for feedback or approval within ten (10) business days, we may treat the deliverable as approved so the project can move forward.

Delays

Our timelines assume you deliver content, access, approvals, and feedback on schedule. If a project stalls on your side for more than thirty (30) days, we may pause it, re-schedule it in our production queue, and invoice for work completed to that point.

05Fees, Billing & Late Payments

• Fees, deposits, and the billing schedule are set in your Order.
• Deposits and project setup fees are non-refundable once work begins, because they reserve production time we cannot resell.
• Monthly retainers are billed in advance and renew automatically each term until cancelled per Section 14.
• Invoices are due on the date stated on the invoice. If no date is stated, they are due within fifteen (15) days.
• Past-due balances accrue interest at 1.5% per month, or the highest rate allowed by Texas law, whichever is lower.
• You are responsible for reasonable collection costs and attorneys’ fees on unpaid amounts.

Pass-through and third-party costs

Ad spend, hosting, domains, stock media, licensed fonts, software subscriptions, and similar third-party costs are yours unless the Order says we include them. We may require these to be paid in advance or billed directly to your accounts.

Suspension for non-payment

If an invoice is more than fifteen (15) days past due, we may pause work, pause publishing, and suspend access to deliverables until the balance is paid. Section 7 also applies: ownership of deliverables transfers only after payment in full.

Taxes

Prices exclude applicable sales, use, and similar taxes. Where Texas law requires us to collect tax on a taxable service or product, that tax is added to your invoice.

06Your Responsibilities & Materials

To do our job we need things from you. You agree to provide accurate business information, timely feedback, and any content, logos, photos, product data, testimonials, or account access the work requires.

By giving us materials, you represent that you own them or have permission to use them, and that our use of them will not infringe anyone’s copyright, trademark, privacy, or publicity rights. You are responsible for the accuracy and legality of the claims you ask us to publish, including any regulated claims in fields such as health, finance, legal services, or professional licensing.

You are responsible for keeping your own account credentials secure and for the activity that happens under them. Tell us right away if you believe an account we manage has been compromised.

07Intellectual Property & Ownership

What you own

Upon our receipt of payment in full for the applicable Order, we assign to you ownership of the final deliverables created specifically for you under that Order — for example, the final website build, the finished video episodes, the published copy, and the graphics made for your brand.

What we keep

We retain ownership of everything we bring to the work or build for reuse, including our pre-existing tools, code libraries, frameworks, templates, processes, the Content Site Engine publishing platform, our audit and reporting methods, and any component we develop for general use rather than for you specifically. We grant you a perpetual, non-exclusive, non-transferable license to use those components as they are embedded in your deliverables.

What stays yours from the start

You keep ownership of your trademarks, brand assets, and the materials you supply. You grant us a limited license to use them for the term of the engagement so we can perform the services.

Working files and unpaid work

Source files, project files, and raw footage are not included unless the Order says so. Until an Order is paid in full, all rights in the deliverables remain with us, and use of unpaid deliverables is not authorized.

08Portfolio, Case Studies & Credit

Unless your Order says otherwise, you grant us a non-exclusive right to display the work we did for you — including your name, logo, screenshots, video clips, and general performance results — in our portfolio, case studies, website, social media, award submissions, and sales materials.

We will not publish information you have marked confidential under Section 13. If you would rather we keep your project private, email admin@peachtreerosemarketing.com and we will remove it from future materials and take down published references within a reasonable time.

09No Guarantee Of Results

Marketing is not a guarantee. We do not promise specific rankings, traffic numbers, impressions, citations in AI answer engines, leads, sales, revenue, or return on investment. Any figure, projection, forecast, or past client result we share is an example, not a promise of what you will get.

Search engines, answer engines, social platforms, and advertising networks control their own algorithms, policies, and inventory. They change without notice and without our involvement. A change on their side can affect your visibility even when our work is done correctly.

We do not control, and are not responsible for, actions taken by those platforms, including ranking changes, algorithm updates, de-indexing, ad disapprovals, account suspensions, or the removal of content or profiles.

10Text Message (SMS) Terms

Peachtree Rose Marketing operates a text messaging program for customer care and marketing. These terms apply to every mobile number that opts in.

How you opt in

You join the program by giving us your mobile number and agreeing to receive texts — for example, by checking the SMS consent box on one of our forms, texting us first, or telling us in writing that you want text updates. Consent is not a condition of buying anything from us.

What we send

Messages you may receive include:

• Customer care: replies to your questions, appointment and meeting confirmations, scheduling changes, and reminders.
• Account and project updates: onboarding steps, requests for content or approvals, launch and publishing notices, studio booking details, and billing or invoice reminders.
• Marketing: service announcements, new offerings, event and podcast invitations, and content we think is useful to your business.

How often we send

Message frequency varies based on your relationship with us and the conversations you start. Marketing messages are generally limited to no more than ten (10) messages per month. Customer care and project messages are sent as needed and may be more frequent while an active project is running.

Cost

Message and data rates may apply. Peachtree Rose Marketing does not charge you for these messages, but your mobile carrier may. Check your mobile plan for details.

How to stop messages

To opt out of SMS messages, reply STOP to any message. You will receive one final message confirming you have been unsubscribed, and we will not send you further texts unless you opt in again. You may also opt out by emailing group@peachtreerosemarketing.com or calling (210) 390-6404.

How to get help

For help, reply HELP to any message or contact us at group@peachtreerosemarketing.com or (210) 390-6404.

Carriers and delivery

Message delivery depends on your carrier and is not guaranteed. Mobile carriers are not liable for delayed or undelivered messages. Supported carriers may change at any time, and we are not responsible for messages that a carrier blocks, delays, or fails to deliver.

Your number and your device

You confirm the mobile number you give us is yours, or that you have permission from the account holder to enroll it. If your number changes or is reassigned, tell us so we do not text the wrong person. Standard messaging is not encrypted, so please do not send sensitive information such as payment card numbers or government ID numbers by text.

Privacy of your mobile data

We do not sell or rent your mobile number. Mobile opt-in data and SMS consent are never shared with third parties or affiliates for their own marketing purposes. We share your number only with the messaging providers that operate the program on our behalf, and only so they can deliver our messages. Our full Privacy Policy explains how we handle your information.

11Email Communications

When you contact us or become a client, you agree we may email you about your inquiry, your project, and your account. We may also send marketing email if you opt in or if you are an existing client.

Every marketing email includes an unsubscribe link, and we honor opt-out requests promptly as required by the CAN-SPAM Act. Unsubscribing from marketing email does not stop transactional messages about an active project, an invoice, or your account — we still need to reach you about the work.

12Third-Party Platforms, Links & Compliance

Our services often run on platforms we do not own: Google, Meta, YouTube, TikTok, LinkedIn, Spotify, hosting providers, email and SMS providers, analytics tools, and others. Your use of those platforms is governed by their own terms and policies, and you are responsible for meeting them.

This site may link to third-party websites. We do not control them and are not responsible for their content, accuracy, security, or privacy practices. A link is not an endorsement.

Where we send messages or run advertising on your behalf, you are responsible for the accuracy of the underlying claims and for holding the required consents from your own contacts, including consents required by the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable Texas law. We will not knowingly send messages to a list you cannot show consent for.

13Confidentiality

Each of us may learn non-public information about the other — strategy, pricing, customer data, unreleased products, internal processes. We each agree to keep that information confidential, to use it only to perform or receive the services, and to protect it with at least reasonable care.

This does not apply to information that is already public, that we already had, that we receive from someone else without a duty of confidentiality, or that we develop independently. Either of us may disclose confidential information if the law or a court order requires it, after giving the other reasonable notice where legally permitted.

These obligations continue for three (3) years after the engagement ends, and for as long as the law protects it in the case of trade secrets.

14Term, Cancellation & Refunds

Project engagements run until the deliverables in the Order are complete. Retainer engagements run for the term stated in the Order and renew automatically for successive terms unless cancelled.

How to cancel

Either of us may cancel a retainer by giving written notice at least thirty (30) days before the end of the current term. Email to admin@peachtreerosemarketing.com counts as written notice. You remain responsible for fees through the end of the notice period and for any work already performed or third-party costs already committed.

Cancelling for cause

Either of us may cancel immediately if the other materially breaches these Terms or an Order and fails to fix it within fifteen (15) days of written notice. We may also suspend or cancel immediately for non-payment, or if we are asked to publish content that is unlawful, deceptive, or that violates a platform’s policies.

Refunds

Fees for work already performed are non-refundable. Deposits and setup fees are non-refundable. If you prepaid for services not yet performed and cancel properly, we refund the unearned portion within thirty (30) days.

What survives

Sections covering ownership, portfolio rights, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and general provisions survive cancellation.

15Acceptable Use Of This Site

You may use this site for lawful purposes only. You agree not to:

• Copy, scrape, mirror, or resell our content without written permission.
• Attempt to gain unauthorized access to any part of the site, our servers, or our clients’ accounts.
• Introduce malware, run automated attacks, or interfere with the site’s operation.
• Submit false information, impersonate another person, or use our forms to send spam.
• Use our tools, calculators, or audits to build a competing product or service.

All content on this site — text, graphics, logos, video, code, tools, and the Peachtree Rose Marketing name and rose mark — is owned by us or our licensors and is protected by copyright and trademark law. Any feedback or suggestions you send us may be used freely and without compensation.

16Copyright Complaints (DMCA)

We respect intellectual property rights. If you believe content on this site infringes your copyright, send a written notice to admin@peachtreerosemarketing.com that includes: your contact information, a description of the work you claim is infringed, the URL where it appears, a statement that you have a good-faith belief the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your signature.

We will investigate and remove or disable access to infringing material where appropriate.

17Disclaimer Of Warranties

We perform our services in a professional and workmanlike manner. Beyond that, and to the fullest extent permitted by Texas law, this site and our services are provided “as is” and “as available,” without warranties of any kind, express or implied.

We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or its servers are free of harmful components.

Nothing on this site is legal, tax, accounting, or financial advice.

18Limitation Of Liability

To the fullest extent permitted by law, Peachtree Rose Marketing and its owners, employees, and contractors are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption — even if we were told such damages were possible.

Our total liability for all claims arising out of or relating to these Terms, the site, or our services will not exceed the amount you paid us for the services giving rise to the claim during the twelve (12) months before the claim arose.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. In that case, our liability is limited to the smallest amount the law allows.

19Indemnification

You agree to defend, indemnify, and hold harmless Peachtree Rose Marketing LLC and its owners, employees, and contractors from any claim, demand, loss, liability, damage, fine, or expense — including reasonable attorneys’ fees — arising from:

• Content, data, claims, or materials you supply or ask us to publish.
• Your breach of these Terms or of an Order.
• Your violation of any law, regulation, or third-party right, including TCPA, CAN-SPAM, advertising, privacy, publicity, copyright, or trademark rules.
• Contact lists, phone numbers, or email addresses you provide without the required consent.
• Your products, services, or business operations.

20Force Majeure

Neither of us is liable for a delay or failure to perform caused by events beyond reasonable control — including natural disasters, severe weather, power or internet outages, cyberattacks, labor disputes, government action, public health emergencies, or the failure or policy change of a third-party platform or vendor. Payment obligations for work already performed are not excused.

21Governing Law, Venue & Dispute Resolution

These Terms and any Order are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Peachtree Rose Marketing agree that the exclusive venue for any dispute is the state or federal courts located in Bexar County, Texas, and each of us consents to personal jurisdiction there.

Talk first

Before filing anything, the party with the concern will send written notice describing the issue, and both of us will try in good faith to resolve it within thirty (30) days. If that does not work, we will attempt non-binding mediation in Bexar County, Texas, with the cost split evenly. Either of us may still seek injunctive relief in court at any time to protect intellectual property or confidential information.

No class actions

To the extent permitted by law, disputes will be brought individually, not as a plaintiff or class member in any class or representative action.

Time limit

Any claim arising out of these Terms or our services must be brought within one (1) year after the claim arises, or it is permanently barred, except where Texas law requires a longer period.

22Changes To These Terms

We may update these Terms as our services, our tools, or the law change. When we do, we update the “Last updated” date at the top of this page. Material changes will be posted here, and for active clients we will send notice by email.

Continuing to use the site or our services after an update means you accept the revised Terms. Changes do not apply retroactively to a dispute that arose before the change.

23General Provisions

• Entire agreement. These Terms, your Order, and our Privacy Policy are the whole agreement between us on this subject and replace earlier discussions or proposals.
• Severability. If a court finds any part unenforceable, the rest stays in effect and the unenforceable part is narrowed to the minimum extent necessary.
• No waiver. If we do not enforce a provision right away, we have not given up the right to enforce it later.
• Assignment. You may not assign these Terms or an Order without our written consent. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.
• Independent contractor. We are an independent contractor, not your employee, partner, joint venturer, or agent. Neither of us can bind the other.
• Subcontractors. We may use qualified subcontractors and vendors to deliver the services. We remain responsible for their work.
• Non-solicitation. During the engagement and for twelve (12) months after, you agree not to directly hire or solicit any Peachtree Rose Marketing employee or contractor who worked on your account without our written consent.
• Notices. Legal notices to us go to admin@peachtreerosemarketing.com and to 7550 I-10 Suite 859, San Antonio, TX 78229. Notices to you go to the email and address on your Order.
• Headings. Section titles are for convenience and do not affect meaning.
• Electronic records. You agree that electronic signatures, approvals, and records are valid and enforceable between us.

24Contact Us

Questions about these Terms, a project, an invoice, or our text messages? A real person answers.