Terms of Service

Effective 2026-08-28 · Last updated 2026-09-04

1. Acceptance

These Terms govern the marketing services Booked Board (“we,” “us”) provides to you, the client (“you”). The specific services, tier, and fees are set out in the order form or proposal you sign; where that document and these Terms conflict, the signed order form controls. Using the service means you accept these Terms.

2. The service

We run done-for-you local marketing for residential HVAC contractors. Depending on your tier, that includes some or all of: business-listing optimization and posting, review generation and response, call tracking and attribution, missed-call text follow-up, unsold-estimate follow-up, Local Services Ads and paid-search management, seasonal and maintenance email campaigns, and a monthly performance report. The exact deliverables for your tier are those described in your signed order form.

3. Tiers

• Foundation — $1,500 one-time setup, then $1,750/mo flat.
• Growth — $2,500 one-time setup, then $3,000/mo flat.

Figures above are drawn from our current published pricing and update automatically if pricing changes; the number in your signed order form is the number that binds your account.

4. Fees and payment

• Setup fee. The one-time setup fee for your tier is due at signing.
• Flat monthly retainer, billed in arrears. Each monthly invoice covers the calendar month just completed, not the month ahead — you do not prepay for service. Invoices are issued on the first day of the following month and are due on receipt. Your tier is billed as one flat monthly fee: there are no per-call, per-lead, or per-appointment charges, and the amount does not vary with call or job volume.
• Pass-through tool and ad costs. Third-party costs (for example ad spend and messaging fees) are billed at cost as separate, itemized line items, never marked up. Ad spend is billed directly to your payment method on file with the advertising platform.
• Setup fee refund on non-delivery. The setup fee is non-refundable once we have completed the setup deliverables in your order form, which produce assets you own outright. If we fail to complete them within 30 days of receiving access to your accounts, you may end this agreement on written notice and we will refund the setup fee in full.
• Invoice questions. Raise any question about an invoice in writing within 7 calendar days of receipt and we will respond within 3 business days. Because the retainer is a fixed monthly amount, questions are limited to setup-fee timing, pass-through line items, and proration on the first and final month. There is no per-appointment dispute process, because no fees are charged on that basis.

When your engagement starts: for every date-dependent commitment in these Terms, the engagement begins on the date we receive access to the accounts listed in your order form — not the date you sign.

5. Your responsibilities

Our ability to perform depends on your cooperation. You agree to:

• Provide and maintain our access to the accounts listed in your order form (business listing, ad accounts, Local Services Ads, call tracking, review platform, website, and, at Growth, your CRM) for the duration of the engagement.
• Review and approve or return the monthly approval bundle within 5 business days of receipt. Items not returned in that window may be published as submitted, so scheduled delivery is not delayed.
• Maintain ad spend at or above the floor stated in your order form.
• At Growth, maintain the CRM and lead-source tagging we need for reporting, and provide read access to job records.
• Keep the credentials and access you grant us current, ensure the information you give us is accurate, and confirm you are authorized to share it.

Where our failure to perform is caused by one of these obligations not being met, that failure is not attributable to us.

6. Ownership of what we build

Accounts and assets set up in your name — your business listing, your ad accounts, your review profile, your tracked numbers — are and remain yours. You keep them if the engagement ends. We retain ownership of our own internal tools, templates, and systems used to deliver the service.

7. What we commit to

We commit to the specific deliverables in your order form, stated at the item, frequency, and timing level — not to an outcome. We make no representation as to any particular number of booked jobs, amount of revenue, or search-ranking position. Marketing results depend on your market, your pricing, and how your team handles the calls and leads we generate, and we do not control those.

8. Term and termination

• The engagement runs month to month. There is no minimum term and no auto-renewal.
• Either party may end this agreement at any time, on written notice, effective immediately. There is no notice period and no penalty for ending early.
• Final invoice. The final invoice covers the flat monthly retainer prorated through the last day of engagement, plus pass-through tool costs billed in full for the calendar month in which termination occurs — third-party vendor subscriptions are not prorated by their providers. We deliver it within 7 days of the last day of engagement.
• Your assets. We transfer all assets that are yours within 5 business days of the last day of engagement and remove our manager-level access to your accounts in the same window.
• After termination we cease processing your data except as required to close out billing and meet legal obligations. Continuing the engagement afterward requires a new written agreement.

9. Confidentiality

Each party will protect the other’s non-public business information and use it only to perform or receive the service. This does not cover information that is public, independently developed, or required to be disclosed by law.

10. Disclaimers

We deliver the service with reasonable professional care. We are not responsible for changes to Google’s algorithm, Local Services Ads policy changes, platform suspensions caused by your account history, or results attributable to how your team handles calls, answer rate, or booking rate. Except as expressly stated in these Terms, the service is provided without other warranties to the fullest extent permitted by law.

11. Limitation of liability and indemnification

To the fullest extent permitted by law, neither party is liable for indirect, incidental, or consequential damages, and our total liability for any claim is limited to the fees you paid us in the 30 days before the claim arose. You agree to indemnify us against claims arising from content or access you provide, or from your own violation of law — and we agree to the same toward you for our service.

Nothing in this section limits either party’s liability for gross negligence or willful misconduct, or either party’s indemnification obligations under these Terms.

12. Changes to these terms

We may update these Terms; material changes take effect on notice to you, reflected in the “last updated” date above. Continued use after a change means you accept the updated Terms.

13. Governing law and dispute resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. The parties will attempt to resolve disputes in good faith before pursuing formal proceedings; venue and any arbitration terms are as stated in your signed order form.

14. Text messaging (SMS)

Where your tier includes missed-call text follow-up, these terms govern that message program. The full disclosure is in our Privacy Policy, section 8.

• Program. A single automated follow-up text is sent to a homeowner when they call one of your tracked numbers and the call is missed. There is no marketing list, no recurring campaign, and no message is sent to anyone who did not first call your business.
• Consent basis. The homeowner initiated contact by calling you; the text is a direct response to that inbound call.
• Frequency and sender. At most one message per missed call, sent from a standard 10-digit local number registered to your business.
• Opt out. Recipients reply STOP to stop all messages and HELP for help. Message and data rates may apply, depending on the recipient’s carrier and plan. A STOP request is enforced at the carrier and messaging layer and does not expire.
• Mobile data is never sold. Phone numbers and consent data collected for this program are never sold, rented, or shared with third parties or lead generators for marketing or promotional purposes. They are shared only with the messaging provider that delivers the message and with you, the business whose call was missed.
• Carrier registration is a prerequisite, and it is not ours to grant. Before any message can be sent, the mobile carriers must register and approve your business as the sender. We file that registration at the start of onboarding; approval typically takes about a week and occasionally longer. Until it clears, missed calls are logged and reported but not texted, and no backlog is sent once it does clear. Any stated response time for this deliverable runs from the date your registration is approved.
• Your obligations. You confirm the tracked numbers are used by your business, that the registration details you give us are accurate, and that you will not ask us to send messages outside the program described above. We do not send marketing or promotional text messages on your behalf under these Terms.

15. Contact

Questions about these Terms: contact@bookedboard.com.