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Terms and Conditions

Updated: 9/19/2026

1. Agreement to Terms

These Terms & Conditions ("Terms") govern your access to and use of the Spark'd Marketing (hereafter referred to as Spark'd) website at [yourdomain.com] (the "Site") and any branding, web development, CRM management, or recruitment services we provide (collectively, "Services"). By using the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.

2. Use of the Site

You agree to use the Site only for lawful purposes. You will not:

  • Use the Site in any way that violates applicable federal, state, or local law
  • Attempt to gain unauthorized access to any part of the Site, our servers, or connected systems
  • Introduce viruses, malware, or other harmful code
  • Scrape, copy, or reproduce Site content without our written permission
  • Impersonate Spark'd or misrepresent your affiliation with us

We may suspend or terminate your access to the Site at our discretion if we believe you've violated these Terms.

3. Site Content and Intellectual Property

All content on the Site — including text, graphics, logos, images, and design — is owned by Spark'd or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.

4. Services Overview

Spark'd provides the following Services, as further described on the Site or in a separate client agreement, retainer agreement, or statement of work ("Project Agreement"):

  • Branding: logo design, visual identity, and brand strategy
  • Web development: website design, build, and maintenance
  • CRM management: setup, administration, and ongoing management of client CRM platforms, primarily HubSpot (Marketing Hub, Sales Hub, Service Hub, Content Hub)
  • Recruitment: candidate sourcing and placement services, primarily within industrial/trade and manufacturing sectors

Where these Terms and a signed Project Agreement conflict on project-specific matters (scope, timeline, price), the Project Agreement controls.

5. Payment Terms — Branding & Web Development

  • Pricing, payment schedules, and invoicing terms will be outlined in your Project Agreement or invoice.
  • Payment is due according to the terms specified at the time of engagement. A 50% deposit due at signing, balance due upon completion.
  • Late payments may result in paused work, late fees, or suspension of services.
  • Refunds and cancellations: Refunds are considered on a case-by-case basis, taking into account work already completed, resources committed, and the stage of the project at the time of cancellation. To request a cancellation or refund, contact us directly and we'll work with you on a fair resolution.

6. Ownership of Deliverables — Branding & Web Development

Upon full payment for a branding or web development project, the client receives ownership rights to the final approved deliverables (e.g. logos, brand assets, website files) as specified in the applicable Project Agreement, subject to the following:

  • Portfolio use: Spark'd retains the right to display completed work — including branding materials, website designs, and project descriptions — in our portfolio, case studies, marketing materials, and on our website and social media, unless the client requests confidentiality in writing and we agree to it in the Project Agreement.
  • Underlying tools and assets: Any proprietary frameworks, code libraries, templates, or tools we use to build deliverables remain our property and are not transferred to the client, even if incorporated into the final work, unless explicitly stated otherwise in the Project Agreement.
  • Third-party assets: Stock photos, fonts, plugins, or other third-party assets used in a project are subject to their own licensing terms and may not be freely transferable.

7. CRM Management Services

CRM management engagements are offered as either an ongoing monthly retainer or a one-time project (e.g. initial setup and configuration), as specified in your Project Agreement.

  • Account access: Clients grant Spark'd the necessary administrative or user-level access to their CRM platform (e.g. HubSpot) to perform agreed-upon services. Clients are responsible for ensuring they have the authority to grant such access.
  • Data ownership: The client retains ownership of all data stored within their CRM, including contact records, deal data, and marketing assets. Spark'd does not claim ownership of client CRM data.
  • Confidentiality: We treat client CRM data, contact lists, and business information accessed in the course of providing Services as confidential and will not share, sell, or use it outside the scope of the engagement.
  • Retainer terms: Ongoing retainer engagements renew on a recurring basis (e.g. monthly) until canceled by either party with notice as specified in the Project Agreement. A written notice is required 30 days prior to canceling retainment.
  • Offboarding: Upon termination of a CRM management engagement, Spark'd will cooperate in good faith to transfer administrative access back to the client or their designated administrator within 30 days.
  • No guarantee of platform performance: We are not responsible for outages, bugs, pricing changes, or policy changes made by the CRM platform provider (e.g. HubSpot) itself.

8. Recruitment Services

Recruitment services involve sourcing and presenting candidates to clients for open positions, primarily within industrial/trade and manufacturing sectors. Placements are final and fees are non-refundable once invoiced.

  • Fee structure: Placement fees are calculated as 20% percentage of the placed candidate's first-year salary. The fee is invoiced upon the candidate's acceptance of an offer or start date, as specified in the applicable Project Agreement.
  • No guarantee of hire or outcome: Spark'd will use commercially reasonable efforts to source qualified candidates but does not guarantee that any search will result in a successful hire, or that a placed candidate will remain employed for any particular length of time (except as covered by an explicit replacement guarantee, if offered).
  • Candidate information: Client agrees to keep candidate information (resumes, contact details, interview notes) confidential and to use it solely for the purpose of evaluating candidates for the specific role(s) presented.
  • Non-circumvention: Client agrees not to hire, engage, or refer to a third party any candidate presented by Spark'd outside of the agreed placement process without paying the applicable placement fee, for a period of 12 months following introduction of the candidate.

9. Client Responsibilities

To deliver services on schedule, we rely on clients to:

  • Provide timely feedback, approvals, and requested materials (logos, copy, images, access credentials, job descriptions, CRM access, etc.)
  • Ensure they have the rights and authority to any content, data, or system access they provide to us for use in a project
  • Make payments according to the agreed schedule

Delays caused by the client (late feedback, missing materials, delayed access, etc.) may extend project timelines accordingly.

10. Disclaimers and Limitation of Liability

The Site and Services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific business results (e.g. traffic, leads, sales, search rankings, successful hires, or CRM performance) from our Services.

To the fullest extent permitted by law, Spark'd Marketing's total liability for any claim arising out of or relating to the Site or Services shall not exceed the amount paid by the client for the Services giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

11. Indemnification

You agree to indemnify and hold Spark'd harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms, or content, data, or candidate information you provide to us for use in a project.

12. Termination

Either party may terminate an ongoing project or retainer per the terms of the applicable Project Agreement. We reserve the right to terminate or restrict access to the Site for any user who violates these Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Any disputes arising from these Terms or our Services will be resolved through binding arbitration in Boulder County, CO.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the Site or Services after changes are posted constitutes acceptance of the updated Terms.

15. Contact Us

Questions about these Terms? Reach out to:

Spark'd Marketing
amanda@sparkdmarketing.com