Terms of Service

Last updated: February 24, 2026

1. Parties and Acceptance.

  • The Parties. This Agreement is entered into by and between Blast Creative Agency (the “Agency”) and the person or entity purchasing services (the “Client”).
  • Consolidated Entity Structure. The Client acknowledges that the Agency operates under multiple trade names (DBAs) to provide specialized services. Regardless of the specific brand name appearing on an invoice, email, or marketing material, all services are governed by this single master Agreement.
  • Binding Agreement. No individual signature is required to execute these Terms. By paying the initial invoice, activating a subscription, or accessing any managed services, the Client acknowledges that they have read, understood, and agreed to be bound by the most current version of these Terms.
  • Incorporation by Reference. These Terms are incorporated by reference into every invoice, proposal, or Statement of Work issued by the Agency. In the event of a conflict between an invoice and these Terms, these Terms shall prevail unless explicitly stated otherwise in writing.

2. Description and Scope of Services.

  • Service Offerings. The Agency provides marketing, and managed IT services. These include website management, managed PBX systems, and digital marketing. 
  • Scope Limits. The specific boundaries of technical support and project scope are defined in the Client’s individual Service Agreement. The Agency is only responsible for the systems explicitly listed in the paid invoice.

3. Payment Terms, Billing, and Subscriptions.

  • Payment Processing. All payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize the Agency to charge your credit card or bank account for all fees incurred, including one-time setup fees, recurring subscription charges, and agree to be bound by the Stripe Services Agreement and Stripe Privacy Policy. 
  • Recurring Billing. Managed services are billed on a subscription basis. You will be automatically charged on a monthly or annual interval. Subscriptions continue until formally canceled according to the termination policy.
  • Service Plan Exclusions. Base subscription fees for managed communication services do not include charges for call overages, SMS (text messaging), MMS (multimedia messaging), international long-distance calls, or inbound toll-free calls. These services are metered and may be charged separately depending on the Client’s specific service plan.
  • Taxes and Regulatory Fees. All service fees are exclusive of applicable telecommunication taxes, surcharges, and regulatory fees (including but not limited to Federal Universal Service Fund fees and state/local E911 surcharges). The Client is responsible for all such taxes and fees, which will be added to the invoice and charged to the authorized payment method.
  • Service Suspension. If a payment fails or is disputed, the Agency reserves the right to suspend all services immediately. This includes deactivating your website, pausing marketing campaigns, and disconnecting voice services. The Agency is not liable for business interruptions caused by non-payment.
  • No Refunds and Chargebacks. All sales are final. Since resources are allocated immediately upon payment, no refunds are provided for partial months. Any fraudulent or bad-faith chargebacks will result in immediate termination of all accounts and may be sent to third-party collections.
  • Rate Adjustments. The Agency may adjust subscription rates with 30 days of notice. Continued use of the services after a rate change constitutes your acceptance of the new pricing.

4. Third-Party Providers and Software.

  • Reliance on Third Parties. The Agency utilizes third-party infrastructure, including Hosting, domain registration services, and SIP providers. Your use of the services is also subject to the terms and conditions of these third-party providers.
  • Service Interruptions. The Agency does not own or control the underlying hardware, data centers, or carrier networks. You agree that the Agency is not liable for any service outages, data loss, or downtime caused by these third-party entities.
  • Pass-Through Terms. Any warranties or Service Level Agreements (SLAs) provided by third-party software or infrastructure providers are passed through to you only to the extent permitted.

5. Managed Voice and Communication Services (E911).

  • E911 Technical Requirements. Each telephone number (DID) intended for use with emergency services must be associated with a verified physical E911 Address to ensure calls route correctly to the local Public Safety Answering Point (PSAP). When placing an emergency call, the Caller ID transmitted must match the full DID number associated with the registered address.
  • Client Responsibility for Data. It is the Client’s sole responsibility to provide an accurate physical address for each DID and to notify the Agency immediately in writing of any changes to the location of users or equipment.
  • Unprovisioned Call Fees. The Client acknowledges that the SIP provider may assess a $95.00 Connection Fee (or “Unprovisioned Call Fee”) for any 911 call placed where the Caller ID is blank or uses a DID that does not have an assigned E911 address. The Client agrees to be solely responsible for these fees and will be billed accordingly.
  • Service Nature. The Agency provides managed Voice over IP (VoIP) and PBX solutions. These services operate over the public internet and are not equivalent to traditional landlines.
  • Emergency Services (E911) Limitations. 911 dialing functionality may be limited or unavailable during power outages, internet service disruptions, or hardware failures.
  • Telephone Numbers (DIDs). While the Agency assists in the procurement and porting of Direct Inward System Access (DISA) or Direct Inward Dialing (DID) numbers, the maintenance of these numbers is contingent upon active, paid service. If a service is terminated or suspended for non-payment, the underlying carrier may release these numbers back to the public pool. The Agency is not responsible for the loss of any telephone numbers due to Client’s failure to maintain a positive account balance.
  • Local Infrastructure. The Agency is not responsible for call quality issues, including jitter, latency, or dropped calls, caused by the Client’s local network environment, routers, or Internet Service Provider (ISP) limitations. The Agency is not liable for the failure of any hardware not purchased directly through or managed by the Agency.
  • Indemnification for Emergency Services. You agree to defend and indemnify the Agency against any legal claims arising from a failure to access emergency services, including misrouting or technical failures.

6. Client Responsibilities and Account Access.

  • Administrative Access. You must provide the Agency with administrative access to all necessary accounts, including Website Software logins, domain registrars, and DNS hosting providers.
  • Timely Approvals. You agree that the Agency is not responsible for service delays, security lapses, or hosting expirations caused by your failure to provide required information or access.
  • Email Management. The Agency may manage email services through third-party Hosting or software providers. 
  • Email Backups.The Client is responsible for maintaining local backups of critical email data. The Agency is not responsible for data loss resulting from server failures, mailbox overages, or account terminations due to non-payment.
  • Usage Compliance. You agree to use all provided tools—including Website Software and email servers—in compliance with all applicable laws, including anti-spam (CAN-SPAM Act) and telemarketing laws.

7. Intellectual Property Rights.

  • Client Deliverables. Upon receipt of full and final payment, the Agency grants the Client a non-exclusive license to use the final creative assets produced specifically for the Client.
  • Agency Retained Rights. The Agency retains all ownership and intellectual property rights to the “Tools of the Trade,” including proprietary PBX configurations, custom Website Software code snippets, and internal workflows.
  • Third-Party Licenses. Software or plugins integrated into the Client’s systems are subject to their respective third-party licenses.

8. Domain Name and DNS Management.

  • Technical Contact. When the Agency manages your DNS settings, you authorize the Agency to act as your technical representative.
  • Ownership of Domains. Unless otherwise specified, all domain names registered on your behalf are your property. The Agency is not responsible for the loss of a domain name due to your failure to pay renewal fees.
  • DNS Liability. You agree that the Agency is not liable for any business loss or downtime resulting from DNS propagation delays or errors in configuration.

9. Term and Termination.

  • Service Term. Managed service subscriptions are month-to-month unless otherwise specified.
  • Cancellation Policy. The Client may cancel recurring services by providing written notice to [email protected] at least thirty (30) days prior to the next billing cycle.
  • Service Suspension and Asset Loss. If a payment fails or is disputed, the Agency reserves the right to suspend all services immediately. The Client acknowledges that non-payment may result in the permanent loss of business telephone numbers (DIDs), website data, domains and email access. The Agency is not liable for the inability to recover telephone numbers or data once a service is suspended for non-payment.
  • Termination for Non-Payment. As stated previously, the Agency reserves the right to suspend or terminate services immediately if an invoice remains unpaid past the due date.
  • Post-Termination Data. Upon termination, the Agency will cease all management of systems. The Agency reserves the right to delete all Client data from its managed systems 30 days after the final service date.
  • Grace Period and Deletion. Accounts fifteen (15) days past due will be suspended; accounts thirty (30) days past due will be terminated. Upon termination, all associated data, including website files, email archives, and telephone numbers (DIDs), will be permanently deleted or released back to the public pool.

10. Limitation of Liability and Indemnification.

  • Maximum Liability. The total cumulative liability of the Agency for any claims shall not exceed the total amount paid by the Client to the Agency during the three (3) months immediately preceding the event.
  • Exclusion of Consequential Damages. The Agency is not liable for any indirect or consequential damages, including loss of business profits or website downtime.
  • “As-Is” Service. All managed services, including Hosting and PBX management, are provided on an “as-is” and “as-available” basis.

11. Data Privacy and Information Sharing.

  • Role as Service Provider. The Agency acts as a service provider and will handle Client data in accordance with applicable privacy laws.
  • No Sale of Customer Data. The Agency does not sell, rent, or lease Client data, contact lists, or private business information to third parties for marketing or advertising purposes.
  • Information Sharing for Service Fulfillment. The Client acknowledges that the Agency must share specific data with third-party providers (including Hosting, SIP carriers, and domain registrars) to activate and maintain services. This may include, but is not limited to, the Client’s name, physical address (for E911), email address, and IP addresses.
  • Regulatory and Legal Disclosure. The Agency may disclose Client information if required to do so by law, or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Agency; (b) protect and defend the rights or property of the Agency; or (c) act under exigent circumstances to protect the personal safety of users or the public.
  • Confidentiality. Both parties agree to maintain the strict confidentiality of sensitive business information, proprietary workflows, and trade secrets shared during the course of the agreement. This obligation survives the termination of the Agreement.
  • Comprehensive Privacy Policy. For a complete description of the Agency’s data practices, including collection methods, retention periods, and your rights regarding your personal information, please refer to our full Privacy Policy at https://blastcreativeagency.com/privacy. This policy is incorporated into these Terms by reference.

12. Governing Law and Dispute Resolution.

  • Governing Law. These Terms shall be governed by the laws of the state where the Agency is registered.
  • Mandatory Arbitration. Any dispute arising from these Terms shall be settled by binding arbitration on an individual basis.
  • Class Action Waiver. You agree that any proceedings will be conducted solely on an individual basis.

13. Migrations and Offboarding.

  • Provision of Files. If the Client chooses to cancel or switch Hosting or email support providers, the Agency’s sole obligation is to provide the Client with a one-time export of the website files and/or email data, provided that the Client has paid for the website and/or project in full. If the website is part of an ongoing payment plan or lease-to-own arrangement and has not been paid in full, the Agency is under no obligation to provide source files or data exports. The provision of these files constitutes the complete fulfillment of the Agency’s duties regarding the transfer.
  • Migration Services and Fees. The Agency is not responsible for setting up, configuring, or troubleshooting the website or email services on a new provider’s server. If the Client requests the Agency to manage the migration process to a new provider, a minimum migration charge of $300.00 shall apply per service (e.g., $300.00 for the website and $300.00 for email).
  • Migration Liability and Data Loss. The Agency is not responsible for any website or email migration issues, corruption of data, or loss of data that may occur during the migration process, whether the migration is performed by the Client, the Agency, or a third party. The Client acknowledges that migrations are high-risk technical procedures and agrees to hold the Agency harmless for any resulting downtime or data discrepancies.
  • Third-Party Costs. The Client is responsible for all costs, service charges, or setup fees applied by the new Hosting provider or any other third-party service involved in the migration. These costs are in addition to the Agency’s migration fees.
  • Service Termination After Transfer. Once the files have been provided or the migration is complete, the Agency will terminate all access and management of the Client’s systems. The Agency is not responsible for any issues that arise once the files are moved to an environment not managed by the Agency.

14. Acceptable Use and Regulatory Compliance.

  • Telemarketing and Spam. The Client agrees to comply with all laws regarding telemarketing (TCPA) and commercial email (CAN-SPAM). The Agency reserves the right to terminate service immediately if the Client is found to be sending unauthorized “robocalls” or spam.
  • Fair Usage Policy (FUP). The Agency’s “unlimited” service plans for PBX and SIP services are provided solely for normal, reasonable, and personal business use. “Normal business use” is defined as usage that does not interfere with the Agency’s ability to provide high-quality service to other customers and is consistent with typical human-to-human interaction.
  • Prohibited Communication Activities. Unlimited plans may not be used for any of the following: auto-dialing, continuous or extensive call forwarding, telemarketing, “robocalling,” fax blasting, or any activity that originates from an automated system rather than a live human caller.
  • Thresholds and Determination. The Agency reserves the sole right to determine if usage is excessive or inconsistent with normal business patterns. If the Client’s usage is deemed to violate this Fair Usage Policy, the Agency may, at its discretion: (i) transition the Client to a metered (per-minute) plan, (ii) apply a surcharge for excessive usage, or (iii) suspend the service.
  • Regulatory Fines. The Client shall indemnify the Agency for any fines, penalties, or legal fees imposed on the Agency by third-party carriers or government agencies due to the Client’s traffic or content.
  • Remediation Labor Costs. In addition to indemnifying the Agency for fines, the Client agrees to pay for the labor and technical costs (at the Agency’s current hourly rate) required to remediate and “clean” any IP addresses or domains blacklisted due to the Client’s sending of unauthorized spam or robocalls.

15. Maintenance and Security.

  • Applicability. This section applies only to Clients on a monthly service plan that explicitly includes Maintenance, Backups, and/or Security Updates. These services are not included in basic Hosting plans.
  • Accessibility Disclaimer. The Agency utilizes industry-standard best practices when managing Website Software. However, the Agency does not guarantee that any website will be 100% compliant with the Americans with Disabilities Act (ADA) or other accessibility regulations unless a specific “Accessibility Audit and Remediation” service is purchased as a separate, written Statement of Work.
  • Software Updates. For applicable plans, the Agency will perform routine security updates to Website Software and plugins. The Agency is not liable for layout shifts or “broken” features caused by these third-party updates.
  • Backups. While the Agency may perform backups, the Client is ultimately responsible for maintaining independent copies of all website and email data.
  • Zero-Day Vulnerabilities. The Agency is not liable for security breaches resulting from “Zero-Day” exploits or vulnerabilities in third-party Website Software, plugins, or hardware that have not yet been patched by the original developers.
  • Force Majeure. The Agency is not liable for service failures caused by acts of God, war, or national infrastructure failures.

16. Multi-Brand Communication and Billing.

  • Brand Representation. The Client acknowledges that they may receive communications, support tickets, and telephone calls from various Agency brands, including but not limited to Blast Consulting, Blast Creative Agency, Blast PBX, Blast MSP, and Blast IT Solutions.
  • Cross-Brand Billing. Services may be billed collectively or separately under any of the Agency’s trade names. Payment to any of these entities constitutes payment to the Agency. The Client agrees that receiving an invoice or communication from a specific “Blast” brand does not create a separate legal agreement or alter the terms of this master Agreement.
  • Support and Outreach. The Client authorizes the Agency to contact them using any of the aforementioned brand identities for the purposes of technical support, account management, or service updates.
  • Authorized Outreach. By engaging the Agency, you authorize us to contact you across all brands for technical support, billing, or service updates via any contact method provided.
  • Essential Account Communications. To ensure the security and continuity of your managed services, the Agency must be able to reach you regarding administrative matters. You agree that the Agency may send essential account notifications—including invoices, receipts, account updates, and password resets—notwithstanding any general marketing opt-out request. You are responsible for maintaining an accurate and active administrative email address on file.

17. Non-Solicitation of Personnel.

  • Non-Solicitation. During the term of this Agreement and for a period of one (1) year following its termination, the Client agrees not to solicit, recruit, hire, or otherwise engage—either directly or indirectly—any employee or independent contractor of the Agency who was involved in providing services to the Client without the Agency’s prior written consent. The Client acknowledges that the Agency has a legitimate business interest in protecting its substantial relationships with its personnel and the specialized training provided to them.
  • Enforceability in Florida. This provision is intended to be reasonable in time and scope under Florida Statute § 542.335. For personnel meeting the compensation thresholds defined by the Florida CHOICE Act (earning at least double the local annual mean wage), this restriction is presumed to be a valid, fully enforceable restraint of trade that does not violate public policy.
  • Liquidated Damages. If the Client violates this provision by hiring or engaging a protected individual, the Client agrees to pay the Agency liquidated damages equal to 50% of the individual’s annual compensation (including base pay and any fees). Both parties agree that this amount is a reasonable estimate of the Agency’s actual damages—including recruitment, onboarding, and training costs—which are difficult to ascertain at the time of the breach. These damages are intended as compensatory, not as a penalty, and shall be the Agency’s exclusive monetary remedy for such a breach unless the Agency elects to seek injunctive relief instead.
  • Injunctive Relief. The Client acknowledges that a breach of this section would cause irreparable harm for which monetary damages alone may be inadequate. Therefore, the Agency shall be entitled to seek a preliminary and permanent injunction in any court of competent jurisdiction to prevent such solicitation or engagement, as mandated by the CHOICE Act for covered personnel.

18. Miscellaneous.

  • Survival. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  • Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19. Contact Information.