Terms of Service

1. Acceptance of Terms

Welcome to Bloom 360 LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Bloom 360 LLC governing your use of our website located at bloom-360.com and all related digital marketing services, products, and deliverables provided by the Company.

By accessing our website, engaging our services, signing a service agreement, or submitting payment for any of our offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with any provision of these Terms, you must not use our website or engage our services.

These Terms apply in addition to any separate service agreement, statement of work (SOW), or proposal executed between you and Bloom 360 LLC. In the event of a conflict between these Terms and a signed service agreement, the provisions of the signed service agreement shall take precedence to the extent of the conflict.

2. Description of Services

Bloom 360 LLC is a full-service 360 digital marketing agency providing comprehensive solutions designed to accelerate business growth. Our services include, but are not limited to:

• Search Engine Optimization (SEO) -- Keyword research, technical audits, on-page and off-page optimization, link building, and content strategy to improve organic search visibility.
• Search Engine Marketing (SEM) -- Pay-per-click campaign management, Google Ads setup and optimization, retargeting, and paid search strategy.
• Social Media Management -- Content creation, scheduling, community management, analytics reporting, and platform-specific strategy across Instagram, Facebook, LinkedIn, TikTok, and more.
• Web Design & Development -- Custom website design, responsive development, landing pages, e-commerce solutions, UI/UX optimization, and ongoing maintenance.
• Meta Ads (Facebook & Instagram Advertising) -- Campaign creation, audience targeting, A/B testing, creative production, budget optimization, and performance reporting.
• AI & Automation -- Marketing automation workflows, AI-powered chatbots, automated email sequences, CRM integrations, and intelligent lead nurturing systems.
• Email Marketing -- Campaign design, list management, segmentation, automation, A/B testing, and deliverability optimization.
• WhatsApp Marketing -- Business API setup, broadcast campaigns, automated messaging flows, and customer engagement strategies.
• CRM Setup & Management -- Customer relationship management platform configuration, data migration, workflow automation, and team training.
• Market Research -- Competitive analysis, audience insights, industry trend reports, and data-driven strategic recommendations.
• Virtual Secretariat -- Administrative support, appointment scheduling, client communication management, and operational assistance.
• Business Scaling -- Growth strategy consulting, process optimization, performance analytics, and scalable marketing frameworks.

The specific scope, deliverables, timelines, and terms for each engagement will be outlined in a separate proposal or statement of work agreed upon by both parties prior to commencement.

3. Service Packs & Pricing

Bloom 360 LLC offers the following pre-defined service packs. Custom packages and enterprise solutions are also available upon request:

All prices are listed in United States Dollars (USD) and are exclusive of applicable taxes, third-party platform advertising budgets, stock media licensing, premium plugin or software costs, and any other external expenses unless explicitly stated otherwise in writing. Bloom 360 LLC reserves the right to modify pricing at any time; however, any price changes will not affect active agreements already in effect unless mutually agreed upon.

4. Payments & Billing

By engaging our services, you agree to the following payment terms:

• Invoicing: Invoices are issued at the beginning of each billing cycle for recurring services, or as outlined in the applicable proposal or SOW for project-based work.
• Payment Due Date: Unless otherwise specified in writing, all invoices are due upon receipt. Recurring invoices are due on the first day of each billing period.
• Accepted Methods: We accept credit cards, debit cards, bank transfers (ACH/wire), and other payment methods as communicated at the time of engagement.
• One-Time Projects: For one-time projects such as the Web Design Pack, a non-refundable deposit of fifty percent (50%) is required before work commences. The remaining balance is due upon project completion and before final deliverables are released.
• Late Payments: Invoices not paid within seven (7) days of the due date may be subject to a late fee of one and one-half percent (1.5%) per month on the outstanding balance. Bloom 360 LLC reserves the right to suspend or terminate services for accounts with outstanding balances exceeding fourteen (14) days past due.
• Chargebacks & Disputes: Filing a chargeback or payment dispute without first contacting Bloom 360 LLC to resolve the matter may result in immediate service termination and the Client being held responsible for all associated fees and costs incurred.

5. Project Scope & Changes

Each engagement is governed by the scope of work defined in the applicable proposal, SOW, or service agreement. Any requests that fall outside the agreed-upon scope are considered out-of-scope work and may be subject to additional fees.

• Scope Definition: Prior to beginning any project, Bloom 360 LLC will provide a written outline of the deliverables, milestones, timelines, and responsibilities. Both parties must agree to this scope before work begins.
• Change Requests: If the Client requests modifications, additions, or changes to the original scope, Bloom 360 LLC will provide a written change order detailing the additional cost and impact on timelines. Work on the change request will not begin until the Client has approved the change order in writing.
• Timeline Adjustments: Delays caused by the Client's failure to provide required materials, feedback, or approvals in a timely manner may result in adjusted delivery timelines. Bloom 360 LLC is not responsible for delays attributable to the Client.

6. Revisions & Approvals

We value collaboration and strive to deliver work that meets your expectations. The following revision policy applies unless stated otherwise in a specific service agreement:

• Included Revisions: Each project or deliverable includes up to two (2) rounds of revisions at no additional charge. A "round of revision" constitutes a consolidated set of feedback provided in a single communication.
• Additional Revisions: Revisions beyond the included rounds will be billed at our standard hourly rate, which will be communicated to the Client in advance.
• Approval Process: The Client is responsible for reviewing and approving deliverables within five (5) business days of submission. If no feedback or approval is received within this period, the deliverable will be deemed approved as presented.
• Creative Direction Changes: Requests that represent a fundamental change in creative direction (such as a complete redesign after initial approval) constitute new scope and will be treated as a change order per Section 5.

7. Intellectual Property

Intellectual property rights related to work produced by Bloom 360 LLC are governed as follows:

• Client Ownership: Upon full and final payment of all fees associated with a project or deliverable, the Client is granted full ownership of all custom-created final deliverables, including but not limited to website designs, graphic assets, copy, and campaign creatives specifically produced for the Client.
• Agency Tools & Frameworks: Bloom 360 LLC retains all rights, title, and interest in proprietary tools, templates, methodologies, processes, frameworks, code libraries, and any pre-existing intellectual property used or developed during the engagement. These may be licensed to the Client for use in connection with the deliverables but are not transferred.
• Third-Party Assets: Any third-party assets (stock images, fonts, plugins, software licenses) incorporated into deliverables remain subject to their respective license terms. The Client is responsible for maintaining valid licenses for such assets.
• Portfolio Rights: Bloom 360 LLC reserves the right to display and reference completed work in its portfolio, case studies, marketing materials, and social media unless the Client provides written notice to the contrary.

8. Confidentiality

Both parties acknowledge that during the course of the engagement, each party may receive or have access to confidential or proprietary information belonging to the other party ("Confidential Information"). Confidential Information includes, but is not limited to, business strategies, marketing data, customer lists, financial information, trade secrets, analytics data, login credentials, and any information designated as confidential.

Each party agrees to:

• Hold all Confidential Information in strict confidence and not disclose it to any third party without prior written consent.
• Use Confidential Information solely for the purpose of fulfilling obligations under the engagement.
• Take reasonable measures to protect the confidentiality of such information, using at least the same degree of care used to protect its own confidential information.
• Return or destroy all Confidential Information upon termination of the engagement or upon written request by the disclosing party.

This obligation of confidentiality survives termination of the engagement for a period of two (2) years unless otherwise agreed in writing.

9. Client Responsibilities

To ensure the successful and timely delivery of services, the Client agrees to the following responsibilities:

• Timely Communication: Provide prompt responses to requests for information, feedback, and approvals. Unreasonable delays in communication may impact project timelines and deliverables.
• Access & Credentials: Provide all necessary access to platforms, accounts, hosting environments, analytics tools, and other resources required for service delivery. The Client is responsible for ensuring that such access is accurate and secure.
• Accurate Information: Supply accurate, complete, and lawful content, data, and materials as required. Bloom 360 LLC is not responsible for errors arising from inaccurate or incomplete information provided by the Client.
• Legal Compliance: Ensure that all content, products, services, and business practices promoted through Bloom 360 LLC's services comply with all applicable local, state, federal, and international laws and regulations, including but not limited to advertising standards, data protection laws, and industry-specific regulations.
• Designated Point of Contact: Appoint a single authorized representative to serve as the primary point of contact for all communications, approvals, and decision-making related to the engagement.
• Content Ownership: Confirm that all materials, images, text, and other content provided to Bloom 360 LLC for use in deliverables are owned by or properly licensed to the Client.

10. Termination

Either party may terminate the service engagement under the following conditions:

• Monthly Services: Either party may terminate a recurring service engagement by providing thirty (30) days written notice prior to the next billing cycle. Upon termination, the Client is responsible for all fees incurred up to and including the current billing period.
• One-Time Projects: If the Client cancels a one-time project after work has commenced, the initial deposit is non-refundable. The Client will be invoiced for any additional work completed beyond the deposit amount.
• Termination for Cause: Either party may terminate the agreement immediately with written notice if the other party materially breaches any provision of these Terms and fails to cure such breach within fifteen (15) days of receiving written notice of the breach.
• Termination by the Company: Bloom 360 LLC reserves the right to terminate services immediately if the Client engages in abusive, threatening, or unethical behavior toward any member of the Bloom 360 team, or if the Client's use of our services involves illegal or fraudulent activity.
• Post-Termination: Upon termination, Bloom 360 LLC will deliver all completed work product for which full payment has been received. Any unpaid work product will be retained by the Company until all outstanding balances are settled. Access to accounts, tools, and platforms managed by Bloom 360 LLC will be transitioned back to the Client within a reasonable timeframe following the receipt of full payment.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Bloom 360 LLC, its owners, officers, directors, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or in connection with the services provided, even if Bloom 360 LLC has been advised of the possibility of such damages.

In no event shall the total aggregate liability of Bloom 360 LLC for any and all claims arising out of or related to the services exceed the total amount of fees actually paid by the Client to Bloom 360 LLC during the three (3) months immediately preceding the event giving rise to the claim.

Bloom 360 LLC is not liable for any damages, losses, or adverse outcomes resulting from:

• Third-party platform changes, algorithm updates, policy modifications, or service disruptions (including but not limited to Google, Meta, Instagram, TikTok, LinkedIn, or any other platform).
• The Client's failure to comply with applicable laws, regulations, or platform terms of service.
• Loss of data, security breaches, or unauthorized access to the Client's accounts not directly caused by the Company's negligence.
• Force majeure events including natural disasters, pandemics, wars, government actions, internet failures, or other circumstances beyond the reasonable control of Bloom 360 LLC.

12. Warranties & Disclaimers

Bloom 360 LLC will perform all services in a professional and workmanlike manner consistent with generally accepted industry standards. However, the Client acknowledges and agrees to the following:

• Third-Party Dependencies: Many of our services depend on third-party platforms and technologies. Changes to platform algorithms, policies, pricing, or availability may affect the performance and delivery of our services. Bloom 360 LLC will make commercially reasonable efforts to adapt to such changes but cannot guarantee uninterrupted or unaffected service.
• "As-Is" Website: The information on the Bloom 360 LLC website is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Professional Advice: Content published on our website, social media channels, or communications does not constitute professional legal, financial, or business advice. Clients should consult with appropriate professionals for specific guidance.

13. Indemnification

The Client agrees to indemnify, defend, and hold harmless Bloom 360 LLC, its owners, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• The Client's breach of these Terms or any applicable service agreement.
• Content, materials, or information provided by the Client that infringes upon the intellectual property, privacy, or other rights of any third party.
• The Client's products, services, or business practices promoted or marketed through Bloom 360 LLC's services.
• Any misrepresentation made by the Client regarding their authority to enter into these Terms or provide the materials submitted to the Company.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the services provided, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days of written notice, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida, and the decision of the arbitrator shall be final and binding upon both parties.

Each party shall bear its own costs and attorneys' fees in connection with any dispute resolution proceedings, unless the arbitrator determines otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction when necessary to protect its intellectual property or confidential information.

15. Modifications to These Terms

Bloom 360 LLC reserves the right to update, modify, or revise these Terms at any time at its sole discretion. When material changes are made, we will update the "Last updated" date at the top of this page and, where practical, provide notice to active clients through email or through our website.

Continued use of our website or services after the effective date of any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates. If you disagree with any changes, you must discontinue use of our services and contact us to discuss the terms of your engagement.

16. General Provisions

• Entire Agreement: These Terms, together with any applicable service agreements, proposals, SOWs, and policies referenced herein, constitute the entire agreement between the parties and supersede all prior or contemporaneous oral or written agreements, representations, and understandings.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: The Client may not assign or transfer these Terms or any rights hereunder without the prior written consent of Bloom 360 LLC. The Company may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Independent Contractor: The relationship between Bloom 360 LLC and the Client is that of independent contractor. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between the parties.
• Notices: All formal notices required or permitted under these Terms shall be in writing and delivered via email to the addresses provided by each party. Notices to Bloom 360 LLC should be sent to info@bloom-360.com.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

We are committed to addressing your inquiries promptly and transparently. Response times are typically within one to two (1-2) business days.