Legal Stuff

Terms of Service.

Last updated: May 2026

Welcome to Btch Agency. By accessing our website or engaging our services, you agree to these terms. We've written them to be clear and fair, because that's how we operate. Please read them fully. If something doesn't work for you, reach out before moving forward.

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01. About Us

Btch Agency ("we," "us," or "our") is a marketing and branding agency providing services including but not limited to brand strategy, growth marketing, social media management, systems and automation, content creation, SEO, paid advertising, and consulting. We operate at btchagency.com and serve clients across the United States, Latin America, and internationally.

These Terms of Service ("Terms") govern your use of our website and your engagement with our services. By using our website or signing a proposal or service agreement, you confirm you have read, understood, and agreed to these Terms.

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02. Services

The specific scope, deliverables, timelines, and pricing for any engagement are outlined in a separate Proposal or Service Agreement provided to each client. These Terms apply alongside that agreement and govern the overall relationship between Btch Agency and the client.

Services offered by Btch Agency include:

• Brand strategy and identity development
• Growth marketing and performance advertising (Meta, Google, TikTok, and others)
• Social media management and content creation
• Search engine optimization (SEO)
• Systems design and marketing automation
• Website strategy and design coordination
• Consulting and advisory services
• Email marketing and CRM setup

The scope of each engagement is unique. Timelines, deliverables, and processes are tailored to each client's specific needs, industry, and objectives. Nothing in these Terms implies a fixed turnaround or guaranteed output timeline unless explicitly stated in a signed agreement.

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03. Proposals and Agreements

All services begin with a written proposal or service agreement. This document outlines the project scope, deliverables, timeline estimates, payment terms, and any specific conditions. Work does not begin until a proposal has been accepted and any required deposit has been received.

Proposals are valid for 14 days from the date of issue unless otherwise stated. After that, pricing and availability may change.

By accepting a proposal (verbally, in writing, or by making a payment), the client agrees to the terms outlined in that proposal as well as these general Terms of Service.

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04. Timelines and Delivery

We work hard and we move with intention, but timelines depend on multiple factors including the complexity of the project, the service type, client feedback turnaround, and the availability of required materials or approvals.

Estimated timelines provided in proposals are good-faith estimates, not contractual guarantees, unless explicitly confirmed as fixed deadlines in a signed agreement.

Delays may occur due to:

• Late delivery of client materials (copy, images, brand assets, logins, approvals)
• Scope changes or additions requested mid-project
• Extended revision cycles beyond the agreed number
• Third-party platform delays or outages
• Circumstances outside our reasonable control

We will always communicate proactively if a timeline needs to shift. We ask the same of our clients.

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05. Client Responsibilities

Great results are a two-way street. To deliver the best possible work, we need the following from our clients:

• Timely provision of required materials, assets, access credentials, and approvals
• A designated point of contact who can make decisions on behalf of the business
• Clear and honest communication about goals, feedback, and any changes in direction
• Payment of invoices according to the agreed schedule
• Compliance with all applicable laws in relation to your business, products, and marketing

If client delays impact the project timeline or require us to reschedule work, Btch Agency reserves the right to adjust delivery timelines accordingly and cannot be held liable for resulting delays.

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06. Payment Terms

Payment terms are outlined in each proposal or service agreement. General terms are as follows:

• A deposit (typically 50%) is required before work begins on project-based engagements
• Retainer services are billed monthly, in advance, unless otherwise agreed
• Final payment is due upon project completion or as outlined in the agreement
• Invoices are due within 7 days of issue unless otherwise specified

Late payments may result in a pause of services. If an invoice remains unpaid for more than 14 days past the due date, Btch Agency reserves the right to suspend all active work until the account is brought current.

All payments are in USD unless otherwise agreed in writing. We do not begin work without a confirmed and received deposit.

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07. Revisions and Change Requests

Each project includes a set number of revision rounds as specified in the proposal. Revisions are defined as reasonable adjustments within the original agreed scope. They are not redesigns, restrategizations, or entirely new directions.

Revision rounds beyond what is included will be billed at our standard hourly or project rate, which will be communicated before work begins.

Scope changes, meaning additions or significant modifications to the original project brief, will be handled via a separate change order with updated pricing and timeline. No out-of-scope work begins without written approval from the client.

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08. Intellectual Property

Upon receipt of full and final payment, ownership of the final deliverables created specifically for the client transfers to the client. This includes logos, brand assets, copy, and other custom-created materials as outlined in the project agreement.

The following remain the property of Btch Agency at all times:

• Preliminary concepts, drafts, and work-in-progress materials not selected by the client
• Proprietary processes, frameworks, templates, and methodologies used in delivering services
• Any pre-existing intellectual property owned by Btch Agency prior to the engagement
• Third-party assets licensed for use in the project (fonts, stock imagery, software)

The client is responsible for ensuring they have rights to all materials they provide to Btch Agency (images, copy, trademarks, etc.). We are not liable for any intellectual property infringement resulting from client-supplied materials.

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09. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, financial information, client data, and internal processes.

Btch Agency will not share client information with third parties except as required to deliver the agreed services (e.g. platform partners, subcontractors under confidentiality agreements) or as required by law.

Clients agree not to share Btch Agency's internal processes, pricing structures, proprietary frameworks, or strategy documents with third parties without written consent.

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10. Portfolio and Case Studies

Unless the client requests otherwise in writing, Btch Agency reserves the right to reference the client relationship and use completed work as part of our portfolio, case studies, website, and marketing materials.

We will never disclose confidential metrics, financials, or internal information without explicit written approval from the client. If you'd prefer your project remain private, just let us know upfront and we'll include a confidentiality clause in your agreement.

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11. Results and Performance

We are a results-driven agency and we take our work seriously. That said, marketing outcomes are influenced by many variables outside our control, including market conditions, platform algorithm changes, budget levels, competitive landscape, and client-side execution.

Btch Agency does not guarantee specific results, rankings, follower counts, conversion rates, revenue figures, or return on ad spend unless explicitly stated in a signed performance agreement.

Any projections, forecasts, or estimates provided during the sales or onboarding process are based on experience and available data, and are not contractual commitments.

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12. Cancellation and Termination

Either party may terminate an engagement with written notice. The following conditions apply:

• Project-based work: if the client cancels after work has begun, the deposit is non-refundable. Any work completed beyond the deposit value will be invoiced and is due upon cancellation.
• Retainer services: either party may cancel with 30 days written notice. The final month's retainer is non-refundable if notice is given after the billing date.
• Btch Agency reserves the right to terminate an engagement immediately if the client engages in abusive behavior, fails to pay, or asks us to produce work that is unethical, illegal, or violates these Terms.

Upon termination, Btch Agency will deliver all completed and paid-for work. Work in progress at the time of termination will be delivered at our discretion once all outstanding invoices are settled.

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13. Refund Policy

Due to the nature of creative and strategic services, we do not offer refunds on completed work. If you are unhappy with a deliverable, we encourage open communication so we can address concerns through the revision process.

Deposits are non-refundable as they secure our time and resources for your project. Any exceptions are made at the sole discretion of Btch Agency and must be agreed to in writing.

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14. Limitation of Liability

To the fullest extent permitted by applicable law, Btch Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, loss of business, or reputational damage arising from or related to our services.

Our total liability to any client for any claim arising from or related to our services shall not exceed the total fees paid by that client in the three months preceding the claim.

We are not liable for outcomes resulting from client decisions made based on our recommendations, third-party platform changes, or factors outside our direct control.

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15. Third-Party Platforms and Tools

Many of our services involve working within third-party platforms such as Meta, Google, TikTok, Instagram, WordPress, and others. Btch Agency is not responsible for changes, outages, policy updates, account restrictions, or suspensions imposed by these platforms.

Ad account suspensions, organic reach changes, algorithm updates, or platform-side policy enforcement are outside our control and do not constitute a breach of our service agreement.

Ad spend budgets managed on behalf of clients are the client's financial responsibility. Btch Agency manages these budgets as a service but is not liable for platform charges, billing errors, or unauthorized charges made by third-party platforms.

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16. Website Use

By using btchagency.com, you agree not to:

• Use the site for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to any part of the site or its systems
• Reproduce, distribute, or commercially exploit any content from this site without written permission
• Use automated tools to scrape, crawl, or extract data from this site
• Submit false, misleading, or fraudulent information through any form on this site

We reserve the right to restrict or terminate access to this website for any user who violates these terms.

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17. Indemnification

You agree to indemnify, defend, and hold harmless Btch Agency, its team members, contractors, and affiliates from and against any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your breach of these Terms, or any materials you provide to us that infringe on third-party rights.

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18. Governing Law and Disputes

These Terms are governed by the laws of the United States. For clients based in Latin America, applicable local consumer protection and commercial laws also apply, including but not limited to Brazil's Código de Defesa do Consumidor, Colombia's Estatuto del Consumidor (Ley 1480), and Mexico's Ley Federal de Protección al Consumidor.

In the event of a dispute, both parties agree to first attempt resolution through good-faith communication. If a resolution cannot be reached within 30 days, disputes will be submitted to binding arbitration or the applicable courts in the jurisdiction where Btch Agency operates, depending on the nature and amount of the claim.

Nothing in this clause prevents either party from seeking emergency injunctive relief where appropriate.

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19. Changes to These Terms

We may update these Terms from time to time as our business evolves or as required by law. When we do, the "Last updated" date at the top of this page will change. Significant changes will be communicated via email or a notice on our website.

Continued use of our website or services after updated Terms are posted constitutes your acceptance of the revised Terms.

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20. Entire Agreement

These Terms, together with any signed proposal or service agreement, constitute the entire agreement between Btch Agency and the client. They supersede all prior discussions, representations, or agreements whether oral or written.

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

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