These Terms of Service govern the services provided by Sparks South, a sole proprietorship owned and operated by Nathan Sparks in Birmingham, Alabama ("Sparks South," "we," "us"). By purchasing or using our services, you ("Client," "you") agree to these terms.
1. Services
Sparks South provides digital marketing and web services to small businesses. Depending on the plan purchased, services may include:
- Website design, rebuild, hosting, and ongoing maintenance
- Google Business Profile setup, optimization, posting, and review response
- Monthly content creation, including service pages, location pages, and FAQs
- Missed-call text-back configuration
- Domain, hosting, and business email management
- Monthly performance reporting
The specific services included in your engagement are those listed in the plan you purchase and any written scope of work we agree to. All services are performed remotely and delivered digitally. No physical goods are sold or shipped.
2. Fees and billing
Monthly retainer plans are billed in advance on a recurring basis beginning on the date of your first payment, and renew automatically each month until cancelled. One-time projects are billed as a single payment, due before work begins unless we agree otherwise in writing.
Current pricing is published on our website. We may change pricing for future billing periods with at least 30 days' written notice. Your rate will not change mid-term without your agreement.
Payments are processed by Stripe. We do not store your card details.
There is no long-term contract. Plans are month-to-month and you may cancel at any time under Section 3.
3. Cancellation
You may cancel a monthly plan at any time by emailing ncs800.2@gmail.com. Cancellation takes effect at the end of your current billing period. You keep access to services already paid for through that date, and you will not be billed again.
We may cancel or decline to continue an engagement with 30 days' notice, or immediately if you materially breach these terms or ask us to do something unlawful or against a platform's rules. If we cancel without cause, we refund any unused prepaid portion.
4. What we need from you
To do this work we need access and input from you. You agree to provide, in a reasonable timeframe:
- Access to the accounts we need to manage — Google Business Profile, domain registrar, hosting, and website admin, as applicable
- Business information, photos, and materials we ask for
- Timely responses to approval requests
We may pause work if we cannot get access or a response needed to continue. Billing continues during a pause caused by lack of access, since the plan remains available to you.
You confirm that any content you give us — text, photos, logos, testimonials — is yours to use, or that you have permission to use it.
5. Ownership
You own your business content, your domain, your Google Business Profile, and your customer data. Always. Nothing here transfers those to us.
When you have paid for a website or content deliverable in full, you own it. On cancellation we will hand over your site files and transfer or release the accounts we manage on your behalf, at no additional charge.
We keep ownership of our own internal templates, checklists, and processes, and may reuse them for other clients.
Unless you tell us otherwise in writing, we may reference your business name and show public examples of work we did for you in our portfolio.
6. Results
We do not guarantee rankings, traffic, call volume, or revenue. Search engines and review platforms control their own algorithms and policies and change them without notice. Anyone who promises you a specific Google ranking is either guessing or misleading you.
What we do commit to is the work itself: performing the services in your plan competently, on the schedule described, and telling you honestly what is and isn't working.
7. Third-party platforms
Our work involves platforms we don't control, including Google, Stripe, your web host, and your domain registrar. We follow their published rules. We are not responsible for outages, policy changes, account suspensions, or actions taken by those platforms, though we will help you respond to them.
8. Confidentiality
We treat non-public information you share with us — account credentials, financials, customer lists, business plans — as confidential, and we will not disclose it to anyone else except as needed to perform the services or as required by law. This survives the end of our engagement.
9. Limitation of liability
To the fullest extent allowed by Alabama law, our total liability arising from these terms or the services is limited to the amount you paid us in the three months before the claim arose. We are not liable for indirect, incidental, or consequential damages, including lost profits or lost business, even if we were told they were possible.
Nothing here limits liability for fraud, willful misconduct, or anything that cannot be limited by law.
10. Governing law and disputes
These terms are governed by the laws of the State of Alabama, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Jefferson County, Alabama, and both parties consent to that jurisdiction.
Before filing anything, both parties agree to first try to resolve the dispute directly, in good faith, for at least 30 days. Most problems are a conversation, not a lawsuit.
11. Changes to these terms
We may update these terms. If a change materially affects an active client, we will email you at least 30 days before it takes effect. Continuing to use the services after that means you accept the change. The "last updated" date at the top always reflects the current version.
12. Contact
Sparks South
Birmingham, Alabama
ncs800.2@gmail.com
(205) 582-8817