TERMS OF SERVICE

Last updated: June 24, 2026

Welcome to Thermal Digital. These Terms and Conditions ("Terms") govern your access to and use of our website, services, and any related communications. By engaging Thermal Digital, accessing our website, or submitting a form on our site, you agree to these Terms. If you do not agree, please do not use our services.

Thermal Digital ("we," "us," or "our") is a digital marketing agency based in Cicero, Illinois, serving painting contractors and trade businesses across the United States.

1. Services

Thermal Digital provides digital marketing services that may include logo and graphic design, website design and development, Google Ads, local SEO, paid social advertising, and software solutions. The specific services, deliverables, pricing, and timelines for your project will be described in the proposal, invoice, or written agreement provided to you ("Service Agreement"). If anything in these Terms conflicts with your Service Agreement, the Service Agreement controls for that engagement.

2. Payment Terms

Pricing, deposits, and recurring fees are set out in your proposal or invoice. Unless stated otherwise:

Project work generally requires a deposit before work begins, with the remaining balance due upon completion.

Recurring services (such as monthly maintenance, retainers, SEO, ad management, or automations) are billed on a monthly basis until cancelled in accordance with these Terms.

Payments are processed through our third-party payment provider. By providing payment information, you authorize us to charge the agreed amounts.

Late or failed payments may result in paused or suspended services until the balance is brought current.

Advertising spend (for example, Google Ads or Meta Ads budgets) is separate from our management fees and is billed directly to you by the relevant ad platform unless otherwise agreed in writing.

3. Client Responsibilities

To deliver our services on time, we rely on you to:

Provide accurate business information, content, images, logins, and other materials we reasonably request.

Respond to requests for feedback, approvals, and revisions in a timely manner.

Hold the rights to any content, images, trademarks, or materials you provide to us.

Delays in providing materials or feedback may extend project timelines, and we are not responsible for delays caused by missing or late client input.

4. Revisions and Approvals

The number of revisions included in your project is defined in your Service Agreement. Additional revisions beyond that scope may be subject to additional fees. Once you approve a deliverable or it goes live, that deliverable is considered accepted.

5. Ownership and Intellectual Property

Upon full payment, ownership of final, delivered project assets (such as your website design or logo) transfers to you, except for:

Third-party tools, software, plugins, fonts, stock assets, or platforms that remain owned by their respective providers and are licensed, not sold.

Pre-existing materials, templates, code, and processes developed by Thermal Digital, which remain our property and may be reused.

We may display completed work in our portfolio, testimonials, and marketing materials unless you request otherwise in writing.

6. Third-Party Services and Platforms

Our services may rely on third-party platforms for hosting, CRM, automations, payment processing, domains, and advertising. Your use of those platforms may be subject to their own terms. We are not responsible for outages, changes, pricing, or actions taken by third-party providers. If a recurring service is cancelled, access to tools or platforms provided as part of that service may end.

7. Marketing Results Disclaimer

We work hard to deliver effective marketing, but we do not guarantee specific results such as a set number of leads, rankings, sales, conversions, or revenue. Marketing performance depends on many factors outside our control, including market conditions, competition, your pricing, your responsiveness to leads, and platform algorithms. Nothing in our communications should be interpreted as a guarantee of results.

8. Cancellation and Refunds

Deposits are non-refundable once work has begun, as they reserve our time and cover initial work.

Recurring services may be cancelled with written notice as specified in your Service Agreement. Fees already billed for the current period are non-refundable, and cancellation takes effect at the end of the current billing cycle unless stated otherwise.

Completed and approved one-time project work is non-refundable.

9. Communications and SMS Consent

By providing your phone number and opting in, you may receive text messages from Thermal Digital. We offer two separate consent categories:

Non-marketing messages: appointment confirmations, appointment reminders, booking-related messages, service updates, and follow-up communications related to your request or scheduled service.

Marketing messages: promotional offers and updates about our services.

Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or reply HELP for assistance. Opting out of marketing messages does not affect non-marketing messages related to your active services. We do not sell or share your mobile information with third parties for their marketing purposes.

10. Confidentiality

Both parties agree to keep confidential any non-public business information shared during the engagement, including account credentials, strategies, and pricing, and to use it only for the purpose of delivering or receiving services.

11. Limitation of Liability

To the fullest extent permitted by law, Thermal Digital is not liable for any indirect, incidental, special, or consequential damages, including lost profits or lost business, arising from our services or these Terms. Our total liability for any claim is limited to the amount you paid to us for the specific service giving rise to the claim during the three months before the claim arose.

12. Termination

We may suspend or terminate services if you breach these Terms, fail to make payment, or engage in conduct that is unlawful or harmful. You may end recurring services as described in Section 8. Upon termination, any outstanding balances become immediately due.

13. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on our website with an updated date. Continued use of our services after changes are posted means you accept the updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes will be handled in the state or federal courts located in Illinois.

15. Contact Us

If you have questions about these Terms, contact us:

Thermal Digital

Cicero, IL

Phone: (708) 780-0807

Email: [email protected]

Website: thermal-digital.com

© 2026 Thermal Digital. All rights reserved.