Legal
Table of Contents
Please read these Terms and Conditions carefully before using the services of Timber Ridge Septic Marketing. By engaging our services, signing a service agreement, or permitting us to send communications on your behalf, you agree to be bound by these terms. If you do not agree, do not use our services.
These Terms and Conditions ("Terms") constitute a legally binding agreement between Timber Ridge Septic Marketing ("Company," "we," "us," or "our"), a marketing services business based in Rogersville, Hawkins County, Tennessee, and you ("Client," "you," or "your") — any individual or business entity that engages our services, accesses our systems, or communicates with us for the purposes of marketing services.
By signing a service agreement, submitting a contact form, providing a phone number or email address, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Timber Ridge Septic Marketing provides done-for-you marketing automation services exclusively to septic service companies, including but not limited to:
Our flagship product, The Retention Engine, is a pre-built automation system deployed within a dedicated GoHighLevel sub-account on behalf of each client. All services are delivered on a done-for-you basis — the Company operates and manages the system on the client's behalf.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active clients.
A2P 10DLC Compliance — Required by Federal Law
All SMS and MMS messaging conducted through our platform is governed by the TCPA (Telephone Consumer Protection Act), the CAN-SPAM Act, CTIA guidelines, and carrier A2P 10DLC registration requirements. By engaging our services, you authorize us to send text messages on your behalf to your existing customer contacts in compliance with all applicable regulations.
3.1 Client Consent Responsibility. The Client is solely responsible for ensuring that all contacts in their customer list have provided prior express written consent to receive marketing and transactional text messages. By providing us with a customer contact list, you represent and warrant that all contacts on that list have opted in to receive SMS communications from your business in accordance with applicable law.
3.2 Opt-Out Compliance. All SMS messages sent through our platform include opt-out language (e.g., "Reply STOP to unsubscribe"). We honor all opt-out requests immediately and maintain opt-out records. Clients must not attempt to re-engage opted-out contacts via SMS without renewed consent.
3.3 Message Frequency. Message frequency varies by campaign and client configuration. Clients will receive disclosure language appropriate to their campaign type. Standard retention campaigns typically send no more than 2–6 messages per month per contact.
3.4 Message and Data Rates. Standard message and data rates may apply to end recipients based on their mobile carrier plans. We are not responsible for carrier charges incurred by your customers.
3.5 Prohibited Content. The Client agrees that no SMS messages sent through our platform will contain: illegal content, harassment, hate speech, deceptive or misleading information, adult content, content promoting illegal goods or services, or any content that violates CTIA guidelines or carrier terms of service. We reserve the right to suspend messaging immediately if prohibited content is discovered.
3.6 A2P Brand and Campaign Registration. Each client sub-account is registered under the client's business identity for A2P 10DLC compliance purposes. The Client authorizes Timber Ridge Septic Marketing to submit brand and campaign registration information on their behalf. Clients must provide accurate business information for this registration. Inaccurate information that results in campaign suspension is the sole responsibility of the Client.
3.7 Short Message Service Costs. SMS and voice costs are usage-based and charged at prevailing LC Phone / Twilio rates. These costs may be included in the monthly retainer or billed separately as disclosed in your service agreement.
By engaging our services, the Client agrees to:
The Client acknowledges that the effectiveness of our services depends in part on the quality and accuracy of the customer data provided. The Company makes no guarantee of results based on incomplete, inaccurate, or non-consented contact lists.
5.1 Retainer Fees. Services are provided on a flat monthly retainer basis as specified in your individual service agreement. Retainer fees are due on the first of each month and are considered earned upon receipt.
5.2 Usage-Based Costs. SMS, voice, and any other usage-based costs that exceed what is included in your retainer, if applicable, will be billed separately and are due within 15 days of invoice.
5.3 Late Payments. Payments not received within 10 days of the due date may result in suspension of services. Payments more than 30 days overdue may result in termination of services and removal of the client's sub-account. We reserve the right to charge a late fee of 1.5% per month on outstanding balances.
5.4 Refunds. Due to the done-for-you nature of our services, monthly retainer fees are non-refundable once the billing period has commenced. Setup fees, if applicable, are non-refundable after onboarding has begun.
5.5 Price Changes. We reserve the right to adjust pricing with 30 days' written notice to active clients. Continued use of services after the effective date of a price change constitutes acceptance of the new pricing.
6.1 Company IP. The Retention Engine system, all automation workflows, campaign templates, messaging sequences, and proprietary processes developed by Timber Ridge Septic Marketing remain the exclusive intellectual property of the Company. Clients are granted a limited, non-exclusive, non-transferable license to use these systems solely for the purpose of their own business operations during the term of their service agreement.
6.2 Client Data. All customer contact data, business information, and content provided by the Client remains the property of the Client. We do not claim ownership of any client data.
6.3 Work Product. Any custom materials, copy, or workflows created specifically for a client and paid for as part of their service agreement are owned by the Client upon full payment.
6.4 No Reverse Engineering. Clients may not attempt to reverse engineer, copy, reproduce, or resell any of the Company's proprietary systems, workflows, or automation templates.
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By engaging our services you consent to the data practices described in our Privacy Policy.
7.1 Data Security. We implement reasonable technical and organizational measures to protect client data and end-customer data against unauthorized access, loss, or disclosure. However, no method of data transmission or storage is 100% secure, and we cannot guarantee absolute security.
7.2 Data Retention. We retain client data for the duration of the service agreement and for up to 12 months following termination, after which data is securely deleted unless otherwise required by law.
7.3 No Sale of Data. We do not sell, rent, or trade client data or end-customer data to third parties for marketing purposes.
7.4 Subprocessors. We use third-party platforms including GoHighLevel, Twilio/LC Phone, and related services to deliver our services. These platforms may process client and end-customer data as subprocessors. Clients acknowledge and consent to this processing as necessary to deliver the services.
8.1 No Guarantee of Results. We provide marketing automation services in good faith and with best-practice implementation. However, we make no guarantee of specific results including but not limited to: revenue increases, customer retention rates, review counts, or response rates. Marketing results are influenced by many factors outside our control including market conditions, competition, the client's service quality, and the health of the client's customer list.
8.2 As-Is Services. Our services are 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.
8.3 Third-Party Platforms. We are not responsible for outages, errors, pricing changes, or policy changes by third-party platforms including GoHighLevel, Twilio, Google, or any carrier. Service disruptions caused by third-party platforms do not constitute a breach of our service agreement.
8.4 Carrier Filtering. SMS deliverability is subject to carrier filtering policies outside our control. We implement all available best practices to maximize deliverability but cannot guarantee that all messages will be delivered.
To the fullest extent permitted by applicable law, Timber Ridge Septic Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages.
In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms or our services exceed the total amount paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Timber Ridge Septic Marketing, its owners, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
11.1 Termination by Client. Clients may terminate their service agreement with 30 days' written notice. All fees due through the end of the final billing period remain payable upon termination.
11.2 Termination by Company. We reserve the right to terminate services immediately and without notice if the Client: violates these Terms, engages in illegal activity, provides false information, fails to pay amounts due, or uses our services in a way that could expose us to legal liability.
11.3 Effect of Termination. Upon termination, we will cease all automated messaging on the client's behalf. The client's GoHighLevel sub-account will be archived or deleted within 30 days. The client may request an export of their contact data prior to deletion. Any licenses granted under these Terms terminate immediately upon termination of the service agreement.
11.4 Survival. Sections 6 (Intellectual Property), 7 (Data & Privacy), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Governing Law) survive termination of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our services shall first be subject to good-faith negotiation between the parties. If negotiation fails to resolve the dispute within 30 days, the parties agree to submit to binding arbitration in Hawkins County, Tennessee, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, for active clients, provide notice via email or through our client communications. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.
We encourage you to review these Terms periodically to stay informed of any updates.
If you have questions about these Terms and Conditions, please contact us:
Timber Ridge Septic Marketing
Business Name: Timber Ridge Septic Marketing
Location: Rogersville, Hawkins County, Tennessee
Website: timberridgesepticmarketing.com
Email: [[email protected]]
Phone: [+1 423-393-9423]