Effective date: April 13, 2026. Last updated: April 13, 2026.
These Terms of Service ("Terms") govern your access to and use of bonsaimarketingcompany.com (the "Site") and any marketing services ("Services") provided by Bonsai Marketing Company ("Bonsai Marketing," "we," "us," or "our"). By accessing the Site, submitting a form, engaging us by phone or SMS, or signing a proposal, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use the Site or engage our Services.
2. The Services
Bonsai Marketing provides digital marketing services including, without limitation, local SEO, Google Business Profile management, paid advertising, content creation, AI visibility optimization, and website development. Specific scope, deliverables, timelines, and fees are set forth in a separate written proposal or statement of work ("SOW") signed by both parties; where these Terms and a SOW conflict, the SOW controls.
3. Your Account and Information
You agree to provide accurate, current, and complete information when submitting forms or engaging our Services, and to keep that information updated. You are responsible for maintaining the confidentiality of any credentials (Google Ads, GBP, hosting, etc.) you share with us and for all activity on accounts you control.
4. Acceptable Use
You agree not to:
- Use the Site or Services for any unlawful purpose or in violation of these Terms
- Send spam, unsolicited commercial communications, or content that violates the CAN-SPAM Act or TCPA
- Reverse-engineer, scrape, or attempt to gain unauthorized access to any part of the Site or our infrastructure
- Interfere with, disrupt, or overload the Site
- Impersonate any person or misrepresent your affiliation with any person or entity
5. Fees and Payment
Services are billed according to the SOW. Unless otherwise specified, monthly retainers are due in advance on the 1st of each month, and project work is billed 50% at signing and 50% on delivery. Invoices not paid within fifteen (15) days are considered past due and may accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is lower. We may suspend Services for any account more than thirty (30) days past due.
6. Intellectual Property
The Site's content, design, branding, and code are owned by Bonsai Marketing or our licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers ownership to you.
For client work: upon final payment, the client receives a perpetual, non-exclusive license to use deliverables produced for them. Bonsai Marketing retains rights to its underlying methodologies, templates, and tools, and may reference the client's name, logo, and published URL in our portfolio unless the client has a signed NDA.
7. Content You Submit
If you submit content to us (briefs, assets, copy, credentials), you represent that you have the rights to do so and grant us a limited license to use that content solely to deliver the Services. You retain ownership of your content.
8. SMS / Text Messaging Terms (TCPA Compliance)
Bonsai Marketing operates an opt-in SMS program. By providing your mobile number and expressly consenting (via form checkbox or equivalent), you agree to these SMS-specific terms:
- Consent is required and voluntary. Consent to receive SMS is not a condition of purchasing any good or service.
- Program description. Messages may include appointment reminders, service updates, proposal notifications, or — only if you separately opt in — marketing communications.
- Message frequency. Frequency varies. You will not receive more than occasional, relevant messages.
- Message and data rates may apply. Rates depend on your carrier plan; Bonsai Marketing does not charge for the SMS messages themselves.
- Opt out anytime. Reply STOP to any message to cancel; you will receive one confirmation and no further messages unless you re-opt in. You can also email fikeshway@bonsaimarketingcompany.com with the subject "STOP SMS."
- Help. Reply HELP for assistance, or call (707) 593-7539.
- Supported carriers. Participating carriers include AT&T, T-Mobile, Verizon, US Cellular, and most major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
- Privacy. Mobile opt-in data and phone numbers are not sold, rented, or shared with third parties for their marketing purposes. See our Privacy Policy for details.
- Age. You must be 18 or older to consent to receive SMS.
9. Cookies, Pixels, and Retargeting
The Site uses cookies and pixels — including Google Analytics, Google Ads, and AdRoll — to measure performance and deliver retargeted advertising on third-party sites. You may opt out of interest-based advertising via the methods described in our Privacy Policy. Continued use of the Site constitutes consent to these technologies as described in the Privacy Policy, subject to applicable law.
10. Third-Party Links and Services
The Site may contain links to third-party sites (clients, partners, platforms). We do not control, endorse, or assume responsibility for third-party content or practices. Accessing third-party sites is at your own risk.
11. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONSAI MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT SPECIFIC RANKINGS, TRAFFIC VOLUMES, LEAD COUNTS, OR REVENUE OUTCOMES. SEARCH-ENGINE ALGORITHMS, AD PLATFORMS, AND CONSUMER BEHAVIOR ARE OUTSIDE OUR CONTROL.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONSAI MARKETING'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO BONSAI MARKETING IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to defend, indemnify, and hold harmless Bonsai Marketing and its owners, employees, and contractors from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Site or Services, (b) your breach of these Terms, or (c) content or credentials you provide to us.
14. Termination
You may stop using the Site at any time. Client engagements are terminable under the terms of the applicable SOW. We may suspend or terminate your access to the Site at any time, with or without notice, for conduct that violates these Terms or is harmful to us or any third party.
15. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Sonoma County, California, and you consent to the jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. The "Effective date" at the top reflects the most recent version. Material changes will be noted on the Site. Continued use of the Site after changes constitutes acceptance.
17. Contact
- Email: fikeshway@bonsaimarketingcompany.com
- Phone: (707) 593-7539
- Mail: Bonsai Marketing Company, 1275 4th St #5102, Santa Rosa, CA 95404
These Terms are a template reflecting common industry practice and applicable law. They are not legal advice. Please consult a licensed attorney for guidance specific to your situation.