Terms Of Service

Effective February 12th 2026


Acceptance of Terms


By agreeing to begin or continue services with Phoodie Media, the Customer ("you") acknowledges and agrees to be bound by the following terms and conditions. These terms constitute a binding agreement between you and Phoodie Media.


1. Scope of Services & Availability

Phoodie Media provides digital marketing services including Social Media Management, Website Maintenance, SEO, PPC Advertising, Content Creation, Google Business Profile (GBP) Management, and Email Marketing Services.

  • Business Hours: Standard operating hours are Monday – Friday, 9:00 AM – 5:00 PM.
  • After-Hours Support: Services requested or performed outside of these hours may incur an additional charge of $25.00 per hour.
  • Receiving Reports: Upon request, the Client may receive a quarterly Receiving Report detailing performance statistics. Additionally, Phoodie Media can assist in setting up direct access for the Client to view their raw data at any time.


2. Service-Specific Terms

Social Media Management (SMM)

  • Includes regular posting to Facebook, Instagram, LinkedIn, and TikTok.
  • Includes a 3-hour content shoot per quarter (unless otherwise specified).
  • Includes weekly management of direct messages and comments.
  • Account updates are performed upon request of the owner.
  • Continuous Management & Billing: In the event that a Client’s account runs out of postable content (e.g., due to delayed approvals or exhausted media), billing will continue as scheduled.


Email Marketing Services

  • Promotion Execution: Includes regular email marketing promotions on the platform of the Client’s choice.
  • Approval Process: Phoodie Media will not send any marketing emails without prior approval. The Client must review and approve all email drafts before deployment.


Photo & Video Production

  • Included Shoots: Content shoots of 3 hours or less are included in standard SMM packages.
  • Additional Shoots: Available for $400.00 (plus applicable sales tax).
  • Cancellation Policy: Cancellations with less than 90 minutes' notice will incur a $100.00 charge.
  • Turnaround Time: The photo editing process can take up to 10 business days.
  • Usage Rights: Photos sent in a "draft gallery" are for approval only. These are not for individual use or distribution as they are part of the exclusive social media services for Phoodie Media, unless a separate agreement is made.
  • Crowd Releases & On-Site Consent: Phoodie Media is not responsible for obtaining individual consent or privacy releases from the Client’s customers, guests, or patrons present during a shoot. It is the Client's sole responsibility to notify their customers that a content shoot is taking place and that they may be captured on video or photo.


Web, SEO, & Advertising

  • Website Management: Includes maintenance and client-submitted updates.
  • SEO: Includes Search Engine Optimization, SERP analysis, and "Power Publishes."
  • PPC: Includes Google and Meta ad management and implementation of agreed-upon ad spend.
  • Google Business Profile: Includes weekly review responses, photo uploads from recent shoots, and menu/link updates.


3. Third-Party Agreement

  • Coordination: Phoodie Media is not responsible for the direct coordination or logistics of third parties (Collaborators, Vendors, etc.).
  • Information Retrieval: Phoodie Media is authorized to retrieve necessary assets directly from vendors to perform the Scope of Services.
  • Final Decisions: The Client remains solely responsible for all direct communication and final business decisions regarding third-party entities.


4. Data Privacy & Ethics

  • Reselling Information: Phoodie Media will never resell any customer metrics, contact lists, or proprietary business information to third parties. All data remains confidential.


5. Client Responsibilities

  • Account Access: Client must provide necessary software access within 10 business days of start date.
  • Public Notification: The Client is responsible for informing customers that their business will be hosting a content shoot. This includes, but is not limited to, posting "Notice of Filming" signage at entrances or providing verbal notice. Phoodie Media is not liable for any claims arising from the inclusion of the Client’s patrons in captured media.
  • The 24-Hour Rule: Specific post requests must be submitted at least 24 hours before the desired launch.
  • Missed Deadlines: Failure to submit requests on time may result in the post not being published; the customer then assumes responsibility for posting that content.


6. Payment Terms

  • Billing: Monthly billing for subscription services; immediate billing for one-time services.
  • Refunds: No refunds are provided for work already performed.
  • Late Payments: Unpaid invoices result in an immediate halt of all services.


7. Intellectual Property

  • Portfolio Rights: Phoodie Media retains the right to showcase work in our portfolio, unless a specific NDA is provided.
  • Client Ownership: Upon final payment, final assets belong to the customer.


8. Termination & Cancellation

  • Notice Period: Termination must be provided in writing at least 30 days prior to your next billing date.
  • Kill Fee: If a project is cancelled mid-stream, the client owes the total for all work completed up to that date.


9. Limitation of Liability (Consequential Damages)

  • General: Phoodie Media is not liable for consequential, indirect, or incidental damages (loss of profits/data). Phoodie Media is not liable for any consequential, indirect, or incidental damages (such as loss of profits or data) arising from the use of our services. We are not responsible for performance issues caused by third-party platform (Meta, Google, TikTok) outages or algorithm changes.
  • Third-Party Platforms: We are not responsible for performance issues caused by outages or algorithm changes on Meta, Google, or TikTok.