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Terms & Conditions

Last Updated: January 7, 2026

1. Acceptance of Terms

By accessing or using the services provided by Plan Then Execute ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our services.

These Terms apply to all services offered by Plan Then Execute, including but not limited to marketing services, web design and development, SEO, Google Ads management, graphic design, automation, AI integration, consulting, and all other services described on our website at www.planthenexecute.com.

2. Services Provided

2.1 Scope of Services

Plan Then Execute provides comprehensive marketing and technology services for home service contractors, including:

Marketing Services:

  • Strategic lead generation

  • Google Local Services Ads (LSA)

  • Pay-per-click (PPC) advertising

  • Search Engine Optimization (SEO)

  • Google Business Profile optimization

  • Graphic design (logos, print marketing materials)

  • Yelp services (auto-responder, profile management)

  • Remarketing campaigns

  • Content creation

  • Brand strategy

Development Services:

  • Web design and development

  • Website optimization and maintenance

  • Custom application design and development

  • Automation and AI integration

  • Housecall Pro integration

  • Zoom Mass Downloader integration

Strategy and Consulting Services:

  • Growth and technology consulting

  • Process improvement strategy

  • Partnership and acquisition strategy

  • Talent acquisition strategy

  • CRM selection and implementation

  • Strategic planning

3. Client Responsibilities

3.1 Information and Materials

Clients must provide:

  • Accurate and complete information about their business

  • Timely access to necessary accounts, platforms, and systems

  • Required materials (logos, photos, content, login credentials)

  • Feedback and approvals within agreed-upon timeframes

  • Payment information and authorization

3.2 Cooperation

Clients agree to:

  • Respond to requests for information within a reasonable timeframe

  • Participate in scheduled meetings and calls

  • Review and approve deliverables promptly

  • Provide constructive feedback

  • Maintain open and professional communication

3.3 Compliance

Clients are responsible for ensuring their business operations, marketing materials, and claims comply with all applicable laws, regulations, and industry standards, including but not limited to:

  • Licensing and certification requirements

  • Advertising and marketing regulations

  • Consumer protection laws

  • Privacy laws and regulations

  • Employment laws

  • Industry-specific regulations

4. Payment Terms

4.1 Pricing

Service pricing is outlined in your Service Agreement, proposal, or invoice. Pricing may be structured as:

  • Fixed project fees

  • Monthly retainer fees

  • Hourly rates

  • Performance-based fees

  • Combination pricing models

4.2 Payment Schedule

Payment terms will be specified in your Service Agreement and may include:

  • Upfront deposits or setup fees

  • Monthly recurring payments

  • Milestone-based payments

  • Payment upon completion

  • Net 15, Net 30, or other payment terms

4.3 Late Payments

Late payments may result in:

  • Late fees of 1.5% per month (or the maximum allowed by law)

  • Suspension of services until payment is received

  • Termination of services

  • Collection actions

  • Additional fees and costs associated with collection efforts

4.4 Refunds

Refund policies vary by service type and will be specified in your Service Agreement. Generally:

  • Setup fees and deposits are non-refundable

  • Monthly retainer fees are non-refundable once the billing period has begun

  • Refunds for project-based work are evaluated on a case-by-case basis

  • Ad spend and third-party costs are non-refundable

4.5 Third-Party Costs

Clients are responsible for all third-party costs associated with their services, including but not limited to:

  • Advertising spend (Google Ads, Facebook Ads, etc.)

  • Platform fees (Google Local Services Ads, Yelp, etc.)

  • Domain registration and hosting fees

  • Software licenses and subscriptions

  • Stock photos, fonts, and other assets

  • Payment processing fees

5. Intellectual Property

5.1 Client-Owned Materials

You retain ownership of all materials you provide to us, including logos, photos, content, and other assets. You grant us a license to use these materials solely for providing services to you.

5.2 Company-Created Materials

Work product created by Plan Then Execute for you becomes your property upon full payment, subject to the following:

Owned by Client upon payment:

  • Custom website designs and code

  • Custom graphics and logos created specifically for you

  • Marketing materials created for your business

  • Strategy documents and plans

  • Custom applications and tools

Licensed to Client:

  • Third-party software, templates, or components

  • Stock photos, fonts, or assets

  • Pre-existing Company frameworks, processes, or methodologies

5.3 Company Portfolio Rights

We reserve the right to:

  • Display completed work in our portfolio

  • Use project details as case studies

  • Reference you as a client in marketing materials

  • Share project outcomes and results (anonymously or with permission)

You may request confidentiality for specific projects, which we will honor upon written agreement.

5.4 Company Intellectual Property

The Plan Then Execute name, logo, methodologies, processes, tools, and proprietary systems remain our exclusive property. You may not use, reproduce, or claim ownership of our intellectual property without written permission.

6. Confidentiality

6.1 Mutual Confidentiality

Both parties agree to keep confidential information private, including:

  • Business strategies and plans

  • Financial information

  • Customer data and lists

  • Proprietary processes and methodologies

  • Login credentials and access information

  • Any information marked as confidential

6.2 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of this agreement

  • Is independently developed without use of confidential information

  • Is rightfully received from a third party

  • Must be disclosed by law or court order

6.3 Data Security

We implement reasonable security measures to protect your information but cannot guarantee absolute security. You are responsible for maintaining the security of your own systems and credentials.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner

  • We have the right and authority to provide the services

  • Work will not infringe on third-party intellectual property rights (to the best of our knowledge)

7.2 Client Warranties

You warrant that:

  • You have the authority to enter into this agreement

  • Materials you provide do not infringe on third-party rights

  • Information you provide is accurate and complete

  • Your business operates legally and ethically

7.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.4 No Guarantee of Results

We do not guarantee specific results from our services, including but not limited to:

  • Specific rankings in search engines

  • Specific numbers of leads or customers

  • Specific revenue or profit increases

  • Specific website traffic levels

  • Specific conversion rates

  • Specific return on investment (ROI)

Marketing and business outcomes depend on many factors beyond our control, including market conditions, competition, your products and services, your team's execution, economic factors, and industry trends.

8. Limitation of Liability

8.1 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

8.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages

  • Lost profits, revenue, or business opportunities

  • Loss of data or business interruption

  • Cost of substitute services

  • Damage to reputation

  • Third-party claims

  • Damages beyond our reasonable control

8.3 Ad Account Issues

We are not liable for:

  • Account suspensions, bans, or policy violations on advertising platforms

  • Ad disapprovals or policy changes by third-party platforms

  • Budget overages or billing issues with third-party platforms

  • Technical issues or outages on third-party platforms

  • Changes to platform algorithms, policies, or features

8.4 Website and Technical Issues

We are not liable for:

  • Downtime or technical issues caused by hosting providers

  • Security breaches not caused by our negligence

  • Data loss not caused by our negligence

  • Browser compatibility issues beyond current standards

  • Third-party plugin or service failures

  • Force majeure events

9. Indemnification

9.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Plan Then Execute, its owners, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our services

  • Your breach of these Terms

  • Your violation of any laws or third-party rights

  • Content, materials, or information you provide

  • Your business operations and practices

  • Claims by your customers or third parties related to your business

9.2 Company Indemnification

We agree to indemnify you from claims that our work product directly infringes third-party intellectual property rights, provided you:

  • Notify us promptly of any such claims

  • Give us control over the defense and settlement

  • Cooperate with our defense efforts

10. Term and Termination

10.1 Service Term

The term of services begins when you accept our proposal or sign a Service Agreement and continues according to the terms specified (project completion, monthly renewal, or other agreed term).

10.2 Termination by Client

You may terminate services:

  • For project-based work: by providing written notice, subject to payment for work completed

  • For monthly services: by providing 30 days written notice before the next billing date

  • For cause: immediately if we materially breach these Terms and fail to cure within 15 days of notice

10.3 Termination by Company

We may terminate services:

  • For non-payment: immediately upon non-payment

  • For cause: immediately if you materially breach these Terms

  • For convenience: with 30 days written notice for monthly services

  • For safety: immediately if continuation poses legal, ethical, or safety concerns

10.4 Effect of Termination

Upon termination:

  • You must pay for all services rendered through the termination date

  • We will provide you with completed work products upon full payment

  • We may retain copies of work for our records

  • Ongoing obligations (confidentiality, payment, indemnification) survive termination

  • Access to accounts, platforms, and systems may be revoked

  • Monthly services are not prorated unless otherwise agreed

10.5 Post-Termination

After termination:

  • We are not obligated to maintain or support previous work

  • You are responsible for maintaining and hosting your own materials

  • We may remove work from our servers after a reasonable transition period

  • Any licenses granted to you continue according to their terms

11. Third-Party Services and Platforms

11.1 Third-Party Relationships

Our services often involve third-party platforms and services, including but not limited to:

  • Google (Ads, Analytics, Search Console, Local Services Ads, Business Profile)

  • Facebook and Meta platforms

  • Yelp

  • Hosting providers

  • CRM systems (Housecall Pro, etc.)

  • Marketing automation platforms

  • Payment processors

11.2 Platform Changes

Third-party platforms may change their:

  • Terms of service

  • Policies and guidelines

  • Features and functionality

  • Pricing

  • Algorithms

We are not responsible for such changes and cannot guarantee continuous functionality if platforms make changes beyond our control.

11.3 Platform Compliance

You are responsible for:

  • Complying with third-party platform terms of service

  • Maintaining accounts in good standing

  • Providing accurate information to platforms

  • Addressing policy violations promptly

11.4 Account Ownership

Unless otherwise agreed:

  • You own and control accounts created in your name

  • We may have administrative access to manage services

  • You are responsible for account security

  • We are not responsible for account suspensions or terminations by third parties

12. Website and Digital Services

12.1 Website Maintenance

For websites we design and develop:

  • Initial updates and bug fixes are included for a specified period

  • Ongoing maintenance and updates may require a separate maintenance agreement

  • We are not responsible for issues caused by client modifications

  • We are not responsible for third-party plugin or theme updates

12.2 Website Hosting

Unless we provide hosting services:

  • You are responsible for securing and maintaining hosting

  • You must ensure hosting meets technical requirements

  • We are not liable for hosting-related issues

  • Website performance depends on hosting quality

12.3 Content Management

You are responsible for creating, updating, and managing content unless we provide content services

  • We can train you on content management systems

  • Content updates may be billable depending on your service agreement

12.4 SEO Considerations

SEO results take time and cannot be guaranteed

  • SEO rankings depend on many factors beyond our control

  • Algorithm updates may impact rankings

  • Competitive actions may affect your positioning

  • Black-hat SEO tactics are never used and may result in penalties

13. Advertising Services

13.1 Ad Spend Management

For advertising services:

  • Ad spend budgets are determined by you

  • You authorize ad spend limits

  • We manage campaigns within authorized budgets

  • You are responsible for all ad spend charges

  • Ad platforms bill you directly or through us as your agent

13.2 Ad Platform Compliance

Ads must comply with platform policies

  • We make reasonable efforts to ensure compliance

  • You are ultimately responsible for ad content and claims

  • Platform policy violations may result in account suspension

  • We are not liable for policy violations or account issues

13.3 Ad Performance

Ad performance varies based on many factors

  • Past performance does not guarantee future results

  • Testing and optimization are ongoing processes

  • Market conditions affect ad performance

  • Competitive factors are beyond our control

14. Data and Analytics

14.1 Data Collection

We may collect and analyze data including:

  • Website analytics

  • Campaign performance metrics

  • Customer behavior data

  • Conversion tracking data

  • Platform insights and reports

14.2 Data Usage

We use data to:

  • Improve campaign performance

  • Provide reporting and insights

  • Optimize strategies

  • Demonstrate results

  • Develop case studies (with permission or anonymized)

14.3 Data Privacy

We comply with applicable privacy laws

  • Your website privacy policy governs your data collection

  • You are responsible for obtaining necessary user consents

  • We implement reasonable data security measures

15. Communication

15.1 Primary Communication

Communication will occur through:

  • Email

  • Phone calls

  • Video conferencing

  • Project management platforms (Slack, Trello, Notion, etc.)

  • Client portals

15.2 Response Times

We strive to respond to communications within:

  • Urgent issues: Within 24 business hours

  • Routine questions: Within 2-3 business days

  • Project updates: According to agreed schedule

15.3 Emergency Contact

For urgent issues outside business hours, emergency contact procedures will be provided when applicable.

16. Dispute Resolution

16.1 Good Faith Negotiation

If a dispute arises, both parties agree to first attempt resolution through good faith negotiation.

16.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing litigation.

16.3 Arbitration

If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

16.4 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

16.5 Venue

Any legal proceedings shall take place in Orange County, California.

16.6 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or collective proceedings.

17. General Provisions

17.1 Entire Agreement

These Terms, together with any Service Agreement or SOW, constitute the entire agreement between parties and supersede all prior agreements and understandings.

17.2 Amendments

We may update these Terms at any time. Continued use of services after changes constitutes acceptance. Material changes will be communicated via email or website notice.

17.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

17.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.5 Assignment

We may assign these Terms to any successor or affiliate. You may not assign without our written consent.

17.6 Independent Contractor

We are an independent contractor, not your employee, partner, or agent. We control how we perform services.

17.7 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, wars, pandemics, labor disputes, or government actions.

17.8 Notices

Notices must be in writing and sent to:
Plan Then Execute
Email: info@planthenexecute.com
Phone: (714) 386-8545

17.9 Survival

Provisions that by their nature should survive termination shall survive, including payment obligations, intellectual property provisions, confidentiality, indemnification, limitation of liability, and dispute resolution.

18. Industry-Specific Considerations

18.1 Home Service Contractors

For clients in the home service industry (HVAC, plumbing, electrical, etc.):

  • You are responsible for maintaining all necessary licenses and certifications

  • You must comply with all local, state, and federal regulations

  • Marketing claims must be accurate and substantiated

  • Customer testimonials and reviews must be genuine

  • Service guarantees and warranties must be honored

18.2 Regulated Industries

If your industry is subject to specific regulations (EPA, DOT, OSHA, etc.):

  • You are responsible for ensuring compliance

  • Marketing materials must adhere to industry regulations

  • We may require additional documentation or approvals

  • You indemnify us from regulatory violations on your part

19. Contact Information

For questions about these Terms or our services:

Plan Then Execute
Website: www.planthenexecute.com
Email: info@planthenexecute.com
Phone: (714) 386-8545

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Last Updated: January 7, 2026
Version: 1.0