Blue Flamingo Creative – Terms of Service
Effective Date: January 1, 2026
These Terms of Service (“Terms”, “Agreement”) govern your purchase and use of services (“Services”) provided by Blue Flamingo Creative (“Blue Flamingo Creative,” “we,” “us,” “our”).
“You” and “your” refer to the client/customer and any authorized user of the Services.
By registering for an account, logging in, purchasing, accessing, or using any Services through our client portal or otherwise, you agree to be bound by this Agreement, our Privacy Policy, and our Acceptable Use Policy (collectively, the “Policies”), which are incorporated by reference.
If you do not agree to these Terms, do not use or purchase our Services.
1. Scope of Services
Blue Flamingo Creative provides professional digital services, which may include but are not limited to:
A. Web Hosting (Shared Hosting)
Standard Hosting – Ideal for small businesses and personal websites
Multi-Site Web Hosting – Ideal for small businesses or personal websites requiring up to three (3) domains with low traffic
Plus Hosting – Ideal for larger businesses and e-commerce websites
Hosting services are provided on a shared infrastructure. Performance, uptime, and availability may depend on third-party providers and upstream vendors.
B. Website Maintenance (“Website Upkeep” Plans)
Website Upkeep plans are designed to help keep your website live, secure, and maintained and may include, depending on the selected plan and scope:
Database maintenance
Site file maintenance
Encryption and security hardening
Server maintenance (as applicable to your hosting environment)
Web vulnerability scanning
Plugin compatibility planning
Website backups
SSL upkeep
PHP upkeep
Other business-critical site specifics as reasonably required
Website Upkeep does not guarantee uninterrupted service, immunity from hacking, malware, downtime, or third-party conflicts. Maintenance services reduce risk but do not eliminate it.
C. Marketing Services (Monthly Plans)
Starter Marketing Package
Instagram & Facebook management (2 posts per week)
One (1) branded email blast per month
Light content editing using client-provided assets
Monthly insights report
Growth Marketing Package
Includes Starter services, plus:
Meta Ads (Facebook & Instagram): 1–2 campaigns per month
Ad copywriting and ongoing optimization
Monthly ad budget guidance (client provides ad spend)
One (1) additional email blast per month
Pro Marketing Package
Includes Starter + Growth services, plus:
Google Search Ads setup and management
Local SEO keyword targeting
Monthly ad performance optimization
One (1) SEO blog post per month or one additional email blast
Marketing deliverables, platforms, and timelines may be further defined in your invoice, proposal, or scope of work (“SOW”). In the event of a conflict, the invoice or SOW controls.
2. Registration, Login & Account Access
Registration and login are handled through our client portal:
Registration: https://blueflamingocreative.com/clients/register.php
Login: https://blueflamingocreative.com/clients/index.php?rp=/login
You are responsible for maintaining the security of your login credentials. Any activity occurring under your account is deemed authorized by you.
3. 30-Day Cancellation Policy (Strictly Enforced)
ALL recurring services require a minimum of thirty (30) days’ written notice to cancel.
How to Cancel
Cancellation requests must be submitted:
Via support ticket through the client portal, or
In writing via email to create@blueflamingocreative.com
Timing
Cancellations submitted fewer than 30 days before the next billing cycle will result in one final billing cycle.
Services will remain active through the end of the paid period.
No Prorated Refunds
No prorated or partial refunds are issued for unused time, early termination, or prepaid services unless required by law or explicitly stated in writing.
4. Billing, Payments & Chargebacks
All fees are due as listed on invoices or during checkout.
Recurring services renew automatically unless cancelled per Section 3.
Late payments may result in suspension or termination of services after reasonable notice and in accordance with our automation, billing, and suspension policies.
Chargebacks
If you initiate a chargeback or payment reversal:
Services may be immediately suspended
You may be required to pay outstanding balances plus administrative and reinstatement fees
Access to hosting, websites, and data may be restricted until resolved
4A. Cross-Service Suspension
Failure to pay any invoice may result in suspension of the unpaid service. If non-payment continues and creates operational, security, or financial risk, Blue Flamingo Creative reserves the right, after reasonable notice, to suspend additional services associated with the account, including prepaid services, until the account is brought current.
5. Client Responsibilities
You are solely responsible for:
Maintaining independent backups of your website and data
Ensuring your content complies with all applicable laws and regulations
Providing timely approvals, credentials, and assets
Maintaining valid licenses for any third-party software not explicitly included in your plan, including obtaining independent licenses for any plugins, themes, or tools previously provided under a Website Upkeep plan once that plan is canceled or terminated.
Delays caused by missing information or approvals do not pause billing.
6. Marketing Services – No Guarantee of Results
Marketing performance depends on many external factors beyond our control.
Blue Flamingo Creative does not guarantee rankings, traffic, conversions, leads, revenue, or return on ad spend.
Advertising platforms (Meta, Google, etc.) operate independently and may change policies, pricing, or visibility at any time.
7. Website Maintenance Boundaries
Unless explicitly included in writing, Website Upkeep plans do not include:
Website redesigns or new page builds
Custom development or advanced troubleshooting
Emergency malware cleanup after compromise
Major performance overhauls
Content population beyond routine edits
Out-of-scope work may be quoted separately.
7A. Licensed Plugins & Third-Party Tools
Website Upkeep plans may include access to premium third-party plugins, themes, or tools licensed under Blue Flamingo Creative’s agency or developer accounts.
These licenses are provided solely while the Website Upkeep plan remains active. Upon cancellation, expiration, or termination of maintenance services, all such license keys must be removed, and the client is not permitted to continue using any plugins, themes, or tools licensed under Blue Flamingo Creative’s accounts.
This restriction applies regardless of hosting provider, server location, or migration of the website. Continued use requires the client to obtain and maintain their own licenses directly from the applicable vendors.
Suspension of Services
Marketing and maintenance services may be paused immediately upon non-payment. Hosting services are subject to suspension only as outlined in Section 4A and are not automatically suspended for non-payment of unrelated services unless continued non-payment creates operational, security, or financial risk.
8. Acceptable Use Policy
You may not use our Services for:
Spam, phishing, malware, hacking, or abuse
Illegal content or infringement of third-party rights
Activities that disrupt server or network stability
We reserve the right to suspend or terminate services to protect our systems and customers.
9. Intellectual Property & Portfolio Rights
You retain ownership of content you provide.
Upon full payment, you receive a non-exclusive license to use final deliverables.
Blue Flamingo Creative retains ownership of internal tools, processes, and templates.
We may display completed work in our portfolio unless confidentiality is requested in writing.
Unpaid work remains the property of Blue Flamingo Creative.
10. Limitation of Liability
Services are provided “AS IS” and “AS AVAILABLE.”
To the fullest extent permitted by law:
We disclaim all warranties, express or implied.
We are not liable for indirect, incidental, special, or consequential damages.
Our total liability shall not exceed the amount paid by you for the specific service during the three (3) months preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Blue Flamingo Creative from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:
Your content or business practices
Your violation of laws or third-party rights
Your misuse of the Services
12. Governing Law & Venue
This Agreement shall be governed by the laws of the State of Texas.
Any legal action must be brought exclusively in the state or federal courts located in Nueces County, Texas.
You waive the right to a jury trial to the fullest extent permitted by law.
13. Force Majeure
Neither party is liable for delays or failure to perform due to events beyond reasonable control, including natural disasters, outages, acts of God, war, terrorism, labor disputes, or platform failures.
14. Contact Information
Blue Flamingo Creative
Corpus Christi, TX 78418
United States
create@blueflamingocreative.com
15. Entire Agreement
These Terms, together with incorporated Policies and any written SOW or invoice, constitute the entire agreement between you and Blue Flamingo Creative and supersede all prior communications.