Terms of Service

Contents

Agreement to Terms

Our Services

SMS & Text Messaging

Privacy & Data

Payment & Fees

Acceptable Use

Intellectual Property

Limitation of Liability

Termination

Contact

01. Agreement to Terms

By accessing our website, contacting us, submitting any form, or engaging our services, you agree to be bound by these Terms of Service. These terms apply to all visitors, prospective clients, and clients of Thomas Consulting Company ("TCC," "we," "us," or "our").

If you do not agree to these terms, please discontinue your use of our services and website. We reserve the right to update these terms at any time. Continued engagement with TCC following any update constitutes acceptance of the revised terms.

02. Our Services

Thomas Consulting Company provides marketing services to businesses, including but not limited to: paid advertising management, website design, CRM setup and integration, AI-powered automations, and full marketing ecosystem development.

All services are delivered based on a mutually agreed scope of work documented in a separate service agreement or proposal. These Terms of Service govern the general relationship between TCC and any party who engages with us, and are supplemental to any specific service agreement in place.

TCC reserves the right to refuse service to anyone at its sole discretion.

03. SMS & Text Messaging

Thomas Consulting Company uses SMS (text messaging) to communicate with prospective and existing clients. This section governs how we use that channel and what you can expect from it.

Program Description: By providing your phone number and opting in, you consent to receive text messages from Thomas Consulting Company. These messages may include: initial outreach about our services, responses to your inquiries, appointment reminders, scheduling confirmations, and general business communications.

Message Frequency: Message frequency varies based on your level of engagement. You may receive multiple messages in a given period as part of an active conversation or follow-up sequence.

Rates: Message and data rates may apply. Check with your mobile carrier if you are unsure about your plan's SMS rates.

Opt-Out: You can stop receiving text messages from TCC at any time by replying STOP to any message we send. After opting out, you will receive one final confirmation message and no further texts.

Help: Reply HELP at any time to receive assistance or information about the messaging program.

Supported Carriers: Major US carriers are supported. TCC is not liable for delayed or undelivered messages.

Consent and Opt-In: We do not send unsolicited text messages to individuals who have not expressed interest in our services. Consent to receive SMS messages from TCC may be given by submitting a contact form, replying to an outreach message, verbally confirming during a phone call, or through any other method that clearly demonstrates your willingness to communicate via text.

No Sharing of Opt-In Data: Your phone number and SMS opt-in consent will not be shared with or sold to any third party for their own marketing purposes. Opt-in data is used solely for TCC's communications with you.

Quick reference:

Opt out anytime by replying STOP

Reply HELP for help or more information

Message and data rates may apply

Message frequency varies

Your opt-in data is never sold or shared with third parties

04. Privacy & Data

When you contact TCC, submit a form, or engage our services, we may collect information such as your name, phone number, email address, business name, and details about your marketing needs. This information is used to communicate with you, deliver our services, and improve our business operations.

We do not sell your personal information to third parties. We may share data with service providers who assist in operating our business (such as CRM platforms, scheduling tools, or communication software), only to the extent necessary to provide those services and subject to appropriate confidentiality obligations.

We take reasonable precautions to protect your data. However, no digital transmission or storage is 100% secure, and we cannot guarantee absolute security. By engaging with TCC, you acknowledge and accept this inherent risk.

You may request access to, correction of, or deletion of your personal information by contacting us directly at the address provided in Section 10.

05. Payment & Fees

All payment terms, fees, and billing arrangements are outlined in the individual service agreement or proposal provided to the client. No payment obligation exists until both parties have agreed in writing to a scope of work and associated fees.

TCC reserves the right to suspend or terminate services for non-payment. All fees paid are non-refundable unless otherwise specified in the applicable service agreement.

Clients are responsible for all third-party costs associated with their marketing campaigns, including but not limited to ad spend, software subscriptions, and platform fees, unless TCC has expressly agreed in writing to cover such costs.

06. Acceptable Use

You agree not to use TCC's website, communications channels, or services for any unlawful purpose or in any way that could harm TCC, its staff, or other parties. Prohibited conduct includes:

Providing false or misleading information to TCC

Attempting to disrupt or interfere with TCC's website or systems

Using TCC's services to promote illegal activity or content

Harassing, threatening, or abusing TCC personnel

Reverse engineering or copying TCC's proprietary systems or methods

TCC reserves the right to immediately terminate any engagement where a violation of these terms is found.

07. Intellectual Property

All content on TCC's website, including text, design, graphics, and branding, is the property of Thomas Consulting Company and protected by applicable intellectual property laws. You may not reproduce, copy, or use any portion of our website content without written permission.

Any deliverables created by TCC for a client, including ad copy, website designs, or automation frameworks, are owned by TCC until full payment is received. Upon receipt of payment as agreed, ownership of client-specific deliverables transfers to the client unless otherwise specified in the service agreement.

TCC retains the right to use generalized knowledge, methodologies, and systems developed during any engagement for future work with other clients.

08. Limitation of Liability

To the fullest extent permitted by applicable law, Thomas Consulting Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our services or website, including loss of revenue, loss of data, or business interruption.

Marketing results are inherently variable and influenced by factors outside TCC's control, including platform algorithm changes, market conditions, ad account policies, and competitive dynamics. TCC makes no guarantee of specific results, revenue, or return on ad spend. Any performance projections shared during the sales process are estimates only and are not contractual commitments.

TCC's total liability in connection with any claim related to our services will not exceed the total amount paid by the client to TCC in the three (3) months preceding the claim.

09. Termination

Either party may terminate a service engagement according to the terms outlined in the applicable service agreement. TCC reserves the right to terminate services immediately, without notice or refund, in cases of a material breach of these terms or the service agreement, non-payment, or conduct that threatens the integrity or reputation of TCC.

Upon termination, access to any TCC-managed accounts, platforms, or systems associated with the engagement will be handed off to the client within a reasonable timeframe, provided all outstanding balances have been settled.

10. Contact

If you have any questions about these Terms of Service, wish to opt out of communications, or need to raise a concern, please contact us directly:

Thomas Consulting Company Memphis, Tennessee, United States [email protected]

These Terms of Service are governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any disputes arising under these terms shall be resolved in the courts located in Shelby County, Tennessee.