Launch Point Terms & Conditions
Last updated: September 21, 2026
These Terms & Conditions (“Terms”) apply to all marketing services provided by Times Publishing Company d/b/a Launch Point (“Launch Point” or “the Agency”), to its clients (“Client”). Each engagement is defined by a signed quote, proposal, or Statement of Work (“SOW”). Together, the SOW and these Terms make up the full agreement between the parties.
1. Acceptance and Order of Precedence
Client accepts these Terms by signing or e-signing an SOW, paying an invoice or quote, or authorizing the Agency to begin work. If the SOW and these Terms conflict, the SOW controls on scope, fees, rates, and term. These Terms control on everything else.
2. Appointment and Relationship
Client appoints the Agency, and the Agency accepts the appointment, to perform marketing services on Client’s behalf. The Agency acts at all times as an independent contractor. Client understands that the Agency’s work is based on engagement, which can include meetings (in person and virtual), correspondence, project execution, project management, reporting, and travel time to attend engagements outside the Agency’s office.
3. Scope of Work and Change Orders
The SOW reflects a mutual understanding of the services that can reasonably be performed for the agreed investment. Services not explicitly listed in the SOW may be performed under a written change order or addendum, billed at the Agency’s standard hourly rates as stated in the SOW or provided on request.
If a project requires more hours than originally estimated, typically due to a change in scope, the Agency will notify Client of the additional cost and an updated completion date before proceeding.
4. Timelines and Client Responsibilities
The Agency will provide a delivery timeline upon signing. Client agrees to provide timely feedback, approvals, content, and account access needed to meet that timeline. All work in the SOW must be completed, or substantially completed, by the end of the term. The Agency has no obligation to deliver unfulfilled work after the term ends where the delay was caused by Client unresponsiveness, and outstanding fees remain Client’s responsibility.
5. Fees, Invoicing, and Payment
Retainer clients. Client will pay the monthly fee stated in the SOW for the number of months stated. Services that fall outside the SOW or exceed the retainer will incur additional fees.
Project clients. Client will pay according to the schedule in the SOW, such as a deposit on signing with the balance due on delivery, or milestone payments.
All invoices are due within thirty (30) days of the invoice date. Balances not paid within fifteen (15) days of the due date will incur a late fee of 1.5% per month (or the maximum rate allowed by law, if lower) on the unpaid amount. If an account is more than thirty (30) days past due, the Agency may pause all work until the account is current, and timelines will be adjusted accordingly. Client is responsible for reasonable costs of collecting past-due amounts, including attorney fees. If the Agency delivers all contracted project services for less than the agreed investment, the unused amount will be refunded or deducted from the final invoice.
6. Media and Advertising Spend
Media and ad spend is separate from Agency fees unless the SOW states otherwise. Spend may be paid directly by Client to the platform or billed through the Agency. Advertising platforms (such as Meta, Google, and others) are operated by third parties, and the Agency is not responsible for their policies, ad approvals or rejections, account restrictions, outages, or billing decisions.
7. Term, Cancellation, and Termination
Each engagement runs for the term stated in the SOW. Client may cancel for any reason by giving the Agency sixty (60) days’ written notice. Cancellation is effective once Client has paid for all services rendered through the cancellation date.
If the Agency determines that it cannot fulfill the SOW, or any part of it, the Agency will notify Client promptly in writing. In that case Client may cancel without the standard sixty-day notice, upon payment for all services rendered through the cancellation date.
8. Subcontractors
The Agency may engage subcontractors as needed to provide services and may assign work accordingly. The Agency remains responsible for work performed by its subcontractors.
9. Ownership of Deliverables
Upon full payment, Client receives unlimited access to, and reproduction rights for, all deliverables. Deliverables are finished work produced by the Agency for Client, including PDFs of printed pieces, logos, advertisements, rendered images, final HTML and other web documents, and approved copy.
Working files, including packaged source files for design projects, are available for a fee based on the size and nature of the request. The Agency will not release materials containing its trade secrets or proprietary tools and methods. Where work involves licensed software, fonts, or stock assets, Client’s rights extend only as far as the applicable license allows.
10. Materials and Warranties
The Agency represents and warrants that it owns or has lawful permission to use any text, graphics, photos, designs, trademarks, or other artwork it furnishes to Client, and will indemnify and defend Client against any claim arising from the use of those materials.
Client represents and warrants that it owns or has lawful permission to use any text, graphics, photos, designs, trademarks, or other artwork it furnishes to the Agency, and will indemnify and defend the Agency against any claim arising from the use of those materials.
11. Confidentiality
Each party will keep the other’s non-public business information confidential and use it only to perform the engagement. This includes pricing, strategy, customer data, performance data, and proprietary methods. This obligation does not apply to information that is public, already known to the receiving party, or required to be disclosed by law, and it survives the end of the engagement.
12. Legal Compliance and Data
Client is responsible for complying with all laws, taxes, and tariffs that apply to its business online and its electronic commerce, including the collection and transmission of visitor and customer data. Client will hold harmless and defend the Agency and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s electronic commerce activities.
13. No Guarantee of Results
The Agency will perform its services professionally and in line with industry standards. Because marketing performance depends on factors outside the Agency’s control, including markets, platforms, competition, and Client operations, the Agency does not guarantee specific outcomes such as leads, sales, rankings, reach, or return on ad spend.
14. Liability and Indemnification
Each party will indemnify the other against third-party claims arising from its own negligence, willful misconduct, or breach of this agreement. The Agency’s total liability is limited to the fees paid by Client in the twelve (12) months before the claim, except in cases of gross negligence, willful misconduct, or breach of confidentiality. Neither party is liable for indirect, incidental, or consequential damages.
15. Governing Law
This agreement is governed by the laws of the State of Florida, and any dispute will be brought in the state or federal courts located in Hillsborough County, Florida.
16. General
If any provision of this agreement is found unlawful, void, or unenforceable, that provision is severable and does not affect the rest. The SOW, any addenda, and these Terms are the entire understanding between the parties and supersede any prior agreement or understanding. The agreement may be amended only in writing signed by both parties.
17. Changes to These Terms
Launch Point may update these Terms from time to time. The version posted on the date Client signs an SOW governs that SOW. Updates apply to new SOWs and renewals.
Contact
Times Publishing Company d/b/a Launch Point
2109 E. Palm Ave., Suite 300-C, Tampa, FL 33605
Questions about these Terms can be sent to info@launchpointstrategy.com.