Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and HOLLER BACK LLC, doing business as Holler-Back ("Company," "we," "us," or "our"), governing your access to and use of our services, website, and platform located at holler-back.com.

By accessing our website, signing a service agreement, submitting a contact form, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use our services.

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

02 Services Description

Holler-Back is a digital marketing agency specializing in growth solutions for home service contractors, including but not limited to HVAC, plumbing, roofing, electrical, and related trades. Our services include:

• Website Design & Development — Custom website builds, hosting setup, and domain management tailored to home service businesses.
• CRM Setup & Configuration — Implementation and configuration of customer relationship management platforms to streamline lead management and client communication.
• SMS & Email Automation — Design, setup, and deployment of automated messaging workflows for lead follow-up, appointment reminders, and customer retention.
• Review Management — Systems and workflows for requesting, monitoring, and responding to online customer reviews.
• AI Voice Agents — Configuration and deployment of AI-powered phone and voice systems for inbound lead handling and customer communication.
• Ongoing Marketing Management — Monthly retainer services covering campaign management, reporting, and strategy.

Specific deliverables, timelines, and pricing for each engagement are governed by the applicable service agreement or proposal executed between the Client and Holler-Back. These Terms apply to all engagements unless superseded by a separately executed written contract, in which case the written contract governs.

We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice to affected clients.

03 User Accounts & Responsibilities

Certain services may require you to create or be granted access to accounts on third-party platforms (e.g., CRM software, Google Business Profile, website hosting dashboards). You are responsible for:

• Maintaining the confidentiality of any login credentials provided to you or created on your behalf.
• All activity that occurs under your account credentials.
• Promptly notifying Holler-Back of any unauthorized access or suspected security breach.
• Providing accurate, current, and complete information when requested during onboarding or account setup.
• Ensuring that your use of our services complies with all applicable laws, regulations, and third-party platform terms of service.

You agree not to use our services to engage in any unlawful activity, transmit spam or unsolicited communications outside the scope of agreed campaigns, infringe upon the intellectual property rights of others, or interfere with the operation of our systems or those of our vendors.

You are responsible for obtaining all necessary consents from your own customers and contacts prior to Holler-Back deploying any communications (SMS, email, voice) on your behalf. You represent and warrant that all contact lists you provide comply with applicable law, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

04 Payment Terms

Payment terms are specified in the applicable service agreement or proposal. Unless otherwise agreed in writing:

• One-time setup fees are due prior to project commencement or as specified in the proposal.
• Monthly retainer fees are billed in advance on the first day of each billing cycle.
• Invoices are due within 15 days of the invoice date unless otherwise specified.
• Late payments may be subject to a late fee of 1.5% per month (18% per annum) on any outstanding balance.

Failure to pay invoices when due may result in suspension of services. Holler-Back reserves the right to pause or discontinue active campaigns, automations, or support until outstanding balances are resolved.

All fees are quoted and payable in U.S. dollars. Prices are subject to change with 30 days' written notice. Clients on month-to-month agreements may cancel before the next billing cycle to avoid future charges. Fees already paid are non-refundable except where expressly stated in a written service agreement.

In the event that Holler-Back incurs third-party costs on your behalf (e.g., advertising spend, software subscriptions, domain registrations), such costs shall be either pre-approved by you and invoiced separately or incorporated into agreed project budgets.

05 Intellectual Property

Client Content. You retain ownership of all content, logos, trademarks, images, and materials you provide to Holler-Back ("Client Content"). By providing Client Content, you grant Holler-Back a non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of delivering the agreed services.

Deliverables. Upon receipt of full payment for a project, Holler-Back assigns to you all ownership rights in custom deliverables created specifically for you (e.g., custom website design, unique written copy). This assignment does not include underlying frameworks, templates, tools, libraries, or proprietary systems developed by Holler-Back that may be incorporated into deliverables.

Holler-Back Property. All proprietary methodologies, templates, automation workflows, tools, software, training materials, and know-how developed or used by Holler-Back in the performance of services remain the exclusive property of Holler-Back. You receive a non-exclusive license to use such elements as incorporated into your deliverables for their intended purpose.

Portfolio Use. Unless you expressly request otherwise in writing, Holler-Back reserves the right to display your project, website, or results (e.g., growth metrics with your permission) in our portfolio and marketing materials.

06 SMS / Communication Consent

Consent to Receive SMS. When you submit your phone number through our website, a contact form, a chat widget, or any other intake mechanism managed by Holler-Back, you consent to receive text messages (SMS) from us or from the applicable client business for purposes including but not limited to:

• Responding to service inquiries or quote requests
• Appointment confirmations and reminders
• Follow-up communications related to services you have requested
• Promotional or marketing messages (where separately consented)

Message Frequency. Message frequency varies depending on the nature of the service and your interactions. You may receive multiple messages per week during active service periods.

Message & Data Rates. Message and data rates may apply. Standard carrier rates for SMS and data usage may be charged by your mobile carrier.

How to Opt Out. You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. You may also reply HELP for assistance. Upon receipt of a STOP message, we will send a one-time confirmation and you will be removed from further messaging.

Client Campaigns. Holler-Back operates SMS campaigns on behalf of home service clients. When you interact with a Holler-Back-managed contact form or chat widget for a client business, your consent to receive SMS is between you and that client business. Holler-Back acts as a service provider in that context. Opt-in data and consent records are maintained and are not sold or shared with unaffiliated third parties.

TCPA Compliance. Holler-Back is committed to compliance with the Telephone Consumer Protection Act (TCPA) and all applicable federal and state regulations governing electronic communications. Our clients are required to obtain proper consents from their contacts before deploying SMS campaigns through our platform.

Other Communications. By submitting a contact form on our website, you also consent to follow-up by email or phone in connection with your inquiry. You may opt out of email communications at any time by using the unsubscribe link in any email we send.

07 Limitation of Liability

To the maximum extent permitted by applicable law, Holler-Back, its members, managers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of our services or these Terms, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to Holler-Back in the three (3) months immediately preceding the event giving rise to the claim.

Holler-Back does not guarantee specific results, rankings, lead volumes, or revenue outcomes from our services. Digital marketing results depend on numerous factors outside our control, including market conditions, platform algorithm changes, and your business's ability to convert and fulfill leads. We make no representations or warranties that our services will achieve any particular outcome.

Our services may depend on or integrate with third-party platforms (e.g., Google, Meta, CRM providers, telephony services). Holler-Back is not responsible for outages, policy changes, or service interruptions caused by third parties.

08 Termination

Termination by Client. You may terminate your engagement with Holler-Back in accordance with the notice requirements specified in your service agreement. Month-to-month engagements generally require 30 days' written notice prior to the next billing cycle. Any fees already billed or owed through the termination date remain payable.

Termination by Holler-Back. We reserve the right to terminate or suspend your access to our services, with or without notice, if:

• You breach any provision of these Terms or your service agreement;
• You fail to pay any invoice when due;
• We reasonably determine that your use of our services violates applicable law or exposes Holler-Back to legal liability;
• We discontinue the relevant service offering.

Effect of Termination. Upon termination, Holler-Back will make reasonable efforts to provide you with copies of your data and deliverables as specified in your service agreement. Access to platforms, automations, and systems managed by Holler-Back on your behalf may be transferred or discontinued. Any licenses granted herein will terminate, except for licenses to use delivered work product that has been fully paid for.

Provisions of these Terms that by their nature should survive termination — including payment obligations, intellectual property rights, limitation of liability, and governing law — shall survive termination.

09 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Miller County, Missouri, and you hereby consent to personal jurisdiction and venue in such courts.

In the event of a dispute, the parties agree to attempt to resolve it in good faith through direct communication before initiating formal legal proceedings. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

10 Contact Information

If you have questions about these Terms of Service or wish to contact us regarding a legal matter, please reach out through any of the following channels:

• Legal Name: HOLLER BACK LLC (DBA Holler-Back)
• Mailing Address: 290 Quail Hollow Ave, Lake Ozark, MO 65049
• Email: hello@holler-back.com
• Phone: (573) 920-4160
• Website: https://holler-back.com

We will make reasonable efforts to respond to written inquiries within 5 business days.