Please read these Terms of Service (“Terms”) carefully before using the website www.bayfielddigital.com or engaging Bayfield Digital for any services. By accessing our website or entering into a service agreement with Bayfield Digital, you agree to be bound by these Terms. If you do not agree, do not use our website or services.
1. About Bayfield Digital
Bayfield Digital is a sole proprietorship doing business under a Fictitious Business Name registered in the State of California. Bayfield Digital provides digital marketing, customer experience, marketing automation, reputation management, SMS and email communications, and related services to small service businesses.
Bayfield Digital offers productized and custom digital marketing services, which may include:
•Reputation management and automated review generation.
•Lead capture systems, web forms, chatbots, and AI voice reception.
•SMS and email marketing automation.
•CRM setup, pipeline management, and customer follow-up systems.
•Local SEO, website, and digital presence services.
•AI-powered customer communication tools.
The specific services provided to any client are governed by a separate service agreement, proposal, or order form. In the event of a conflict between these Terms and a signed service agreement, the service agreement controls.
3. Website Use and Acceptable Use
You agree to use www.bayfielddigital.com only for lawful purposes and in a manner consistent with these Terms. You agree not to:
•Use the website in any way that violates applicable federal, state, or local laws or regulations.
•Transmit any unsolicited or unauthorized advertising or promotional material.
•Attempt to gain unauthorized access to any portion of the website or its related systems.
•Engage in any conduct that restricts or inhibits any other person’s use of the website.
•Use any automated means to scrape, crawl, or extract data from the website without our express written permission.
We reserve the right to terminate access to the website for any user who violates these Terms.
4. SMS and Telephone Communications
Bayfield Digital operates SMS marketing and communication programs, both for its own marketing and on behalf of client businesses. The following terms apply to all SMS programs:
4.1 Consent to Receive SMS
By providing your mobile phone number and opting in to any SMS program operated by Bayfield Digital or a Bayfield Digital client, you consent to receive recurring automated text messages at the number provided. Consent is not a condition of purchase. Message frequency varies by program. Message and data rates may apply.
4.2 Opt-Out
You may opt out of any SMS program at any time by replying STOP to any message in that program. You will receive a single confirmation message confirming your opt-out. No further messages will be sent unless you re-subscribe by replying START.
4.3 Help
Reply HELP to any SMS message for assistance, or contact us at [email protected].
4.4 No Sharing of SMS Opt-In Data
Mobile phone numbers and opt-in consent data collected through SMS programs will not be shared with or sold to third parties for their own marketing purposes.
4.5 Toll-Free Number Use
Bayfield Digital uses verified toll-free telephone numbers for SMS communications. These numbers are registered and verified with carriers and comply with The Campaign Registry (TCR) standards and applicable CTIA guidelines. We maintain records of all opt-in consent as required.
4.6 Client SMS Programs
When Bayfield Digital operates SMS programs on behalf of a client business, the client is responsible for ensuring that its customer contact lists were lawfully obtained and that appropriate consent exists. Bayfield Digital will operate those programs in compliance with applicable laws and carrier requirements. Clients may not direct Bayfield Digital to send messages to contacts who have not provided proper consent.
5. Client Responsibilities
Clients who engage Bayfield Digital for services agree to:
•Provide accurate and complete information necessary for service delivery.
•Ensure that any customer contact lists, data, or materials provided to Bayfield Digital were lawfully collected and that appropriate permissions and consents are in place.
•Comply with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, California Consumer Privacy Act (CCPA), and applicable FCC and FTC regulations.
•Review and approve all materials, campaigns, and messaging before deployment where approval is requested.
•Pay all fees in accordance with the agreed service agreement or proposal.
Bayfield Digital is not responsible for outcomes resulting from inaccurate, incomplete, or unlawfully obtained client data.
6. Fees and Payment
Fees for services are set forth in the applicable service agreement, proposal, or order form. Unless otherwise specified:
•Setup fees are due upon execution of the service agreement and are non-refundable.
•Monthly recurring fees are billed in advance at the start of each billing cycle.
•Invoices are due upon receipt unless otherwise stated.
•Late payments may be subject to a late fee of 1.5% per month or the maximum permitted by law, whichever is less.
•Bayfield Digital reserves the right to suspend services for accounts that are more than 15 days past due.
7. Term and Termination
Services commence on the date specified in the service agreement and continue on a month-to-month basis unless otherwise agreed in writing.
Either party may terminate services with 30 days’ written notice. Bayfield Digital may terminate services immediately for:
•Non-payment.
•Material breach of these Terms or the service agreement.
•Conduct that violates applicable law or exposes Bayfield Digital to legal liability.
Upon termination, all fees owed through the termination date remain due. Setup fees and prepaid monthly fees are non-refundable unless otherwise agreed in writing.
8. Intellectual Property
All content on www.bayfielddigital.com, including text, graphics, logos, and software, is the property of Bayfield Digital or its licensors and is protected by applicable intellectual property laws.
Upon full payment of all fees, clients receive a limited, non-exclusive license to use the deliverables created specifically for them under their service agreement. Bayfield Digital retains ownership of all underlying tools, templates, workflows, automations, software configurations, and methodologies used to deliver services.
You may not reproduce, distribute, or create derivative works from any content on this website without our express written permission.
9. Confidentiality
Each party agrees to keep confidential any non-public, proprietary, or sensitive information disclosed by the other party in connection with services (“Confidential Information”). Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before disclosure; or (c) is independently developed without use of the other party’s Confidential Information.
Confidentiality obligations survive termination of the service relationship for a period of two (2) years.
10. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Bayfield Digital does not warrant that:
•Services will meet your specific business objectives or produce any particular result (such as a specific number of leads, reviews, or customers).
•Services will be uninterrupted, error-free, or completely secure.
•Third-party platforms (including GoHighLevel, Google, Facebook, or SMS carriers) will remain available or operate as expected.
Marketing outcomes depend on many factors outside Bayfield Digital’s control, including market conditions, business responsiveness, and third-party platform performance.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAYFIELD DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Bayfield Digital’s total liability to you for all claims arising from or related to the services exceed the total fees paid by you to Bayfield Digital in the three (3) months immediately preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Bayfield Digital and its owner, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
•Your breach of these Terms or any service agreement.
•Your use of the website or services in violation of applicable law.
•Any contact list or data you provide to Bayfield Digital that was not lawfully obtained or for which proper consent was not obtained.
•Any claim by a third party arising from SMS or email communications sent to your customers on your behalf.
13. TCPA and Regulatory Compliance
Both Bayfield Digital and its clients are independently responsible for complying with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable FCC regulations, CTIA guidelines, carrier codes of conduct, and all other applicable federal and state laws governing electronic marketing communications.
Clients acknowledge that TCPA violations can result in statutory damages of $500 to $1,500 per message. Clients agree that they bear responsibility for ensuring that proper consent exists for all contacts in lists provided to Bayfield Digital. Bayfield Digital will not send communications to individuals who have opted out or who are on applicable do-not-contact lists.
14. Third-Party Platforms and Services
Bayfield Digital’s services may depend on or integrate with third-party platforms including GoHighLevel, Google Business Profile, Meta (Facebook/Instagram), SMS carriers, and others. Bayfield Digital is not responsible for the availability, performance, policy changes, or actions of these third-party platforms. Changes to third-party platform policies may affect service capabilities.
Use of third-party platforms is subject to their own terms of service and privacy policies.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising from these Terms or the services shall first be subject to good-faith negotiation between the parties. If not resolved within 30 days, disputes shall be submitted to binding arbitration administered under the rules of the American Arbitration Association (AAA), with proceedings conducted in San Mateo County, California. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
YOU AND BAYFIELD DIGITAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION WITH RESPECT TO ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES.
16. Changes to These Terms
Bayfield Digital reserves the right to update or modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page. Your continued use of the website or services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
17. Severability and Entire Agreement
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 so that these Terms otherwise remain in full force and effect.
These Terms, together with any applicable service agreement or proposal, constitute the entire agreement between you and Bayfield Digital with respect to the subject matter herein, and supersede all prior agreements, representations, and understandings.
18. Contact Us
If you have questions about these Terms, please contact:
Bayfield Digital
Doing business in California under a Fictitious Business Name
