Terms & Conditions

Last Updated: January 2026

Welcome to Spark Interactive (“Spark Interactive,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website and general services. By using this website or engaging with Spark Interactive, you agree to these Terms.

If you do not agree, please do not use our website or Services.

1. About Spark Interactive

Spark Interactive is a full-service marketing and creative agency providing services that may include, but are not limited to:

  • Marketing strategy and consulting
  • Website design and development
  • Video production and storytelling
  • Direct mail and print marketing
  • Digital marketing, SEO, and reputation management
  • CRM, messaging, and AI-powered customer engagement tools

Specific services, deliverables, pricing, timelines, and obligations are governed by written proposals, service agreements, or statements of work (“Client Agreements”).

2. Website Use

You agree to use this website for lawful purposes only. You may not:

  • Attempt to gain unauthorized access to the website or systems
  • Disrupt or interfere with site security or functionality
  • Copy, scrape, or reuse content without permission

We reserve the right to suspend or terminate access for misuse or violations of these Terms.

3. Client Agreements Control

If you engage Spark Interactive for paid services, those services are governed by a separate Client Agreement.

In the event of any conflict between these website Terms and a Client Agreement, the Client Agreement shall control.

These website Terms are intended to supplement—not replace—executed service agreements.

4. Scope of Services & Revisions

All services are limited to the scope outlined in an approved Client Agreement.

  • Requests outside of scope may require additional fees
  • Project timelines are estimates and may change based on feedback, approvals, or unforeseen factors
  • Unless otherwise stated, services typically include two (2) rounds of revisions

Additional revisions, changes, or rework may be billed separately.

5. Client Responsibilities & Approvals

Clients agree to:

  • Provide timely access to materials, assets, feedback, and approvals
  • Review all proofs carefully, including spelling, URLs, phone numbers, data, and factual details

Once a client provides final approval, Spark Interactive is not responsible for errors or omissions in the approved materials.

Delays in client responses may impact project timelines and delivery dates.

6. Payments, Fees & Refunds

Payment terms are defined in Client Agreements. In general:

  • A valid payment method is required before work begins
  • Invoices may be billed automatically per agreed terms
  • Late payments may result in paused work or suspended services

Production costs, direct mail, printing, postage, advertising spend, retainers, and third-party fees are non-refundable once incurred.

7. Intellectual Property & Ownership

Unless otherwise stated in writing:

  • Clients own final deliverables upon full payment
  • Spark Interactive retains ownership of proprietary tools, processes, templates, and methodologies
  • Drafts, unused concepts, raw files, or working materials are not included unless specified

Spark Interactive reserves the right to display completed work in portfolios, case studies, and marketing materials unless otherwise agreed in writing.

8. Third-Party Services

Some services rely on third-party platforms, vendors, or tools (e.g., hosting providers, CRMs, AI tools, ad platforms, print vendors).

Spark Interactive is not responsible for outages, policy changes, errors, or performance issues caused by third-party services outside our control.

9. No Guarantees

Marketing outcomes depend on many factors beyond our control.

While Spark Interactive applies proven strategies and best practices, we do not guarantee specific results, including revenue increases, lead volume, conversions, rankings, or performance outcomes unless explicitly stated in writing.

All services are provided “as is” and “as available.”

10. Limitation of Liability

To the fullest extent permitted by law, Spark Interactive shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of this website or our Services.

Our total liability for any claim related to services shall not exceed the amount paid to Spark Interactive by the client in the three (3) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Spark Interactive, its owners, employees, and partners from any claims, damages, or expenses arising from:

  • Your misuse of the website or Services
  • Your violation of these Terms or a Client Agreement
  • Materials you provide that infringe third-party rights

12. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or strategic information shared during the course of a business relationship, except where disclosure is required by law.

13. Termination

Spark Interactive reserves the right to refuse or terminate website access or services for violations of these Terms, non-payment, or misuse.

Termination of paid services is governed by the applicable Client Agreement.

14. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Colorado.

15. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of the website or Services constitutes acceptance of the updated Terms.

16. Contact Information

Spark Interactive
1824 Woodmoor Dr. Suite 203-A
Monument, CO 80132
Phone: 805-695-3606
Website: https://www.sparkinteractive.com

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