Terms & Conditions
Effective Date: April 4, 2026
Last Updated: October 21, 2026
Welcome to Food Co.
These Terms & Conditions govern your access to and use of the Food Co. website, services, and related communications. By accessing our website, submitting an inquiry, requesting a proposal, or engaging Food Co. for marketing or creative services, you agree to the terms outlined below, as applicable.
Please read these terms carefully. If you do not agree with these Terms & Conditions, please discontinue using our website and do not engage our services.
1. About Food Co.
Food Co. is a marketing and creative services business focused on helping food-related businesses improve their marketing, strengthen their brands, reach customers, and grow their businesses.
Our intended clients include, but are not limited to:
Independent and locally owned restaurants
Multi-location restaurants and restaurant groups
Cafes, bakeries, and coffee shops
Food trucks and mobile food vendors
Ghost kitchens and delivery-focused food businesses
Delis, markets, and grocery stores
Catering companies and food service providers
Packaged food brands and consumer food products
Other businesses operating within the food, hospitality, and culinary industries
Food Co. provides marketing, creative, digital, and strategic services based on each client's individual needs and agreed scope of work.
For purposes of these terms, "Food Co.," "we," "us," and "our" refer to Food Co. "You" and "your" refer to any individual or business accessing our website or engaging our services.
2. Use of Our Website
You may use our website to learn about Food Co., explore our services, review our portfolio, contact us, and request information about working together.
By using our website, you agree not to:
Use the website for unlawful purposes.
Attempt to gain unauthorized access to our website, systems, accounts, or data.
Interfere with the website's functionality, security, or availability.
Submit false, misleading, fraudulent, or unauthorized information.
Copy, reproduce, distribute, or exploit website content without permission.
Use automated tools to scrape, collect, or reproduce website content in violation of applicable law.
Upload or transmit malicious software, harmful code, or other disruptive material.
We reserve the right to restrict access to our website when reasonably necessary to protect its security, functionality, or legitimate business interests.
3. Our Services
Food Co. offers marketing and creative services that may include:
Social media marketing and account management
Digital marketing strategy and consulting
Search engine optimization (SEO)
Local search engine optimization and local visibility
Email marketing and campaign management
Influencer and creator partnerships
Content creation and creative direction
Food photography and videography
Graphic design and brand development
Menu design and marketing materials
Website design, development, and optimization
Digital advertising strategy and campaign management
Marketing analytics, reporting, and performance tracking
Promotional campaigns and marketing initiatives
Other related marketing, creative, and consulting services
The services available at any given time may change.
Not every service listed on our website is included in every engagement. The specific services, deliverables, fees, timelines, responsibilities, and other applicable conditions will be established through an accepted proposal, service agreement, statement of work, or other written agreement between Food Co. and the client.
If a separate written agreement conflicts with these Terms & Conditions, the separate agreement will control with respect to the conflicting provisions of that engagement.
4. Inquiries, Proposals, and Acceptance of Services
Submitting a contact form, requesting information, scheduling a consultation, or receiving a proposal does not automatically establish a client relationship.
Before work begins, Food Co. may require the client to approve a proposal, sign an agreement, pay an initial invoice or deposit, provide necessary materials, or complete other onboarding requirements.
A service engagement becomes binding when the parties accept the applicable agreement or proposal in accordance with its stated terms.
Food Co. reserves the right to decline a prospective engagement at its discretion, subject to applicable law and any existing contractual obligations.
5. Service Fees and Payment
Fees will be communicated through the applicable proposal, service agreement, invoice, or other written confirmation.
Depending on the engagement, pricing may be structured as:
Fixed project fees
Monthly service retainers
Hourly services
Prepaid blocks of service hours
Individual service packages
Campaign-specific fees
Other mutually agreed pricing arrangements
Unless otherwise specified in writing, all invoices are payable according to the payment terms stated on the applicable invoice or agreement.
The client is responsible for reviewing invoices and raising any billing questions promptly.
If a payment becomes overdue, Food Co. may, where permitted by the applicable agreement and law, suspend work or withhold further deliverables until the outstanding balance is resolved.
Any late fees, interest, collection costs, or other charges must be established in the applicable agreement and comply with applicable law.
Third-party expenses, including advertising spend, software subscriptions, influencer fees, printing, production costs, stock assets, and other external charges, are the client's responsibility when agreed to in advance or otherwise authorized under the applicable agreement.
Food Co. will not be responsible for third-party expenses that the client incurs independently.
6. Cancellations, Rescheduling, and Termination
Cancellation and termination rights depend on the applicable service agreement.
For ongoing services, the agreement should specify the required notice period, billing obligations, and the process for ending the engagement.
Unless the applicable agreement states otherwise:
The client remains responsible for fees for work performed and authorized expenses incurred through the effective termination date.
Any prepaid fees, deposits, or unused service hours will be handled according to the applicable agreement and applicable law.
Work in progress may be paused while outstanding payment or termination matters are resolved.
Any continuing obligations, including confidentiality, payment obligations, and intellectual property provisions, will survive termination to the extent specified in the agreement or required by law.
Neither party may terminate an engagement in a manner that violates its written agreement or applicable law.
7. Client Responsibilities
Successful marketing requires cooperation between Food Co. and the client.
Clients agree to provide accurate information, timely feedback, necessary approvals, and reasonable access to the accounts, systems, facilities, and materials required to perform the agreed services.
Client responsibilities may include:
Providing accurate business information, pricing, menus, operating hours, and product details.
Supplying approved logos, brand assets, photographs, videos, and other materials.
Obtaining necessary permissions for materials supplied to Food Co.
Providing authorized access to social media accounts, websites, analytics platforms, advertising accounts, and other relevant systems.
Reviewing content, campaigns, and deliverables within agreed timelines.
Ensuring that claims concerning food products, ingredients, allergens, nutrition, pricing, promotions, and business practices are accurate.
Obtaining required approvals for promotions, discounts, giveaways, contests, and other customer-facing offers.
Informing Food Co. of relevant legal, regulatory, licensing, or brand requirements.
Food Co. may rely on information and materials supplied by the client unless the parties expressly agree otherwise.
Delays in receiving materials, access, decisions, approvals, or payments may affect project schedules, campaign launches, and delivery dates.
8. Marketing Results and No Guarantee of Performance
Food Co. applies creative, strategic, and practical marketing methods intended to help clients improve their marketing and business performance.
However, we do not guarantee specific marketing results, revenue, profits, sales, customer acquisition, website traffic, search rankings, social media engagement, follower growth, reservations, foot traffic, or return on investment.
Marketing performance can be affected by factors beyond our control, including:
Market conditions and competition
Product quality and pricing
Customer demand and purchasing behavior
Client operations, staffing, and service quality
Advertising budgets and platform costs
Search engine algorithms and social media policies
Third-party platform functionality
Seasonal trends and economic conditions
The client's responsiveness and implementation of recommendations
Any projections, estimates, case studies, past results, or performance examples are illustrative and should not be interpreted as guarantees of future results.
Business outcomes depend on numerous variables, and individual client results may differ.
9. Third-Party Platforms and Services
Food Co. may use or work with third-party platforms and providers, including social media networks, search engines, website hosting services, email marketing platforms, analytics tools, advertising systems, payment processors, booking platforms, and other technology providers.
These services are operated by independent third parties and are subject to their own terms, policies, and privacy practices.
Food Co. does not control the availability, security, functionality, pricing, or policies of third-party services.
We are not responsible for third-party outages, account suspensions, algorithm changes, policy changes, data loss, service interruptions, or other events outside our reasonable control.
Where a client's account is affected by a third-party decision, Food Co. may provide reasonable assistance if included in the agreed scope of work, but we cannot guarantee a particular outcome.
Clients remain responsible for complying with the terms and policies applicable to their own accounts.
10. Advertising Budgets and External Costs
Unless expressly included in a written agreement, Food Co.'s service fees do not include advertising spend or third-party production and operational costs.
Advertising budgets, influencer payments, promotional expenses, media purchases, software subscriptions, printing costs, and similar expenses must be addressed in the applicable proposal or agreement.
The client must authorize applicable advertising budgets and external expenses before they are incurred on the client's behalf.
The client remains responsible for authorized expenses and any direct third-party charges associated with its accounts.
11. Intellectual Property
11.1 Food Co. Materials
Unless otherwise agreed in writing, Food Co. retains ownership of its pre-existing intellectual property, including its business name, logos, website content, proprietary processes, templates, frameworks, methods, internal systems, and general know-how.
Nothing in these terms transfers ownership of Food Co.'s pre-existing intellectual property to a client.
11.2 Client Materials
Clients retain ownership of materials they own and provide to Food Co., subject to any third-party rights or applicable licenses.
Clients grant Food Co. permission to use those materials as reasonably necessary to perform the agreed services.
Clients represent that they have the necessary rights, permissions, and authorizations for materials they supply or instruct Food Co. to use.
11.3 Custom Deliverables
Ownership and usage rights for custom deliverables created specifically for a client will be governed by the applicable service agreement.
That agreement should identify whether the client receives ownership, a license, or other usage rights and whether payment in full is required before those rights take effect.
Unless otherwise agreed in writing, Food Co. retains ownership of its underlying tools, methods, templates, reusable components, and pre-existing materials incorporated into or used to create deliverables.
11.4 Third-Party Materials
Photographs, fonts, music, stock images, software, plugins, and other third-party materials may be subject to separate license terms.
Neither Food Co. nor the client may use such materials beyond the rights granted by the relevant license.
The client is responsible for any additional licensing fees or usage restrictions disclosed in the applicable agreement.
12. Portfolio and Promotional Use
Food Co. may wish to display completed work in its portfolio, website, presentations, case studies, or promotional materials.
However, Food Co. will obtain the client's permission before publicly identifying the client or displaying nonpublic client work, confidential business information, or unpublished campaign materials, unless the applicable service agreement expressly provides otherwise.
Any permitted portfolio use remains subject to confidentiality obligations, third-party rights, and applicable law.
Clients may request reasonable restrictions on portfolio use as part of their written agreement.
13. Confidentiality
Each party may receive nonpublic business, financial, operational, marketing, customer, or other confidential information from the other party.
The receiving party agrees to use such information only for purposes related to the engagement and to take reasonable steps to prevent unauthorized disclosure.
Confidential information does not include information that:
Is publicly available through no breach of an obligation.
Was lawfully known to the receiving party before disclosure.
Is independently developed without using the confidential information.
Is lawfully received from another source without a confidentiality obligation.
Must be disclosed under applicable law or valid legal process.
Where legally permitted, a party required to disclose confidential information will provide reasonable notice to the other party.
Additional confidentiality obligations may be established in a separate written agreement.
14. Website Content and Accuracy
Food Co. makes reasonable efforts to provide accurate and current information on its website.
However, website content is provided for general informational purposes and may be updated, revised, or removed without notice.
Service descriptions, examples, pricing references, availability, and other website information do not constitute a binding offer unless expressly identified as such.
We do not warrant that all website content will always be complete, accurate, uninterrupted, or error-free.
15. Disclaimers
To the fullest extent permitted by law, the Food Co. website and its general informational content are provided on an "as is" and "as available" basis.
We disclaim warranties to the extent legally permitted, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
This section does not exclude warranties or rights that cannot legally be excluded, nor does it override express commitments contained in an applicable written service agreement.
Food Co. does not provide legal, tax, accounting, investment, or regulatory advice. Clients should consult appropriately qualified professionals when such advice is required.
16. Limitation of Liability
To the fullest extent permitted by applicable law, Food Co. will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to website use or the provision of services, including loss of profits, revenue, business opportunities, goodwill, or anticipated savings.
This limitation does not apply to liability that cannot legally be excluded or limited.
For paid client engagements, any monetary cap on liability should be established in the applicable service agreement and must comply with applicable law.
Nothing in these terms limits liability for fraud, willful misconduct, or any other matter for which liability cannot legally be limited.
17. Indemnification
To the extent permitted by applicable law, a client may be required under its separate service agreement to indemnify Food Co. against third-party claims arising from the client's unlawful conduct, infringement of third-party rights, unauthorized materials, or breach of the agreement.
Any indemnification obligation must be interpreted according to the applicable written agreement and applicable law.
Nothing in these terms requires a party to indemnify another party for liability to the extent caused by the other party's own conduct where such an obligation would be unlawful.
18. Privacy
Your use of our website and the information you provide to Food Co. are subject to our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose, and protect personal information and how you may exercise applicable privacy rights.
By using our website, you acknowledge that you have had an opportunity to review our Privacy Policy.
19. Changes to These Terms
Food Co. may update these Terms & Conditions from time to time.
When changes are made, we will update the "Last Updated" date at the top of this page.
Changes will apply prospectively from the stated effective date, except where applicable law requires otherwise.
For existing client engagements, any change that would materially alter an agreed contractual obligation will be handled in accordance with the applicable service agreement and law.
Your continued use of the website after revised terms become effective constitutes acceptance of the revised terms to the extent permitted by law.
20. Governing Law and Disputes
These Terms & Conditions are governed by the laws of the State of California, without regard to its conflict-of-law principles, except where applicable law requires otherwise.
Any dispute arising from website use or these terms will be handled by a court of competent jurisdiction, subject to applicable law and any separate written agreement between the parties.
Nothing in this section limits any nonwaivable rights or remedies available under applicable law.
21. Severability and Waiver
If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
A party's failure to enforce a provision does not constitute a waiver of its right to enforce that provision later.
22. Entire Agreement
These Terms & Conditions govern general website use.
They do not replace a separate proposal, service agreement, statement of work, or other contract governing a specific client engagement.
Where an applicable written agreement addresses a matter differently, that agreement will control for the relevant engagement to the extent of the conflict.
23. Contact Information
If you have questions about these Terms & Conditions, please contact Food Co. through the contact information provided on our website.
Food Co.
Website: https://www.foodco.marketing/
Business Address: 155 N. Riverview Dr., Anaheim, CA 92808