Terms and Conditions

Overview

This agreement is subject to the terms and conditions as outlined herein and does not cover any additional services not expressly stated.

The services provided are based on the current capabilities of the required tools and platforms and may change if the platforms' features and/or policies are altered.

The agreement is contingent upon the acceptance of current terms, conditions, and policies of all required tools and platforms.

Required Tools & Platforms

Ad campaigns may require the use of additional platforms, services, and tools depending on the marketing strategy, some of these include but are not limited to: autoresponders, chatbots, analytics tracking, SMS platforms, integrations (such as Zapier), CRMs, hosting platforms, domain platforms, widgets, and themes. 

Scope Of Services

Services are limited to those listed and do not include general marketing strategy or non-Facebook advertising platforms unless specified.

The provider is not responsible for the performance of services beyond the scope outlined in this agreement.

Any additional services requested by the client will be subject to separate negotiation and agreement.

Client Responsibilities

The client must provide all necessary information in a timely manner; failure to do so may impact the performance of the services.

The client must complete all necessary payments for required tools, platforms, and services in a timely manner; failure to do so may impact the performance of the services.

The client is responsible for the accuracy and legality of all content and information provided to the provider.

The client agrees to collaborate with the provider to achieve the desired results, understanding that the client's input is crucial to the success of the campaigns.

Performance Metrics

Performance metrics are goals and not guarantees; actual results may vary.

Metrics are based on data available from Facebook and integrated tools and platforms and are subject to the accuracy of each of their reporting tools.

Budget and Payment Terms

Payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in this agreement.

Budget overruns due to client-requested changes will be billed additionally.

The provider is not responsible for budget allocation decisions made by the client that may impact campaign performance.

Duration of Agreement

Early termination by the client may result in a cancellation fee as detailed in the agreement.

The provider reserves the right to terminate the agreement with 30 days notice if the client breaches any terms of this agreement.

Confidentiality

Both parties agree to keep the terms of this agreement and any proprietary information exchanged confidential.

The client's confidential information will not be shared with any third parties without consent, except as required by law.

The confidentiality obligations will survive the termination of this agreement.

Intellectual Property Rights

The client retains ownership of all pre-existing trademarks, copyrights, and other intellectual property provided for use in the campaigns.

The provider retains the right to use client-approved campaign materials for promotional purposes unless otherwise negotiated.

Any intellectual property developed by the provider in the course of executing the services remains the property of the provider.

Compliance and Legal Considerations

The provider is not responsible for legal compliance pertaining to the client's business practices.

The client is responsible for ensuring that their content complies with all applicable laws and regulations.

The provider will not be held liable for any legal issues arising from the client's content or business practices.

Cancellation and Termination

The client may cancel the services with written notice, subject to the terms of cancellation outlined in the agreement.

Termination does not absolve the client of any outstanding payments due to the provider.

Upon termination, the provider will cease all services and any outstanding campaigns will be concluded as per the terms of the agreement.

Liability and Indemnification

The provider's liability is limited to the amount paid by the client under this agreement.

Neither party will be liable for indirect, special, incidental, consequential, or punitive damages.

The client agrees to indemnify the provider against any claims arising from the client's use of the services.

Dispute Resolution

Any disputes arising from this agreement will be resolved through arbitration in accordance with the rules of the American Arbitration Association.

Both parties agree to bear their own costs in any dispute resolution proceedings.

The prevailing party in any dispute resolution will be entitled to recover reasonable attorney's fees.

Amendments and Modifications

Any changes to this agreement must be in writing and signed by both parties to be effective.

Verbal agreements or understandings will not be considered amendments to this contract.

Modifications made without adherence to this clause will not be considered valid.