These Terms of Service (“Terms”) govern the business relationship between Digital Marketing Concern (“Company,” “we,” “us”) and you (“Client,” “you”). By signing a service agreement, making payment, or otherwise engaging our services, you accept these Terms in full.
1 Acceptance of Terms
By accessing our website at digitalmarketingconcern.com or engaging our digital marketing services, you confirm that you are at least 18 years of age, have the legal authority to enter into a binding agreement on behalf of your business, and agree to be bound by these Terms of Service.
If you do not agree with any part of these Terms, you must not use our services or website.
2 Services Provided
Digital Marketing Concern provides B2B digital marketing services to home service contractors, healthcare professionals, and legal professionals in Texas and surrounding markets. Our services include, but are not limited to:
- Google Ads campaign management (Search, Display, Local Service Ads)
- Meta/Facebook and Instagram Ads management
- Local SEO and Google Business Profile optimization
- Lead generation strategy and implementation
- Landing page design and conversion optimization
- Marketing analytics setup (Google Analytics 4, Google Tag Manager)
- Content creation and marketing strategy
The specific scope of services for each client is defined in an individual Service Agreement or Statement of Work (SOW). In the event of a conflict between these Terms and a signed SOW, the SOW takes precedence.
3 Client Obligations
To allow us to deliver effective services, you agree to:
- Provide timely access to necessary accounts, including Google Ads, Meta Business Manager, Google Analytics, and website admin access
- Supply accurate and truthful information about your business, services, and target market
- Review and approve ad creatives, landing pages, and campaign content within agreed timelines (typically 48–72 hours)
- Promptly notify us of any changes to your business operations, service areas, or offers that may affect campaigns
- Ensure your business complies with all applicable laws, industry regulations, and platform advertising policies
- Designate a primary point of contact for communications and approvals
Delays caused by client non-responsiveness or failure to provide required access may affect campaign launch timelines and performance. Digital Marketing Concern is not liable for delays resulting from client-side inaction.
4 Fees & Payment Terms
Management Fees
Our management fees are separate from advertising spend (media budget) and cover strategy, campaign setup, ongoing optimization, and reporting. Fees are outlined in your individual Service Agreement.
Payment Schedule
- Management fees are billed monthly, in advance, on the 1st of each month or on the contract start date
- Invoices are due within 7 calendar days of the invoice date
- Setup fees (if applicable) are due prior to campaign launch
- Accepted payment methods: ACH bank transfer, credit card, or other methods agreed in writing
Late Payments
- Invoices not paid within 7 days are considered past due
- A late fee of 1.5% per month may be applied to outstanding balances
- Campaigns may be paused if payment is overdue by more than 14 days
- Client remains liable for all fees incurred during a paused period if caused by non-payment
All fees are quoted in U.S. dollars (USD). Digital Marketing Concern reserves the right to revise service fees with 30 days written notice.
5 Advertising Spend & Budgets
Advertising spend (also referred to as “media budget”) is separate from management fees and is paid directly by the Client to the respective advertising platform (Google, Meta/Facebook, etc.).
- We will recommend a minimum monthly ad spend based on your goals, industry, and market
- Ad spend must be loaded onto your platform accounts before campaigns can run
- We are not responsible for charges incurred directly by advertising platforms
- Budget adjustments require written approval from the Client and may take 24–48 hours to implement
- Unused ad spend credits on platforms are subject to each platform’s own refund policies, which are outside our control
6 Results & Performance
Digital Marketing Concern applies industry best practices, data-driven strategies, and professional expertise to every campaign. However, we make no guarantee of specific results, including but not limited to:
- A specific number of leads, calls, or conversions
- A specific return on ad spend (ROAS) or return on investment (ROI)
- Specific search engine rankings or organic traffic levels
- A specific cost-per-lead or cost-per-acquisition
Campaign performance is influenced by many external factors including market competition, seasonality, ad platform algorithm changes, client website quality, and response time to leads. We will provide regular reporting and proactive optimization to maximize performance.
No ethical digital marketing agency can legally guarantee specific advertising results. Be cautious of any agency that does. We guarantee our effort, expertise, and transparency — not outcomes we cannot control.
7 Intellectual Property
Work Product Ownership
Upon receipt of full payment for services rendered, work product created specifically for your campaigns — including ad copy, landing page content, and creative assets — becomes your property. General frameworks, templates, processes, and proprietary tools remain the intellectual property of Digital Marketing Concern.
Client-Provided Materials
You grant Digital Marketing Concern a non-exclusive license to use your logos, brand assets, photos, and content for the purpose of delivering the contracted services. You warrant that you have the rights to all materials you provide to us.
Platform Accounts
All advertising accounts created under your business name belong to you. We request only the access level necessary to manage your campaigns. Upon termination, we will remove our access within 5 business days upon request.
8 Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information shared during the engagement, including but not limited to business strategies, pricing, customer data, and campaign performance metrics.
- Neither party will disclose confidential information to third parties without written consent
- Confidentiality obligations survive termination of the service agreement for a period of two (2) years
- This section does not apply to information that is publicly available or required to be disclosed by law
9 Term & Termination
Contract Term
Service agreements typically have an initial term of 3 months to allow sufficient time for campaign learning, optimization, and performance measurement. The specific term is defined in your Service Agreement.
Cancellation
- Either party may terminate services with 30 days written notice after the initial contract term
- Early termination during the initial term may result in an early termination fee as specified in your Service Agreement
- All outstanding invoices must be settled before or at the time of termination
- Digital Marketing Concern reserves the right to terminate services immediately for non-payment or violation of these Terms
Post-Termination
Upon termination, we will hand over all client-owned assets, account access, and campaign data within 10 business days of the final invoice being settled.
10 Limitation of Liability
To the fullest extent permitted by law, Digital Marketing Concern’s total cumulative liability to you for any claims arising out of or related to our services shall not exceed the total fees paid to us in the three (3) months preceding the claim.
In no event shall Digital Marketing Concern be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or goodwill
- Damage caused by third-party platform policy changes (Google, Meta, etc.)
- Service interruptions or outages caused by advertising platforms
- Damage resulting from unauthorized access to your accounts by third parties
11 Indemnification
You agree to indemnify, defend, and hold harmless Digital Marketing Concern, its officers, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your violation of these Terms or any applicable law
- Your advertising content or business practices that violate platform policies
- Any claims by third parties related to your products, services, or business operations
- False, inaccurate, or misleading information you provided to us
12 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Fort Bend County, Texas.
Before initiating any legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.
13 Contact Us
If you have questions about these Terms of Service or wish to discuss your service agreement, please contact us:
- Business: Digital Marketing Concern
- Address: 1522 Bellwood Lake Dr, Richmond, TX 77406
- Email: info@digitalmarketingconcern.com
- Phone: (336) 899-6476
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