TrendSpot Media - Terms Of Service
1. Services Provided
Trendspot Media ("Agency") provides digital marketing services including but not limited to: search engine optimization (SEO), Google Ads management, Facebook/Meta Ads management, email marketing campaigns, website design and development, analytics setup (Google Analytics), link building, social media management, and lead generation. The specific scope, deliverables, timelines, and key performance indicators (KPIs) are detailed in a separate written Statement of Work (SOW) or service agreement signed by both parties.
2. Client Responsibilities
Client agrees to:
Provide accurate business and account information.
Grant Agency necessary access to ad accounts (Google Ads, Facebook Ads Manager, Google Analytics, etc.).
Provide timely approvals for campaign materials, content, and strategy recommendations.
Comply with all applicable advertising platform policies (Google, Meta, etc.).
Disclose any legal, trademark, or copyright issues with provided content.
3. Fees and Payment Terms
Client will pay fees as outlined in the signed service agreement or SOW. Payment terms: invoices are due within 15 days of receipt. Late payments will accrue interest at 1.5% per month (18% annually). Agency reserves the right to suspend Services upon 30 days' notice of non-payment. All fees are exclusive of taxes and applicable state/local taxes will be added.
4. Refund Policy
Non-Refundable Fees: Costs directly paid to third-party advertising platforms (Google Ads spend, Facebook Ads spend, etc.) are non-refundable once committed.
Refundable Fees: For prepaid services not yet delivered or utilized (e.g., unused consulting hours, unexecuted campaign months), Client may request a refund within 30 days of request, and Agency will refund the unused portion within 14 days.
No refunds for services rendered, reported, or data/analytics delivered.
5. Intellectual Property
Pre-Existing IP: Agency retains all ownership of pre-existing tools, templates, methodologies, processes, and strategies developed prior to or outside this engagement.
Client Deliverables: Upon full payment, Client owns final deliverables created specifically for Client (website builds, campaign assets, written content).
Client Data & Branding: Client retains all ownership of its name, logo, content, customer data, and brand materials. Agency claims no ownership.
License to Agency: Client grants Agency a limited license to use Client materials solely to perform Services hereunder.
6. Data Processing and Privacy
Agency processes Client-provided personal data (leads, customer lists, analytics data) as a service provider under Client's instructions. Agency is responsible for data security using industry-standard encryption and access controls. See Agency Privacy Policy (below) for detailed data handling practices. Client remains the data controller and is responsible for obtaining necessary customer consents for data collection and usage.
7. Warranties and Limitations
No Guarantees: Agency does NOT guarantee specific search rankings, traffic numbers, or return on investment (ROI). Search engine algorithms, advertising platform algorithms, and market conditions are beyond Agency's control.
"As-Is" Services: Services are provided "as is" without warranty of any kind, express or implied.
Limitation of Liability: Agency's total liability for any claim arising from this Agreement is capped at the total fees paid by Client in the 12 months immediately preceding the claim. Client waives all claims exceeding this amount.
Excluded Damages: Neither party is liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to: lost profits, lost revenue, lost business opportunity, lost data, business interruption, reputational harm, or cost of substitute services—even if advised of the possibility of such damages.
8. Confidentiality
Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the engagement (e.g., Client's business strategies, financial data, Agency's proprietary methods). This obligation survives termination for 3 years.
9. Termination
Either party may terminate this Agreement with written notice of 30 days. Upon termination:
Client remains liable for all fees for Services rendered through the termination date.
Agency will provide a transition report of current campaign status and transfer/document any Client-owned assets (e.g., website code, campaigns, analytics access).
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Tennessee, without regard to conflicts of law. Venue for any disputes shall be in Hamilton County, Tennessee. Both parties agree to attempt good-faith negotiation before initiating legal proceedings.
11. Entire Agreement
This Terms of Service, together with any signed SOW or service agreement, constitutes the entire agreement between the parties. No prior understandings or agreements apply. Any amendments must be made in writing and signed by both parties.
12. Contact Information
For questions about these Terms, contact: [email protected]
