Terms and Conditions

We provide search engine optimization, AI search and answer engine optimization, Google Ads and Microsoft Ads management, Meta and social media advertising, social media management, email and SMS marketing, CRM setup and automation, AI chatbots and lead response systems, content and video production, web design and development, hosting and maintenance, and dedicated virtual assistant staffing. The exact scope, deliverables, timeline and fees for your engagement are defined in your proposal, service order, or written agreement, which forms part of these Terms. Where a signed agreement conflicts with these Terms, the signed agreement controls.

You remain responsible for your own business operations, licensing, lead handling and compliance with laws that apply to your industry.

Unless stated otherwise in writing, services are billed monthly in advance and recurring engagements renew automatically each billing period until cancelled. Setup fees, one-time projects and prepaid packages are billed as quoted. Advertising budgets (for example Google Ads or Meta Ads spend) are paid directly to the platform by you or billed separately and are not included in management fees unless specified.

Either party may cancel a recurring engagement by providing written notice at least thirty (30) days before the next billing date, unless your agreement specifies a minimum term. Fees for work already performed, campaigns already launched, ad spend already placed, and custom development already delivered are non-refundable. Prepaid packages may be credited toward remaining deliverables at our discretion. We will provide a reasonable handover of assets we produced for you, once all outstanding invoices are settled.

You retain ownership of your trademarks, brand assets, and the content you supply. Upon full payment, you receive a license to use the deliverables created specifically for your business, such as website pages, ad creatives, articles and campaign assets. We retain ownership of our underlying methods, processes, frameworks, templates, internal tools, scripts, AI prompts, dashboards and reusable code, and may reuse them for other clients. Neither party may use the other's marks outside the engagement without written permission, except that we may reference your business name and non-confidential results as a portfolio case study unless you ask us in writing not to.

Search engines, AI answer engines and advertising platforms independently control rankings, visibility, citations, approvals and costs. We apply best practices and 20 years of experience, but we do not and cannot guarantee specific rankings, traffic volumes, AI citations, lead counts, cost per lead, conversion rates, or revenue. Any figures, forecasts, benchmarks, or examples discussed are estimates based on prior experience and are not a promise of performance. Platform policy changes, algorithm updates, account suspensions, seasonality, competition and your own sales follow-up all affect outcomes.

The Services rely on third-party platforms including Google, Microsoft, Meta, TikTok, LinkedIn, Pinterest, X, YouTube, AI assistants, CRM and email/SMS providers, hosting companies and analytics tools. Their terms, policies, pricing, availability and data handling are outside our control, and we are not liable for their outages, policy enforcement, account suspensions, deliverability decisions, or price changes. You are responsible for complying with the platform terms applicable to your accounts, including advertising policies and messaging consent rules such as TCPA and CAN-SPAM for email and SMS campaigns.

We are a hybrid agency: seasoned human marketers direct the strategy, and AI systems assist with research, drafting, optimization, reporting and lead response. AI-generated output is reviewed by our team before publication, but AI can produce errors. You are responsible for final approval of published content, offers and claims for your business. Where we deploy AI chatbots or automated lead response on your behalf, you are responsible for the accuracy of the business information you provide and for any regulated disclosures your industry requires.

Each party agrees to protect the other's non-public business information, credentials, strategies, pricing and customer data, to use it only for delivering or receiving the Services, and to share it only with team members, contractors and service providers bound by comparable obligations. This obligation survives termination.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, lost data, or loss of goodwill, arising from the Services or your use of the website. Our total aggregate liability for any claim is limited to the fees you paid us for the Service giving rise to the claim during the three (3) months immediately preceding the event. The Services are provided "as is" and "as available" without warranties of any kind beyond those expressly stated.

You agree to indemnify and hold harmless Exclusive Web Marketing, its owners, employees and contractors from claims, damages, penalties and expenses arising from the content, products, services, offers or data you provide, your violation of law or platform policy, or your misuse of deliverables.

We may suspend or terminate Services if these Terms are violated, payments become overdue, required access or cooperation is not provided, or if the work requested would be unlawful, deceptive, or in breach of platform policy. Abusive conduct toward our team is grounds for immediate termination. Sections covering intellectual property, confidentiality, disclaimers, liability and indemnification survive termination.

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in New Jersey, and both parties consent to that jurisdiction. The parties will first attempt to resolve disputes in good faith through direct discussion.

We may update these Terms at any time. Updates are posted on this page with a revised date and take effect when posted. Continued use of the website or Services after an update constitutes acceptance.

Questions about these Terms? Contact Exclusive Web Marketing through our contact page and our team in New Jersey will respond promptly.