Terms & Conditions – Monthly Digital Marketing
Online Advertising and Marketing Services:
Leoserv Inc., headquartered in Houston, TX, specializes in online advertising and marketing services aimed at enhancing business visibility and engagement on the web. By engaging our services, you (Client) agree to the Terms and Service Agreement (Agreement) outlined below. Should you have any questions or require assistance, please do not hesitate to contact us. Leoserv Inc. provides social media marketing, search engine marketing, website optimization, and related services on a local, national, and international basis. In providing these services, we submit information on your behalf to various social media sites and search engine providers. These providers may include, but are not limited to: Facebook, LinkedIn, Instagram, Google, Yahoo, MSN/Bing, Yelp, local online newspapers, Twitter, Pinterest, YouTube, and others. It is important to note that the terms and conditions of these providers all apply. Leoserv Inc. undertakes not to share your information with any third party except in the course of securing online advertising and marketing services on your behalf.
Advertising Material:
Leoserv Inc. has the right to place information related to your business on social media, publisher, and search provider websites, as specified above. You authorize Leoserv Inc. to develop content based on information or material provided by you or your designees. This may include written content, graphics, logos, trademarks, endorsements, photographs, videos, etc. Furthermore, you represent that the material and information you provide to Leoserv Inc. is truthful and not misleading. Leoserv Inc. will seek your approval before publishing articles, press releases, or blog postings. Timely approval is essential for campaign performance, and unless requested edits or communication are received from the client, all monthly content will be considered approved one week after submission.
Client’s Obligations:
The Client agrees to provide necessary assistance, technical information, and decisions to Leoserv Inc. in a timely manner to facilitate marketing efforts. This includes granting access to relevant accounts and platforms required for executing marketing strategies. The Client shall ensure the accuracy of all information provided to Leoserv Inc. and warrants that their employees assisting in marketing efforts possess the necessary skills and authority. Additionally, providing login information and passwords to access social media, analytics, hosting, domains, and other third-party accounts is essential for Leoserv Inc. to carry out marketing efforts.
Rates:
All marketing services purchased will be at the rates and on the terms indicated in this Agreement. Leoserv Inc. may, at its discretion, modify rates, product/service offerings, or service terms. Any changes will be communicated to the Client in writing 30-90 days prior to the effective date. If the Client decides to cancel the Agreement due to such changes, written notice must be provided at least 10 days prior to the changes taking effect.
Payment:
Invoices will be issued by Leoserv Inc., and payment is due on the 1st of each month via ACH or credit card. Failure to make timely payments may result in late fees or suspension of services. Client agrees to pay all expenses incurred by Leoserv Inc. to collect any amounts payable under this Agreement.
Taxes:
Client assumes responsibility for any applicable federal, state, or local taxes related to advertising material or services provided by Leoserv Inc.
Termination:
Leoserv Inc. may reject any marketing services and/or terminate this Agreement if the Client fails to make payment when due, breaches any provisions of the Agreement, or if the Client’s credit is impaired. Client remains liable for unpaid balances on products/services purchased. If this Agreement is terminated for any reason, Client agrees to promptly pay any outstanding balances.
Cancellation:
Client may cancel services with 30-90 days written notice, provided that all outstanding invoices are paid, along with a cancellation fee equal to one month’s service fees. Upon cancellation, all original items created for the client will be transferred as agreed. Additional fees may apply for assistance during the transition process.
Errors: The Client may not claim a breach, terminate, or cancel this Agreement due to typographical errors, incorrect ad placements, underdeliveries, omissions, or errors in advertising, social media, and website content provided by Leoserv Inc. Leoserv Inc. agrees to take corrective action within two (2) business days of notification by the Client of such errors. This corrective action shall pertain to the portion of the advertising, website, or social media content rendered valueless by said errors, unless they arose due to the Client’s error or omission, or after the content had been approved by the Client or submitted after the start date. Leoserv Inc. shall not be liable to the Client for any loss or damage resulting from such errors, including typographical errors, incorrect ad placements, underdeliveries, omissions, or errors related to the products and services provided.
Retainer Clients: If the Client is on a monthly marketing retainer, the maximum number of monthly services provided will be outlined in the Agreement. Leoserv Inc. endeavors to utilize the maximum allotted services per month. If all services are not utilized due to factors such as awaiting content or approvals from the Client or deferring services, the Client is still responsible for the monthly payment. Unused services may be discussed for optimization in subsequent months. If the Client exceeds the maximum number of services in a month, Leoserv Inc. may, at its discretion, either reduce the Client’s bank of services for the upcoming month or bill the Client at the rate of an upgraded package.
SEO/Digital Marketing: The Client acknowledges the following regarding SEO services from Leoserv Inc.: Leoserv Inc. has no control over search engine policies and ranking algorithms. Websites may be excluded from search engines’ listings at any time. Leoserv Inc. does not guarantee No.1 positions or consistent top positions for any keyword, phrase, or search term. New websites may experience delays in ranking due to search engine policies. Leoserv Inc. assumes no liability for ranking, traffic, or indexing issues related to such delays. The Client understands that rankings can fluctuate due to various factors, including changes in algorithms and competitor efforts. Leoserv Inc. does not guarantee specific outcomes, and past performance is not indicative of future results. The Client also acknowledges similar terms regarding Pay-Per-Click (PPC)/Paid Social Media Campaigns/Paid Search Services.
Intellectual Property Rights: All advertising artwork and copy created by Leoserv Inc. remains its property unless specifically transferred to the Client upon final approval and payment. The Client cannot authorize reproductions of Leoserv Inc.’s advertising copy without payment for creative services. Logos, website, and social media content become the Client’s property upon final approval and payment.
Advertising Content: Leoserv Inc. reserves the right to edit, alter, omit, reject, or cancel any of the Client’s digital advertising products or services to meet industry standards within the Client’s budget. Placement requests may not always be met and will not constitute grounds for adjustment, refund, or termination of the Agreement.
Disclaimer of Warranties: Leoserv Inc. and its suppliers disclaim all warranties not expressly set forth in the Agreement, including implied warranties of merchantability and fitness for a particular purpose.
Indemnity: The Client agrees to indemnify Leoserv Inc. against claims arising from the use of materials furnished by the Client or related to business ideas, innovations, concepts, websites, and web-based applications developed by Leoserv Inc. at the Client’s request.
Limitation of Liability: Leoserv Inc. shall not be liable for any direct, special, indirect, or consequential damages exceeding the compensation paid by the Client for its products or services.
Excusable Delays: Leoserv Inc. shall not be liable for damages related to delays or failures to perform due to causes beyond its control.
No Waiver: Leoserv Inc.’s failure to enforce any provision of the Agreement shall not constitute a waiver of its rights to enforce such provision in the future.
Assignment: Leoserv Inc. may assign, delegate, or subcontract any rights or obligations under the Agreement.
Governing Law/Venue: The Agreement shall be governed by the internal laws of the State of Texas, and any disputes shall be resolved in Harris County, Texas.
Severability: If any provision of the Agreement is invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Miscellaneous: All covenants and agreements of the parties shall survive termination of the Agreement. The Agreement constitutes the entire agreement between the parties and may only be amended in writing. The person(s) signing the Agreement certifies their authority to do so on behalf of their respective company.
Execution and Term: The Agreement becomes effective upon signing/payment and continues until the Client decides to terminate the service, in which case a 30-day written notice is required for termination.