Terms of Service

    Effective Date: October 4, 2024

    1. Agreement to Terms

    By accessing or using Experience Advertising's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

    2. Services Description

    Experience Advertising provides digital marketing services including:

    3. Client Responsibilities

    As a client, you agree to:

    • Provide accurate and complete information about your business and marketing needs
    • Grant necessary access to advertising accounts, analytics, and relevant platforms
    • Comply with all applicable laws and platform policies
    • Review and approve campaign strategies and creative materials in a timely manner
    • Pay all fees as outlined in your service agreement
    • Provide feedback and respond to communications promptly

    4. Service Fees and Payment

    Service fees are outlined in individual client agreements. General payment terms include:

    • Fees are billed monthly unless otherwise specified
    • Payment is due within 15 days of invoice date
    • Late payments may incur additional fees
    • Ad spend budgets are separate from service fees and paid directly to platforms
    • Refunds are subject to the terms of your specific service agreement

    5. Performance and Results

    While we employ industry-leading strategies and best practices, we cannot guarantee specific results or performance outcomes. Digital marketing performance depends on many factors including market conditions, competition, platform algorithms, creative quality, and budget allocation. We commit to using our expertise to optimize campaigns for the best possible results.

    6. Intellectual Property

    All strategies, methodologies, templates, and proprietary processes developed by Experience Advertising remain our intellectual property. Upon full payment, clients receive:

    • Ownership of custom creative assets developed for their campaigns
    • Access to campaign data and performance reports
    • License to use approved campaign strategies

    7. Confidentiality

    Both parties agree to maintain confidentiality of proprietary information, business strategies, and sensitive data shared during the course of our engagement. This obligation continues after the termination of services.

    8. Term and Termination

    Service agreements may be terminated by either party with written notice as specified in individual contracts. Upon termination:

    • Client remains responsible for payment of services rendered through the termination date
    • We will provide a final report of campaign performance
    • Access credentials and account ownership will be transferred as appropriate
    • Confidentiality obligations remain in effect

    9. Limitation of Liability

    Experience Advertising's liability for any claims arising from our services is limited to the total fees paid by the client in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages including lost profits or business opportunities.

    10. Platform Policy Compliance

    Clients must comply with all advertising platform policies (Meta, Google, TikTok, LinkedIn, etc.). We reserve the right to refuse or discontinue campaigns that violate platform guidelines or applicable laws.

    11. Indemnification

    Clients agree to indemnify and hold harmless Experience Advertising from any claims arising from: (a) client's violation of these terms, (b) client's violation of any law or platform policy, or (c) content and claims made in advertising campaigns approved by the client.

    12. Dispute Resolution

    Any disputes arising from these terms or our services will first be addressed through good faith negotiation. If unresolved, disputes will be settled through binding arbitration in accordance with the rules of the American Arbitration Association.

    13. Changes to Terms

    We may update these Terms of Service from time to time. Continued use of our services after changes constitutes acceptance of the new terms. We will notify clients of material changes.

    14. Governing Law

    These terms are governed by the laws of the United States. Any legal action must be brought in the appropriate courts of the jurisdiction where Experience Advertising is located.

    15. Contact Information

    For questions about these Terms of Service, please contact us:

    Email: contact@experienceadvertising.com

    Phone: (954) 662-8010

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