Terms of Service
The terms that govern our marketing services, including scope, billing, ad spend, ownership and termination.
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Review this with a lawyer before you rely on it. This document is a starting draft prepared for TWOLAMARKETING LLC. It is not legal advice, and it has not been reviewed by a licensed attorney in Wyoming or any other jurisdiction. Have a qualified lawyer review and adapt it to your actual business practices before publishing.
1.Agreement to these terms
These Terms of Service ("Terms") form a binding agreement between you or the business you represent ("Client", "you") and TWOLAMARKETING LLC, a Wyoming limited liability company with its registered address at 30 N Gould St, Ste R, Sheridan, WY 82801, USA ("TWOLAMARKETING", "we", "us").
By submitting a plan application, making payment, or otherwise engaging our services, you confirm that you have read and accept these Terms, and that you have authority to bind the business on whose behalf you are acting.
2.Scope of services
We provide digital marketing services as described in the plan you select and any written statement of work we agree with you. Depending on your plan, services may include advertising campaign management on Meta and Google platforms, local search optimisation, Google Business Profile management, social media management, email marketing, review management and landing page development.
The specific deliverables, reporting frequency, managed ad spend ceiling and support level applicable to you are those published on our pricing page for your chosen plan at the time you subscribe, as varied by any written agreement between us.
We may improve or modify the way we deliver services provided the modification does not materially reduce the deliverables of your plan. Where a change is material, we will give you at least 30 days' written notice and you may terminate without penalty before it takes effect.
3.Applications and acceptance
Submission of an application does not create a contract and does not oblige us to provide services. We review each application and may accept or decline it at our discretion, including where we believe we are unlikely to achieve a satisfactory result for you.
A contract is formed only when we notify you that your application is approved and you complete the first payment through the secure Stripe payment link we provide. You are not charged at the point of application.
4.Your obligations
For us to deliver the services, you agree to:
- Grant and maintain the access we reasonably require to your advertising accounts, Google Business Profile, website, analytics and any other relevant platform.
- Maintain a valid payment method with the advertising platforms so your ad spend is funded and campaigns do not stop.
- Provide accurate and complete information about your business, and update us promptly when it changes.
- Supply brand assets, images, offers and approvals within a reasonable time when we request them.
- Ensure that all materials you provide are accurate, not misleading, and that you hold the rights necessary for us to use them.
- Comply with the advertising policies of Meta, Google and any other platform on which your campaigns run, and with all laws applicable to your business, including any professional licensing or advertising rules for your industry.
- Respond to leads generated by the campaigns in a timely manner.
Delays caused by outstanding access, assets or approvals may extend timelines. We are not responsible for underperformance attributable to your failure to meet these obligations.
5.Advertising spend
Advertising spend is separate from, and additional to, our management fee. Advertising platforms including Meta and Google bill you directly on your own advertising accounts using your own payment method. We do not collect, hold, mark up or take a percentage of your advertising spend.
You remain responsible for all amounts charged by advertising platforms, including amounts arising from campaigns we manage on your behalf. Advertising spend is not refundable by us under any circumstances, because we never receive it.
Each plan includes a managed ad spend ceiling. If your monthly spend consistently exceeds that ceiling, we will discuss moving you to a higher plan.
6.Fees and billing
- Management fees are billed monthly in advance through Stripe, beginning on the date of your first payment.
- Your billing date each month is the anniversary of that first payment.
- Fees are stated in United States dollars and are exclusive of any applicable taxes, which you are responsible for.
- If a payment fails, we will notify you and may suspend services if the failure is not resolved within 7 days.
- We may change our fees on 30 days' written notice. Any change takes effect from your next billing cycle, and you may terminate before it applies.
7.No guarantee of results
We do not guarantee any specific outcome, including any level of leads, calls, sales, revenue, search ranking, impressions, clicks, cost per lead or return on advertising spend. Any figures, case studies or examples shown on our website or in our proposals are illustrative and are not a promise of comparable results.
Marketing outcomes depend on factors outside our control, including platform algorithm changes, auction competition, seasonality, your pricing and offer, your capacity to serve customers, your responsiveness to leads, and general economic conditions.
We undertake to perform the services with reasonable skill and care, in accordance with the practices generally accepted in our industry.
8.Account and intellectual property ownership
You own your advertising accounts, Google Business Profile, website, domain names, historical campaign data, audiences and customer data. We access these as your service provider and will relinquish that access on termination.
Subject to full payment, you own the deliverables we create specifically for you, including ad copy, creative assets and landing pages built under your plan. We retain ownership of our own pre-existing methodologies, templates, internal tools and know-how, and nothing in these Terms transfers those to you.
You grant us a non-exclusive licence to use your name, logo and non-confidential campaign results for the purpose of describing our work, unless you tell us in writing that you would prefer we did not.
9.Confidentiality
Each party may receive confidential information belonging to the other. Both parties agree to keep such information confidential, to use it only for the purpose of the engagement, and to protect it with at least reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law.
10.Termination
Either party may terminate the engagement for convenience by giving 30 days' written notice. Notice from you should be sent to contact@twolamarketing.com and takes effect from the date we receive it.
You will be billed for the 30-day notice period, and we will continue to provide services during it. Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, becomes insolvent, or is required to stop by law or platform policy.
On termination we will pause or hand over campaigns as you direct, remove our access to your accounts, and provide a handover summary covering campaign structure, audiences and current performance. Refunds are governed by our Refund & Cancellation Policy.
11.Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to these Terms, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms will not exceed the total management fees actually paid by you to us in the three months immediately preceding the event giving rise to the claim.
We are not liable for the acts, omissions, policies, pricing, outages or account decisions of third-party platforms including Meta and Google, nor for any suspension, disapproval or restriction of your accounts by those platforms.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
12.Indemnity
You agree to indemnify and hold harmless TWOLAMARKETING and its members, officers and contractors from any third-party claim, loss or expense (including reasonable legal fees) arising from materials or information you provide, from your products or services, from your breach of these Terms, or from your breach of any law or platform policy applicable to your business.
13.Governing law and disputes
These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
The parties agree to attempt in good faith to resolve any dispute informally by contacting each other first. If a dispute cannot be resolved within 30 days, it will be subject to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming, and both parties consent to venue there.
14.General
- Entire agreement — these Terms, together with your accepted plan and any written statement of work, form the entire agreement between us and supersede prior discussions.
- Severability — if any provision is found unenforceable, the remainder continues in full force.
- No waiver — a failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment — you may not assign these Terms without our written consent; we may assign them in connection with a merger or sale of our business.
- Independent contractor — we act as an independent contractor, not as your employee, partner or agent.
- Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices — notices should be sent to the email addresses used by the parties in the ordinary course of the engagement.
Questions about this policy?
TWOLAMARKETING LLC30 N Gould St, Ste R, Sheridan, WY 82801, USA
contact@twolamarketing.com
+1 (307) 317-9270