Legal Agreement
Terms of Service
Important terms and conditions governing the use of our advertising services.
Last Updated: January 15, 2024
IMPORTANT
No Performance Guarantees
Digital advertising results cannot be guaranteed. Performance depends on numerous external factors beyond our control. By using our services, you acknowledge and accept the inherent risks of digital advertising and agree that GPremier Solutions is not liable for campaign performance, revenue outcomes, or fraudulent activity.
These Terms of Service ("Terms") govern your use of GPremier Solutions' advertising services. Please read these terms carefully before engaging our services. By using our services, you agree to be bound by these terms.
Acceptance of Terms
- • By accessing and using GPremier Solutions' advertising services, you accept and agree to be bound by these Terms of Service.
- • If you do not agree to these terms, you may not use our services.
- • We reserve the right to modify these terms at any time without prior notice.
- • Your continued use of our services after changes constitutes acceptance of the modified terms.
Service Description
- • GPremier Solutions provides digital advertising management services including but not limited to campaign creation, optimization, and reporting.
- • Our services include management of advertising accounts on platforms such as Google Ads, Facebook Ads, and other digital advertising networks.
- • We provide strategic consultation, creative development, and performance analysis as part of our service offerings.
- • Service specifics will be outlined in individual service agreements or proposals.
No Revenue Guarantees
Key Terms
- • GPremier Solutions makes NO GUARANTEES regarding advertising revenue, return on investment (ROI), or specific performance metrics.
- • Digital advertising performance depends on numerous factors beyond our control, including market conditions, competition, product demand, and platform algorithm changes.
- • Past performance of campaigns does not guarantee future results for your business or industry.
- • We provide professional expertise and best practices, but cannot guarantee specific outcomes or revenue targets.
- • Any projections or estimates provided are for planning purposes only and should not be considered promised results.
Client Responsibilities
- • Clients must provide accurate information about their business, products, services, and target audience.
- • Clients are responsible for providing necessary assets, including images, copy, landing pages, and product information.
- • Clients must comply with all applicable laws and advertising platform policies.
- • Clients must provide timely feedback and approvals for campaign materials and strategies.
- • Clients are responsible for their own website functionality, product availability, and customer service.
Fraud Protection
Key Terms
- • GPremier Solutions will not be held liable for fraudulent activities including but not limited to click fraud, impression fraud, or conversion fraud.
- • We implement industry-standard fraud detection and prevention measures, but cannot guarantee complete protection against all fraudulent activities.
- • Clients acknowledge that fraudulent activity is a risk inherent in digital advertising and agree to hold GPremier Solutions harmless from fraud-related losses.
- • We will work with advertising platforms to address suspected fraud, but refunds for fraudulent activity are subject to platform policies.
- • Any disputes regarding fraud must be addressed with the respective advertising platforms directly.
Payment Terms
- • Payment terms will be specified in individual service agreements.
- • All advertising spend is separate from management fees and is paid directly to advertising platforms.
- • Management fees are non-refundable once services have been initiated.
- • Late payments may result in service suspension and additional fees.
- • Clients are responsible for all advertising platform costs regardless of campaign performance.
Performance and Results
Key Terms
- • Campaign performance can be affected by external factors including seasonality, market conditions, competitor actions, and platform algorithm updates.
- • We cannot control or guarantee audience behavior, conversion rates, or customer lifetime value.
- • Optimization efforts may take 30-90 days to show meaningful results depending on campaign complexity and market conditions.
- • Poor website performance, product issues, or customer service problems may negatively impact campaign results.
- • Results may vary significantly between different industries, markets, and time periods.
Limitation of Liability
Key Terms
- • GPremier Solutions' total liability shall not exceed the amount paid by the client for services in the preceding 12 months.
- • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- • This includes but is not limited to lost profits, business interruption, or loss of business information.
- • Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability.
- • Clients acknowledge that digital advertising involves inherent risks that cannot be eliminated.
Account Access and Security
- • When working on client-owned advertising accounts: Clients grant GPremier Solutions necessary access to advertising accounts for management purposes.
- • When we create or manage accounts on behalf of clients: GPremier Solutions retains ownership and control of accounts, campaigns, and associated data created under our management.
- • We will maintain reasonable security measures for account access credentials in both scenarios.
- • Clients remain responsible for the security of their own accounts and systems when we access client-owned accounts.
- • GPremier Solutions is not liable for unauthorized access to client accounts by third parties.
- • For client-owned accounts: Access will be revoked upon termination of services, and clients retain full ownership.
- • For GPremier Solutions-managed accounts: Upon termination, we retain ownership of accounts and may choose to transfer campaign data at our discretion.
Intellectual Property
- • Clients retain ownership of their existing intellectual property and brand assets.
- • GPremier Solutions retains ownership of proprietary methods, strategies, and developed intellectual property.
- • Creative materials developed specifically for clients become the property of the client upon full payment.
- • Neither party may use the other's proprietary information without written consent.
- • Clients grant GPremier Solutions permission to use their business name and results for marketing purposes unless otherwise specified.
Termination
- • Either party may terminate services with 30 days written notice.
- • GPremier Solutions reserves the right to terminate services immediately for breach of terms or non-payment.
- • Upon termination, all account access will be revoked and final reporting will be provided.
- • No refunds will be provided for management fees or advertising spend.
- • Post-termination obligations include payment of outstanding fees and return of confidential information.
Platform Policy Compliance
- • All campaigns must comply with the policies of respective advertising platforms (Google, Facebook, etc.).
- • GPremier Solutions will make reasonable efforts to ensure compliance but cannot guarantee policy interpretation.
- • Account suspensions or policy violations may result in campaign interruptions beyond our control.
- • Clients are ultimately responsible for ensuring their business and practices comply with platform policies.
- • Policy changes by platforms may require campaign modifications or discontinuation.
Dispute Resolution
- • Any disputes shall be resolved through binding arbitration in accordance with commercial arbitration rules.
- • The arbitration shall be conducted in Tech City, TC or another mutually agreed location.
- • The prevailing party shall be entitled to recover reasonable attorney fees and costs.
- • These terms shall be governed by the laws of the state where GPremier Solutions is located.
- • Any legal action must be commenced within one year of the dispute arising.
Questions About These Terms?
If you have any questions about these Terms of Service, please contact us: