Terms & Conditions

Terms & Conditions

Effective Date:

March 1, 2024

Welcome to SmartSpendMarketing.com ("Company," "we," "us," or "our"). By using our website (www.smartspendmarketing.com) and our digital marketing services, including but not limited to web design, SEO, PPC advertising, reputation management, lead generation, social mediation advertising, and Google Business Profile management (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service

("Agreement," "Terms"). If you do not agree with any part of these Terms, please refrain from using our Services.


1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years old and legally capable of entering into this Agreement. If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.


2. Services Provided

Smart Spend Digital Marketing specializes in digital marketing solutions tailored for local service based businesses. Our services include but are not limited to:

Website design and development

Search engine optimization (SEO)

Pay-per-click (PPC) advertising

Reputation management

Lead Generation & Management

Social Media Marketing

Google Business Profile optimization

Each service is conducted by our in-house team or third-party partners. We reserve the right to modify, suspend, or discontinue any of our Services at any time without prior notice.


3. Client Responsibilities

To ensure the success of our collaboration, you agree to:

Provide accurate and up-to-date business information.

Supply necessary access credentials (e.g., website, tenant data, Google Business Profile, ad accounts) for marketing execution.

Approve or reject content and ad campaigns in a timely manner.

Comply with all applicable laws and regulations related to your business and our Services.

Failure to fulfill these responsibilities may result in service delays or termination.


4. Payment & Billing

4.1 Fees & Payment Terms

All services are billed in advance and must be paid via credit card, debit card or another pre-approved method. Monthly retainers, ad spend budgets, and one-time service fees will be outlined in your service agreement and invoice before payment. Payments are non-refundable, except as explicitly stated in these Terms.

4.2 Late Payments

Payments are to be received within 6 days of the due date. Accounts overdue by 7 days may be suspended until payment is made. Accounts overdue by 30 days may be sent to collections, and services will be terminated.


5. Refunds & Cancellations

5.1 Refund Policy

Due to the nature of digital marketing services, we do not offer refunds once work has commenced. However, if we fail to deliver agreed-upon services within a reasonable time-frame, we will work with you to find a resolution.

5.2 Cancellation Policy

Monthly services require a 30-day written notice for cancellation. One-time services (e.g., website rebuilds) are non-cancelable once work has started. All advertising campaigns require 72-hour notice to halt spending, but you will be responsible for charges incurred before cancellation.

All cancellations must be submitted in writing to by submitting an online form to


https://cancel.smartspendmarketing.com

.


6. Intellectual Property

All materials, content, and work produced by Smart Spend Digital Marketing—including websites, ad creatives, SEO content, and marketing strategies—remain the property of Smart Spend Digital Marketing until the client has paid in full for the service.

If services are terminated and the balance remains unpaid, we retain ownership of all deliverables.


7. Confidentiality & Data Protection

We respect your privacy and will not share your business information, personal contact information, login credentials, or marketing data with unauthorized third parties. By using our Services, you also agree to our Privacy Policy

(https://smartspendmarketing.com/pp)

However, we reserve the right to use anonymized campaign results and performance data for internal reporting and marketing case studies.


8. Disclaimers & Limitation of Liability

8.1 No Guaranteed Results

While we implement industry best practices to drive traffic, leads, and revenue for your business, we do not guarantee specific rankings, ad performance, or financial outcomes. Digital marketing success depends on many factors outside our control.

8.2 Limitation of Liability

To the fullest extent permitted by law, SmartSpendMarketing.com and its team shall not be liable for any:

Direct, indirect, incidental, or consequential damages

Loss of revenue, profits, or business opportunities

Third-party service failures (e.g., Google, Facebook, hosting providers)

Our liability is capped at the total fees paid by you in the last 3 months.


9. Indemnification

You agree to defend, indemnify, and hold harmless SmartSpendMarketing.com, its employees, and affiliates from any claims, damages, or legal fees arising from:

Your misuse of our Services

Your violation of these Terms

Any false or misleading information provided to us


10. Termination of Services

We reserve the right to suspend or terminate your access to our Services if:

You violate these Terms

You fail to pay for services

You engage in fraudulent or unethical business practices

Upon termination, all outstanding balances are immediately due.


11. Force Majeure

We are not responsible for service delays or failures due to events beyond our control, including natural disasters, government actions, cyberattacks, or third-party service outages.


12. Governing Law & Dispute Resolution

These Terms are governed by the laws of

Delaware, without regard to conflict of law principles. Any disputes shall be resolved through mediation or arbitration

before pursuing legal action.


13. Modifications to Terms

We may update these Terms at any time. If changes are significant, we will notify clients via email or website announcements. Your continued use of our Services after updates constitutes acceptance of the new Terms.


14. Contact Information

For any questions about these Terms, please contact us at:

📧 [email protected]

📞 (Corporate)

512-678-0900

📍(Mailing Address)

1401 Pennsylvania Ave

STE 105, Box 1888

Wilmington, DE 19806

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.