Terms of Service

Governing the use of professional marketing services

Version 2.4 | Last Revised: December 22, 2025

1. Introduction & Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client", "you") and NexusDigital ("Agency", "we", "us", or "our"), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and our marketing services ("Services").

LEGAL NOTICE: BY ACCESSING OUR SITE OR SIGNING A SERVICE AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SERVICES.

2. Scope of Professional Services

NexusDigital provides a suite of digital marketing services which may include, but are not limited to, Search Engine Optimization (SEO), Pay-Per-Click (PPC) Management, Social Media Marketing, Content Strategy, and Conversion Rate Optimization (CRO).

2.1 Statements of Work (SOW)

Specific deliverables, timelines, and budgets will be outlined in a separate Statement of Work or Service Agreement. In the event of a conflict between these Terms and an SOW, the SOW shall prevail regarding the technical deliverables, while these Terms prevail regarding legal liability.

2.2 Modification of Services

We reserve the right to modify or discontinue any part of our Services with 30 days' notice. Digital marketing strategies are fluid; we reserve the right to pivot strategy based on platform algorithm changes to best serve the Client's interests.

3. Fees, Billing, and Payments

3.1 Retainers and Project Fees

Services are typically provided on a monthly retainer basis. All fees are quoted in [CURRENCY]. Monthly retainers are billed in advance, while project-based work may require a 50% upfront deposit.

3.2 Late Payments

Invoices are due upon receipt. Payments not received within seven (7) business days of the invoice date will incur a late fee of 1.5% per month on the outstanding balance. If an account remains unpaid for fifteen (15) days, we reserve the right to pause all active campaigns and SEO activities immediately.

3.3 Ad Spend Responsibility

Client acknowledges that "Ad Spend" (money paid directly to Google, Meta, etc.) is separate from "Management Fees" paid to the Agency. The Client is responsible for maintaining valid payment methods on all advertising platforms.

4. Client Obligations & Warranties

To ensure successful project execution, the Client agrees to:

  • Provide administrative access to website CMS, Google Analytics, and Ad accounts within 48 hours of request.
  • Ensure all products/services being marketed comply with local and international laws.
  • Provide final approval on creative assets within 3 business days; failure to respond may result in project delays for which the Agency is not liable.

5. Intellectual Property Rights

5.1 Agency Ownership

Our proprietary methodologies, software, trade secrets, and internal reporting tools remain the sole property of NexusDigital.

5.2 Client Ownership

Upon receipt of full payment, all custom-made creative assets (graphics, ad copy, landing page designs) created specifically for the Client shall be owned by the Client. We retain a non-exclusive, perpetual license to display the work in our professional portfolio.

6. Termination and Cancellation

6.1 Cancellation Policy

Monthly retainers may be cancelled by providing thirty (30) days written notice. The Client is responsible for all fees incurred during the 30-day notice period.

6.2 Immediate Termination

We reserve the right to terminate this agreement immediately if the Client engages in illegal activities, provides fraudulent data, or uses abusive language toward our staff members.

7. Limitation of Liability

THE AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL THE AGENCY'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY THE CLIENT IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

7.1 No Guarantee of Performance

Digital marketing is an inexact science. We make no guarantees regarding specific rankings, conversion numbers, or lead quality. Past performance is not indicative of future results.

8. Indemnification

Client agrees to indemnify, defend, and hold harmless NexusDigital and its affiliates from any claims, losses, or expenses (including legal fees) arising from the Client's products, services, or data provided to the Agency for marketing purposes.

9. Governing Law

This Agreement and your use of the Site and Services are governed by and construed in accordance with the laws of [CITY, STATE], without regard to its conflict of law principles. Any legal action shall be brought exclusively in the courts of [CITY, STATE].