Terms of Service

Welcome to Growth Wizard (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your access and use of our website and digital marketing services, including paid social, SEO, content creation, social media marketing, PPC management, and other related services provided by Growth Wizard (collectively, the “Services”). By using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must discontinue use of our website and Services.

1.Services

1.1 Scope of Services

Growth Wizard provides digital marketing services, including but not limited to paid social search engine optimization (SEO), pay-per-click advertising (PPC), content creation, social media management, and web design. All Services will be described in specific project proposals, agreements, or service orders (“Service Agreements”) that both parties must agree upon before commencing work.

1.2 Changes to Services

If you wish to change the scope of work during the project, we will issue a Change Order, which both parties must approve. Changes may affect project timelines and pricing.

2. Fees and Payment

2.1 Pricing

The fees for Services will be outlined in the Service Agreement. Prices are based on the scope of work, complexity, and required time for completion.

2.2 Payment Terms

You agree to pay all fees as outlined in the Service Agreement. Unless otherwise stated, payments are due within 30 days of receiving the invoice. Late payments may incur interest at a rate of 1.5% per month or the highest amount permitted by law, whichever is lower.

2.3 Additional Costs

You agree to reimburse us for all out-of-pocket expenses incurred during the execution of the Services, including but not limited to advertising costs, third-party software, stock images, or travel expenses, as approved in advance.

2.4 Non-Payment

In case of non-payment beyond 10 days of the due date, we reserve the right to suspend all ongoing work until payment is made. Repeated delays in payment may lead to termination of the Services.

3. Intellectual Property

3.1 Ownership of Work

Upon full payment, you will own the rights to all deliverables created specifically for you, unless otherwise agreed. However, Growth Wizard retains ownership of any pre-existing intellectual property (e.g., software, templates, methodologies) used during the execution of the Services.

3.2 Licensing

If our deliverables include third-party materials (such as stock photos or licensed software), you agree to comply with all terms associated with these licenses. We will not be responsible for any misuse of third-party content by you.

3.3 Agency Portfolio

We reserve the right to use examples of the work we produce for you in our portfolio, marketing materials, and case studies, unless otherwise agreed upon in writing.

4. Confidentiality

4.1 Non-Disclosure

Both parties agree to keep confidential any proprietary or sensitive information shared during the term of this Agreement, including but not limited to business strategies, customer data, and financial details.

4.2 Exceptions

Confidential information does not include information that (i) is already in the public domain, (ii) becomes publicly known through no fault of the receiving party, (iii) is independently developed by the receiving party, or (iv) is required to be disclosed by law or court order.

5. Client Obligations

5.1 Cooperation

You agree to provide accurate and timely information, approvals, and any materials needed to perform the Services. Any delay in providing the necessary resources may impact project timelines.

5.2 Access to Data

You agree to provide us with necessary access to platforms and data required for the performance of Services, including but not limited to website analytics, social media accounts, or advertising platforms.

5.3 Compliance

You represent and warrant that you own or have permission to use all materials, content, and data you provide us, and that using them will not infringe the rights of third parties. You agree to comply with all applicable laws, rules, and regulations related to your use of our Services.

6. Termination

6.1 Termination by Either Party

Either party may terminate the agreement by providing 30 days’ written notice. In such an event, you will be responsible for paying for Services rendered up to the date of termination.

6.2 Termination for Cause

We may terminate this agreement immediately if you materially breach these Terms or fail to pay for Services within 10 days of receiving a written notice of overdue payment.

6.3 Effects of Termination

Upon termination, all rights and obligations under this Agreement will end except for the payment of outstanding fees and those that by their nature should survive, including confidentiality and intellectual property provisions.

7. Limitation of Liability

7.1 No Guarantees

While we strive to deliver high-quality services, we do not guarantee specific results such as increased website traffic or improved search engine rankings. Performance depends on many factors outside our control, including market conditions and customer behavior.

7.2 Indemnity

You agree to indemnify and hold us harmless against any claims, damages, losses, or liabilities arising from your use of our Services, including any violation of intellectual property rights or failure to comply with applicable laws.

7.3 Liability Cap

In no event shall Growth Wizard be liable for any indirect, consequential, or incidental damages, including loss of profits, data, or revenue. Our total liability for any claim related to the Services shall not exceed the total fees paid by you in the six months preceding the claim.

8. Amendments and Modifications

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. Continued use of our Services after changes are made signifies your acceptance of the revised Terms.

9. Governing Law

These Terms and any disputes arising from them will be governed by and construed in accordance with United States laws, without regard to its conflict of law principles. Any legal action or proceeding will be brought exclusively in the state or federal courts located in Florida, US.

10. Miscellaneous

10.1 Entire Agreement

These Terms, along with any applicable Service Agreement or Work Order, constitute the entire agreement between the parties and supersede any prior agreements, understandings, or negotiations.

10.2 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent.

10.3 Force Majeure

Neither party will be liable for delays or failure in performance due to events beyond their reasonable control, including natural disasters, government actions, and power outages.

10.4 Severability

If any part of these Terms is deemed unenforceable, the remaining provisions will remain in full force and effect.

If you have any questions about these Terms of Service, please contact us at Gideon@growthwizard.com. By using our Services, you acknowledge that you have read, understood, and agreed to these Terms.