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Exclusive Business Marketing – Terms of Service

Last Updated: December 16, 2025

These Terms of Service (“Terms”) govern all services provided by Exclusive Business Marketing (“EBM,” “we,” “us,” or “our”) to any client (“Client,” “you,” or “your”). By engaging our services, signing a service agreement, approving a proposal, invoice, or submitting payment, you agree to be bound by these Terms.

These Terms may be incorporated by reference into a separate Service Agreement, Proposal, or Statement of Work.

1. Scope of Services

Exclusive Business Marketing provides digital marketing services including, but not limited to:

  • Website and landing page design & development

  • Search Engine Optimization (SEO)

  • Paid advertising management (Google Ads, Meta Ads, etc.)

  • Social media management and content creation

  • Email and SMS marketing

  • CRM integrations and marketing automation

  • AI chatbots and voice assistants

  • Analytics, tracking, and reporting

Specific services, deliverables, timelines, and pricing are defined in the Client’s signed agreement, proposal, or invoice.

2. No Guarantees

Client understands that digital marketing results vary and depend on numerous factors beyond EBM’s control, including competition, market conditions, algorithm updates, platform policy changes, and Client responsiveness.

EBM makes no guarantees regarding:

  • Search engine rankings

  • Traffic volume

  • Leads or sales

  • Cost per lead or return on ad spend

  • Revenue or business growth

SEO and organic marketing efforts may take weeks or months to show measurable results.

3. Advertising Spend

All advertising budgets are paid directly by Client to third-party advertising platforms and are not included in EBM’s management fees unless expressly stated in writing.

EBM is not responsible for:

  • Platform errors or outages

  • Account suspensions

  • Policy enforcement decisions

  • Changes to advertising platform rules or algorithms

4. Payments & Fees

  • All fees are billed in advance unless otherwise stated.

  • Monthly management fees are non-refundable once services begin.

  • Setup fees, onboarding fees, and completed work are non-refundable.

  • Late or missed payments may result in paused services without notice.

Client remains responsible for all fees incurred during the active term of service.

5. Term & Cancellation

Unless otherwise stated in writing:

  • Services may require a minimum commitment period (commonly six (6) months).

  • After the minimum term, services may continue on a month-to-month basis.

  • Cancellation requires at least fifteen (15) days’ written notice prior to the next billing date.

  • No refunds are provided for partial months or unused services.

6. Client Responsibilities

Client agrees to:

  • Provide timely access to required platforms, accounts, and assets

  • Supply accurate information and approvals when requested

  • Ensure compliance with all applicable laws, regulations, and platform policies

Delays caused by Client may impact timelines, performance, or results.

7. Ownership & Intellectual Property

  • Upon full payment, Client owns custom website designs, written content, and creative assets created specifically for Client.

  • EBM retains ownership of proprietary processes, templates, internal systems, and methodologies.

  • EBM may display non-confidential work in portfolios, case studies, or marketing materials.

8. AI, Automation & Chatbots

AI tools, chatbots, and automation systems are provided “as-is.”

Client acknowledges:

  • AI outputs may be incomplete, inaccurate, or unpredictable

  • Client is responsible for reviewing and approving messaging

  • EBM is not liable for missed leads, incorrect responses, or unintended AI behavior

9. Confidentiality

Both parties agree to maintain the confidentiality of any non-public business, technical, or financial information disclosed during the engagement, except as required by law.

10. Indemnification

Client agrees to indemnify and hold harmless Exclusive Business Marketing from any claims, damages, losses, or expenses arising from:

  • Client-provided content, data, or instructions

  • Client’s products or services

  • Violations of advertising laws or platform policies

  • Client misuse of marketing platforms or automation systems

11. Limitation of Liability

To the fullest extent permitted by law, Exclusive Business Marketing shall not be liable for indirect, incidental, consequential, or special damages.

EBM’s total liability shall not exceed the amount paid by Client for services during the three (3) months preceding any claim.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

The parties agree to attempt good-faith resolution prior to pursuing litigation. Any legal action shall be brought in a court of competent jurisdiction in California.

13. Changes to Terms

Exclusive Business Marketing reserves the right to update or modify these Terms of Service at any time.

Updated Terms will apply to new engagements entered into after the effective date of the update.

Existing and prior clients remain governed by the Terms of Service in effect at the time their service agreement was executed, unless otherwise agreed to in writing by both parties.

14. Acceptance

By signing a service agreement, approving a proposal, submitting payment, or continuing to use our services, Client acknowledges that they have read, understood, and agreed to these Terms.

Contact Information

Exclusive Business Marketing
16371 Gothard St. Ste C
Huntington Beach, CA 92647
Phone: (866) 677-4443
Email: info@exclusivebusinessmarketing.com
Website: https://exclusivebusinessmarketing.com

We appreciate the opportunity to help grow your brand.

 

For questions about these Terms, contact:
📧 policies@exclusivebusinessmarketing.com
📞 866-677-4443

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