Terms of Service

Exclusive Business Marketing – Terms of Service

Last Updated: August 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, Statement of Work, invoice, or other written agreement.

1. Scope of Services

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

• Website and landing page design and 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
• Hosting coordination and website maintenance

Specific services, deliverables, timelines, and pricing are defined in the Client’s signed agreement, proposal, statement of work, invoice, or other written authorization.

2. No Guarantees

Client acknowledges that marketing, advertising, SEO, and website performance results vary based on numerous factors outside EBM’s control.

EBM makes no guarantees regarding:

• Search engine rankings
• Website traffic
• Lead generation
• Sales conversions
• Cost per lead
• Return on ad spend
• Revenue growth
• Business performance

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

Any projections, estimates, forecasts, examples, or case studies are provided for informational purposes only and do not constitute guarantees.

3. Advertising Platforms

Advertising budgets are paid directly by Client to third-party advertising platforms unless otherwise agreed in writing.

EBM is not responsible for:

• Platform outages
• Advertising account suspensions
• Policy violations
• Platform approval decisions
• Advertising performance fluctuations
• Changes to platform algorithms, policies, or requirements

Client remains responsible for compliance with all advertising laws and platform policies.

4. Payments and Fees

Unless otherwise stated:

• All fees are billed in advance.
• Setup fees are non-refundable.
• Website development fees are non-refundable once work has begun.
• Monthly service fees are non-refundable.
• Completed work is non-refundable.
• Deposits are non-refundable.
• Client remains responsible for all charges incurred during the service term.

Failure to make timely payments may result in suspension of services, removal of access, suspension of hosting support, or termination of the agreement.

Late balances may accrue interest at the maximum rate permitted by law.

5. Term and Cancellation

Unless otherwise agreed in writing:

• Services may require a minimum commitment period.
• Following the initial term, services may continue on a month-to-month basis.
• Cancellation requires at least fifteen (15) days written notice before the next billing date.
• No refunds are provided for partial months, unused services, completed work, or early termination.

EBM reserves the right to terminate services at any time for non-payment, abusive conduct, illegal activity, or material breach of these Terms.

6. Client Responsibilities

Client agrees to:

• Provide timely access to accounts, platforms, and assets
• Provide accurate information
• Review deliverables in a timely manner
• Obtain any necessary permissions, licenses, or legal approvals
• Maintain backups of their own business records when appropriate
• Comply with applicable laws and regulations

Project delays caused by Client may extend timelines and affect deliverables.

EBM is not responsible for delays resulting from Client inaction or lack of communication.

7. Website Accessibility and ADA Compliance

Accessibility Disclaimer

EBM does not represent, warrant, or guarantee that any website, landing page, application, content, software, digital property, or online service created, modified, maintained, hosted, or managed by EBM is compliant with:

• The Americans with Disabilities Act (ADA)
• Web Content Accessibility Guidelines (WCAG)
• Section 508
• State accessibility laws
• International accessibility regulations
• Any future accessibility standards or legal requirements

Unless expressly stated in a separate written agreement, accessibility compliance is not included as part of website design, development, hosting, SEO, marketing, or maintenance services.

Client Responsibility

Client acknowledges that accessibility compliance requirements vary by industry, jurisdiction, business type, legal interpretation, and evolving regulatory standards.

Client is solely responsible for determining whether accessibility compliance is required for its business and obtaining legal advice regarding such requirements.

Third-Party Accessibility Solutions

EBM may offer, recommend, install, configure, manage, or assist with third-party accessibility software, monitoring services, remediation tools, accessibility overlays, widgets, or compliance solutions.

Such services may require separate agreements, setup fees, recurring subscription fees, or ongoing maintenance charges.

EBM makes no representation or warranty that any accessibility solution, software, widget, overlay, remediation service, audit, or monitoring service will result in complete legal compliance.

No Liability for Accessibility Claims

Client agrees that EBM shall not be liable for any:

• ADA complaints
• Accessibility claims
• Demand letters
• Lawsuits
• Regulatory investigations
• Government actions
• Settlements
• Penalties
• Fines
• Legal expenses

arising from the accessibility or alleged inaccessibility of any website, content, software, application, or digital property.

Accessibility remediation requested after launch shall be treated as a separate service and may be billed accordingly.

8. Website Maintenance, Hosting and Third-Party Services

EBM may work with third-party vendors, software providers, plugins, APIs, hosting companies, registrars, payment processors, AI providers, and technology partners.

EBM is not responsible for:

• Hosting outages
• Plugin failures
• Software bugs
• Security breaches caused by third parties
• Third-party service interruptions
• Domain registration issues
• Third-party pricing changes
• Third-party software discontinuation

Client understands that websites may require ongoing maintenance and updates after launch.

9. Ownership and Intellectual Property

Upon full payment, Client receives ownership rights to custom website designs, graphics, and content specifically created for Client, unless otherwise stated in writing.

EBM retains ownership of:

• Proprietary methodologies
• Internal systems
• Marketing processes
• Templates
• Software configurations
• AI systems
• Automation frameworks
• Internal documentation

EBM may display completed work in portfolios, case studies, advertising materials, presentations, and marketing campaigns unless prohibited by written agreement.

10. AI, Automation and Chatbot Services

AI tools and automation systems are provided on an “as-is” basis.

Client acknowledges that AI-generated outputs may:

• Be inaccurate
• Be incomplete
• Produce unexpected responses
• Require human review

Client remains responsible for reviewing and approving all messaging, content, communications, and automated outputs.

EBM is not liable for missed leads, lost opportunities, inaccurate responses, automation failures, or business losses related to AI systems.

11. Confidentiality

Each party agrees to protect confidential, proprietary, financial, technical, and business information received during the engagement.

Confidentiality obligations do not apply to information that:

• Is publicly available
• Was already known by the receiving party
• Is independently developed
• Must be disclosed by law

12. Indemnification

Client agrees to defend, indemnify, and hold harmless Exclusive Business Marketing, its owners, employees, contractors, affiliates, and agents from any claims, damages, liabilities, losses, settlements, judgments, fines, penalties, costs, or attorney fees arising from:

• Client-provided content
• Client products or services
• Advertising claims
• Copyright or trademark disputes
• Privacy violations
• Data collection practices
• Accessibility or ADA-related claims
• WCAG or Section 508 claims
• Regulatory investigations
• Client misuse of marketing systems
• Violations of laws, regulations, or platform policies

13. Limitation of Liability

To the fullest extent permitted by law:

EBM shall not be liable for:

• Indirect damages
• Consequential damages
• Lost profits
• Lost revenue
• Lost business opportunities
• Business interruption
• Data loss
• Reputation damage

EBM’s total cumulative liability under any claim shall not exceed the amount paid by Client to EBM during the three (3) months immediately preceding the event giving rise to the claim.

14. Force Majeure

EBM shall not be liable for delays or failures caused by events beyond its reasonable control, including:

• Natural disasters
• Internet outages
• Government actions
• Cyberattacks
• Labor disputes
• Pandemics
• Utility failures
• Third-party service disruptions

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California.

Prior to filing any legal action, both parties agree to attempt good-faith resolution of any dispute.

Any legal action shall be brought exclusively in a court of competent jurisdiction located in California.

The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.

16. Changes to Terms

EBM reserves the right to update or modify these Terms at any time.

Updated Terms shall apply to future engagements entered into after the effective date of the revision.

Existing clients remain governed by the version in effect at the time of contract execution unless otherwise agreed in writing.

17. Acceptance

By signing an agreement, approving a proposal, accepting an invoice, submitting payment, or continuing to use EBM services, Client acknowledges that they have read, understood, and agreed to these Terms of Service.

Contact Information

Exclusive Business Marketing
16371 Gothard St., Suite C
Huntington Beach, CA 92647

Phone: (866) 677-4443
Email: info@exclusivebusinessmarketing.com
Website: https://exclusivebusinessmarketing.com

For questions regarding these Terms:

Email: policies@exclusivebusinessmarketing.com
Phone: (866) 677-4443

We appreciate the opportunity to help grow your business.