Terms of Service

By engaging 105West Marketing LLC for digital marketing services, you ("the Client") agree to the following Terms of Service ("Terms"). These Terms govern the relationship between you and 105West Marketing LLC.

1. Scope of Services

105West Marketing LLC will provide the digital marketing services as described in a mutually agreed-upon Statement of Work (SOW). The SOW will detail the specific deliverables, timelines, and scope of the engagement.

2. Payment and Fees

The Client agrees to pay the fees as outlined in the SOW. Our management fees are billed in advance of the service period. All third-party costs, such as ad spend, are the sole responsibility of the Client and are not included in our management fees. Invoices are due upon receipt. Failure to make timely payments may result in the suspension of all services.

3. Client Responsibilities

The Client must provide all necessary access to information, accounts (e.g., Google Analytics, ad accounts), and other assets required by 105West Marketing LLC to perform the services. The Client warrants that all materials provided to us are owned by the Client or that the Client has the right to use them. The Client is responsible for approving all campaign materials before they go live.

4. Confidentiality

105West Marketing LLC agrees to treat all Client information as confidential. Likewise, the Client agrees to treat all proprietary information about our processes, strategies, and reporting as confidential.

5. Intellectual Property

Upon full payment, the Client shall own all final deliverables created by 105West Marketing LLC specifically for the Client. We retain the right to use non-confidential campaign results and visuals for our own promotional purposes (e.g., case studies), unless otherwise agreed in writing.

6. Limitation of Liability

105West Marketing LLC will make every effort to achieve the Client's goals, but we make no guarantee of specific results due to the volatile nature of the digital marketing landscape. Our liability for any claim arising from our services is limited to the total amount of fees paid by the Client to 105West Marketing LLC in the preceding three months.

7. Term and Termination

The agreement term will be specified in the SOW. Either party may terminate the agreement by providing 30 days' written notice. The Client is responsible for all fees incurred up to the date of termination.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which 105West Marketing LLC is registered.