Terms of Service

1. Overview and Acceptance

These Terms of Service govern your access to and use of the website at [your domain] and any products, services, or materials provided by Ascend Digital Partners. By using the site or engaging our services, you agree to these Terms. If you do not agree, do not use the site.

2. Changes to Terms

We may update these Terms at any time. We will post the new effective date at the top of this page. Continued use of the site or services after an update means you accept the changes.

3. Services and Scope

We provide marketing and lead generation services that can include strategy, paid media, funnel design, analytics, CRM configuration, automation, creative assets, appointment setting workflows, and related consulting. Service details, deliverables, and timelines are defined in one or more written proposals, order forms, or statements of work.

Results depend on market conditions, offer strength, ad budgets, compliance with platform policies, and sales execution by your team.

4. Orders, SOWs, and Priority

If you sign a quote, order, or statement of work, that document controls the specific services purchased. If there is a conflict, the signed document takes priority over these Terms for that project.

5. Client Responsibilities

• Provide timely information, approvals, and access to accounts, domains, ad platforms, analytics, and CRM
• Ensure compliance with laws and platform policies in your industry and geography
• Fund ad accounts, tracking tools, subscriptions, and third party software unless stated otherwise
• Handle inbound leads promptly and follow agreed playbooks to maximize results
• Warrant that all content you supply is accurate and lawful, and that you have the right to use it

6. Fees, Payments, and Taxes

• Fees and billing schedules are set in your signed order or SOW
• Unless stated otherwise, invoices are due upon receipt, late balances may incur a one and one half percent monthly service charge or the maximum allowed by law, whichever is lower
• Retainers and setup fees are non refundable unless your agreement states otherwise
• You authorize recurring charges for ongoing services when applicable
• You are responsible for sales, use, VAT, GST, or similar taxes, excluding our income taxes
• Non payment can result in suspension or termination of services, removal of access, and withholding of deliverables until payment clears
• Chargebacks are a breach of these Terms. You agree to contact us to resolve disputes before initiating a chargeback

7. Third Party Platforms and Spend

We may integrate or work with third party tools such as Google, Meta, YouTube, TikTok, LinkedIn, GoHighLevel, analytics providers, call software, or scheduling widgets. We do not control third party services and are not responsible for outages, policy changes, or data loss caused by them.

Ad spend is paid by you directly to platforms unless your SOW states otherwise. All platforms enforce their own policies. Your accounts must comply with those policies at all times.

8. Intellectual Property and Ownership

8.1 Pre existing IP

Our methodologies, frameworks, templates, scripts, training materials, software, and know how remain our property. We grant you a limited, non exclusive license to use them internally with the deliverables.

8.2 Project deliverables

Upon full payment, you own the final custom creative files, ad copy, funnel pages, and configurations that we expressly deliver to you, excluding our pre existing IP described above and excluding third party components that are subject to their own licenses.

8.3 Trademarks and content

You retain ownership of your trademarks, logos, and content you supply. You grant us a license to use them to perform the services.

9. Confidentiality

Each party will keep the other party’s non public information confidential and use it only to perform or receive the services. This duty does not apply to information that is public, already known without restriction, independently developed, or disclosed by law or court order.

10. Publicity and Portfolio Use

Unless your SOW or a written NDA states otherwise, we may reference your company name, logo, non sensitive results, and high level project descriptions in proposals and portfolios. We will not disclose confidential information.

11. Acceptable Use

• No illegal content, misleading claims, or infringement of rights
• No malicious code, security testing without consent, or interference with services
• No scraping, bulk data extraction, or resale of our materials without permission

12. Disclaimers and No Guarantees

The site and services are provided as is and as available. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non infringement. Marketing performance is influenced by many factors outside our control. We do not guarantee leads, appointments, revenue, or return on ad spend.

13. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the site or services will not exceed the greater of one hundred dollars in United States currency or the amount you paid for the services in the three months preceding the event giving rise to the claim.

14. Indemnification

You will indemnify and hold us harmless from claims, damages, liabilities, costs, and expenses that arise from your content, your misuse of the services, your violation of law or third party rights, or your breach of these Terms.

15. Electronic Communications, SMS, and Call Recording

If you provide a phone number or email, you consent to receive service related messages, booking reminders, and marketing where permitted. Message and data rates may apply. You can opt out of SMS by replying STOP and opt out of email by using the unsubscribe link.

Calls may be recorded for quality and training where lawful. We will disclose recording at the start of the call when required.

16. Term, Suspension, and Termination

These Terms remain in effect while you use the site or services. We may suspend or terminate access for any breach, for non payment, or if required by law or platform policy. Sections that by their nature should survive will survive, including intellectual property, confidentiality, publicity, disclaimers, limitation of liability, indemnity, and governing law.

17. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including outages, platform changes, labor issues, acts of God, or government actions. Performance will resume when the event ends.

18. Governing Law and Miscellaneous

• Governing law is the laws of the State of Florida, without regard to conflict rules
• Exclusive venue is state or federal courts in Florida, and each party consents to personal jurisdiction there
• Independent contractor status. No partnership or agency is created
• Assignment requires prior written consent, except we may assign to a successor in interest
• Severability. If any provision is unenforceable, the rest remains in effect
• No waiver is implied by failure to enforce a provision
• Entire agreement. These Terms plus your signed order or SOW form the entire agreement for the covered services
• Headings are for convenience only
• Electronic signatures and records are valid for all purposes

19. How to Contact Us

• Email: [email protected]
• Phone: +1 (239) 351-1359
• Mailing Address: 8687 River Homes Lane #210, Bonita Springs, FL 34135