Terms & Conditions
Effective date: 1st November 2023
By coming on board with Assurity Ads Agency you accept these terms and conditions in full.
1. Introduction
Welcome to Assurity Ads Agency. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Assurity Ads Agency ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.assurityadsagency.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms and Conditions are posted.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. Business Identification
The Service is provided by Assurity Ads Agency, a digital marketing consultancy specializing in the creation and management of digital advertising strategies. Our registered office is located at:
Assurity Ads Agency
8977 S. 1300 W., Unit 460,
West Jordan, UT 84088
Phone: 877-994-8723
3. Description of Services
Assurity Ads Agency offers a suite of digital marketing services designed to enhance the online presence and advertising effectiveness of our clients. Our services include, but are not limited to:
a. Business consulting to support digital ads strategy, providing expert guidance to align your advertising efforts with your business goals.
b. Onboarding, which encompasses business consulting aimed at articulating your brand's story, audience, and priorities.
c. Management of advertising campaigns on Meta’s Facebook and Instagram platforms, with potential expansion to Google and TikTok ads.
d. Funnel creation and management on the GoHighLevel platform, offering you the choice of self-management or opting for our managed services for a monthly fee.
e. Copywriting services, crafting compelling copy for your ads, funnels, and websites to engage and convert your target audience.
Our services are detailed and tailored to meet the unique needs of each client, ensuring a personalized approach to digital marketing.
4. User Account and Registration
To access certain features of the Service, you may be required to register for an account. When you register for an account, you must:
a. Provide accurate and truthful information.
b. Maintain and promptly update your account information.
c. Maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device.
d. Promptly notify us if you discover or otherwise suspect any security breaches related to the Service.
e. Take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
5. User Responsibilities and Requirements
As a user of the Service, you are required to adhere to certain responsibilities and requirements:
a. You must conduct your business dealings with honesty and integrity, providing accurate and complete information as requested by us and in your use of the Service.
b. You are obliged to read, understand, and comply with all policies, terms, and conditions set forth by Assurity Ads Agency and any third-party platforms we manage on your behalf, such as Facebook.
c. You must acknowledge that the nature of advertising includes variables that are outside of Assurity Ads Agency’s control, and as such, we cannot guarantee specific results.
d. You are expected to maintain open and clear communication with us, promptly addressing any questions or issues that may arise in the course of using our services.
By agreeing to these Terms and Conditions, you acknowledge that you have read, understood, and agreed to be bound by the User Responsibilities and Requirements as outlined above.
6. Payment Terms
a. Fees and Charges: You agree to pay the applicable fees for the services you purchase from the Assurity Ads Agency as set forth on our website or as agreed in a separate written agreement. All fees are due and payable in advance of service delivery.
b. Payment Method: Payments shall be made in United States Dollars (USD) and are acceptable via Bank Transfer or through our Stripe account. You represent and warrant that you have the legal right to use any payment method(s) utilized in connection with any transaction.
c. Onboarding and Service Initiation: Onboarding sessions and the initiation of any services are contingent upon the receipt of payment in full for the scheduled month. The creation of ads remains the intellectual property of Assurity Ads Agency until they are published, at which point ownership transfers to the client.
d. Late Payment: In the event of late payment, services may be suspended or terminated at the discretion of Assurity Ads Agency. It is your responsibility to ensure timely payment to avoid any disruption to your services.
e. Changes in Fees: Assurity Ads Agency reserves the right to modify, change, or discontinue any aspect of the services or fees at any time.
7. Refund and Cancellation Policy
a. Non-Refundable Fees: All payments made to Assurity Ads Agency are non-refundable and non-assessable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service whether planned, accidental or intentional, or any reason whatsoever.
b. Cancellation: You may elect to discontinue the use of our services at any time. However, Assurity Ads Agency does not provide refunds for any services already paid for, regardless of the use or non-use of said services.
8. Intellectual Property Rights
a. Ownership: All original content, features, functionality, and design elements of the Service are and shall remain the exclusive property of Assurity Ads Agency and its licensors. The Service is protected by copyright, trademark, and other United States and international intellectual property or proprietary rights laws.
b. Use of Content: No part of the Service, nor any content, documents, or other materials available through the Service, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
c. Your Content: In relation to the content you upload to the Service or otherwise provide to Assurity Ads Agency, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Assurity Ads Agency’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
9. Third-Party Services and Content
a. Third-Party Services: The Service may contain links to third-party websites or services that are not owned or controlled by Assurity Ads Agency. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
b. Third-Party Content: We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Assurity Ads Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
10. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
11. User Responsibilities and Requirements
a. Client Obligations: As a client of Assurity Ads Agency, you are required to be honest and forthcoming in all dealings with the Agency. You must read, understand, and agree to the policies, terms, and conditions set forth by both Facebook and Assurity Ads Agency.
b. No Guarantee of Results: You acknowledge that the nature of advertising and digital marketing is such that Assurity Ads Agency cannot guarantee any specific results from the use of its services.
c. Communication: You commit to maintaining open and timely communication with Assurity Ads Agency, promptly addressing any questions or issues that may arise in the course of using our services.
12. Modifications to the Service and Prices
a. Service Changes: Assurity Ads Agency reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
b. Price Changes: Prices of all services, including but not limited to monthly subscription plan fees for the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Assurity Ads Agency site or the Service itself.
13. Confidentiality
a. Confidential Information: Both parties agree to keep confidential any proprietary information or trade secrets in any format directly or indirectly disclosed by either party.
b. Protection of Confidentiality: You agree to take all reasonable steps to protect the confidentiality of the Agency’s confidential information and to prevent any unauthorized use or disclosure thereof.
c. Exclusions: Information will not be deemed confidential if it is in the public domain, is already in the receiving party’s possession prior to disclosure by the disclosing party, or is rightfully obtained from a third party without breach of any confidentiality obligation.
14. Disclaimer of Warranties
a. Service "As Is": The service is provided "as is" and "as available" and Assurity Ads Agency and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
b. No Warranty on Results: We make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
15. Limitation of Liability
a. Cap on Liability: In no event will Assurity Ads Agency, or its directors, employees, agents, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.
b. Liability Exclusions: Assurity Ads Agency assumes no liability for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
c. Limitation Period: You agree that any claim you may have arising out of or related to your relationship with Assurity Ads Agency must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
16. Intellectual Property Rights
a. Ownership: All intellectual property rights in or related to the services of Assurity Ads Agency, including but not limited to content, graphics, logos, and service marks, are the exclusive property of Assurity Ads Agency or its licensors.
b. Use of Intellectual Property: Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of Assurity Ads Agency, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Assurity Ads Agency materials or content accessible on the Service.
c. Client Content: Any content, including advertisements, you create using Assurity Ads Agency services remains your property. However, by posting, uploading, inputting, providing, or submitting your content, you are granting Assurity Ads Agency and its affiliated companies permission to use your content in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content.
17. Indemnification
a. Client Indemnification: You agree to indemnify and hold harmless Assurity Ads Agency and its officers, directors, employees, agents, affiliates, third-party content providers, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
b. Agency Indemnification: Assurity Ads Agency agrees to indemnify and hold you harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to the development, operation, maintenance, and contents of Assurity Ads Agency services except for claims arising from your breach of these Terms and Conditions or as otherwise set out herein.
18. Termination
a. Termination by Assurity Ads Agency: Assurity Ads Agency may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
b. Termination by You: If you wish to terminate this Agreement or your Assurity Ads Agency account (if you have one), you may simply discontinue using the Service.
c. Effect of Termination: All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Governing Law
a.Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
b. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and Assurity Ads Agency agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
c. Binding Arbitration: If you and Assurity Ads Agency are unable to resolve a Dispute through informal negotiations, either you or Assurity Ads Agency may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted in the State of Utah under the rules of the American Arbitration Association.
d. Restrictions: You and Assurity Ads Agency agree that any arbitration shall be limited to the Dispute between Assurity Ads Agency and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
e. Exceptions to Informal Negotiations and Arbitration: You and Assurity Ads Agency agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Assurity Ads Agency's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
20. Entire Agreement/Severability
a. Entire Agreement: These Terms, together with any amendments and any additional agreements you may enter into with Assurity Ads Agency in connection with the Service, shall constitute the entire agreement between you and Assurity Ads Agency concerning the Service.
b. Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
21. User Data
a. Data Retention: Assurity Ads Agency will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.
b. Data Protection: You agree that Assurity Ads Agency shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Assurity Ads Agency arising from any such loss or corruption of such data.
Please refer to our privacy policy for more information on this section.
22. Electronic Communications
a. Consent to Receive Communications Electronically: By using the Service, you consent to receiving electronic communications from Assurity Ads Agency. These communications will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails, and other transactional information) and are part of your relationship with Assurity Ads Agency.
b. Electronic Notices: You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
23. No Waiver
a. Enforcement of Terms: The failure of Assurity Ads Agency to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
b. Waiver: Any waiver of any provision of these Terms will be effective only if in writing and signed by Assurity Ads Agency.
24. Amendments to Terms
a. Acceptance of Amendments: Your continued use of the Service after any amendments or alterations to these Terms have been made will constitute your acceptance of such changes.
b. Notification of Amendments: You acknowledge and agree that Assurity Ads Agency is under no obligation to provide specific notice of any changes to the Terms, and that your continued use of the Service following any changes constitutes your acceptance of the changes.
25. Feedback
a. Submission of Feedback: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions"), provided by you to Assurity Ads Agency are non-confidential and Assurity Ads Agency shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
26. Third-Party Links
a. Third-Party Sites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Assurity Ads Agency has no control over such sites and resources and Assurity Ads Agency is not responsible for and does not endorse such sites and resources.
b. Third-Party Interactions: Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
27. Limitation of Liability
a. Liability Cap: In no event shall Assurity Ads Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
b. Damages Limit: Assurity Ads Agency’s total liability to you for all claims arising from or relating to the Service or these Terms, whether in contract, tort, or otherwise, is limited to the amounts you have paid to Assurity Ads Agency for access to and use of the Service during the twelve (12) months prior to the claim.
28. Force Majeure
a. Non-Liability for Unforeseen Events: Neither party shall be liable to the other for any delay or failure in performance under these Terms arising out of a cause beyond their control and without their fault or negligence. Such causes may include, but are not limited to, acts of God or public enemy, government restrictions, natural disasters, terrorist acts, internet outages, or any other unforeseeable event beyond the control of either party.
29. Acknowledgment of Full Understanding
By using the Service, you affirm that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions. You acknowledge that these Terms constitute a binding and enforceable legal contract between Assurity Ads Agency and you. If you do not agree to these terms, you are not authorized to use the Service. Your continued use of the Service signifies your ongoing agreement to these Terms and any future modifications thereof.
30. Contact Information
If you have any questions about these Terms, please contact Assurity Ads Agency at:
Assurity Ads Agency
8977 S. 1300 W., #460
West Jordan, UT 84088
Phone: 877-994-8723
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