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Terms & Conditions

Services Provided

TBM agrees to provide the digital marketing solutions outlined in the separate service agreement or proposal, which may include, but are not limited to: Local SEO Optimization, Social Media Content Creation, Reputation Management, Email Marketing, Digital Advertising (PPC), Website Design, and access to the TBM Client Dashboard and mobile application.

Client Responsibilities

The Client agrees to:

  • Provide timely and complete access to all necessary accounts (e.g., website backend, Google Business Profile, social media accounts) required for TBM to perform the agreed-upon SEO strategy and content marketing.

  • Supply all necessary content, images, and branding guidelines promptly.

  • Review and approve all materials and campaigns in a timely manner.

  • Ensure that all provided content adheres to copyright laws and is legally permissible for use in advertising and digital assets.

Payments and Fees

  • Service Fees: All fees are outlined in the specific service proposal. Fees are typically due in advance of the service period (e.g., monthly).

  • Payment Terms: Failure to remit payment within the specified timeframe may result in the temporary suspension of services, including but not limited to the cessation of social media posting, PPC campaign management, and Local SEO updates.

  • Ad Spend: If services include Digital Advertising (PPC/Streaming Ads), the ad spend budget is separate from TBM’s management fee and is typically paid directly by the Client to the platform (Google, Meta, etc.).

Intellectual Property

 

  • Client Property: All intellectual property owned by the Client prior to this engagement remains the exclusive property of the Client.

  • Agency Property: TBM retains all ownership rights to any proprietary tools, methodologies, and the TBM Client Dashboard platform used in the delivery of services.

  • Work Product: Upon full payment for services rendered, the Client shall generally own the finished, client-specific content and creative work created by TBM (e.g., finalized graphics, blog posts). TBM retains the right to use such work for promotional purposes.

 

5. Results and Liability Disclaimer

 

  • No Guarantees: TBM provides expert digital marketing strategies aimed at achieving business growth and high ROI. However, due to the fluid nature of search engine algorithms (e.g., Google's SEO ranking factors), competitor actions, and consumer behavior, TBM does not guarantee specific results such as a specific keyword ranking improvement, number of leads, or sales conversion rates.

  • Liability Limitation: The Client acknowledges that digital marketing inherently involves risks. TBM shall not be held liable for any direct, indirect, incidental, or consequential business loss, damages, claims, or liabilities arising from the use or inability to use the services, including, but not limited to, loss of profits, downtime, or negative impacts on Reputation Management. TBM’s total liability for any claim shall not exceed the total fees paid by the Client to TBM for the previous one (1) month of services.

 

6. Confidentiality

 

TBM and the Client agree to treat all non-public information received from the other party as confidential and shall not disclose such information to any third party without prior written consent, except as required by law.

 

7. Termination

 

  • Term: The initial term of service will be outlined in the service agreement.

  • Termination Notice: Either party may terminate this Agreement by providing written notice, usually 30 days in advance, as specified in the service agreement.

  • Post-Termination: Upon termination, the Client is responsible for paying all outstanding fees for work completed up to the termination date. TBM will cease management and assistance with account access will be provided to the Client to regain control of their digital assets.

 

8. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, and the parties agree to submit to the exclusive jurisdiction of the courts located in Bristol, Tennessee.

 

9. Entire Agreement

 

This Agreement, together with the specific service proposal, constitutes the entire understanding between the parties and supersedes all prior agreements, oral or written.

By utilizing Track Bar Media's services, you confirm that you have read, understood, and agree to these Terms and Conditions.

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