Terms & Conditions
Acceptance
By accessing nichefindermarketing.com or purchasing a subscription you agree to these Terms.
Effective Date: The date you ("Subscriber") sign, click "Accept," or otherwise begin using the subscription services provided by the "Service Provider."
Purpose
These Terms govern the provision of ongoing digital-marketing, advertising, and related consulting services ("Services") delivered on a subscription basis. They constitute the entire agreement between Subscriber and Service Provider and supersede all prior discussions or proposals.
Scope of Services
- The specific activities (e.g., ad/platform setup, weekly optimization, reporting) are described in the current Service Package or Statement of Work posted on our site or attached to your order confirmation.
- Any Services outside that scope require a separate written addendum.
Subscriber Responsibilities
- Supply all access credentials, brand assets, and timely feedback needed for Service Provider to perform the Services.
- Review deliverables and respond within 14 calendar days when feedback is requested; silence after that period counts as acceptance.
Fees, Billing & Payment
- Subscription Fee. The monthly fee listed at checkout or in your Service Package covers all recurring Services.
- Invoicing & Due Date. Invoices are issued monthly in advance and are payable within 14 days.
- Late Payments. Accounts more than 14 days past-due may be paused or terminated until payment is received.
- Pass-Through Costs. Media budgets (e.g., Google Ads spend) and pre-approved third-party expenses (e.g., stock images, SaaS tools) are paid directly by Subscriber or reimbursed at cost.
Term & Termination
- Term. Service begins on the Effective Date and renews month-to-month.
- Cancellation for Convenience. Either party may cancel anytime with 30 days' written notice. Services and fees continue through the notice period.
- Termination for Breach. A material breach not cured within 14 days of written notice allows the non-breaching party to terminate immediately.
- Effect of Termination. Subscriber owes all fees earned or costs incurred up to the final service day; prepaid fees may be non-refundable.
Intellectual-Property Rights
- Deliverables. Upon full payment, ownership of campaign deliverables (ads, reports, creative files) transfers to Subscriber.
- Provider Tools & Know-How. Proprietary scripts, templates, or methodologies remain the exclusive property of Service Provider; Subscriber receives a non-exclusive license to use them only for internal business purposes.
Confidentiality
- Service Provider warrants work will be performed in a professional, workman-like manner consistent with industry standards.
- No Guaranteed Results. Because performance depends on many factors outside our control (platform algorithms, market conditions, Subscriber website), specific rankings, leads, or revenue outcomes are not guaranteed.
Limitation of Liability
- Maximum aggregate liability of Service Provider for any claim is limited to the total subscription fees paid in the six (6) months preceding the event giving rise to the claim.
- Neither party is liable for indirect, incidental, or consequential damages, including lost profits.
Indemnification
- Subscriber agrees to indemnify and hold Service Provider harmless from claims arising from Subscriber-supplied materials (e.g., trademark infringement).
- Service Provider agrees to indemnify Subscriber for claims arising from Service Provider's breach of these Terms.
Force Majeure
Neither party is liable for delays caused by events beyond reasonable control (e.g., natural disasters, pandemics, government orders). Affected obligations are suspended for the event's duration.
Modifications
Service Provider may update these Terms by posting a revised version and giving at least 30 days' notice. Continued use of the Services after that notice constitutes acceptance of the revised Terms.
Governing Law & Venue
Unless otherwise required by local law, these Terms are governed by the laws of the Service Provider's principal place of business, and any dispute shall be resolved in those courts.
Contact
Questions about these Terms & Conditions may be sent to: