These Terms of Service ("Terms") govern the provision of services by CapitalHeavenLLC to its clients. By engaging our services, you agree to be bound by these Terms together with the applicable Statement of Work or service agreement.
Scope of services
We provide performance marketing services including, but not limited to, paid media management on Meta, Google and TikTok, conversion rate optimization, analytics implementation and strategic consulting. The specific services, deliverables, timelines and fees applicable to each engagement are defined in a separate Statement of Work or service agreement.
Client responsibilities
The client agrees to provide timely access to advertising accounts, analytics platforms, brand assets, and any other resources reasonably required to perform the services. The client is responsible for the accuracy of information provided, compliance of its own products and claims with applicable advertising regulations and platform policies, and for funding ad spend directly with the relevant advertising platforms.
Fees and payment terms
Fees are set out in the applicable Statement of Work and are invoiced monthly in advance unless otherwise agreed. Payment terms are net 14 days from the date of invoice. Late payments may incur statutory interest. All fees are exclusive of VAT, which is added where applicable. Media spend is paid directly to advertising platforms by the client.
Intellectual property
Pre-existing intellectual property of either party remains the property of that party. Materials specifically created for the client during the engagement (such as ad creative, copy, landing page designs and strategy documents) become the property of the client upon full payment of all amounts due. We retain the right to reference the engagement in our portfolio in a reasonable and non-confidential manner unless otherwise agreed in writing.
Limitation of liability
To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the services is limited to the fees paid by the client for the three (3) months immediately preceding the event giving rise to the claim. We are not liable for any indirect, incidental, consequential or special damages, including loss of profits or revenue. Nothing in these Terms limits liability that cannot be limited under applicable law.
Termination
Either party may terminate the engagement with thirty (30) days' written notice. Either party may terminate immediately for material breach that has not been cured within fifteen (15) days of written notice. Upon termination, the client remains responsible for fees and costs incurred up to the effective termination date.
Governing law
These Terms are governed by the laws of Wyoming, USA. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Sheridan, Wyoming.
Contact information
For questions about these Terms, contact us at finace@capitalheavenllc.com.