TERMS & CONDITIONS

Last Updated: 2025-06-01

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your use of services provided by SGM Marketing (“Company,” “we,” “our,” or “us”). By engaging our services, accessing our website, or entering into a service agreement with us, you (“Client,” “you,” or “your”) agree to be bound by these terms.

2. Services Overview

SGM Marketing provides comprehensive digital marketing services including:

2.1 Core Services

• Website Design and Development: Fully responsive websites optimized for all devices

• Booking System Setup: Branded booking pages and calendar connections

• Email & Text Automation: Automated messages triggered by visitor behavior

• Google Search Ads Management: Creation and management of targeted search campaigns

• Review Automation System: Smart filtering to protect reputation and drive 5-star reviews

• Funnel Buildout: Built using GoHighLevel to convert visitors into bookings

• Technical Integrations: Domain setup, DNS configuration, and platform integrations

• Analytics and Performance Tracking: Website and campaign performance monitoring

2.2 Service Delivery

Services are delivered using proprietary templates, workflows, and systems built inside GoHighLevel and connected platforms. Clients do not receive backend access unless explicitly agreed. Ad performance data is accessed solely for campaign management purposes and not resold or repurposed.

3. Service Terms and Timeline

3.1 Initial Setup Period

• Initial setup and launch typically occurs within 1-3 weeks from project commencement

• Timeline may vary based on project complexity and client responsiveness

• Delays caused by client failure to provide required materials will extend the timeline accordingly

3.2 Support HoursSupport is available during the following hours (America/New_York timezone):

• Monday: 8:00 AM to 1:00 PM and 3:00 PM to 7:00 PM

• Tuesday through Saturday: 8:00 AM to 1:00 PM

• Sunday: Closed

• Response time: Within 24 hours during support hours

3.3 Scope of Support

Support includes technical issues related to websites, workflows, emails, integrations, and systems developed by SGM Marketing. Support does not include training on basic platform usage, custom development requests, or issues caused by client modifications.

4. Pricing and Payment Terms

4.1 Service Pricing

• Pricing is established in individual service agreements. Unless otherwise specified:

• All fees are quoted and payable in U.S. Dollars (USD) or Canadian Dollars (CAD)

• Payment terms are net due on the specified billing date

• Late payments (more than 5 calendar days past due) may result in service suspension

4.2 Payment Processing

• Payments are processed through secure third-party payment processors

• Client is responsible for any payment processing fees, chargebacks, or bank fees

• Recurring billing will continue until properly cancelled according to the agreement terms

4.3 Service Suspension

• SGM Marketing reserves the right to suspend services for non-payment, including but not limited to:

• Website and funnel access and/or functionality

• Technical support and/or maintenance

• All automated workflows and/or integrations

5. Client Responsibilities

5.1 Required Client ActionsClients agree to:

• Provide timely access to required platforms, accounts, and credentials

• Supply all requested content, images, branding materials, and approvals promptly

• Respond to communications and requests within reasonable timeframes

• Respond to booking alerts and manage customer communications on their own unless otherwise arranged

• Ensure all provided content complies with applicable laws and regulations

5.2 Content and Materials

• Client warrants they have rights to all provided content and materials

• Client is responsible for accuracy and legality of all provided information

• SGM Marketing is not responsible for verifying client-provided content

6. Intellectual Property Rights

6.1 SGM Marketing Property

• SGM Marketing retains ownership of:

• All proprietary frameworks, templates, and methodologies

• Technical infrastructure and system configurations

• Custom-built websites, funnels, AI tools, and automated workflows

• All code, scripts, and technical implementations

6.2 Client PropertyClients retain ownership of:

• Their business name, trademarks, and brand identity • Domain names registered in their name • Original content and materials they provide

• Customer data and contact lists

6.3 Third-Party Platforms

Access to third-party platforms (GoHighLevel, Google Workspace, etc.) is governed by those platforms’ respective terms of service.

7. Service Guarantees and Limitations

7.1 No Performance Guarantees

• SGM Marketing does not guarantee:

• Specific traffic increases or conversion rates

• Search engine ranking improvements

• Revenue or lead generation results

• Uninterrupted service availability

• Marketing results may vary depending on industry, offer, and audience behaviour.

7.2 Platform Dependencies

Services depend on third-party platforms including GoHighLevel, Google services, and hosting providers. SGM Marketing is not liable for outages or issues with these third-party services.

Performance of AI-generated responses or ad campaign outcomes may vary and are not guaranteed. Ad results depend on platform algorithms and market behavior.

7.3 Industry Limitations

SGM Marketing reserves the right to decline services for businesses in industries that:

• Violate platform terms of service

• Engage in illegal or unethical practices

• Conflict with our company values or capabilities

8. Refund Policy

8.1 General Policy

• No free trials are offered

• All sales are final unless specifically outlined in individual service agreements

• Refunds are considered only in cases of material service delivery failure

8.2 Refund Conditions

Refunds may be considered only if SGM Marketing fails to deliver core contracted services within the agreed timeline, provided:

• Client has fulfilled all their responsibilities under the agreement

• No delays were caused by client actions or inactions

• Request is made within the timeframe specified in the service agreement

9. Termination

9.1 Client TerminationClients may terminate services according to the terms specified in their individual service agreement, typically requiring written notice.

9.2 SGM Marketing Termination

SGM Marketing may terminate services immediately for:

• Non-payment of fees

• Breach of these Terms or service agreement

• Abusive or unprofessional conduct

• Violation of third-party platform terms

9.3 Effect of TerminationUpon termination:

• Access to all SGM Marketing-managed systems will be revoked

• No refunds will be provided for unused services

• Client data will be deleted according to our Privacy Policy: This includes booking, funnel, and messaging data stored in systems we manage on your behalf.

• Any work-in-progress becomes property of SGM Marketing unless paid in full

10. Limitation of Liability

10.1 Liability Cap

SGM Marketing’s total liability under any service agreement is limited to the total amount paid by the Client in the 30 days preceding any claim, except in cases of gross negligence or willful misconduct.

10.2 Excluded Damages

Under no circumstances shall SGM Marketing be liable for:

• Indirect, incidental, special, or consequential damages

• Loss of revenue, profits, data, or business opportunities

• Damages caused by third-party platform failures

• Force majeure events beyond reasonable control

10.3 Third-Party Platforms

SGM Marketing is not responsible for:

• Service outages or performance issues with GoHighLevel or other platforms

• Changes to third-party platform features or pricing

• Data loss caused by third-party platform issues

• Violations of third-party platform terms of service by Client

11. Indemnification

Client agrees to indemnify and hold harmless SGM Marketing from any claims, damages, or liabilities arising from:

• Client’s misuse of provided services or systems

• Violation of applicable laws or regulations by Client

• Client-provided content or materials

• Third-party claims related to Client’s business or conduct

• Unauthorized modifications to SGM Marketing-developed systems

12. Dispute Resolution

12.1 Good Faith Negotiation

Before pursuing formal legal action, parties agree to attempt resolution through direct negotiation for fifteen (15) business days.

12.2 Governing Law and Jurisdiction

These Terms are governed by the laws of Alberta, Canada, and federal laws of Canada.

All disputes shall be resolved in the courts of Calgary, Alberta, Canada.

12.3 Injunctive Relief

Either party may seek injunctive relief to prevent immediate harm or protect confidential information.

13. Communications

13.1 Official Communications

Official communications may be conducted via:

• Email to addresses provided in service agreements

• Phone calls to numbers provided by either party

• Video conferencing platforms

• Text messaging for urgent matters

13.2 Notice Requirements

Written notices must be sent to the addresses specified in individual service agreements and are effective upon receipt.

14. Privacy and Data Protection

14.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

14.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security of data transmitted over the internet.

15. Updates and Modifications

15.1 Terms Updates

SGM Marketing reserves the right to update these Terms at any time. Material changes will be communicated via:

• Email notification to active clients

• Website posting with updated effective date

• Direct communication during service interactions

15.2 Service Changes

We may modify, suspend, or discontinue services with reasonable notice to clients.

16. General Provisions

16.1 Entire Agreement

These Terms, together with individual service agreements and our Privacy Policy, constitute the entire agreement between parties.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.3 Assignment

SGM Marketing may assign these Terms or service agreements. Clients may not assign their rights without written consent.

16.4 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or internet outages.

16.5 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other rights.