These Terms govern use of our website and the month-to-month marketing, advertising, website, lead-delivery, review-request, reporting, consulting, and related services provided by Two Dot Media LLC.
1. Agreement, eligibility, and scope
These Terms of Service, referred to as the “Terms,” are a binding agreement between Two Dot Media LLC, referred to as “Two Dot Media,” “we,” “us,” or “our,” and the person or business using our website or services, referred to as “you” or “Client.” You must be at least 18 years old. If you order, authorize, accept, or pay for Services for a business, you represent that you have authority to bind that business and accept the Agreement on its behalf. You also agree in your individual capacity to the representations about your authority and the restrictions governing your own use of our materials and systems. A representative does not personally guarantee a business's payment obligations merely by acting for it; any personal guarantee must be separately and expressly agreed in writing.
By checking the consent box and submitting our contact form, you agree to these Terms and acknowledge our Privacy Policy. Submitting an inquiry does not require you to purchase services and does not require us to accept an engagement.
After receiving these Terms, or a conspicuous link to them together with notice that the following action constitutes acceptance, you accept them by signing or electronically accepting a proposal, order form, statement of work, insertion order, or other service document; requesting or authorizing us to begin or continue Services; knowingly accepting performance of the requested Services; or making or expressly authorizing a payment for those Services. Acceptance applies to you as described above and to the business you are authorized to represent. Payment by an unrelated third party does not, by itself, establish authority to bind a business.
For clients already receiving Services when these Terms are revised, the revised Terms apply only after notice and acceptance through a method described above, and only prospectively. Posting a revision, silence, or processing an automatic payment under an earlier authorization does not by itself establish acceptance of new material terms. These Terms do not retroactively replace an existing agreement, withdraw an already-granted license, or alter rights in completed work or a dispute that arose before the revision. We retain prior versions and publication records.
A signed proposal, order form, statement of work, insertion order, data-processing agreement, or other written service agreement is a “Service Document.” If a Service Document conflicts with these Terms, the Service Document controls for that conflict. Together, the applicable Service Documents, these Terms, and the Privacy Policy form the “Agreement.”
2. Services and changes in scope
We may provide digital advertising management, website and landing-page services, creative production, lead delivery and follow-up tools, review-request services, analytics, reporting, account setup, consulting, and related work identified in a Service Document, collectively the “Services.” Website descriptions and published prices are general information, not a promise that a particular feature, channel, price, timeline, or result applies to every engagement.
The Service Document defines the included channels, deliverables, fees, advertising budget, timeline, dependencies, and any special terms. Work outside that scope requires written approval and may require additional fees or a revised schedule. We may improve or change our methods, vendors, workflows, or personnel if the change does not materially reduce the purchased Service.
We may use employees, contractors, affiliates, automation, and third-party service providers to perform the Services. We remain responsible for the work we agree to provide, subject to the limitations in the Agreement.
3. Month-to-month term, renewal, and cancellation
Unless a Service Document states otherwise, recurring Services are month-to-month and automatically renew on each billing date until canceled. There is no long-term commitment, but each paid billing period is a complete service period.
To cancel, Client must submit written notice through our contact form before the next billing date. The message must identify the Client and Service and state “Service cancellation.” Cancellation becomes effective at the end of the then-current paid billing period. Notice received on or after a billing date applies to the next billing period. Cancellation is not retroactive, and stopping ad campaigns, removing account access, disputing a charge, or ceasing communication does not by itself cancel Services.
Client remains responsible for fees, media spend, platform charges, approved expenses, and other amounts incurred through the effective cancellation date. Access, delivery of materials, and any orderly handoff are governed by Section 9 and the applicable Service Document. Payment disputes do not override access or data rights required by law or platform rules.
4. Fees, billing, advertising spend, and refunds
Client will pay the fees, taxes, advertising budgets, platform charges, and approved expenses stated in the Service Document or invoice. Recurring service fees are generally billed in advance. One-time projects may be billed in advance, by milestone, or as otherwise stated. Advertising spend and third-party charges are separate from our management fees unless a Service Document expressly includes them.
Except where applicable law requires otherwise or a written Service Document signed by Two Dot Media expressly provides otherwise, payments are non-refundable and non-creditable. This includes payments for recurring Services, partial billing periods, completed or partially completed work, reserved production time, setup or onboarding work, creative work, website work, and third-party costs. Advertising spend, platform charges, payment-processing fees, purchased domains, licenses, media, and other pass-through costs are non-refundable once incurred or committed.
Billing reminders are a courtesy. Failure to send or receive a reminder does not change the billing date, renewal, cancellation deadline, or Client’s payment obligation. Client must keep billing and contact information current and promptly report a suspected billing error.
Past-due amounts may accrue the lesser of 1.5 percent per month or the maximum rate permitted by law, plus reasonable collection costs. We may pause Services, campaigns, lead delivery, support, or publication while an amount is overdue. A pause for nonpayment does not waive amounts owed or automatically extend a billing period or deadline.
Before initiating a chargeback or payment dispute, Client should contact us and provide a reasonable opportunity to investigate. This sentence does not waive any nonwaivable right under applicable law.
5. Client responsibilities and approvals
Client will:
- provide timely, accurate, and complete business information, service areas, offers, pricing, licenses, disclaimers, credentials, access, budgets, and approvals reasonably needed for the Services;
- review deliverables, campaigns, websites, claims, targeting, and account changes promptly, and notify us of errors or required changes;
- maintain the licenses, insurance, permits, registrations, qualifications, and lawful business practices required for the products or services Client advertises;
- honor offers, warranties, representations, appointments, and commitments made to customers;
- comply with advertising, privacy, telemarketing, text-message, email, consumer-protection, intellectual-property, industry, and platform rules applicable to Client’s business and use of the Services; and
- protect account credentials, use reasonable security controls, and promptly notify us of unauthorized access or a material change affecting the Services.
Client is responsible for the accuracy, legality, and substantiation of Client-supplied claims and materials. We may rely on information and approvals from Client’s owners, employees, contractors, or other apparent authorized representatives. Delayed information, approval, access, or payment may delay or limit performance without creating a refund or credit.
6. Advertising authorization and account management
Client authorizes us to create, edit, publish, pause, and manage campaigns, audiences, creative, tracking, forms, budgets, websites, and related settings within the approved scope. Client also authorizes applicable platforms and payment providers to charge the approved media budget and platform costs using Client’s selected payment method.
Budgets, bids, and platform delivery may fluctuate. Unless expressly agreed in writing, an advertising budget is a target or limit for platform delivery, not a guarantee that the exact amount will be spent in a calendar day or month. Client is responsible for monitoring available credit and platform charges and for promptly reporting an unauthorized or incorrect charge.
We may refuse, revise, pause, or remove content that we reasonably believe is unlawful, deceptive, unsafe, unsupported, infringing, prohibited by platform policy, or likely to damage an account or another party.
7. Results are not guaranteed
Marketing, advertising, search visibility, website traffic, leads, calls, appointments, reviews, sales, revenue, profit, return on advertising spend, and other results are not guaranteed. Results depend on factors outside our control, including Client’s offer, pricing, reputation, service quality, sales follow-up, response time, market demand, seasonality, competition, budget, location, economic conditions, platform decisions, and changes in law or technology.
Case studies, testimonials, historical metrics, forecasts, estimates, projections, examples, and prior performance describe particular circumstances. They are not promises of future performance or representations that another client will achieve the same outcome. Client remains responsible for business decisions, staffing, capacity, pricing, customer service, and evaluating whether the Services are commercially appropriate.
8. Third-party platforms and service interruptions
The Services may depend on Google, Meta, TikTok, website hosts, domain registrars, communications providers, payment processors, customer relationship management systems, review platforms, data providers, and other third parties. Their terms and privacy practices may apply separately.
We do not control and are not responsible for a third party’s outage, delay, data loss, billing practice, security event, policy change, price change, account review, rejection, suspension, restriction, algorithm, or discontinuation. We will use commercially reasonable efforts to address an issue within our control, but we cannot guarantee approval, reinstatement, uninterrupted availability, or continued access to a particular platform or feature.
9. Intellectual property, advertising accounts, and licenses
Our service fees purchase the Services and the limited rights expressly stated in the Agreement. They do not purchase ownership of Two Dot Media's intellectual property, agency infrastructure, or agency-owned advertising accounts. This section applies across Google Ads, Google Local Services Ads, Meta advertising on Facebook and Instagram, TikTok Ads, and other advertising, analytics, website, and marketing platforms we use. Applicable law, binding platform requirements, and any controlling Service Document govern where they require a different result.
Client materials and data
Client retains its rights in its preexisting or supplied trademarks, logos, photographs, copy, customer information, account content, and other materials. Client grants us a nonexclusive license during the engagement to use, reproduce, adapt, host, and display those materials as reasonably necessary to provide the agreed Services. Client represents that it has the required rights and permissions. Our ownership provisions do not convert Client materials, Client account data, customer lists, leads, or personal information into our exclusive property. Personal information remains subject to the Privacy Policy, applicable data-processing agreements, and law.
Two Dot Media intellectual property
As between the parties, Two Dot Media retains all rights it owns in creative work, advertising copy, graphics, videos, landing-page designs, campaign structures, templates, research compilations, working files, code, software, automations, prompts, processes, documentation, reporting formats, tools, libraries, design systems, and improvements that we create or supply. This includes both preexisting materials and materials developed while performing Services, subject to Client materials, the licenses below, and third-party rights. The Agreement does not claim exclusive rights in unprotectable facts, general ideas, public information, or materials we do not own.
Unless a separate Service Document signed by Two Dot Media expressly identifies an assignment, our work is licensed, not sold, and is not commissioned as a work made for hire to the extent permitted by law. Payment for setup, management, media spend, creative production, or other Services does not by itself assign copyright, other intellectual-property rights, an account, or source files. No assignment or broader license arises solely because materials carry Client branding, run in a Client account, or are accessible through platform permissions.
Permitted use of deliverables
The Service Document controls any agreed deliverable or license. Unless it states otherwise, after full payment Client receives a nonexclusive, perpetual license to use final, client-specific deliverables expressly provided to Client as completed deliverables for Client's own business. Client may allow a replacement provider to use those licensed deliverables solely for that business, subject to the same restrictions. Ownership remains with Two Dot Media. This license does not include drafts, rejected concepts, editable source files, raw production files, internal research, reusable systems, or standalone access to embedded tools. Third-party materials remain subject to their own licenses.
Materials used only to operate a managed campaign or hosted service, and not included as completed deliverables, are licensed solely as needed to receive that Service during its paid term. Their use in a live campaign does not alone make them a separately purchased deliverable. This distinction does not reduce any deliverable expressly promised in a Service Document or permit us to withhold data or access required by law or platform rules.
Except as expressly licensed or required by law, Client may not copy, resell, sublicense, distribute, extract, reverse engineer, or authorize another provider to reuse Two Dot Media materials, or remove proprietary notices. These restrictions do not prevent use of Client's own materials and data, independently developed work, or final deliverables within the license granted above. A separate purchase of source files, expanded rights, or an assignment requires our written agreement and any separately agreed fee.
Agency infrastructure
Two Dot Media retains ownership and control of its own agency manager accounts, business portfolios, Business Centers, software subscriptions, and shared infrastructure, subject to each provider's rights and rules. Client purchases no interest in those agency systems and has no right to other clients' information, agency credentials, or access beyond Client's own engagement.
Advertising accounts created and owned by Two Dot Media
Our default arrangement for a new advertising account is agency ownership where the platform permits it and Client accepts that arrangement before creation. Under that agreed arrangement, Two Dot Media creates and retains the advertising account itself, not merely permission to manage an account owned by Client. We will identify this arrangement in the proposal, order, or written setup notice before Client authorizes creation. A Service Document may instead expressly provide for Client ownership.
As between the parties, an account created under the accepted agency-owned arrangement remains Two Dot Media's account during and after the engagement, subject to applicable law and binding platform requirements. Client purchases advertising management and the licenses expressly granted in the Agreement. Client does not purchase the account by paying setup fees, management fees, media spend, or other charges, supplying a payment method, or having its name, branding, or advertising displayed in that account. Termination, a change of marketing provider, or a demand for handoff does not by itself assign that account or require its sale or transfer. Any voluntary assignment requires a separate Service Document signed by Two Dot Media that identifies the account and the rights being assigned.
For Google Ads, creating a new advertiser account through our manager account automatically gives that manager ownership in Google's system. That is different from linking an existing account, which does not automatically give the manager ownership. This platform ownership carries administrative privileges; it does not eliminate the client account's data ownership or administrative rights under Google's rules, or override a different contractual entitlement. For every platform, our retained account rights remain subject to the access, reporting, data, and handoff requirements below.
Client-owned accounts
An account that Client supplies, already owns, or that we agree to create for Client ownership remains a Client account. Linking or administering it through our agency systems does not transfer Client's rights to us. A platform's technical designation of owner, manager, administrator, or partner does not alone decide the parties' contractual rights or ownership of material within the account. Likewise, administrative access to an account does not assign Two Dot Media's intellectual property or expand a license to it.
Access, reporting, and handoff
We provide Client information, reporting, account identifiers, and access as required by the applicable platform, law, and Service Document. For Google advertising, this includes providing the customer ID when requested by the customer and required cost and performance information. We may verify the requester's identity and authority without using that process to obstruct required access. Administrative access is distinct from permission to copy or assign Two Dot Media intellectual property.
We do not promise transfer of agency-owned accounts, agency infrastructure, software, campaign history, audiences, pixels, or other assets where no transfer right has been agreed or is required. Any optional transfer or additional migration work requires a written agreement, any agreed fee, and platform approval where applicable. For Client-owned accounts, termination includes the release of our management access as required by the platform and Agreement. For an agency-owned account, termination ends the purchased management Service and does not itself convey our retained account rights or intellectual property to Client. In either case, we will honor Client's rights to its data and licensed deliverables and any access, unlinking, or transfer required by law, binding platform rules, or the Service Document. We will not condition legally or platform-required access, identifiers, unlinking, or data delivery on payment of a disputed fee, or intentionally damage a Client account.
Verification credentials, background checks, licenses, insurance, and screened-person status are not transferable intellectual property. We will not use one person's or business's verification to misrepresent another's eligibility or bypass platform requirements. Any change in account control or advertised business must comply with the platform's applicable verification and security process.
10. Confidentiality and data
Each party will use reasonable care to protect nonpublic business, financial, technical, customer, and strategic information disclosed by the other party and will use it only for the Agreement. Confidential information does not include information that was lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed without use of the other party’s confidential information.
A party may disclose confidential information to personnel, contractors, advisers, and service providers that need it and are subject to appropriate confidentiality obligations, or when disclosure is legally required. If legally permitted, the receiving party will give reasonable notice before a compelled disclosure.
Our handling of personal information is also governed by the Privacy Policy and any applicable data-processing agreement.
11. Suspension and termination
We may suspend or terminate all or part of the Services upon written notice if Client fails to pay, materially breaches the Agreement, withholds required access or approvals, creates a security or legal risk, requests unlawful or deceptive work, violates platform rules, abuses our personnel or systems, or makes continued performance impracticable. When a breach can reasonably be cured, we may provide an opportunity to cure, but we are not required to continue an active campaign or unsafe configuration during the cure period.
Either party may decline to renew month-to-month Services by giving the cancellation notice described in Section 3. Termination does not affect rights or payment obligations that accrued before termination. Sections concerning fees, refunds, ownership, confidentiality, disclaimers, liability, indemnity, disputes, and miscellaneous terms survive.
12. Disclaimers
To the maximum extent permitted by law, the website and Services are provided “as is” and “as available.” Except for an express written commitment in a Service Document, Two Dot Media disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, uninterrupted operation, accuracy, and error-free performance.
We do not provide legal, tax, accounting, financial, insurance, licensing, or regulatory advice. Client should obtain qualified professional advice for its business and industry.
13. Limitation of liability
To the maximum extent permitted by law, neither Two Dot Media nor its owners, employees, contractors, or affiliates will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, data, goodwill, customers, opportunities, or business interruption; or costs of substitute services, arising from or related to the website, Services, Agreement, or a third-party platform, even if advised that such damages were possible.
To the maximum extent permitted by law, the aggregate liability of Two Dot Media and its owners, employees, contractors, and affiliates for all claims arising from or related to a particular Service will not exceed the fees actually paid to Two Dot Media for that Service during the three months immediately preceding the event giving rise to the claim. This cap does not include media spend or third-party charges and does not limit liability that cannot lawfully be limited.
14. Client indemnity
To the maximum extent permitted by law, Client will defend, indemnify, and hold harmless Two Dot Media and its owners, employees, contractors, and affiliates from third-party claims, damages, penalties, judgments, settlements, liabilities, and reasonable legal fees arising from Client’s products or services; Client materials, claims, instructions, lists, data, or offers; Client’s breach of the Agreement; Client’s violation of law or platform rules; or Client’s infringement or misuse of another party’s rights. We will provide reasonable notice of a covered claim and may participate with counsel of our choice at our expense. Client may not settle a claim in a way that admits fault by or imposes an obligation on an indemnified party without written consent.
15. Disputes and governing law
Before filing a lawsuit, a party must send written notice describing the dispute and requested resolution and allow 30 days for good-faith informal resolution. This requirement does not prevent a party from seeking urgent injunctive relief or taking action before a legal deadline expires.
The Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any legal action that is not resolved informally must be brought in a state or federal court of competent jurisdiction located in the Texas county where Two Dot Media maintains its principal place of business, unless applicable law requires another venue. Each party consents to personal jurisdiction and venue in those courts.
16. Electronic communications and notices
Client consents to electronic communications concerning inquiries, proposals, Services, account access, security, billing reminders, invoices, renewals, cancellations, and changes to the Agreement. Notices may be sent to the most recent email address or phone number provided by Client. Client must keep contact information current.
A notice to Two Dot Media must be submitted through our contact form. A cancellation notice must clearly identify the Client and the Service to be canceled. Marketing consent may be withdrawn as described in the Privacy Policy; operational and billing communications may continue while an inquiry, balance, or service relationship remains active.
17. Changes to these Terms
We may update these Terms for future website use and future Services. For an active client, a material change applies prospectively after notice and acceptance through a method described in Section 1, unless a Service Document or applicable law requires a different process. A change does not retroactively alter fees already paid, work already completed, or a dispute that arose before the change.
18. Miscellaneous
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, utility or network failures, platform outages, labor disputes, war, terrorism, civil unrest, government action, epidemic, or similar force majeure events. Payment obligations for work already performed or costs already incurred are not excused.
Client may not assign the Agreement without our written consent, except in connection with a bona fide sale of substantially all of Client’s business or assets if the successor assumes the Agreement. We may assign the Agreement to an affiliate or successor in connection with a reorganization, financing, merger, or sale.
If any provision is held unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will remain effective. A waiver must be in writing and applies only to the stated instance. Headings are for convenience. “Including” means “including without limitation.” The Agreement is the entire agreement concerning its subject and supersedes prior oral or written discussions on that subject, except that a signed Service Document controls as stated in Section 1.
19. Contact us
Two Dot Media LLCContact form: Submit a message
Phone: (817) 886-3339