Terms of Service

1. Acceptance of Terms

By accessing and using this website operated by LeadNestX Marketing Agency, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website located at leadnestx.com (the "Service") operated by LeadNestX Marketing Agency ("us", "we", or "our"). Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

2. Description of Services

LeadNestX Marketing Agency provides digital marketing services including but not limited to search engine optimization (SEO), social media marketing, content marketing, pay-per-click advertising, web design and development, and email marketing solutions. Our services are designed to help businesses grow their online presence and generate leads through effective digital marketing strategies.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

3. User Accounts and Registration

To access certain features of our Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of LeadNestX Marketing Agency and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of any content you submit to our services, including text, images, videos, and other materials. However, by submitting content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing and improving our services.

You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not infringe upon any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights.

5. Payment Terms

Payment terms for our services will be outlined in individual service agreements or contracts. Unless otherwise specified, payment is due within thirty (30) days of the invoice date. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

All fees are exclusive of taxes, duties, and assessments, which shall be borne by the client. We reserve the right to modify our pricing at any time, with changes taking effect for new contracts or upon renewal of existing agreements.

In the event of non-payment, we reserve the right to suspend or terminate services after providing written notice and a reasonable opportunity to cure the default. Collection costs and reasonable attorney fees may be added to any outstanding balance.

6. Client Obligations and Responsibilities

Clients are responsible for providing accurate and complete information necessary for the performance of services. This includes but is not limited to business information, target audience details, existing marketing materials, and access to necessary platforms and accounts.

Clients must comply with all applicable laws and regulations, including but not limited to advertising standards, data protection laws (such as GDPR and CCPA), and platform-specific terms of service. We reserve the right to refuse or discontinue services for clients whose content or activities violate applicable laws or regulations.

Clients are responsible for reviewing and approving all content, campaigns, and materials before they are published or deployed. While we provide professional recommendations, the final decision on content and strategy rests with the client.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

We may process personal data on behalf of our clients as part of providing our services. In such cases, we act as a data processor, and our clients remain the data controllers responsible for complying with applicable data protection laws.

8. Limitation of Liability

In no event shall LeadNestX Marketing Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for all damages arising out of or relating to these Terms or the Service shall not exceed the amount you have paid us for the services giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim, or one thousand dollars ($1,000), whichever is greater.

We do not guarantee that our services will result in specific business outcomes, including but not limited to increased sales, improved search rankings, or enhanced brand awareness. Marketing results depend on numerous factors beyond our control, including market conditions, competition, and client implementation.

9. Service Level and Warranties

We strive to provide high-quality services and maintain uptime for our website. However, we do not warrant that the Service will be uninterrupted, secure, or error-free. The Service is provided on an "as is" and "as available" basis without warranties of any kind.

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If we breach this warranty, our sole obligation shall be to re-perform the services at no additional charge to you.

Except as expressly provided in these Terms, we disclaim all other warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

Either party may terminate the services at any time with thirty (30) days written notice. Upon termination, the client shall pay for all services performed up to the termination date. We will provide reasonable cooperation in transferring any ongoing projects or assets to the client or their new service provider.

Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless LeadNestX Marketing Agency and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, your violation of any term of these Terms, or your violation of any third-party rights.

This indemnification obligation will survive the termination of these Terms and your use of the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

12. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to events beyond our reasonable control, including but not limited to acts of God, labor disputes, government actions, Internet service provider failures or delays, or equipment failures.

In the event of a force majeure, we will use reasonable efforts to minimize the impact and duration of the delay. If the force majeure event continues for more than thirty (30) days, either party may terminate the affected services by providing written notice.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Philippines, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) rules.

The arbitration shall be conducted in Iloilo City, Philippines, and the language of arbitration shall be English. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

15. Contact Information

If you have any questions about these Terms of Service, please contact us using the following information:

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and LeadNestX Marketing Agency regarding the use of the Service and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.