Artifax Media Terms of Service

Artifax Media provides marketing and digital growth services for businesses, including services such as:

• Google Ads management
• Local search engine optimization
• Google Business Profile optimization
• Website and landing-page design
• Conversion optimization
• Lead and call tracking
• Marketing analytics
• Strategy and consulting
• Related digital marketing services

The specific services provided to a client will be described in a proposal, statement of work, order form, written agreement, or other written communication accepted by Artifax Media and the client.

You may use this website only for lawful purposes.

You agree not to:

• Attempt to gain unauthorized access to the website, systems, accounts, or infrastructure
• Interfere with or disrupt the operation or security of the website
• Introduce malware, malicious code, automated attacks, or harmful technologies
• Scrape or extract information from the website in a manner that creates unreasonable technical load
• Use the website to violate applicable laws or the rights of others
• Misrepresent your identity or affiliation when submitting information
• Submit fraudulent, misleading, abusive, or unlawful information

We may restrict or block access to the website when reasonably necessary to protect Artifax Media, our systems, our clients, or others.

Artifax Media may offer free website reviews, Google visibility audits, consultations, or similar assessments.

These services are provided for informational and business-development purposes.

A free audit may include observations relating to:

• Google Search visibility
• Google Business Profile
• Website structure
• Local SEO
• Competitor activity
• Google Ads opportunities
• Conversion opportunities

A free audit is not a guarantee of future performance and does not create a client relationship unless both parties separately agree to paid services.

Artifax Media is not obligated to provide an audit to every person or business that submits a request.

We may decline requests at our discretion.

Digital marketing results depend on many factors outside Artifax Media's control.

These may include:

• Market competition
• Search demand
• Advertising budgets
• Google algorithm changes
• Google Ads auction conditions
• Website quality
• Client reputation
• Reviews
• Pricing
• Sales processes
• Geographic location
• Customer demand
• Client responsiveness
• Third-party platform policies
• Economic conditions

Accordingly, Artifax Media does not guarantee:

• Specific search-engine rankings
• First-page Google rankings
• Specific numbers of leads
• Specific call volumes
• Specific conversion rates
• Specific revenue
• Specific return on advertising spend
• Specific cost per lead
• Specific customer-acquisition costs

Any projections, estimates, examples, sample dashboards, or expected results are illustrative unless expressly stated otherwise in a written client agreement.

Past performance does not guarantee future results.

Artifax Media is an independent business and is not Google.

Unless expressly stated otherwise and factually supported, Artifax Media does not claim to be:

• Google
• An employee or representative of Google
• A Google-owned business
• A certified partner of any third-party platform

Our services may depend on third-party platforms such as:

• Google
• Google Ads
• Google Business Profile
• Google Analytics
• Google Search Console
• Website hosting providers
• Domain registrars
• Call-tracking services
• Customer relationship management systems
• Email providers
• Analytics providers

These services are controlled by third parties.

Artifax Media is not responsible for outages, suspensions, policy changes, algorithm changes, account restrictions, pricing changes, data loss, or other actions taken by third-party providers.

Artifax Media believes clients should retain ownership of their core digital assets whenever reasonably possible.

Depending on the services provided, these assets may include:

• Domain names
• Websites
• Google Ads accounts
• Google Business Profiles
• Google Analytics accounts
• Google Search Console accounts
• Customer information
• Advertising data
• Marketing accounts

Clients may provide Artifax Media with administrative, manager, collaborator, or other authorized access to these systems so we can perform services.

Unless otherwise agreed in writing, granting Artifax Media access does not transfer ownership of those accounts or assets to Artifax Media.

Clients are responsible for maintaining accurate ownership information and safeguarding their primary credentials.

Clients should not provide personal passwords when delegated or authorized access methods are available.

Clients receiving services from Artifax Media agree to provide reasonably accurate and timely information needed to perform the services.

This may include:

• Business information
• Service descriptions
• Geographic service areas
• Pricing information where relevant
• Photos
• Licenses or credentials where relevant
• Account access
• Advertising budgets
• Website information
• Customer or lead information required for attribution
• Approvals for content or campaigns

Clients are responsible for the accuracy and legality of information they provide.

Clients are also responsible for ensuring that their:

• Business practices
• Advertising claims
• Products
• Services
• Licensing
• Certifications
• Promotions
• Pricing
• Customer communications

comply with applicable laws and regulations.

Artifax Media may rely on information provided by the client unless we have reason to believe it is inaccurate.

Unless otherwise agreed in writing, advertising spend is separate from Artifax Media's management fees.

For example, a client may pay:

• Artifax Media for campaign management

and separately pay:

• Google for advertising spend

Advertising budgets are normally paid directly to the advertising platform through the client's account or payment method.

Artifax Media does not guarantee that advertising platforms will approve campaigns, advertisements, accounts, products, websites, or promotions.

Third-party fees are subject to the third party's own terms and policies.

Fees for paid services will be stated in a proposal, agreement, invoice, order form, or other written communication.

Unless otherwise agreed:

• Fees are due according to the payment schedule provided to the client
• Advertising spend and third-party costs are separate from Artifax Media fees
• Clients are responsible for applicable taxes associated with purchased services
• Failure to pay amounts when due may result in suspension of services

Artifax Media may require:

• Setup fees
• Monthly management fees
• Project fees
• Deposits
• Recurring payments

before beginning or continuing work.

Specific payment terms for a client engagement should be set out in the applicable service agreement.

Cancellation and termination terms for paid services will be described in the applicable proposal, statement of work, or client agreement.

Unless a separate written agreement provides otherwise, either party may discontinue an ongoing service relationship by providing reasonable written notice.

Amounts already earned for completed work remain payable.

Third-party advertising charges, hosting charges, software costs, or other non-refundable expenses already incurred may remain the client's responsibility.

Artifax Media may immediately suspend or terminate services if a client:

• Fails to make required payments
• Requests unlawful activity
• Provides fraudulent information
• Abuses our staff or systems
• Violates third-party platform policies
• Creates material legal or security risk

Because marketing, consulting, advertising management, SEO, web development, and related services involve professional time and work performed on behalf of clients, fees are generally not refundable once the associated work has been performed.

Any specific refund rights or guarantees must be expressly stated in writing.

Advertising spend paid directly to third-party platforms is governed by the platform's own refund policies.

When Artifax Media provides website or landing-page services, the exact scope will be defined in the applicable agreement.

Scope may include:

• Design
• Development
• Copy implementation
• Landing pages
• Hosting configuration
• Analytics
• Conversion tracking
• SEO implementation
• Forms
• Integrations

Unless otherwise agreed, requests outside the agreed scope may require additional fees.

Clients are responsible for reviewing and approving website content, factual claims, pricing, legal disclosures, licenses, and other business-specific information.

Artifax Media Property

The Artifax Media name, branding, website design, internal processes, methodologies, templates, software, documentation, and other materials created independently by Artifax Media remain the property of Artifax Media or its licensors unless otherwise agreed in writing.

You may not reproduce, distribute, sell, copy, or commercially exploit Artifax Media materials without permission.

Client Property

Clients retain ownership of materials they provide to Artifax Media, including:

• Logos
• Photos
• Business information
• Existing website content
• Trademarks
• Customer data

Clients represent that they have the necessary rights to provide those materials to us.

Client Deliverables

Ownership and usage rights for custom websites, creative assets, advertising materials, copy, or other deliverables will be governed by the applicable client agreement.

Unless otherwise stated, transfer of ownership of paid custom deliverables may be conditioned on full payment of all amounts owed.

Artifax Media may display clearly labeled:

• Concept work
• Demonstration designs
• Sample dashboards
• Fictional examples

to illustrate our capabilities.

Concept work should not be interpreted as evidence that the depicted business is an actual client.

For actual client work, Artifax Media will obtain any permissions required under the applicable client agreement before publicly disclosing confidential performance information or proprietary materials.

During a business relationship, Artifax Media and a client may exchange non-public business information.

Each party should use reasonable care to protect confidential information received from the other party.

Confidential information does not include information that:

• Is publicly available through no breach of obligation
• Was already lawfully known
• Is independently developed
• Is lawfully received from another source
• Must be disclosed by law

More detailed confidentiality obligations may be included in a separate client agreement.

Our collection and use of personal information is described in the Artifax Media Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

You can review it at:

artifaxmedia.com/privacy

When you submit a form, request an audit, request a consultation, or otherwise contact Artifax Media, you authorize us to communicate with you regarding that request or potential business relationship.

Communication may occur by:

• Email
• Telephone
• Text message
• Other methods you provide or authorize

Where required by law, promotional communications will provide appropriate opt-out methods.

You are responsible for providing accurate contact information.

You agree that communications, agreements, disclosures, notices, and other records may be provided electronically where permitted by law.

Electronic acceptance of proposals, agreements, invoices, or other documents may constitute valid acceptance where applicable.

To the maximum extent permitted by law, the website and any free informational materials are provided on an "as is" and "as available" basis.

Artifax Media makes no warranty that:

• The website will always be available
• The website will be completely error-free
• Search engines will index or rank any particular page
• Third-party platforms will remain available
• Marketing efforts will produce specific business outcomes

Nothing in these Terms excludes warranties that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, Artifax Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the website or services.

This includes, where legally permitted, losses relating to:

• Lost profits
• Lost revenue
• Lost business opportunities
• Lost data
• Search-ranking changes
• Advertising platform suspensions
• Third-party outages
• Algorithm changes
• Business interruption

For paid services, any additional liability limitations should be stated in the applicable client agreement.

Nothing in these Terms limits liability where doing so would be prohibited by applicable law.

To the extent permitted by law, you agree to indemnify and hold harmless Artifax Media and its owners, employees, contractors, and representatives from claims, damages, liabilities, costs, and expenses arising from:

• Information or materials you provide
• Your unlawful business activities
• Your violation of these Terms
• Your violation of third-party rights
• Advertising claims or representations supplied or approved by you
• Products or services offered by your business

This section does not apply where prohibited by law.

Artifax Media will not be responsible for delays or failures caused by circumstances reasonably beyond our control.

Examples may include:

• Internet outages
• Cloud-provider outages
• Third-party platform failures
• Natural disasters
• Government actions
• Labor disruptions
• Cyberattacks
• Widespread infrastructure failures
• Changes or outages affecting search engines or advertising platforms

Unless otherwise provided in a separate written client agreement, these Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles.

Any dispute concerning paid client services may also be subject to additional dispute-resolution provisions contained in the applicable client agreement.

Artifax Media may update these Terms periodically.

When changes are made, the "Last Updated" date at the top of this page will be revised.

Your continued use of the website after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Failure by Artifax Media to enforce a provision of these Terms does not waive our right to enforce that provision later.

For general website use, these Terms and the Privacy Policy constitute the agreement between you and Artifax Media concerning use of the website.

For paying clients, an executed proposal, statement of work, master services agreement, or other written agreement may contain additional or different terms.

If a signed client agreement conflicts with these website Terms regarding paid services, the signed client agreement will control.

Questions regarding these Terms may be sent to: