Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") govern your access to and use of the website, services, and marketing products provided by JW Agency ("JW Agency", "JWeis Marketing", "we", "us", or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, you may not use our site or services.

2. Services

JW Agency provides marketing services including, but not limited to, content creation, Facebook and Instagram advertising, Google Ads management, AI automation, call center services, lead generation, and related consulting. The scope, deliverables, timelines, and fees for any engagement will be set forth in a separate written proposal, statement of work, or order form ("SOW"). In the event of any conflict between these Terms and an SOW, the SOW controls for that engagement.

3. Client Responsibilities

You agree to provide accurate, complete, and timely information, materials, approvals, and access required for us to perform the Services. Delays caused by your failure to do so may impact timelines and results, and shall not relieve you of payment obligations. You are solely responsible for the accuracy and legality of any content, claims, offers, or data you supply.

4. Fees & Payment

Fees are described in the applicable SOW. Unless otherwise stated, invoices are due upon receipt, and recurring monthly fees are billed in advance. Advertising spend paid to third-party platforms (e.g., Meta, Google) is separate from our management fees and is your responsibility. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend Services for non-payment.

5. No Guarantee of Results

While we use commercially reasonable efforts and industry best practices, we do not guarantee any specific outcome, including lead volume, conversion rates, ad performance, search rankings, or revenue. Marketing results depend on many factors outside of our control, including but not limited to market conditions, competition, seasonality, your sales process, and third-party platform changes. Any examples, case studies, or testimonials are illustrative and do not constitute a promise of similar results.

6. Intellectual Property

Upon full payment, you will own the final deliverables produced for you under an SOW, excluding: (a) any pre-existing tools, templates, frameworks, software, or know-how owned or licensed by us; (b) third-party assets (e.g., stock media, fonts, software), which remain subject to their own licenses; and (c) data and analytics we collect in aggregated or anonymized form. You grant us a perpetual, non-exclusive license to use deliverables and your name, logo, and campaign results in our portfolio, case studies, and marketing materials, unless you opt out in writing.

7. Confidentiality

Each party agrees to protect the other party's non-public business, financial, technical, and marketing information disclosed in connection with the Services ("Confidential Information") with at least the same degree of care it uses for its own confidential information, and not to disclose such information to any third party except as needed to perform the Services or as required by law.

8. Third-Party Platforms

Our Services rely on third-party platforms and tools (including Meta, Google, analytics providers, CRM systems, and hosting providers). We are not responsible for the availability, policies, algorithm changes, account suspensions, or billing practices of these third parties. You are responsible for complying with each platform's terms and advertising policies.

9. Term & Termination

The term of each engagement is set in the SOW. Either party may terminate for material breach if the breach is not cured within fifteen (15) days of written notice. Upon termination, you agree to pay all fees for Services performed and committed through the termination date. Sections intended to survive termination (including IP, confidentiality, disclaimers, and limitations of liability) will continue in force.

10. Disclaimers

THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JW AGENCY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.

12. Indemnification

You agree to defend, indemnify, and hold harmless JW Agency and its affiliates, officers, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) content or information you provide, or (c) your products, services, or business practices.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Services will be the state or federal courts located in Fort Bend County, Texas, and both parties consent to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by the "Last updated" date above. Continued use of our website or Services after the effective date of changes constitutes acceptance.

15. Contact

Questions about these Terms? Reach us at hello@jweismarketing.com or (832) 769-8855.

Mailing Address JW Agency
8410 Hwy 90 Alt Suite 140
Sugar Land, TX 77478

Business Hours Monday – Friday: 9 AM – 5 PM CT
Saturday – Sunday: Closed