Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of a business entity, and Party Plug LLC, doing business as Lead Metrik. This agreement governs your access to and use of our website located at leadmetrik.com, as well as any services, features, content, or applications we offer. Throughout these Terms, references to "Company," "we," "us," or "our" refer to Party Plug LLC d/b/a Lead Metrik, while "Client," "you," or "your" refers to the individual or entity agreeing to these Terms.

By accessing our website, submitting an inquiry through our contact form, requesting a proposal, signing a service agreement, or otherwise engaging with Lead Metrik, you represent that you have read, understood, and agree to be bound by all of these Terms of Service. If you are entering into this agreement on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

If you do not agree with all of these Terms of Service, then you are expressly prohibited from using our services and must discontinue use immediately. We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. Your continued use of our services following the posting of revised Terms means that you accept and agree to the changes.

2. Description of Services

Lead Metrik is a full-service digital marketing agency that provides comprehensive online marketing solutions designed to help businesses increase their visibility, attract more customers, and grow their revenue. Our services encompass the full spectrum of digital marketing, and the specific services we provide to each client are determined by the individual service agreement or proposal that governs our engagement.

Our search engine optimization services include comprehensive website audits to identify technical issues and opportunities for improvement, on-page optimization to ensure your content is properly structured and targeted toward relevant keywords, local SEO to enhance your visibility in geographic-specific searches, content strategy and creation to establish your authority and attract organic traffic, and link building to strengthen your domain authority through high-quality backlinks. We also provide ongoing management and optimization of Google Business Profile listings to maximize your visibility in local search results and Google Maps.

Our paid advertising services encompass campaign strategy, creation, management, and optimization across major platforms including Google Ads and Meta Ads (Facebook and Instagram). This includes search campaigns to capture high-intent traffic, display campaigns for brand awareness and remarketing, shopping campaigns for e-commerce clients, video advertising on YouTube and social platforms, and conversion tracking implementation to measure and optimize return on investment. We handle all aspects of campaign management including keyword research, audience targeting, ad copywriting, bid management, and continuous performance optimization.

Our social media marketing services include developing comprehensive social media strategies aligned with your business goals, creating and scheduling engaging content across platforms, managing community engagement and customer interactions, and monitoring brand mentions and sentiment. We work with all major social platforms including Facebook, Instagram, LinkedIn, Twitter, and others as appropriate for your business and target audience.

Our website design and development services cover the full lifecycle of web projects, from initial strategy and planning through design, development, testing, and launch. We create responsive, mobile-optimized websites that are designed to convert visitors into customers. This includes custom landing pages for advertising campaigns, website redesigns and modernization, e-commerce functionality, content management system implementation, and ongoing maintenance and hosting services.

Our reputation management services help you build and maintain a positive online presence through proactive review generation strategies, monitoring of review platforms and social media for brand mentions, professional response management for both positive and negative feedback, and strategies to address and mitigate negative content when it appears. We also provide email marketing services including campaign strategy, template design, automation setup, list management, and performance analysis to help you nurture relationships with your customers and drive repeat business.

3. Client Responsibilities

The success of our digital marketing engagement depends on a collaborative relationship between Lead Metrik and our clients. While we bring expertise, experience, and dedicated effort to every engagement, you as the client have important responsibilities that are essential to achieving the best possible results. Your active participation and timely communication are crucial to the success of our work together.

You agree to provide accurate, complete, and current information about your business, products, services, target audience, and competitive landscape. This information forms the foundation of our strategy and tactics, and inaccurate or incomplete information can lead to suboptimal results. You also agree to notify us promptly of any changes to your business that may affect our marketing efforts, including changes to products or services, pricing, business hours, locations, staff, or other relevant factors.

You are responsible for granting us the necessary access to accounts, platforms, and systems required to perform our services. This includes administrative access to advertising accounts such as Google Ads and Meta Ads, analytics platforms such as Google Analytics and Google Search Console, business listings such as Google Business Profile, social media accounts, website content management systems, email marketing platforms, and any other tools or platforms relevant to our engagement. You agree to provide these credentials securely and to maintain the validity of the access we need throughout our engagement.

You agree to respond to our requests for information, approvals, and feedback within a reasonable timeframe, typically within 48 to 72 hours unless otherwise agreed. Delays in receiving necessary information or approvals may impact our ability to meet deadlines and achieve optimal results. When we submit content, creative materials, or strategic recommendations for your review, you agree to provide clear and constructive feedback so we can proceed efficiently.

You represent and warrant that you have the legal right to use all materials, content, logos, images, and other assets that you provide to us or direct us to use in marketing activities. This includes trademarks, copyrighted materials, photographs, and any third-party content. You agree to indemnify us against any claims arising from our use of materials you have provided or authorized.

You agree to comply with all applicable laws, regulations, and platform policies in connection with our marketing activities. This includes but is not limited to advertising regulations, truth-in-advertising requirements, data protection laws, and the terms of service of platforms where we advertise on your behalf. You agree not to request that we engage in any deceptive, fraudulent, or illegal marketing practices.

4. Account Access and Management

A fundamental aspect of our service delivery involves accessing and managing various third-party platforms on your behalf. When you engage our services, you authorize us to access your accounts on platforms including but not limited to Google Ads, Google Analytics, Google Search Console, Google Business Profile, Google Tag Manager, Meta Business Suite, Facebook Ads Manager, Instagram, website hosting platforms, content management systems, email marketing services, and any other platforms necessary to perform the services outlined in your service agreement.

You retain full ownership of all accounts at all times. Our access is granted solely for the purpose of performing the services you have engaged us to provide. We will not use your accounts for any purpose other than delivering the agreed-upon services, and we will not share your login credentials with any unauthorized parties. We recommend using platform features that allow you to grant agency access without sharing passwords directly, such as Google Ads Manager accounts or Meta Business Manager partnerships.

For new clients who do not have existing accounts on necessary platforms, we can assist in creating and configuring these accounts. These accounts will be created in your name or your business's name, and you will be the primary owner. We will be added as an authorized user or agency with appropriate permissions to manage the accounts on your behalf.

Upon termination of our services for any reason, we will promptly remove our access from all of your accounts and return any login credentials in our possession. We will cooperate in transferring any assets, campaigns, or configurations we have created on your behalf to you or to a successor agency of your choosing. You acknowledge that certain proprietary tools, templates, and methodologies we use remain our intellectual property and are not transferred upon termination.

5. Fees, Payment, and Billing

The fees for our services are set forth in the individual proposal or service agreement that governs your engagement with Lead Metrik. Our fee structures may include one-time setup fees to cover initial account configuration, research, strategy development, and campaign creation; monthly retainer fees for ongoing management, optimization, and support; project-based fees for discrete deliverables such as website development or content creation; and performance-based fees tied to specific metrics or outcomes where agreed upon in writing.

Unless otherwise specified in your service agreement, invoices are due and payable upon receipt. Monthly retainer fees are billed in advance on the first day of each month and are due within ten days of invoice date. Project-based fees may require a deposit before work begins, with the balance due upon completion or according to a milestone schedule outlined in your agreement. We accept payment by major credit cards, debit cards, and ACH bank transfers. All payments are processed securely through Stripe.

Advertising spend, meaning the amounts paid directly to advertising platforms such as Google and Meta for media costs, is separate from our management fees. Depending on your preference and the platforms involved, advertising spend may be billed directly to you by the advertising platforms or may be passed through our accounts and invoiced to you at cost with no markup. You are responsible for ensuring that sufficient funds or credit are available to cover your advertising spend, and you authorize us to make reasonable adjustments to campaign budgets within agreed parameters.

Late payments will incur a finance charge of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. If payment is not received within fifteen (15) days of the due date, we reserve the right to suspend services, pause advertising campaigns, and restrict access to reports and deliverables until the account is brought current. Continued failure to pay may result in termination of services and referral of the outstanding balance to collections.

We reserve the right to adjust our fees with thirty (30) days' written notice. Any fee increases will apply to services rendered after the effective date of the increase. If you do not agree to a fee increase, you may terminate services in accordance with the termination provisions of these Terms without penalty.

6. Term and Termination

The term of our engagement begins on the start date specified in your service agreement and continues on a month-to-month basis unless a specific initial term is agreed upon in writing. Some services, particularly those requiring significant upfront investment in setup, research, or development, may require a minimum commitment period as specified in your agreement. After any minimum term, services continue on a month-to-month basis until terminated by either party.

Either party may terminate services by providing thirty (30) days' written notice to the other party. Notice should be sent via email to the addresses on record for our engagement, with a request for confirmation of receipt. The termination will be effective on the last day of the notice period or at the end of the current billing cycle, whichever is later, unless otherwise agreed.

Upon termination, you are responsible for payment of all fees incurred through the effective date of termination, including any pro-rated fees for partial months of service. We will provide you with final deliverables, reports, and documentation of work performed. We will remove our access from your accounts and cooperate in transitioning campaigns and assets to you or your designated successor. Any prepaid fees for services not yet rendered will be refunded on a pro-rata basis, less any outstanding amounts owed.

We reserve the right to terminate services immediately and without notice if you breach any material provision of these Terms or your service agreement, if payment is not received after multiple notices and reasonable opportunity to cure, if you engage in illegal activity or request that we engage in practices that violate laws or platform policies, if you provide false or materially misleading information, or if continuing to provide services would expose us to legal liability or reputational harm. In cases of termination for cause, no refund of prepaid fees will be provided.

7. Intellectual Property Rights

Intellectual property rights are an important aspect of our working relationship, and this section clarifies the ownership and usage rights for various types of materials and work product. Understanding these rights helps ensure a clear and productive partnership.

You retain all ownership rights in any materials, content, logos, trademarks, images, and other assets that you provide to us for use in marketing activities. By providing these materials, you grant us a limited, non-exclusive license to use them solely for the purpose of providing the services outlined in your agreement. This license terminates upon the conclusion of our engagement.

Upon full payment of all fees due, you own the custom work product that we create specifically for you as part of our engagement. This includes custom website designs and developed code, original written content such as blog posts, articles, and website copy, custom graphics, images, and creative assets designed for your campaigns, advertising campaign structures, ad copy, and targeting configurations, and reports and analyses specific to your business. We retain the right to use samples of work created for you in our portfolio and marketing materials unless you request otherwise in writing.

Notwithstanding the above, we retain all ownership rights in our proprietary tools, systems, processes, templates, frameworks, methodologies, and general know-how that we use to deliver our services. These elements of our business represent accumulated expertise and investment and remain our intellectual property regardless of their use in your projects. We also retain rights to any improvements or developments to our proprietary materials that may arise from work performed for you.

8. Confidentiality

Both parties acknowledge that during the course of our engagement, each party may have access to confidential information of the other party. Confidential information includes any information that is not generally known to the public and that derives economic value from its confidential nature. This includes business strategies, customer lists, financial information, proprietary processes, marketing plans, and any information designated as confidential.

Each party agrees to hold the other party's confidential information in strict confidence and not to disclose it to any third party except as necessary to perform obligations under our agreement or as required by law. Each party agrees to use the other party's confidential information only for purposes related to our engagement and not for any other purpose.

These confidentiality obligations shall survive the termination of our engagement for a period of two (2) years. Confidential information does not include information that becomes publicly available through no fault of the receiving party, was already known to the receiving party before disclosure, is rightfully received from a third party without restriction, or is independently developed by the receiving party without use of the disclosing party's confidential information.

9. Warranties and Disclaimers

Lead Metrik is committed to providing high-quality digital marketing services with professionalism, skill, and care. We represent that our services will be performed in accordance with generally accepted industry standards and practices by qualified personnel with the expertise and experience necessary to deliver effective results. We will act in good faith and in your best interest within the scope of our engagement.

However, it is important to understand that digital marketing involves many variables beyond our control, and results can never be guaranteed. Search engine algorithms change frequently and unpredictably, advertising platform policies evolve, market conditions fluctuate, and competitor actions can impact performance. Consumer behavior, economic factors, and countless other variables influence marketing outcomes.

We explicitly disclaim any guarantee of specific results including but not limited to specific search engine rankings or positions, specific amounts of website traffic or leads, specific conversion rates or sales volumes, specific return on investment or revenue growth, and specific timeframes for achieving results. Any projections, estimates, or examples of potential results we provide are based on our professional experience and judgment but are not guarantees of future performance.

We are not responsible for actions taken by third-party platforms including Google, Meta, and other advertising and technology providers. This includes policy changes that may affect your campaigns, account suspensions or restrictions imposed by the platforms, algorithm updates that may impact organic visibility, service outages or technical issues on third-party platforms, and changes to platform features or capabilities.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEAD METRIK SHALL CREATE A WARRANTY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTY PLUG LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Party Plug LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your breach of these Terms or your service agreement, your violation of any law, regulation, or third-party right, your provision of inaccurate, incomplete, or misleading information, materials you provide to us that infringe any third-party intellectual property right, your products, services, or business practices, and any claims brought by your customers, employees, or other third parties related to your business.

This indemnification obligation shall survive the termination of these Terms and our engagement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with our defense of such claim.

12. Dispute Resolution and Governing Law

These Terms of Service and any disputes arising out of or related to these Terms or the services provided hereunder shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. The parties agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and each party hereby consents to the personal jurisdiction of such courts.

Before initiating any formal legal action, the parties agree to attempt to resolve any dispute through good-faith negotiation. Either party may initiate the negotiation process by sending a written notice describing the nature of the dispute and proposed resolution. The parties shall meet, either in person or via video conference, within fifteen (15) days of such notice to attempt to resolve the dispute.

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue formal legal remedies. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information without first engaging in the informal dispute resolution process described above.

13. General Provisions

These Terms of Service, together with any signed proposal, service agreement, or statement of work, constitute the entire agreement between you and Lead Metrik regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written. In the event of any conflict between these Terms and a signed service agreement, the terms of the signed service agreement shall control.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Lead Metrik. Neither party has authority to bind the other or to incur any obligation on the other's behalf. Nothing in these Terms is intended to confer any rights or remedies on any third party.

14. Contact Information

If you have any questions about these Terms of Service, need clarification on any provision, or wish to discuss any aspect of our services or policies, we encourage you to reach out to us. We value clear communication and are always available to address your concerns.