The rules ofworking with us.

These Terms of Service (“Terms”) govern your use of the Surgent Marketing website at surgentmarketing.com (the “Site”) and any services you engage us to perform. By using the Site or engaging us, you agree to these Terms.

If you are using the Site or engaging our services on behalf of a business, you represent that you have authority to bind that business to these Terms. References to “you” include both you individually and the business you represent.

If you do not agree with any part of these Terms, please do not use the Site or engage our services.

Surgent Marketing is a US-based marketing agency. Our services typically include paid media management (Google Ads, Meta Ads, and similar platforms), website design and development, conversion-rate optimization, AI receptionist deployment, search engine optimization, and related consulting work.

The specific services we deliver to you are defined in a separate written agreement — a Master Services Agreement, Statement of Work, proposal, engagement letter, or order form (each, an “Order”). If anything in an Order conflicts with these Terms, the Order controls for that engagement.

Information on the Site about our services, results, and pricing is provided for general informational purposes only and does not constitute an offer, guarantee, or part of any contract until reflected in a signed Order.

Engagements begin when you sign an Order and any required deposit is received. Each Order describes the scope, deliverables, timelines, and assumptions for that engagement.

Work outside the scope of an Order — sometimes called “change requests” — is quoted separately and added to the engagement only with your written approval (email is sufficient).

Marketing outcomes depend on factors outside our control, including your offer, market conditions, ad-platform policies, your team’s responsiveness, and your sales follow-up. We do not guarantee specific lead volumes, conversion rates, rankings, or revenue results unless explicitly stated in an Order.

Fees, payment schedules, and ad-spend arrangements are set out in each Order. Unless an Order specifies otherwise, invoices are due on receipt and are payable in US dollars by ACH, wire, or credit card.

Ad spend (the money paid to Google, Meta, and similar platforms) is separate from our management fees and is typically billed directly to your card on file with the platform. We do not earn commission on ad spend unless explicitly stated in an Order.

Past-due amounts may accrue interest at the lower of 1.5% per month or the maximum rate allowed by law. We reserve the right to pause active campaigns, suspend deliverables, or terminate the engagement if invoices remain unpaid more than 15 days after the due date.

Fees already paid for completed work are non-refundable. Deposits are credited against the first invoice of the engagement.

To deliver effective work, we need timely cooperation from you. This includes providing the access, content, approvals, and information described in your Order — for example, admin access to your Google Ads, Meta Business Manager, Google Business Profile, website, and analytics accounts; brand assets; product or service information; and decision-maker availability for review and approval.

Delays caused by missing access, content, or approvals may extend timelines and do not reduce fees owed under an Order.

You are responsible for the accuracy, legality, and ownership of any content, claims, offers, or assets you provide to us for use in campaigns, ad creative, or on your website. You represent that you have all necessary rights to use that material and that it does not infringe any third-party rights or violate any law.

Upon full payment for an engagement, you own the final deliverables specifically created for you under that engagement — for example, the final ad copy, ad creative, landing pages, and content we produce for your use.

We retain ownership of, and reserve the right to reuse, all underlying tools, templates, frameworks, methodologies, source code libraries, prompts, training materials, and know-how we developed before or independently of your engagement. Nothing in these Terms transfers ownership of those underlying assets.

Unless you tell us otherwise in writing, you grant us the right to identify you as a client and to display your name, logo, and a general description of the work we did for you in our portfolio, case studies, and marketing materials. We will not disclose confidential information without your consent.

All content on the Site — including text, graphics, logos, photos, and the underlying code — is owned by Surgent Marketing or its licensors and is protected by US and international intellectual-property laws. You may not copy, reproduce, or distribute Site content without our written permission.

Each party agrees to keep the other party’s non-public business information confidential and to use it only for purposes of the engagement. This obligation continues for two years after the engagement ends, and indefinitely for information that constitutes a trade secret under applicable law.

Confidentiality does not apply to information that is publicly available, already known to the receiving party without obligation, independently developed, or required to be disclosed by law or legal process.

Many of our services rely on third-party platforms — Google, Meta, Stripe, Calendly, hosting providers, and others. Your use of those platforms is governed by each platform’s own terms and policies. We are not responsible for outages, account suspensions, policy changes, fee changes, or other actions taken by any third-party platform.

We perform our services in a professional and workmanlike manner consistent with industry standards. Except for that warranty, the Site and our services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted or error-free, or that our services will produce any specific result, return on investment, ranking, lead volume, or revenue outcome.

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost revenue, lost data, or business interruption — even if advised of the possibility of such damages.

Our total cumulative liability arising out of or related to these Terms or any engagement will not exceed the total fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim. This limitation does not apply to liability for gross negligence, willful misconduct, or amounts owed under the indemnification section below.

Each party agrees to defend, indemnify, and hold harmless the other party from and against third-party claims arising out of the indemnifying party’s breach of these Terms, infringement of intellectual-property rights, or violation of applicable law.

Either party may terminate an engagement for convenience by providing thirty (30) days’ written notice, unless the applicable Order specifies a different notice period or minimum term.

Either party may terminate immediately for cause if the other party materially breaches these Terms or an Order and fails to cure the breach within fifteen (15) days after receiving written notice. We may also suspend or terminate immediately for non-payment as described in Section 4.

On termination, you remain responsible for fees earned through the effective termination date and for any non-cancelable third-party commitments we made in good faith on your behalf. We will deliver work-in-progress materials reflecting work completed and paid for through the termination date.

Sections that by their nature should survive termination — including fees owed, intellectual property, confidentiality, warranties, limitation of liability, indemnification, and governing law — will survive.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or our services will be resolved exclusively in the state or federal courts located in Florida, and each party consents to the personal jurisdiction of those courts.

We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Material changes will be communicated through reasonable means. Continued use of the Site or our services after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms? Reach us at admin@surgentmarketing.com, by phone at (845) 464-3409, or by mail at our South Florida office. Mailing address available on request.