Terms of Service

These Terms of Service ("Terms") govern your use of the website nexacraftagency.com (the "Site") and any digital marketing services ("Services") provided by Nexacraft Agency LLC ("Nexacraft," "we," "us," or "our"), a Montana limited liability company. By accessing the Site or engaging our Services, you agree to be bound by these Terms.

1. Description of Services

Nexacraft provides digital marketing services to home service contractors located in the United States, including but not limited to:

• Google Ads campaign management
• Facebook and Instagram advertising
• Local Search Engine Optimization (SEO)
• Classified ad management
• Marketing strategy consulting

Specific scope, pricing, and deliverables for any engagement are defined in a separate written agreement or invoice between Nexacraft and the client.

2. Eligibility

Our Services are offered exclusively to businesses, not to individual consumers. By engaging our Services, you represent and warrant that:

• You are at least 18 years old
• You have the authority to bind your business to these Terms
• Your business is legally registered and operating in the United States
• You will use our Services only for lawful business purposes

3. Pricing and Payment

3.1 Pricing Model

Nexacraft offers Services on the following pricing models, as published on our pricing page:

• One-time engagements (Pilot Campaign, Strategy Consulting), fixed fee for defined scope
• Monthly retainers (Starter, Growth, Scale, Enterprise), monthly fee for ongoing service

Pricing is published transparently on nexacraftagency.com/pricing. All prices are in US Dollars (USD).

3.2 Payment Terms

One-time engagements are billed in full at the start of the engagement. Monthly retainers are billed in advance, on the same calendar day each month, for the upcoming month of service. Payment is due upon receipt of invoice unless otherwise agreed in writing.

3.3 Ad Spend

Advertising spend on third-party platforms (Google Ads, Meta, etc.) is paid by the client directly to those platforms via the client’s own payment method on the client’s own account. Nexacraft does not handle, mark up, or process ad spend. Nexacraft’s management fees are entirely separate from ad spend.

3.4 Late Payment

Invoices not paid within 7 days of their due date may result in suspension of Services. Suspended Services are reinstated upon payment of overdue invoices. Repeated late payment may result in termination of the engagement.

3.5 Payment Methods

We accept payment by major credit cards processed through Stripe, bank transfer (ACH), and other methods as agreed in writing. Credit card payments are processed at our quoted rate (no surcharge added to the published price). ACH bank transfers may take 3–5 business days to clear before Services resume after a payment.

4. Term and Termination

4.1 Monthly Retainers

Monthly retainer engagements are month-to-month with no minimum commitment. Either party may terminate the engagement with 30 days’ written notice. The client is responsible for fees through the end of the notice period.

4.2 One-Time Engagements

One-time engagements (Pilot Campaign, Strategy Consulting) are completed within their defined scope and duration. These engagements do not auto-renew and require a new agreement to extend.

4.3 Termination for Cause

Either party may terminate immediately if the other materially breaches these Terms and fails to cure within 14 days of written notice.

5. Client Responsibilities

To deliver effective Services, we require the client to:

• Provide accurate business information, including services offered, service area, and pricing
• Grant appropriate access to marketing platform accounts (Google Ads, Meta Business, etc.)
• Maintain valid payment methods on third-party advertising platforms
• Respond to reasonable requests for information and approvals in a timely manner
• Use Services only for lawful business activities

6. Intellectual Property

6.1 Client Materials

The client retains all rights to their business name, logos, content, photos, customer data, and other materials they provide to Nexacraft. We use these materials solely to provide the Services.

6.2 Work Product

Marketing assets we create specifically for a client (ad copy, landing page recommendations, written strategy documents, custom reports) become the property of the client upon payment of the related invoices. The client may use these materials freely after the engagement ends.

6.3 Nexacraft Methods

Our internal processes, frameworks, templates, and methodologies remain our intellectual property. Engaging our Services does not grant the client ownership of our underlying business methods.

6.4 Platform Accounts

All third-party platform accounts (Google Ads, Meta Business, Google Business Profile, etc.) remain the client’s property. Nexacraft accesses these accounts only at the access level granted by the client and only for the duration of the engagement.

7. Confidentiality

Both parties agree to maintain the confidentiality of non-public business information shared during the engagement. This obligation survives termination of the engagement. Standard exclusions apply (information that is public, was already known, or is required to be disclosed by law).

8. No Guarantee of Results

Marketing outcomes depend on many variables outside our control, including market conditions, competition, client’s service area, client’s sales process, ad platform policies, and seasonality. Nexacraft does not guarantee specific lead volumes, conversion rates, sales results, or rankings. We guarantee execution of the Services described in the relevant agreement, not specific business outcomes.

Industry-standard marketing metrics (impressions, clicks, cost-per-click, click-through rate, conversion tracking) are reported by third-party ad platforms (Google, Meta, etc.) and subject to those platforms’ measurement methodologies and occasional reporting variability. Nexacraft reports the data made available by the ad platforms but cannot guarantee the absolute accuracy of platform-reported metrics or third-party analytics tools.

9. Limitation of Liability

To the maximum extent permitted by law, Nexacraft’s aggregate liability arising from or related to these Terms or the Services is limited to the total fees paid by the client to Nexacraft in the three (3) months immediately preceding the event giving rise to the claim. Nexacraft is not liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost revenue, or business interruption.

10. Indemnification

The client agrees to indemnify and hold Nexacraft harmless from claims, damages, and expenses (including reasonable attorney’s fees) arising from: (a) the client’s business activities, products, or services; (b) the client’s violation of these Terms; or (c) the client’s violation of any third-party rights or applicable laws.

11. Third-Party Platforms

Our Services involve managing campaigns on third-party platforms (Google, Meta, etc.). Each platform has its own terms of service and content policies. Clients are responsible for compliance with those policies. Nexacraft is not liable for actions taken by third-party platforms, including account suspensions, ad disapprovals, or policy enforcement.

12. Force Majeure

Neither party is liable for any failure or delay in performance under these Terms due to causes beyond reasonable control, including but not limited to: third-party platform outages or policy changes (Google, Meta, etc.), natural disasters, government actions, internet or infrastructure failures, pandemics, or civil disturbances. The affected party will notify the other party promptly and resume performance as soon as reasonably possible. If a force majeure event continues for more than 30 days, either party may terminate the engagement without penalty, with refund of any prepaid fees for periods not yet served.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Montana, United States, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Services will first be addressed through good-faith negotiation. If unresolved, disputes will be resolved by binding arbitration in Montana under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property or confidentiality violations.

Class Action Waiver. Both parties agree that any dispute will proceed solely on an individual basis, and waive any right to bring or participate in any claim as a representative or member of a class or in any consolidated, representative, or class action against the other party. The arbitrator may not consolidate the claims of multiple parties.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to active clients with at least 30 days’ notice. Continued use of Services after the effective date constitutes acceptance of the updated Terms.

15. Entire Agreement

These Terms, together with any written engagement agreement, statement of work, or invoice, constitute the entire agreement between the client and Nexacraft regarding the Services. They supersede all prior discussions, proposals, and agreements.

16. Contact

Questions about these Terms? Contact us:

Nexacraft Agency LLC
1001 S Main St, STE 10899
Kalispell, MT 59901, United States
Email: [email protected]
Phone: (323) 982-3075