New Growth Media
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Terms of Service

Last Updated: May 22, 2025

Introduction

Welcome to New Growth Media. These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our services.

New Growth Media provides digital marketing services specifically focused on Google Ads management for therapy practices. These Terms constitute a legally binding agreement between you ("Client" or "you") and New Growth Media ("Company", "we", or "us").

Please read these Terms carefully before engaging our services. Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms.

Definitions

  • "Services" refers to Google Ads management, digital marketing strategy, and related consulting services provided by New Growth Media.
  • "Client" refers to any individual or entity that engages New Growth Media for Services.
  • "Campaign" refers to any Google Ads campaign created and managed by New Growth Media on behalf of the Client.
  • "Ad Account" refers to the Client's Google Ads account where Campaigns are created and managed.
  • "Ad Spend" refers to the amount of money spent on Google Ads, which is separate from New Growth Media's management fees.
  • "Deliverables" refers to the reports, strategies, and other materials provided to the Client as part of the Services.

Service Terms

2.1 Service Description

New Growth Media provides specialized Google Ads management services for therapy practices. Our services include campaign strategy, setup, optimization, and reporting. The specific services to be provided will be outlined in a separate Service Agreement or Statement of Work.

2.2 Service Delivery

We will use reasonable efforts to provide the Services in a professional and workmanlike manner. We will assign qualified personnel to perform the Services and will provide the Services in accordance with industry standards.

2.3 Timeline

We will work diligently to meet any agreed-upon timelines for deliverables. However, you acknowledge that many factors outside of our control may affect the timeline, including but not limited to changes in your requirements, delays in your provision of necessary information or approvals, and technical issues with third-party platforms like Google Ads.

2.4 Communication

We will communicate with you regularly regarding the status of your Campaigns. You will be assigned a dedicated account manager who will be your primary point of contact. We will respond to your inquiries within one business day during normal business hours (Monday through Friday, 9:00 AM to 5:00 PM Mountain Time, excluding holidays).

2.5 Performance

While we strive to achieve optimal results for all clients, we cannot guarantee specific outcomes, such as a particular number of leads, clients, or return on investment. Digital advertising results depend on numerous factors, including market conditions, competition, your services, your website, and your client conversion process.

Payment Policies

3.1 Fee Structure

Our fee structure consists of two components:

  • Management Fee: A fixed monthly fee for our services, starting at $997 per month.
  • Ad Spend: The amount you choose to spend on Google Ads, which is paid directly to Google.

The specific Management Fee will be outlined in your Service Agreement and may vary based on the complexity of your campaigns and the level of service required.

3.2 Payment Terms

Management Fees are billed monthly and are due on the first day of each month for that month's services. Payment must be made via credit card, which will be automatically charged on the due date. We may also accept other payment methods at our discretion.

3.3 Ad Spend

You are responsible for funding your Google Ads account directly. We will provide guidance on recommended Ad Spend levels based on your goals, but the final decision on Ad Spend amounts rests with you. We are not responsible for any charges incurred through your Google Ads account.

3.4 Late Payments

If payment is not received by the due date, we reserve the right to suspend services until payment is made. A late fee of 1.5% per month may be applied to overdue balances.

3.5 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Any price changes will be communicated to you in writing and will apply to the next billing cycle after the notice period.

Client Responsibilities

4.1 Information and Access

You agree to provide us with accurate and complete information necessary for us to perform the Services. This includes but is not limited to:

  • Access to your Google Ads account or authorization to create one on your behalf
  • Information about your practice, services, target clients, and geographic service area
  • Access to relevant analytics and tracking tools
  • Timely responses to our requests for information or approvals

4.2 Website and Landing Pages

You are responsible for maintaining a professional website and landing pages that comply with Google's policies and effectively convert visitors into leads. While we may provide recommendations for website improvements, implementation of these recommendations is your responsibility unless explicitly included in our Services.

4.3 Compliance with Laws and Regulations

You are responsible for ensuring that your practice, services, website, and any content or materials you provide to us comply with all applicable laws, regulations, and professional standards, including but not limited to healthcare regulations, privacy laws, and ethical guidelines for therapy practices.

4.4 Client Conversion Process

You are responsible for converting leads generated through our Services into clients. This includes timely and professional response to inquiries, effective consultation processes, and appropriate follow-up procedures.

Intellectual Property Rights

5.1 Our Intellectual Property

We retain all right, title, and interest in and to our intellectual property, including but not limited to our methodologies, know-how, proprietary processes, templates, tools, and software. Nothing in these Terms or the provision of the Services transfers any rights in our intellectual property to you.

5.2 Client Materials

You retain all right, title, and interest in and to any materials you provide to us for use in connection with the Services. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify these materials solely for the purpose of providing the Services to you.

5.3 Deliverables

Upon full payment of all fees due, you will own all rights to the final Deliverables created specifically for you as part of the Services, except for any of our intellectual property incorporated into the Deliverables.

5.4 Portfolio Rights

You grant us the right to use your name and general information about the Services we provided to you in our portfolio, case studies, and other promotional materials. We will not disclose any confidential information about your practice or clients in such materials without your prior written consent.

Limitation of Liability

6.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW GROWTH MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

6.3 Cap on Liability

IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Termination Conditions

7.1 Term

The term of our Services begins on the date specified in your Service Agreement and continues on a month-to-month basis until terminated in accordance with these Terms.

7.2 Termination by Client

You may terminate the Services at any time with 30 days' written notice. Notice must be provided via email to support@newgrowthmedia.com. You will be responsible for payment of fees for the entire notice period, regardless of whether you want us to continue providing Services during that period.

7.3 Termination by New Growth Media

We may terminate the Services at any time with 30 days' written notice. Additionally, we may terminate the Services immediately if:

  • You fail to make any payment when due
  • You breach any provision of these Terms
  • You engage in conduct that, in our sole discretion, is unethical, dishonest, or damaging to our reputation
  • We are unable to continue providing the Services due to changes in laws, regulations, or platform policies

7.4 Effect of Termination

Upon termination, we will transfer control of your Campaigns back to you or deactivate them, at your request. We will provide you with a final report and any necessary documentation to continue managing your Campaigns. You will remain responsible for any outstanding fees.

Privacy Practices

8.1 Data Collection and Use

We collect and use your information as described in our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

8.2 Client Data

We may access and process data related to your Campaigns, including but not limited to ad performance, click data, conversion data, and audience data. We will use this data solely for the purpose of providing and improving the Services.

8.3 Confidentiality

We will maintain the confidentiality of any confidential information you provide to us and will not disclose it to any third party except as necessary to provide the Services or as required by law.

Contact Information

If you have any questions about these Terms, please contact us at:

New Growth Media

Westhills Corporate Centre

7370 Sierra Morena Blvd SW

Calgary, Alberta T3H 4H9

Phone: (403) 630-3791

Email: support@newgrowthmedia.com

By using our Services, you acknowledge that you have read and understand these Terms of Service and agree to be bound by them.