Terms of Service for FocussedGrowth.com


Effective Date: 4/3/2025


1. Introduction

Welcome to FocussedGrowth.com (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and FocussedGrowth.com governing your access to and use of our website, digital marketing services, and related offerings (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.


2. Definitions

In these Terms:

  • “Agreement” means these Terms, together with any Service Order, Statement of Work, or other written agreement between you and FocussedGrowth.com.

  • “Client Content” means all information, data, text, images, and other materials you provide to us in connection with the Services.

  • “Deliverables” means all work product created by us for you under the Agreement.

  • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

3. Services

3.1 Scope of Services

The specific Services to be provided will be detailed in a separate Service Order, Statement of Work, or other written agreement between you and FocussedGrowth.com (each, a “Service Order”). FocussedGrowth.com provides digital marketing services, including but not limited to:

  • Search Engine Optimization (SEO)
  • Search Engine Management (SEM)
  • Social Media Management (SMM)
  • Pay-Per-Click advertising (PPC)
  • Customer Relationship Management (CRM)
  • Conversion Rate Optimization (CRO)
  • E-mail marketing
  • Brand strategy development
  • Content creation
  • Graphical design
  • Public Relations (PR)
  • Training & Development
  • Video production & editing
  • Coding & App Development
  • Website design & development
  • Analytics and reporting
  • Inbound marketing
  • Influencer marketing
  • Community management
  • AI-Powered Marketing & Marketing Automation
  • Consulting
  • OSINT
  • White-Labeling to all forementioned

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.


3.2 No Guarantee of Results

You acknowledge and agree that digital marketing is subject to numerous external factors beyond our control, including but not limited to search engine algorithms, market conditions, competitor activities, and industry trends. While we strive to achieve positive results, WE DO NOT GUARANTEE ANY SPECIFIC OUTCOME, RANKING, CONVERSION RATE, OR RETURN ON INVESTMENT FROM OUR SERVICES.

 

4. Client Responsibilities

 

4.1 Cooperations and Assistance

You agree to:

  • Provide timely, accurate, and complete information as reasonably required for the performance of the Services

  • Review and respond to our communications in a timely manner

  • Designate a primary contact person with authority to make decisions regarding the Services

  • Provide necessary access to relevant accounts, systems, and platforms as required for the performance of the Services

  • Obtain all necessary permissions, consents, and licenses for any Client Content provided to us

 

4.2 Compliance with Laws

You represent and warrant that:

  • Your use of the Services will comply with all applicable laws, regulations, and industry standards

  • You will not use the Services for any unlawful, fraudulent, deceptive, or predatory purpose

  • All Client Content provided to us complies with applicable laws and regulations, including those relating to intellectual property, privacy, data protection, consumer protection, and advertising

4.3 Prohibited Activities

You shall not:

  • Use the Services to transmit any material that is defamatory, harassing, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable

  • Interfere with or disrupt the integrity or performance of the Services or related systems

  • Attempt to gain unauthorized access to the Services or related systems

  • Use the Services to infringe upon the intellectual property rights of others

  • Use the Services to distribute malware, viruses, or other malicious code

  • Engage in any activity that could reasonably be expected to damage our reputation or business relationships

 

5. Payment Terms

 

5. Fees and Payment

You agree to pay all fees specified in the applicable Service Order. Unless otherwise specified:

  • All fees are quoted in USD and are non-refundable

  • Payment is due within thirty (30) days of invoice date

  • We may suspend Services if payment is not received when due

  • You are responsible for all taxes applicable to the Services, excluding taxes based on our net income

 

5.2 Late Payments

Overdue amounts will accrue interest at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less, from the date such payment was due until paid in full.

5.3 Fees Changes

We reserve the right to change our fees upon thirty (30) days’ written notice. If you do not agree to such changes, you may terminate the Agreement as provided in Section 10.

 

6. Intellectual Property

6.1 Client Content

You retain all right, title, and interest in and to your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services to you during the term of the Agreement.

6.2 Company Materials

We retain all right, title, and interest in and to:

  • Our pre-existing materials, including methodologies, know-how, proprietary tools, software, templates, and frameworks

  • Any modifications or enhancements to our pre-existing materials

  • Any general knowledge, skills, experience, ideas, concepts, know-how, and techniques used or developed in the course of providing the Services

6.3 Deliverables

Unless expressly stated otherwise in a Service Order:

  • Upon full payment of all applicable fees, we grant you a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, and display the Deliverables for your internal business purposes

  • We retain all right, title, and interest in and to the Deliverables, including all Intellectual Property Rights therein

  • We reserve the right to use and incorporate into our business any knowledge, techniques, or processes developed or utilized in creating the Deliverables

6.4 Portfolio Rights

Unless you expressly opt out in writing, you grant us the right to use your name, logo, and a general description of the Services provided as part of our portfolio, case studies, and promotional materials.



7. Confidentiality

7.1 Definition of Confidential Information

“Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

7.2 Protection of Confidential Information

The Receiving Party agrees to:

  • Use the Confidential Information solely for the purpose of performing its obligations under the Agreement.

  • Protect the Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care

  • Not disclose the Confidential Information to any third party without the Disclosing Party’s prior written consent, except to employees, contractors, and advisors who need to know such information and who are bound by obligations of confidentiality at least as restrictive as those contained herein

 

7.3 Exclusions

The obligations in Section 7.2 do not apply to information that:

  • Is or becomes publicly available through no fault of the Receiving Party

  • Was known to the Receiving Party prior to disclosure by the Disclosing Party

  • Is rightfully received by the Receiving Party from a third party without a duty of confidentiality

  • Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information

  • Is required to be disclosed by law or court order, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement and cooperates with any efforts to contest or limit such disclosure

 

7.4 Duration

The obligations in this Section 7 will survive the termination of the Agreement for a period of three (3) years.



8. Representations and Warranties

 

8.1 Mutual Representations and Warranties

Each party represents and warrants that:

  • It has the full right, power, and authority to enter into and perform its obligations under the Agreement

  • Its performance under the Agreement will not violate any applicable law or regulation or any agreement with a third party

8.2 Company Representations and Warranties

We represent and warrant that:

  • We will perform the Services in a professional and workmanlike manner in accordance with generally accepted industry standards

  • We will comply with all applicable laws and regulations in providing the Services

  • To the best of our knowledge, the Deliverables will not infringe upon the Intellectual Property Rights of any third party

8.3 Client Representations and Warranties

You represent and warrant that:

  • You have all necessary rights, permissions, and consents to provide the Client Content to us

  • The Client Content does not infringe upon the Intellectual Property Rights or other rights of any third party

  • You will use the Services and Deliverables in compliance with all applicable laws and regulations

8.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

 

9. Limitation of Liability

 

9.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO US UNDER THE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3 Exceptions

The limitations in Sections 9.1 and 9.2 will not apply to:

  • Either party’s indemnification obligations under Section 11

  • Either party’s breach of its confidentiality obligations under Section 7

  • Your payment obligations under Section 5

  • Liabilities that cannot be limited by law



10. Term and Terminiations

 

10.1 Term 

The Agreement will commence on the effective date specified in the applicable Service Order and will continue until completion of the Services or until terminated as provided herein.

10.2 Termination for Convenience

Either party may terminate the Agreement for convenience upon thirty (30) days’ written notice to the other party, unless otherwise specified in the applicable Service Order.

10.3 Termination for Cause

Either party may terminate the Agreement for cause:

  • Immediately upon written notice if the other party materially breaches the Agreement and fails to cure such breach within fifteen (15) days after receiving written notice thereof

  • Immediately upon written notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings


10.4 Effect of Termination 

Upon termination of the Agreement:

  • We will cease providing the Services

  • You will pay all outstanding fees for Services performed up to the date of termination

  • You will pay any early termination fees specified in the applicable Service Order

  • Each party will return or destroy all Confidential Information of the other party in its possession or control

  • The provisions of Sections 5, 6, 7, 8.4, 9, 10.4, 11, 12, and 13 will survive termination



11. Indemnification

 

11.1 Indemnification by Company

We will defend, indemnify, and hold you harmless from and against any third-party claims, actions, suits, proceedings, and demands alleging that the use of the Deliverables as provided by us and used in accordance with the Agreement infringes or misappropriates such third party’s Intellectual Property Rights, and will indemnify you for any damages finally awarded against you or agreed to in settlement by us.

11.2 Indemnification by Client

You will defend, indemnify, and hold us harmless from and against any third-party claims, actions, suits, proceedings, and demands arising from or related to:

  • Your breach of the Agreement

  • Your use of the Services or Deliverables in violation of the Agreement or applicable law

  • The Client Content, including any claim that the Client Content infringes or misappropriates such third party’s Intellectual Property Rights or other rights

  • Your products, services, or business practices

 

11.3 Indemnification Procedure

The indemnifying party’s obligations under this Section 11 are conditioned upon the indemnified party:

  • Promptly notifying the indemnifying party in writing of the claim

  • Giving the indemnifying party sole control of the defense and settlement of the claim

  • Providing reasonable cooperation to the indemnifying party at the indemnifying party’s expense

  • Not making any admission, offer, settlement, or compromise without the indemnifying party’s prior written consent



12. Dispute Resolution

 

12.1 Informal Resolution

The parties agree to attempt in good faith to resolve any dispute arising out of or relating to the Agreement informally through discussions between authorized representatives of each party.

12.2 Mediation


If the parties are unable to resolve the dispute through informal discussions within thirty (30) days, either party may initiate mediation by providing written notice to the other party. The mediation will be conducted in [Your City, State] by a mutually acceptable mediator and in accordance with the rules of the American Arbitration Association.

12.3 Arbitration

If the dispute is not resolved through mediation within sixty (60) days of the initiation of such procedure, or if either party refuses to participate in mediation, the dispute shall be settled by binding arbitration conducted in [Your City, State] in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop the unauthorized use or disclosure of its Confidential Information or Intellectual Property Rights.

12.5 Class Action Waiver

YOU AND FOCUSSEDGROWTH.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.



13. General Provisions

 

13.1 Entire Agreement

The Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

13.2 Amendments

The Agreement may only be amended or modified by a written instrument executed by both parties.

13.3 Severability

If any provision of the Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law.

13.4 Waiver

The failure of either party to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.

13.5 Force Majeur

Neither party will be liable for any failure or delay in performance under the Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service provider failures.

13.6 Assignment

You may not assign or transfer the Agreement, or any rights or obligations under the Agreement, without our prior written consent. We may assign or transfer the Agreement, in whole or in part, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

13.7 Relationship of the Parties


The parties are independent contractors. Nothing in the Agreement will be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or to incur obligations on the other’s behalf.

13.8 Notices

All notices under the Agreement must be in writing and will be deemed given: (a) when delivered personally; (b) when sent by confirmed email; (c) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one (1) business day after deposit with a commercial overnight carrier, with written verification of receipt. All notices must be sent to the address set forth in the applicable Service Order or to such other address as may be designated by either party from time to time.

13.9 No Third-Party Beneficiaries

The Agreement is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Agreement.

13.10 Governing Law

The Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

13.11 Venue

Subject to Section 12, any legal action or proceeding arising out of or related to the Onslow County, North Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

13.12 Attorney’s Fees

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

13.13 Headings

The section headings in the Agreement are for convenience only and have no legal or contractual effect.

13.14 Counterparts

The Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



14. Data Privacy & Security

 

14.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated by reference into these Terms and available at [URL to Privacy Policy]. By using our Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

14.2 Data Processing

To the extent we process personal data on your behalf in connection with the Services, we will:

  • Process such data only in accordance with your documented instructions

  • Implement appropriate technical and organizational measures to protect such data

  • Assist you in responding to requests from data subjects

  • Assist you in complying with your obligations under applicable data protection laws

  • Delete or return all such data upon termination of the Services, unless otherwise required by law

14.3 Data Privacy & Security

We implement reasonable administrative, technical, and physical safeguards designed to protect your information. However, no security system is impenetrable, and we cannot guarantee the security of our systems or your information.

15. Contact Information

For questions or concerns regarding these Terms, please contact us at:

support@focussedgrowth.com

 

16. Acknowledgement

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ALL OTHER INCORPORATED POLICIES AND AGREEMENTS.

YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY, WHICH DESCRIBES OUR COLLECTION, USE, AND DISCLOSURE OF INFORMATION AND DATA.



Last Updated: 4/3/2025