Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of thetopclick.com (the “Website”) and any digital marketing services provided by thetopclick (“thetopclick”, “we”, “us” or “our”), including Google Ads / PPC management, Meta Ads, conversion rate optimization (CRO), local SEO and Google Maps optimization, landing page design and technical SEO audits (together, the “Services”).

By accessing the Website, booking a consultation or using the Services, you agree to these Terms. If you are accepting these Terms on behalf of a company or other organization, you confirm that you have the authority to bind that organization. If you do not agree to these Terms, do not use the Website or Services.

1. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Website or Services. The Services are intended for businesses and professional use.

2. Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• use the Website in any way that breaks any applicable law or regulation;
• copy, scrape, reproduce or resell any part of the Website without our written permission;
• attempt to gain unauthorized access to the Website, its servers or any connected systems;
• introduce viruses, malware or other harmful code;
• interfere with or disrupt the operation or security of the Website; or
• submit false, misleading or fraudulent information through our forms.

3. Consultations, Proposals and Service Agreements

Free consultations, account reviews and audits are provided for information purposes only and do not create a client relationship. Any paid engagement will be described in a written proposal, statement of work, order form or service agreement (an “Agreement”) that sets out the scope, deliverables, fees and term. If there is a conflict between these Terms and a signed Agreement, the Agreement will prevail.

4. Fees and Payment

• Fees for the Services are set out in your Agreement or invoice. Unless stated otherwise, fees are quoted in US dollars and exclude applicable taxes.
• Invoices are payable by the due date shown on the invoice. We may pause or suspend the Services if payments are overdue.
• Advertising spend is separate from our management fees. Unless otherwise agreed in writing, you pay advertising platforms such as Google and Meta directly for media spend, using your own payment method.
• Except where required by law or stated in your Agreement, fees paid for work already performed are non-refundable.

5. Client Responsibilities

To help us deliver the Services, you agree to:

• provide accurate, complete and timely information, content, approvals and feedback;
• give us the account access we reasonably need (for example, to ad accounts, analytics, Google Business Profile or your website) and keep your own login credentials secure;
• ensure that you own or have the rights to all content, trademarks, images and data you provide to us;
• ensure that your products, services, offers and landing pages comply with applicable laws and with the advertising policies of the relevant platforms; and
• have a lawful basis and provide any required privacy notices for any customer data you share with us or ask us to upload to advertising platforms.

6. No Guarantee of Results

Digital marketing results depend on many factors outside our control, including search engine and platform algorithms, competition, market conditions, budgets and the quality of your offer and website. We do not guarantee any specific rankings, traffic, leads, sales, cost per lead, return on ad spend or other results. Any figures, case studies, forecasts or estimates shared on the Website or during a consultation are illustrations based on past experience and are not promises of future performance.

7. Third-Party Platforms

Many of the Services rely on third-party platforms such as Google, Meta, Microsoft and website hosting providers. These platforms are governed by their own terms and policies, which may change at any time. We are not responsible for the actions, decisions, outages, policy changes, ad disapprovals or account suspensions of any third-party platform, although we will make reasonable efforts to help you resolve such issues.

8. Intellectual Property

All content on the Website, including text, graphics, logos, designs, videos and code, is owned by or licensed to thetopclick and is protected by copyright, trademark and other intellectual property laws. You may view and print pages from the Website for your own personal or internal business use only.

Unless your Agreement says otherwise, once you have paid all fees due, you will own the final deliverables created specifically for you (such as ad copy, landing page designs and reports). We keep ownership of our pre-existing materials, templates, tools, know-how and methods, and we grant you a non-exclusive licence to use any of them that are included in your deliverables. You grant us a licence to use the materials you provide solely to deliver the Services. With your permission, we may refer to you as a client and describe the work in our portfolio or case studies.

9. Confidentiality

Each party agrees to keep the other party’s non-public business, technical and financial information confidential and to use it only for the purposes of the engagement, except where disclosure is required by law. This obligation continues after the engagement ends.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.

11. Communications

By submitting your details through the Website, you agree that we may contact you by email, phone or text message about your enquiry. You can opt out of marketing communications at any time as described in our Privacy Policy.

12. Disclaimer of Warranties

The Website and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted availability. Content on the Website is for general information only and is not legal, financial or professional advice.

13. Limitation of Liability

To the fullest extent permitted by law, thetopclick and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the Website or the Services. Our total liability for any claim arising out of or related to the Services will not exceed the fees you paid to us for the Services in the three (3) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless thetopclick and its owners, employees and contractors from any claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your content or materials, your products or services, or your violation of any law or third-party right.

15. Term and Termination

The term, notice period and termination rights for paid Services are set out in your Agreement. We may suspend or terminate your access to the Website at any time if you breach these Terms. When an engagement ends, you must pay all fees due up to the termination date, and we will cooperate reasonably to return account access and hand over deliverables you have paid for. Sections that by their nature should survive termination (including fees owed, intellectual property, confidentiality, disclaimers, limitation of liability and indemnification) will survive.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules. Before starting any formal proceedings, both parties agree to try in good faith to resolve any dispute informally by contacting each other. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in California, and both parties consent to the jurisdiction of those courts.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date above. Changes apply from the date they are posted. Your continued use of the Website or Services after changes are posted means you accept the updated Terms.

18. General

• Entire agreement – these Terms, together with our Privacy Policy and any Agreement, form the entire agreement between you and us about their subject matter.
• Severability – if any provision is found invalid or unenforceable, the remaining provisions will remain in full effect.
• No waiver – our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment – you may not transfer your rights under these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of our business.
• Force majeure – neither party is liable for delays or failures caused by events beyond its reasonable control, including platform outages, natural disasters or government action.

19. Contact Us

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