Terms of Service

Acceptance of Terms

By accessing or using this website, requesting information about our services, or entering into a service agreement with Novirth, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

These Terms apply to all visitors, clients, and others who access or use our services. Novirth reserves the right to update these Terms at any time, and continued use of our services constitutes acceptance of any changes.

Services Provided

Novirth provides digital marketing services to home improvement contractors and related businesses, including but not limited to:

• Paid advertising campaign management (Google Ads, Meta Ads, TikTok Ads)
• Lead generation system design and implementation
• Landing page creation and optimization
• Marketing automation setup and management
• CRM integration and pipeline management
• Analytics, reporting, and performance optimization
• Sales process consulting and team training

The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate Service Agreement signed between Novirth and the client. These Terms govern the general relationship and supplement any such agreement.

Eligibility

Our services are intended for businesses and business owners. By engaging Novirth, you represent that:

• You are at least 18 years of age
• You have the legal authority to enter into a binding agreement on behalf of yourself or your business
• Your business operates in compliance with applicable laws and regulations
• The information you provide to us is accurate and complete

Client Responsibilities

To enable Novirth to deliver services effectively, clients agree to:

• Provide timely access to necessary accounts, assets, and information (e.g., ad accounts, website access, brand guidelines)
• Respond to communications and requests within a reasonable timeframe
• Ensure advertising budgets are funded and accounts are in good standing
• Provide accurate information about their business, services, and target audience
• Comply with the terms of service of all third-party platforms used in campaigns (Google, Meta, etc.)
• Not misrepresent their business or services in any materials provided to Novirth

Novirth is not liable for delays, reduced performance, or failure to deliver results caused by the client's failure to meet these responsibilities.

Payment & Fees

Fees for Novirth's services are outlined in each client's Service Agreement. General payment terms include:

• Management fees are due as specified in the Service Agreement (typically monthly, in advance)
• Ad spend budgets are separate from management fees and are paid directly to advertising platforms by the client
• Late payments may result in suspension of services
• All fees are non-refundable unless otherwise stated in the Service Agreement
• Novirth reserves the right to adjust pricing with 30 days' written notice

In the event of a billing dispute, clients must notify Novirth in writing within 15 days of receiving an invoice. Undisputed amounts remain due and payable.

Intellectual Property

Unless otherwise agreed in writing:

• All creative assets, campaign structures, automations, and systems developed by Novirth remain the intellectual property of Novirth until full payment is received
• Upon full payment, clients receive a non-exclusive license to use deliverables created specifically for their account
• Novirth retains the right to use anonymized campaign data and results for internal analysis, case studies, and marketing purposes
• Clients retain ownership of all pre-existing materials, brand assets, and content provided to Novirth

All content on the Novirth website — including text, graphics, logos, and code — is owned by Novirth and protected by applicable intellectual property laws. Unauthorized reproduction is prohibited.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including but not limited to business strategies, customer data, pricing, and campaign performance data.

This confidentiality obligation does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known prior to disclosure; or (c) is required to be disclosed by law or court order.

Disclaimers

Novirth provides marketing and lead generation services but does not guarantee specific results. Digital advertising performance is subject to factors outside our control, including but not limited to:

• Market conditions and competition in the client's service area
• Changes to third-party platform algorithms and policies
• Ad budget levels and campaign duration
• The quality of the client's sales process and follow-up
• Seasonal demand fluctuations

Our website and services are provided "as is" without warranties of any kind, express or implied. Novirth does not warrant that results will meet any specific performance targets unless explicitly guaranteed in a signed Service Agreement.

Limitation of Liability

To the fullest extent permitted by applicable law, Novirth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity.

Novirth's total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by the client to Novirth in the three (3) months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Novirth, its employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services or website
• Your violation of these Terms
• Your violation of any third-party rights or platform policies
• Any inaccurate or misleading information provided to Novirth

Term & Termination

Service agreements begin on the start date specified and continue for the term outlined in the agreement. Either party may terminate services by providing written notice as specified in the Service Agreement (typically 30 days).

• Novirth may terminate services immediately for non-payment or material breach of these Terms
• Upon termination, the client is responsible for all fees due through the end of the notice period
• Novirth will provide reasonable assistance in transitioning account access back to the client upon termination
• Provisions regarding intellectual property, confidentiality, and limitation of liability survive termination

Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be submitted to binding arbitration or the competent courts of the jurisdiction where Novirth is registered.

Changes to Terms

Novirth reserves the right to modify these Terms at any time. We will notify active clients of material changes via email. The updated Terms will be effective upon posting to this page with a revised "Last updated" date.

Continued use of our services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you may terminate your service agreement in accordance with Section 11.

YouTube API Services

Some of our services use YouTube API Services to publish approved content and produce reports for YouTube channels owned by Novirth or by clients who authorize us through Google's OAuth consent screen. By authorizing a YouTube channel, you agree to be bound by the YouTube Terms of Service. How we collect, use, store and delete YouTube data is described in Section 13 of our Privacy Policy and in the Google Privacy Policy. You may revoke our access at any time at Google Security Settings.

Contact Us

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