Last updated: July 22, 2026
These Terms of Sale (the “Terms”) govern the purchase and provision of services offered by Shibga Media LLC (“Shibga Media,” “we,” “us,” or “our”) to you or the entity you represent (the “Client,” “you,” or “your”). By purchasing, ordering, or using any of our services, or by signing a proposal, order form, or statement of work that references these Terms, you agree to be bound by them. If you do not agree, do not purchase or use our services.
1. Definitions
- “Services” means the digital marketing services we provide, which may include search engine optimization (SEO), pay-per-click and Google Ads management, lead generation, social media advertising, content writing, web design and development, analytics, and related consulting.
- “Order” means a proposal, order form, statement of work, service agreement, or online checkout through which you purchase Services.
- “Fees” means the amounts payable for the Services as set out in your Order.
- “Ad Spend” means amounts paid to third-party advertising platforms (such as Google, Meta, or Microsoft) to run advertisements, which are separate from our management Fees.
2. Services
We will provide the Services described in your Order using reasonable skill and care. The specific scope, deliverables, and timelines are defined in each Order. Any work requested outside the agreed scope may be subject to additional Fees and a separate or amended Order. We may use qualified subcontractors or third-party tools to deliver the Services while remaining responsible for the Services we provide.
3. Fees, Billing, and Payment
- Fees are described in your Order and are quoted in U.S. dollars unless stated otherwise.
- Unless otherwise agreed in writing, recurring Services are billed monthly in advance, and one-time Services are billed as set out in the Order.
- Payment is due on the date specified in the Order or invoice. By providing a payment method, you authorize us (and our payment processor) to charge the applicable Fees on a recurring basis until the Services are cancelled in accordance with these Terms.
- Ad Spend is separate from and in addition to our management Fees and is either billed to you or charged directly to your advertising account, as agreed in your Order.
- Late or failed payments may result in suspension or termination of the Services. Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
- Unless expressly stated, Fees are exclusive of any applicable taxes, which are your responsibility.
4. Term, Renewal, and Cancellation
- The term of each engagement is stated in your Order. Recurring engagements automatically renew for successive periods (e.g., month-to-month) unless cancelled.
- Either party may cancel a recurring engagement by providing written notice at least thirty (30) days before the next billing period, unless a different notice period is stated in your Order.
- Cancellation stops future billing but does not entitle you to a refund of Fees already paid or of Fees for the current billing period, except as required by law or expressly stated in these Terms.
5. Refunds
Because our Services involve dedicated time, labor, and third-party costs that begin immediately, Fees are generally non-refundable once work has commenced. Any refund or credit that we agree to provide will be handled on a case-by-case basis and communicated in writing. One-time setup fees, completed deliverables, and Ad Spend already committed to advertising platforms are non-refundable.
6. Client Responsibilities
To enable us to deliver the Services, you agree to:
- Provide timely access to accounts, websites, hosting, analytics, advertising platforms, and any materials or approvals we reasonably require;
- Ensure that all content, images, logos, and other materials you provide are accurate and do not infringe the rights of any third party;
- Cooperate and respond to requests within a reasonable time, understanding that delays on your side may affect timelines and results; and
- Comply with all applicable platform policies (including Google Ads and other advertising network policies) and applicable laws.
7. Third-Party Platforms and Advertising
Some Services rely on third-party platforms such as Google, Google Ads, Meta, and Microsoft Advertising. Your use of those platforms is subject to their own terms and policies. We do not control and are not responsible for third-party platform decisions, including account suspensions, ad disapprovals, algorithm changes, pricing changes, or downtime. You remain the owner of your advertising and analytics accounts unless otherwise agreed.
8. Performance and No Guarantee of Results
We use industry best practices and commercially reasonable efforts to improve your marketing performance. However, SEO, advertising, and lead-generation results depend on many factors outside our control, including search engine and platform algorithms, competition, market conditions, your budget, your website, and your response to inquiries. We do not guarantee specific rankings, traffic volumes, lead quantities, conversion rates, cost-per-lead, or revenue outcomes. Any examples, case studies, or projections are illustrative and are not a promise of your results.
9. Intellectual Property
Subject to full payment of applicable Fees, deliverables we create specifically for you under an Order become your property upon payment. We retain ownership of our own pre-existing materials, tools, software, templates, processes, and know-how, and we may reuse general skills and knowledge gained during the engagement. You grant us a limited license to use your names, logos, and materials as necessary to perform the Services and, unless you opt out in writing, to reference you as a client in our portfolio and marketing.
10. Confidentiality
Each party may receive confidential information from the other. Both parties agree to keep such information confidential and to use it only to perform or receive the Services, except where disclosure is required by law. This obligation does not apply to information that is or becomes public through no fault of the receiving party.
11. Warranties and Disclaimer
We warrant that we will perform the Services in a professional and workmanlike manner. Except as expressly stated, the Services are provided “as is” and “as available,” and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Services will not exceed the total Fees you paid to us for the Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability. Nothing in these Terms limits liability that cannot be limited under applicable law.
13. Indemnification
You agree to indemnify and hold harmless Shibga Media LLC and its owners, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of the content or materials you provide, your use of the Services in violation of these Terms or applicable law, or your breach of any third-party platform policy.
14. Termination
Either party may terminate an engagement immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days after notice. Upon termination, you remain responsible for all Fees and Ad Spend incurred up to the effective date of termination. Sections relating to payment, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification survive termination.
15. Force Majeure
Neither party is liable for delays or failures to perform caused by events beyond its reasonable control, including acts of God, natural disasters, outages, platform failures, labor disputes, or government actions.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The parties will attempt to resolve any dispute in good faith. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, unless otherwise required by applicable law.
17. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Changes apply to Orders placed after the effective date of the update. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
18. Entire Agreement
These Terms, together with your Order and any documents expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions and agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect.
19. Contact Us
If you have any questions about these Terms of Sale, please contact us:
Shibga Media LLC
Email: info@shibga.com
Website: https://shibga.com