01/01/2023
### 1. Introduction
Welcome to Astro Marketing ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our Facebook ad management and graphic design services ("Services"). By using our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
### 2. Services
We provide Facebook ad management and graphic design services, including the creation and optimization of ads to generate leads interested in your services or products.
### 3. Software Requirement and Fees
- Ad Retargeting Software: For optimal ad retargeting and lead generation, every customer must use our proprietary software, which costs an additional $899 per month plus a one-time setup fee of $2500. This software is required due to Facebook API requirements.
- Promotion: The setup fee for the software may be included for free as a promotional offer. Please refer to specific promotional terms for details.
### 4. Client Responsibilities
- Ad Budget: You are responsible for all payments related to your Facebook ad budget throughout the service period. You are required to have a minimum budget of $20 per day to receive leads.
- Information Provision: You agree to provide accurate and complete information necessary for the provision of our Services.
- Compliance: You agree to comply with all applicable laws, regulations, and Facebook's advertising policies.
- Ad Manager Access: You can view the details of your ad campaigns on adsmanager.facebook.com.
- Account Changes: If you make any changes to the ad account, ad design, campaign setup, or anything related to the ads, you are responsible for any resulting issues. We are not liable for any problems that arise from such changes.
### 5. Service Timeline
- Campaign Start: After payment and signup, it may take up to 14 business days to start your campaign.
- Ad Publishing: Ads may take 3-5 business days to be published.
- Service Completion: The service is considered complete once the campaign is published. We are not obligated to work on your campaign daily after publication until the next month's service period.
### 6. Account Setup Fees
- Facebook Account Setup: If you do not already have a Facebook (Meta) ad account or need assistance with setup and onboarding, there is a setup fee of $2500. This fee may be waived as a promotional offer. If you cancel the Services, we reserve the right to charge you up to this amount, either in one transaction or multiple transactions.
### 7. Onboarding Process
- Client Onboarding: Upon signing up, you will receive an onboarding link to your provided cellphone and email address. It is mandatory to promptly fill out this form. Any delay in completing the onboarding form may result in a postponement of the service.
- Agreement to Terms: Submission of the onboarding form indicates your agreement to these Terms and Conditions.
### 8. Payment Terms
- Service Fees: You agree to pay all fees associated with our Services as outlined in the service agreement or invoice provided.
- Payment Schedule: Payments must be made according to the schedule specified in the service agreement or invoice.
- Late Payments: Late payments may incur additional charges as specified in the service agreement.
- Cancellation Fees: If you cancel the Services, you may be liable for all months used of the ad service, late fees, monthly service fees, and setup fees. These fees may be charged in one or multiple transactions until the past due amount is fully paid.
- Payment Processors: We reserve the right to use different partners or names to process service fees without notifying customers. If you dispute a transaction, you may be liable to pay the transaction fee, payment processor's fee, and a fee of at least $1000 for wasting time in dispute resolution with the payment processor.
### 9. Refund Policy
- No Refunds: All payments made for our Services are non-refundable. Once a payment is made, it cannot be returned under any circumstances.
- Service Completion: You acknowledge that our Services involve significant time and resources, and thus, payments are non-refundable regardless of the outcome of the ad campaigns or lead generation efforts.
### 10. Limitation of Liability
- No Guarantees: We do not guarantee any specific results from the use of our Services. Lead generation and ad performance can vary based on numerous factors beyond our control. Any guarantees offered, such as a minimum of 10 hot leads, are contingent on maintaining the minimum daily budget of $20.
- Indirect Damages: We are not liable for any indirect, incidental, or consequential damages, including loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, our Services.
### 11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services.
### 12. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information disclosed during the course of the Services. This includes, but is not limited to, business strategies, marketing plans, and financial information.
### 13. Intellectual Property
All materials created by the Company, including ad graphics and content, are the intellectual property of the Company until full payment is received. Upon receipt of full payment, the intellectual property rights will be transferred to the Client.
### 14. Termination and Cancellation
- By Client: If you wish to cancel the service, you must provide written email notice at least 2 weeks prior to the end of the service duration (each service is provided on a monthly basis). Failure to provide such notice will result in automatic renewal or additional fees. We are not liable to notify you of any price changes, which can occur at any time. If you are receiving a discounted rate, you should expect price changes and cannot contest them.
- By Company: We reserve the right to terminate the Services at any time with no obligation if we encounter disrespect, personal attacks, racial profiling, or any similar behavior towards us or our associates. We have a zero-tolerance policy for such conduct.
### 15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state in which the Company is incorporated, without regard to its conflict of law principles.
### 16. Dispute Resolution
Any disputes arising out of or related to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the state in which the Company is incorporated.
### 17. Amendments
We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website or notifying you through other means. Your continued use of our Services after any amendments constitutes your acceptance of the new Terms.
### 18. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Astro Marketing
Astro AI Bots
15150 Blanco Rd, Apt 10208
San Antonio, TX 78232