Terms of Service

These Terms of Service (“Terms”) govern your use of the services provided by Proplus (“Service Provider”). By using our services, you (“Beneficiary”) acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms constitute a legally binding agreement between you and Proplus. If you do not agree to these Terms, please do not use our services.

Proplus provides digital marketing and client acquisition services as described in the applicable service agreement. Any performance guarantees are conditional and subject to the terms outlined in the qualified guarantee.

The Service Provider shall use commercially reasonable efforts to deliver the services as described, but results may vary based on market conditions, industry, and other external factors.

Payment terms are as specified in the applicable service agreement. All fees are due as outlined in the agreed payment schedule.

Refunds are subject to strict conditions. Refunds do not apply where the Beneficiary has failed to meet their obligations, has not participated in the process as required, or where external factors beyond the Service Provider's control have affected outcomes.

The Beneficiary retains ownership of all content provided to the Service Provider for the purposes of delivering the services.

• Provide accurate and complete information as required for service delivery
• Respond to communications and requests in a timely manner
• Participate actively in the process as outlined in the service agreement
• Comply with all applicable laws and regulations
• Maintain confidentiality of any proprietary information shared

To the maximum extent permitted by law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the services.

The Service Provider makes no express or implied warranties regarding the results of the services. All services are provided “as is” and “as available”.

Any disputes arising from these Terms shall first be attempted to be resolved through good faith negotiation between the parties.

If negotiation fails, the parties agree to attempt mediation before pursuing arbitration.

6.2 Binding Arbitration

Any unresolved disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules. The arbitration shall take place in New Castle County, Delaware.

Both parties expressly waive their right to a jury trial.

7.1 For Cause

Either party may terminate these Terms for cause upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice.

7.2 For Convenience

Either party may terminate for convenience upon 30 days' written notice. Upon such termination, the Beneficiary shall pay all accrued fees for services rendered.

Survival clauses: Confidentiality (5 years), indemnification (indefinite), and dispute resolution (indefinite) provisions shall survive termination.

All notices under these Terms shall be in writing and shall be deemed effective upon receipt. Changes to contact information require 10 business days' prior written notice.

Governing Law: State of Delaware, USA

Jurisdiction: New Castle County, Delaware

For legal enquiries, contact us at legal@proplusagency.com