Terms andConditions

Near me Marketing provides local visibility, lead capture, artificial intelligence, search optimisation, reputation management, business listing, automation, reporting, and growth strategy services.

Our services may include:

• Google Business Profile management
• Local search visibility
• Reviews and business listings
• AI phone answering
• Missed-call text back
• Appointment booking
• Lead qualification and follow-up
• Lead reactivation
• Answer Engine Optimization
• Generative Engine Optimization
• AI visibility audits
• Custom AI systems
• Revenue attribution
• Competitor and market intelligence
• Growth strategy services

The specific services purchased by a client will be described in a proposal, order form, service agreement, statement of work, invoice, or other written agreement.

By using this website or purchasing our services, you confirm that:

• You have read and understood these Terms
• You agree to be legally bound by them
• You have the authority to act for the business you represent
• The information you provide is accurate and complete
• You will use the website and services lawfully

If you do not agree with these Terms, you must not use the website or purchase our services.

Our services are primarily intended for businesses and authorised representatives of businesses.

By purchasing a service on behalf of a company, you confirm that you have authority to enter into agreements and approve charges on behalf of that company.

You are responsible for ensuring that all employees, contractors, representatives, and users who access our services through your business comply with these Terms.

The information on this website is provided for general business and informational purposes.

Website descriptions are intended to explain our services but may not contain every limitation, requirement, deliverable, or condition.

The exact scope of work will be defined in the applicable proposal, order form, service agreement, or statement of work.

If these Terms conflict with a signed service agreement, the signed service agreement will control for the relevant service.

A service will not be considered confirmed until the client has completed the required approval process.

This may include:

• Signing an agreement
• Accepting an order form
• Approving a proposal
• Paying an invoice
• Paying a setup fee
• Providing written confirmation
• Completing onboarding requirements

Pricing, deliverables, timelines, service limitations, and payment terms may vary between clients and packages.

Near me Marketing may decline a project before an agreement is completed.

Clients agree to pay all fees described in the applicable proposal, invoice, order form, or service agreement.

Fees may include:

• One-time setup fees
• Monthly service fees
• Custom project fees
• Usage-based charges
• Third-party platform expenses
• Communication charges
• Advertising or media costs
• Additional work approved by the client

Unless otherwise stated in writing:

• Payments must be made in the currency shown on the invoice
• The client is responsible for applicable taxes
• Services may not begin until required payments are received
• Additional work outside the agreed scope may require a separate fee
• Third-party expenses may be billed separately

Near me Marketing may use third-party payment processors. Payment information submitted through those processors is also governed by their terms and privacy policies.

Certain services are offered on a monthly or otherwise recurring basis.

By purchasing a recurring service, you authorise Near me Marketing or its payment provider to charge the approved payment method according to the billing schedule stated in your agreement.

Before purchasing, the applicable agreement should state:

• The recurring amount
• The billing frequency
• The first billing date
• Any setup fee
• The minimum service period, if applicable
• The renewal process
• The cancellation process
• Any notice requirement

You are responsible for maintaining a valid payment method and accurate billing information.

Failure to make a required payment may result in suspension or termination of services.

Some GrowthOS and AI services require a one-time setup fee.

Setup work may include:

• Business review and planning
• Account configuration
• System setup
• Profile optimisation
• Workflow configuration
• Calendar or CRM connection
• Knowledge-base preparation
• Phone or messaging configuration
• Testing and launch preparation

Whether setup fees are refundable must be stated in the applicable agreement.

Unless the applicable agreement states otherwise, work already completed is not refundable except where required by law.

Cancellation requirements will be stated in the client's applicable service agreement or order form.

Cancellation requests must be submitted through:

• Email to [cancellation email]
• Client account portal
• Written notice to [registered business address]

The agreement should clearly state any required notice period.

Cancellation does not automatically remove payment obligations that arose before the effective cancellation date.

Near me Marketing will not intentionally make cancellation more difficult than the process described when the service was purchased.

Refund eligibility depends on the applicable service agreement, work completed, third-party costs incurred, and the nature of the service.

Unless otherwise stated in writing:

• Completed setup work is not refundable
• Fees for services already delivered are not refundable
• Third-party fees are not refundable once incurred
• Custom work already started may be charged according to work completed
• Refunds required by applicable law will be honoured

Any approved refund will be processed through the original payment method where reasonably possible.

Near me Marketing may offer free visibility audits, AI visibility audits, consultations, assessments, or strategy discussions.

A free audit:

• Is based on information available at the time of review
• May not identify every issue affecting a business
• Does not guarantee a specific result
• Is not a full technical, financial, or legal assessment
• Does not create an ongoing service relationship
• May be followed by a recommended paid service

The client remains responsible for deciding whether to act on any recommendation.

Clients must provide accurate, complete, and timely information reasonably required to perform the services.

This may include:

• Business information
• Account access
• Google Business Profile access
• Website access
• CRM access
• Calendar access
• Customer communication rules
• Service details
• Approved scripts
• Frequently asked questions
• Contact information
• Review request information
• Lead or customer records
• Brand materials
• Required permissions and approvals

Delays caused by missing access, incomplete information, or delayed approvals may affect delivery dates and performance.

The client remains responsible for reviewing and approving important business information, offers, scripts, workflows, and communications.

"Client Content" means information, data, materials, logos, photographs, videos, recordings, reviews, customer records, scripts, and other content supplied by or on behalf of the client.

The client confirms that it has the necessary rights and permissions to provide and use Client Content.

The client grants Near me Marketing a limited licence to access, process, reproduce, modify, display, and distribute Client Content only as reasonably necessary to provide the agreed services.

The client remains responsible for the accuracy, legality, and ownership of Client Content.

Clients may provide information about customers, prospects, callers, previous enquiries, appointments, estimates, or other contacts.

The client confirms that it has a lawful basis and all necessary permissions to provide and use this information for the agreed purpose.

The client is responsible for:

• Collecting data lawfully
• Providing required notices
• Obtaining required consent
• Maintaining suppression and opt-out records
• Respecting communication preferences
• Providing accurate customer information
• Complying with applicable privacy and marketing laws

Near me Marketing may process this data only to provide the agreed services, subject to the applicable agreement and Privacy Policy.

Certain services may involve:

• SMS messages
• Email messages
• Outbound calls
• AI-generated voice calls
• Missed-call responses
• Appointment reminders
• Review requests
• Lead follow-up
• Lead reactivation

The client is responsible for ensuring that contacts may lawfully receive these communications.

The client must not provide purchased, scraped, unlawfully obtained, or unauthorised contact data for use through our systems.

The client must promptly inform Near me Marketing of:

• Consent withdrawals
• Unsubscribe requests
• Do-not-call requests
• Complaints
• Incorrect contact information
• Restricted contacts
• Legal or regulatory notices

Near me Marketing may suspend a campaign or communication workflow if it believes the activity may be unlawful, misleading, abusive, or harmful.

Some AI Front Desk or voice services may record, monitor, transcribe, or summarise calls where that feature is enabled.

The client is responsible for determining whether notices or consent are legally required in the relevant locations.

Where required, the client must approve and use an appropriate recording or monitoring notice.

Near me Marketing does not guarantee that transcripts or summaries will be completely accurate.

Important information should be independently reviewed before being relied upon.

Some services use artificial intelligence to answer calls, create summaries, classify enquiries, draft messages, analyse information, generate content, or support business workflows.

AI systems may occasionally:

• Misinterpret information
• Produce incomplete responses
• Generate incorrect statements
• Misclassify an enquiry
• Fail to recognise context
• Experience service interruptions
• Produce different outputs from similar inputs

The client must not rely on an AI system as the sole decision-maker for matters requiring professional judgement, emergency response, medical advice, legal advice, financial advice, safety decisions, or other high-risk determinations.

Human review should be used where accuracy or judgement is important.

Near me Marketing may change underlying AI providers or technologies where reasonably necessary to maintain or improve the service.

AI and automated systems are intended to support repeatable business processes.

They are not a complete replacement for human staff.

The client is responsible for:

• Defining escalation rules
• Providing appropriate human contacts
• Monitoring escalated enquiries
• Responding to urgent or sensitive matters
• Reviewing uncertain outputs
• Handling disputes and complaints
• Making final business decisions

Near me Marketing is not responsible for losses caused by the client's failure to monitor or respond to escalated matters.

Our services may depend on third-party platforms, including:

• Google
• Google Business Profile
• Google Maps
• ChatGPT
• Gemini
• Perplexity
• Website hosting providers
• CRM platforms
• Calendar systems
• Telephone providers
• SMS providers
• Email providers
• Payment processors
• Directory and listing platforms
• Analytics providers

Near me Marketing does not own or control these platforms.

Third-party platforms may change their:

• Features
• Prices
• Rules
• APIs
• Ranking systems
• AI models
• Policies
• Availability
• Account requirements

Near me Marketing is not responsible for outages, suspensions, policy changes, algorithm changes, data loss, or decisions made by third-party providers.

The client must comply with the terms of any third-party platform connected to the service.

The client is responsible for protecting usernames, passwords, authentication codes, and account access.

The client must:

• Provide access only to authorised people
• Use secure passwords
• Enable appropriate security controls
• Inform Near me Marketing of suspected unauthorised access
• Remove access from former staff members
• Maintain accurate administrator information

Near me Marketing is not responsible for loss caused by compromised access that did not result from its failure to use reasonable security measures.

Search positions and AI-generated recommendations are controlled by independent third-party platforms.

Near me Marketing does not guarantee:

• A first-page ranking
• A top-three map position
• A specific ranking increase
• A particular number of reviews
• Inclusion in an AI-generated answer
• A recommendation by ChatGPT, Gemini, Perplexity, or Google AI
• A specific source citation
• Permanent visibility
• A particular timeline for results

Performance may be affected by competition, location, market conditions, review activity, website strength, business category, platform changes, and other factors outside our control.

Any examples or past results are illustrative and do not guarantee future performance.

Near me Marketing does not guarantee any specific number of:

• Calls
• Leads
• Appointments
• Customers
• Sales
• Jobs
• Reviews
• Rankings
• AI mentions
• Revenue
• Return on investment

Results depend on factors including the client's offer, market, pricing, sales process, customer service, availability, reputation, competition, response time, and implementation.

The client remains responsible for converting leads, delivering services, handling customers, and making business decisions.

Near me Marketing may help clients request and respond to genuine customer reviews.

We do not approve:

• Fabricated reviews
• Reviews written by people who did not have a genuine experience
• Reviews posted under false identities
• Misleading incentives
• Review manipulation
• Removing legitimate criticism through improper methods
• Violations of platform review policies

The client must not instruct Near me Marketing to create or publish false customer feedback.

Review ratings and customer responses cannot be guaranteed.

You must not use our website or services to:

• Break any applicable law
• Mislead or defraud another person
• Impersonate another person or business
• Send spam or unauthorised communications
• Harass or threaten anyone
• Upload malware or harmful code
• Collect information unlawfully
• Publish false reviews
• Make deceptive claims
• Infringe intellectual property rights
• Circumvent security measures
• Interfere with another user or system
• Use AI systems for unlawful discrimination
• Conduct prohibited or harmful activities

Near me Marketing may suspend or terminate access where it reasonably believes these rules have been violated.

The website and its original content, design, branding, text, graphics, systems, methods, workflows, software, and materials are owned by or licensed to Near me Marketing.

They are protected by applicable intellectual property laws.

You may not copy, reproduce, sell, license, distribute, reverse engineer, or create derivative works from our materials without written permission.

Ownership of custom deliverables will be governed by the applicable service agreement.

Unless otherwise agreed in writing:

• Near me Marketing retains ownership of its pre-existing tools, templates, systems, methods, and general knowledge
• The client retains ownership of its pre-existing brand assets and Client Content
• Third-party tools remain owned by their respective providers

Each party may receive confidential business, technical, financial, operational, or customer information from the other.

Each party agrees to:

• Use confidential information only for the agreed purpose
• Protect it using reasonable care
• Share it only with people who need access
• Not disclose it improperly
• Return or delete it when reasonably required, subject to legal and operational retention requirements

Confidentiality obligations do not apply to information that is public, independently developed, lawfully received from another source, or required to be disclosed by law.

Our collection and use of personal information are also governed by our Privacy Policy.

The Privacy Policy should explain:

• What information is collected
• Why it is collected
• How it is used
• Which service providers receive it
• How long it is retained
• How it is protected
• What privacy rights may apply
• How privacy requests can be submitted

Please review the Privacy Policy before providing personal information.

We aim to provide services reliably but do not guarantee uninterrupted or error-free availability.

Services may be affected by:

• Planned maintenance
• Third-party outages
• Internet failures
• Telephone network failures
• API changes
• Platform restrictions
• Cybersecurity incidents
• Force majeure events
• Technical faults
• Account suspensions
• Factors outside our reasonable control

We may update, replace, suspend, or discontinue a feature where reasonably necessary.

Near me Marketing may suspend or terminate access where:

• Payments are overdue
• The client breaches these Terms
• The client uses the service unlawfully
• Required information or access is not provided
• Continued service creates a security or legal risk
• A third-party platform suspends required access
• The client abuses staff, systems, or other users
• The applicable agreement permits termination

Termination does not remove payment obligations that arose before termination.

Sections intended to survive termination, including payment, intellectual property, confidentiality, disclaimers, liability, and dispute provisions, will remain effective.

To the maximum extent permitted by law, the website and services are provided on an "as is" and "as available" basis.

Near me Marketing does not warrant that:

• The website will always be available
• Services will be error-free
• AI outputs will always be accurate
• Third-party platforms will remain available
• Search rankings will improve
• Leads will convert
• Revenue will increase
• Platform policies will remain unchanged
• Every security incident can be prevented

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

To the maximum extent permitted by law, Near me Marketing will not be liable for indirect, incidental, special, punitive, or consequential losses, including loss of profit, revenue, customers, data, reputation, opportunity, or business interruption.

Near me Marketing will not be responsible for losses caused by:

• Third-party platforms
• Client-provided information
• Unauthorised account access
• Client failure to follow up with leads
• Inaccurate AI outputs not reviewed by the client
• Platform suspensions
• Search algorithm changes
• Unlawful client communications
• Delayed approvals
• Events outside our reasonable control

The total liability of Near me Marketing for claims relating to a service will not exceed [approved liability cap], except where liability cannot legally be limited.

This section must be reviewed by legal counsel before publication.

To the extent permitted by law, the client agrees to defend, indemnify, and hold harmless Near me Marketing and its officers, employees, contractors, and service providers from claims arising from:

• Client Content
• Unlawfully obtained customer data
• Unauthorised communications
• The client's products or services
• False or misleading information supplied by the client
• Intellectual property infringement by client materials
• The client's breach of these Terms
• The client's violation of applicable law
• The client's misuse of AI or communication services

This obligation does not apply to the extent a claim was caused directly by Near me Marketing's unlawful conduct or gross negligence, where such limitation is not permitted.

Neither party will be liable for a delay or failure caused by events outside its reasonable control.

These events may include:

• Natural disasters
• War
• Civil unrest
• Government action
• Labour disruption
• Power failures
• Internet outages
• Telecommunications failures
• Cyberattacks
• Third-party platform failures
• Public health emergencies
• Other events that could not reasonably be prevented

The affected party should resume performance as soon as reasonably possible.

Near me Marketing may update these Terms to reflect changes in services, technology, business operations, or legal requirements.

The updated version will be published on this page with a revised "Last updated" date.

Where a change materially affects an active paid service, additional notice may be provided where required by the applicable agreement or law.

Changes will not retroactively expand how previously collected personal data may be used without any notice or consent required by applicable law.

These Terms are governed by the laws of:

[state, United States]

Any dispute will be handled by the courts located in:

[city and state, United States]

unless the applicable service agreement requires arbitration, mediation, or another dispute-resolution process.

This section must be completed based on the company's legal registration and customer locations.

Before starting formal legal proceedings, each party agrees to make a reasonable effort to resolve the dispute through written notice and good-faith discussion.

The notice should describe:

• The nature of the dispute
• The relevant service
• The requested resolution
• Supporting information

Formal dispute procedures, mediation, arbitration, or court requirements may be stated in the applicable service agreement.

If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

The invalid provision will be interpreted or modified only to the extent necessary to make it enforceable where legally permitted.

A failure to enforce any provision of these Terms does not waive the right to enforce that provision later.

Any waiver must be confirmed in writing by an authorised representative.

You may not transfer your rights or obligations under these Terms without written approval from Near me Marketing.

Near me Marketing may assign its rights or obligations as part of a merger, acquisition, restructuring, sale of assets, or transfer to an affiliated business, subject to applicable law.

These Terms, the Privacy Policy, and any applicable proposal, order form, statement of work, or signed service agreement form the complete agreement between the parties concerning the relevant service.

They replace earlier discussions or representations concerning the same subject.

If documents conflict, the following order should apply unless otherwise agreed:

• Signed service agreement
• Signed statement of work or order form
• These Terms and Conditions
• Website descriptions

Questions about these Terms and Conditions may be sent to: