Google Ads by GoSmallBiz Terms of Service

This Terms of Service Agreement (the “Agreement”) is made by and between GoSmallBiz.com, a DBA of FTSBN, Inc., (“GoSmallBiz”) and the person or entity acknowledging this agreement (“You”). By using the Google Ads by GoSmallBiz services presented on this website, the You are acknowledging acceptance of the terms stated in this Agreement. GoSmallBiz may change the Terms of Service from time to time. By continuing to use the Service following such modifications, You agree to be bound by such modifications to the Terms of Service. These Terms govern Your participation in the advertising programs and services of Google LLC (“Google”) that are accessible through Your use of the Services made available under  these Terms, and the use by You of any content or services accessible through this site may be subject to Your acceptance of separate agreements other third parties.

 

Please read these Terms carefully. In the event of a dispute You may have directly with Google, they require the use of binding individual arbitration to resolve disputes rather than jury trials or class actions. If You wish, You may opt out of the requirement to arbitrate disputes with Google by following the instructions in Section 13(F) of the Google Advertising Program Terms, referenced in Section 3b., below, within 30 days of the first acceptance date of any version of those Terms containing an arbitration provision.

 

1. 1. GENERAL TERMS AND CONDITIONS

 

1. 1. 1. You acknowledge and agree that use of any content or service provided through this site is entirely at Your own risk. Services and content are provided “as is,” without warranty of any kind, either express or implied, and GoSmallBiz and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non- infringement, warranties of merchantability or fitness for a particular purpose. GoSmallBiz does not warrant that the service will be free of downtime. In fact, it is expected that there will be periods when the web site will be inaccessible due to maintenance or technical problems. GoSmallBiz does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does GoSmallBiz warrant access to the Internet or to any other service or content through the service.

 

1. 1. 1. THE ENTIRE LIABILITY OF GOSMALLBIZ AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER/MEMBER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM GOSMALLBIZ, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOSMALLBIZ AND ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVE”) ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GOSMALLBIZ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

1. 1. 1. The limitations of damages set forth above are fundamental elements of the bargain between GoSmallBiz and You. GoSmallBiz would not be able to provide its content and services to You without such limitations. If You are dissatisfied with any portion of the service or content, Your sole and exclusive remedy is to discontinue using the service and its related web sites.

 

1. 1. ACCURACY OF INFORMATION

 

While GoSmallBiz uses reasonable efforts to furnish accurate and up-to-date information, it does not warrant that any information contained in, or made available through this website, is accurate, complete, reliable, current or error-free. GoSmallBiz assumes no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications.

 

1. 1. SERVICES DESCRIPTION

 

1. 1. 1. By using Google Ads by GoSmallBiz, You acknowledge and agree that GoSmallBiz may perform the following Google Ads Campaign Optimization services on Your behalf:

 

1. 1. 1. • Ad copy writing/editing
         • Keyword inclusion/exclusion
         • Demographic (i.e., age, gender, HHI) targeting optimization
         • Device (i.e., desktop, mobile, tablet) targeting optimization
         • Ad scheduling (i.e., time & day optimization)
         • Geo-location targeting optimization
         • Manage/edit Your monthly budget, but only with Your consent. For instance, if You decide to spend $300/month, GoSmallBiz cannot increase that budget to $500/month but it may advise You to do so
         • Process the payment of Your Google advertising charges

 

1. 1. 1. By using Google Ads by GoSmallBiz, You further acknowledge and agree that You are subject to the terms and conditions of the following Google Terms, Policies, and Guidelines:

 

1. 1. 1. • Google Advertising Program Terms
         • Google Ads Policy
         • Google Brand-Usage Guidelines

 

1. 1. GOOGLE ADS BY GoSmallBiz COST AND PERFORMANCE

 

1. 1. 1. You will be charged a $150.00 Set Up fee upon the initiation of Your account. GoSmallBiz will provide You with a monthly statement of the amount charged by Google for its advertising services and for the GoSmallBiz Campaign Fee, equal to fifteen percent (15%) of Your total monthly spend for Your Google advertising.  The amount charged by Google for Your monthly advertising is exclusive of taxes and applicable regulatory operating or jurisdiction-specific fees or costs, as determined by Google, and You will be responsible for all such taxes, fees, or costs.  GoSmallBiz will pay all the foregoing amounts on Your behalf using the account information You provide upon registration for the Google Ads by GoSmallBiz service, or such other account You may provide to GoSmallBiz in a written notice.

 

1. 1. 1. If for any reason the account that You have provided to GoSmallBiz does not have sufficient funds to pay the invoiced amount, You may be assessed a Late Payment fee. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You will also pay all reasonable expenses and legal fees GoSmallBiz or Google may incur in collecting late payments that are not disputed in good faith.

 

1. 1. 1. GoSmallBiz will provide You a monthly performance report that will include data on costs, clicks, and impressions at the Google advertising account level.

 

1. 1. 1. To provide easy access to Google advertising cost and performance reports, GoSmallBiz will provide those reports to you via its website.

 

1. 1. GOOGLE’S GUIDE TO WORKING WITH THIRD PARTIES LIKE GoSmallBiz

 

GoSmallBiz wants You to know what You can expect when working with a third-party partner rather than directly with Google. Google has prepared a report, called the “Advertiser guide: Working with third parties, and You can see it by clicking on this link.  Please read it so that You can know what to expect from GoSmallBiz and Your rights if You feel something is not going right.

 

1. 1. GOOGLE ADS OR ADWORDS EXPRESS CUSTOMER IDs

 

GoSmallBiz knows that it is important for You to have the ability to contact Google directly if You have concerns about its performance. To allow Google to properly investigate and assist You, GoSmallBiz will provide You with the customer IDs for Your Google Ads accounts upon request.

 

1. 1. ABOUT GOOGLE’S ADVERTISING PROGRAM MONITORING POLICIES

 

1. 1. 1. In General:

 

1. 1. 1. 1. In order to evaluate and improve the quality of Google Advertising Programs, Google may monitor and record a sample of telephone calls, text messages, live chat, and other communications initiated through the Programs (e.g., click-to-call and click-to-message ads) (“Communications”).

 

1. 1. 1. 1. Google has a set of “Supplemental Terms” that You will see within Your Google account settings with regard to this monitoring process. Included in those terms are requirements that You notify anyone (that is anyone in Your company, a potential customer, or anyone in between) who uses click-to-call and click-to-message ads, that this monitoring and recording may take place, that they are specifically consenting to Google doing so, and that if they do not want to participate, they may not be able to make use of the Communications.

 

1. 1. 1. Special Note Regarding the Health Insurance Portability and Accountability Act (“HIPAA”)

 

1. 1. 1. 1. While You and Your potential customers will always be given the opportunity to opt out of this monitoring process, You should be aware that if You are (or become) a Covered Entity or Business Associate under HIPAA or are advertising on behalf of a third party that is (or becomes) a Covered Entity or Business Associate under HIPAA, and You wish to proceed with use of Communication Features, You should not accept Google’s standard Supplemental Terms. Instead, You should reach out to Your Google account representative or Google support to request exclusion from monitoring and recording of Communications.

 

1. 1. 1. 1. Neither Google nor GoSmallBiz make any representations that these Communication Features satisfy HIPAA requirements.

 

1. 1. Report a violation of third-party policy

 

Do You think GoSmallBiz is violating this policy? Let Google know by going here:  Report a violation of third-party policy