Client Terms Of Service
These terms govern all client engagements with Graham Global Enterprises LLC, including consulting, done-for-you services, and one-time sessions.
This Agreement (“Agreement”) is entered into between Graham Global Enterprises LLC (hereinafter “Company,” “We,” “Us,” or “Service Provider”) and the Client (“Client,” “You”). By proceeding with our services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. These terms are agreed to during the checkout process and govern all client engagements. The specific price and services for your engagement are set out on the checkout page for the plan you purchase; please review them prior to payment.
1. Summary of Services
1.1. Core Services: Depending on the plan you purchase, our services may include one or more of the following: Facebook/Instagram advertising management (“done-for-you”); ongoing Facebook Ads, marketing, and/or AI consulting and coaching; one-time consulting sessions; and AI consulting, coaching, and/or implementation.
1.2. Nature of Services: The Company provides strategic advice, analysis, recommendations, and (where the plan includes it) hands-on management. Except where your plan expressly includes done-for-you management, the Company does not directly manage ad accounts, create or upload ads, or perform technical implementation unless explicitly agreed to as an add-on service.
1.3. Client Responsibility: Except where your plan expressly includes done-for-you management, the Client is solely responsible for implementing the recommendations provided. The Company may provide support, templates, or examples, but all final execution is the responsibility of the Client unless otherwise agreed in writing.
1.4. Exclusions: Unless expressly included in your plan, fees do not include custom creative production, additional graphic design, new video production, video editing, content creation beyond ad copy and image sourcing, hands-on ad management, or direct access to Company ad accounts. Such services may be available separately for an additional fee, discussed and approved in advance via written email confirmation.
1.5. Done-For-You Services (If Applicable): For plans that include done-for-you management, the Company will create, run, and manage your Facebook and Instagram ad campaigns and/or implement an AI plan, as specified on the checkout page. This may nclude ad copywriting, utilization of images and videos provided by the Client, and supply of AI-generated images at the Company’s discretion (the quantity and use of which is not guaranteed). Campaign management and optimization are performed using a strategic, data-driven method. The timing and frequency of updates will vary based on budget, performance data, algorithm learning periods, and other account-specific factors, and certain phases may require leaving campaigns untouched for extended periods to allow statistically meaningful results. “Management” does not imply or require daily changes, rapid rotation of ads, or constant updates. The Company does not commit or agree to run, create, or maintain any specific or minimum number of ads, ad sets, or campaigns, nor to make changes or updates within any particular timeframe or frequency. All decisions regarding the number of ads and the timing of any changes are made by the Company in its professional judgment based on strategy, budget, and performance. Such decisions are not guaranteed to succeed and inherently carry a level of risk.
1.6. One-Time Consulting Sessions (If Applicable): For one-time sessions, the engagement consists of a single scheduled session as described at checkout. This is not a recurring or ongoing engagement; no further sessions, support, or billing are included unless separately agreed to in writing and paid for. One-time sessions are non-refundable, and no post-call support is included beyond the scheduled session unless otherwise specified in writing.
1.7. Ad Spend and Account Ownership: Where advertising services are provided, the Client pays Meta (Facebook/Instagram) and any other advertising platform directly for all ad spend costs, and the Client retains full ownership and control of their ad accounts, data, and content.
2. Billing, Payment, and Cancellation
2.1. Recurring (Ongoing) Services: For done-for-you and ongoing consulting plans, fees are billed on a recurring monthly subscription basis, due in advance of each billing cycle. The Client authorizes the Company or its payment processor to automatically charge the payment method on file the monthly fee (and any approved additional services) at the start of each billing cycle, without further notice or authorization, until cancelled in accordance with this Section. The Client is responsible for keeping payment information current. If payment is not received on time, services may be paused until the balance is paid in full.
2.2. Cancellation of Recurring Services: The Client must provide at least fifteen (15) days’ written notice of intent to pause or cancel before the next monthly billing date, sent via email to philgraham@gmail.com. If written notice is provided less than fifteen (15) days before the next bill date, the Client will be charged for the upcoming monthly billing cycle, and services will then be canceled at the end of that paid period.
2.3. Termination for Non-Payment: The Company reserves the right to suspend or terminate services if payment is not received on time. Access to ongoing support, scheduled calls, or deliverables may be paused or canceled until outstanding amounts are paid in full.
2.4. One-Time Sessions: For one-time consulting sessions, the fee is due in full at the time of booking, and the session will be scheduled after payment is received. One-time fees are non-refundable. The Client may reschedule with at least twenty-four (24) hours’ written notice prior to the scheduled session time. Rescheduling requested with less than twenty-four (24) hours’ notice, or failure to attend (“no-show”), may result in the session being treated as delivered and forfeited, at the Company’s discretion.
2.5. No Chargebacks: The Client agrees not to initiate a chargeback for amounts properly billed under this Agreement, and agrees to first contact the Company in writing to resolve any billing concern.
3. Important Information & Client Expectations
3.1. Marketing Nature: The Client acknowledges that Facebook Ads and digital marketing are akin to a marathon rather than a sprint. Even when recommendations are implemented, results are not immediate and it is likely to take time — at least a few months, and potentially longer — to see significant or consistent results, if such results occur at all. Some strategies, campaigns, or businesses may never achieve the desired results, or may require ongoing adjustment to do so.
3.2. Communication & Support: For ongoing engagements, the Company aims to be responsive during standard business hours (Monday–Friday), and the Client can generally expect a reply within 48 business hours, via email or Telegram. The Company does not guarantee responses outside these channels or hours. For one-time sessions, no support is included other than the scheduled session itself.
3.3. Delays Caused by Client: Delays in providing necessary materials, approvals, or access may result in delays, and the Company shall not be held responsible for performance issues stemming from such delays.
4. Guarantees and Disclaimers
4.1. No Guarantees of Results or Outcomes: The Company makes absolutely no representations, warranties, or guarantees, express or implied, regarding any specific results, performance metrics, financial gains, income, sales, leads, conversions, or return on ad spend. All recommendations and strategies provided are opinions only, based on the Company’s experience and judgment, and actual results may vary widely. Any historical performance data, case studies, or examples are for illustrative purposes only and do not guarantee future outcomes.
4.2. Acknowledgment of Risk: The Client accepts and agrees that there is an inherent risk of loss of capital in advertising, and the Company cannot guarantee that the Client will achieve specific goals as a result of participation in the Service. Any comments or projections about potential outcomes are expressions of opinion only and do not constitute a guarantee.
4.3. No Refunds: Due to the nature of services rendered (time, effort, and resources expended), the Company does not offer any refunds for fees paid.
4.4. Results Disclaimers (Non-Exhaustive): The Company does not warrant or guarantee, and will not be responsible for any claim made in respect of, including but not limited to: changes in social media platform algorithms; specific Cost Per Sale, Cost Per Lead, or any other cost-per-action metric; quality or conversion rate of leads generated; rejection or disapproval of ads by Meta or other platforms; banning or suspension of the Client’s advertising accounts by Meta or other platforms; and any negative brand or performance outcomes not directly attributable to a breach of this Agreement by the Company.
4.5. Company’s Sole Undertaking: The Company’s sole undertaking is that the Services shall be provided in a professional and diligent manner, in accordance with this Agreement.
5. Client Responsibilities
5.1. Content and Materials: The Client is solely responsible for providing all necessary text, images, videos, product information, and any other content required, in a timely manner.
5.2. Rights to Materials: The Client represents and warrants that they own all necessary intellectual property rights, licenses, or permissions for any content, trademarks, or materials provided to the Company, and that their use will not infringe upon the rights of any third party.
5.3. Payment of Ad Spend: Where applicable, the Client is responsible for all ad spend costs incurred directly with Meta or any other advertising platform. The Company is not responsible for any issues arising from the Client’s failure to pay ad spend or maintain sufficient funds.
5.4. Access: The Client agrees to provide the Company with necessary access to relevant accounts and platforms required for the provision of services.
5.5. Brand Asset License: The Client grants the Company a non-exclusive, royalty-free license to use its brand assets (e.g., logos, ad screenshots, strategy references) solely for the purpose of providing services under this Agreement.
6. Intellectual Property
6.1. Deliverables and License to Client: Upon full and final payment, the Client receives a non-exclusive, perpetual, worldwide license to use the final ad copy, headlines, and custom creatives produced by the Company specifically for the Client’s own advertising and business purposes. The Company retains ownership of all ad copy, headlines, taglines, creative concepts, frameworks, and copywriting it creates, and may reuse, adapt, and repurpose such materials and techniques for other clients and purposes. The Client does not acquire exclusive rights to, or ownership of, any copy, headline, or creative concept authored by the Company.
6.2. Company’s Retention of IP: The Company retains all intellectual property rights in its methodologies, processes, tools, templates, headlines, copy, pre-existing materials, and general know-how. AI-generated images supplied by the Company are subject to the terms of the AI generator’s license.
6.3. Portfolio and Case Study Use: The Client grants the Company a non-exclusive, royalty-free, perpetual, worldwide license to use the results and deliverables of the services (e.g., campaigns, creatives, and performance data in anonymized or aggregated form) for portfolio, marketing, case studies, testimonials, and promotional purposes, at any time, during or after the engagement, without requiring further permission, provided such use does not reveal the Client’s confidential information without prior written consent.
7. Confidentiality
7.1. “Confidential Information” means any non-public information disclosed by one party to the other that is designated confidential or that, by its nature, should reasonably be understood to be confidential, including business plans, financial information, marketing strategies, customer lists, proprietary software, and trade secrets.
7.2. The receiving party agrees to use Confidential Information only for purposes of performing services under this Agreement, to maintain it in strict confidence using at least reasonable care, and not to disclose it to any third party without prior written consent except to employees, contractors, or agents with a legitimate need to know who are bound by similar obligations.
7.3. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party’s Confidential Information; or (d) is rightfully obtained from a third party without restriction.
7.4. If compelled by law to disclose Confidential Information, the receiving party shall provide prior notice (to the extent legally permitted) to allow the disclosing party to seek a protective order.
8. Limitation of Liability
8.1. Maximum Liability: To the maximum extent permitted by law, the Company’s total cumulative liability arising out of or related to this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client to the Company during the three (3) months immediately preceding the event giving rise to the claim, or, for one-time engagements, the total fees paid by the Client under this Agreement.
8.2. Exclusion of Certain Damages: In no event shall the Company be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, data, business opportunity, or interruption of business, even if advised of the possibility of such damages.
8.3. Limitation Applies to Fullest Extent Permitted by Law: The limitations in this Agreement apply to the fullest extent permitted by law but shall not limit liability that cannot legally be limited.
9. Indemnification
9.1. The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: any content or materials provided by the Client, including claims of intellectual property infringement; the Client’s breach of any warranty, representation, or covenant under this Agreement; any third-party claims arising from the Client’s products, services, or business activities; and the Client’s failure to pay ad spend directly to advertising platforms.
10. Third-Party Platforms
The Client acknowledges that Meta, Facebook, Instagram, Google, payment processors, website platforms, analytics tools, and other third-party platforms are outside the Company’s control. The Company is not responsible for platform outages, bugs, policy changes, account restrictions, disapprovals, tracking limitations, attribution changes, data inaccuracies, or other third-party actions or omissions.
11. Client Compliance
The Client is solely responsible for ensuring that its products, services, claims, offers, landing pages, websites, emails, ads, testimonials, disclosures, privacy practices, and business operations comply with all applicable laws, regulations, advertising policies, and platform terms. The Company may provide general marketing feedback but does not provide legal compliance review. The Client is responsible for automatically reviewing and approving all ad content promptly upon publication, and for ensuring that any claims or representations in its advertising are truthful, substantiated, and lawful.
12. No Fiduciary, Legal, Tax, or Financial Advice
The Company provides marketing, advertising, and AI consulting only. Nothing in the Services constitutes legal, tax, accounting, financial, investment, or fiduciary advice. The Client remains solely responsible for business, financial, legal, compliance, and operational decisions.
13. Time Limitation on Claims
To the maximum extent permitted by law, any claim arising out of or relating to this Agreement or the Services must be brought within three (3) months after the event giving rise to the claim, or it shall be permanently barred.
14. Use of AI Tools
The Company may, at its discretion, utilize artificial intelligence (AI) tools and technologies to assist in the delivery of services, including the generation of text, images, analysis, ad copy, strategy recommendations, or automation. AI-generated materials are used as part of the Company’s methodology and should be reviewed and implemented by the Client at their own discretion. Where applicable, AI-generated content is subject to the licensing terms of the respective platform used. The Client acknowledges that AI tools may produce errors or require human review and judgment, and the Company is not liable for any inaccuracies, omissions, or unintended consequences resulting from the use of AI tools.
15. Dispute Resolution
15.1. Informal Resolution: The parties agree to attempt to resolve any dispute, claim, or controversy informally through good faith negotiations for at least thirty (30) days from the date one party notifies the other of a dispute.
15.2. Binding Arbitration: If the parties are unable to resolve a dispute informally, any remaining dispute, claim, or controversy shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees and split the fees and expenses of the arbitrator equally.
15.3. Governing Law and Venue: The governing law and venue applicable to your engagement are set out in the plan-specific terms and conditions provided at checkout.
16. General Provisions
16.1. Entire Agreement: This Agreement, together with the plan-specific terms provided at checkout, constitutes the entire agreement between the parties and supersedes all prior agreements, proposals, or representations.
16.2. Amendments: No modification or amendment shall be effective unless in writing and agreed to by both parties.
16.3. Assignment: Neither party may assign its rights or obligations without the prior written consent of the other, except that the Company may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
16.4. Force Majeure: Neither party shall be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
16.5. Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid one that most closely reflects the original intent.
16.6. Waiver: No waiver of any term shall be deemed a continuing waiver, and failure to assert any right shall not constitute a waiver of it.
16.7. Headings: Headings are for convenience only and shall not affect interpretation.
17. Client Responsibility and No Guarantees
CLIENT RESPONSIBILITY; NO GUARANTEES. The Client accepts and agrees that the Company cannot guarantee any results, as such outcomes are based on subjective factors that cannot be controlled by the Company. The Company makes no representations, warranties, or guarantees, verbally or in writing, regarding the performance of the ads. The Client understands that because of the nature of advertising, the results experienced by each client may significantly vary. By agreeing to these terms and completing an order, the Client acknowledges that there is an inherent risk of loss of capital and that there is no guarantee the Client will reach its goals as a result of participation in the Service, and that the Company’s comments about outcomes are expressions of opinion only. The Company does not warrant or guarantee, and will not be responsible for any claim made in respect of, the following non-exhaustive list: changes in social media algorithms; cost per sale; cost per lead; return on ad spend; lead quality; profitability; rejected ads; banning of Facebook or any other account; outcomes; and any negative brand or performance outcomes. The Company makes no guarantee other than that the Services shall be provided in accordance with this Agreement.
Client Acceptance: By completing the signup process and initiating services with Graham Global Enterprises LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Thank you.
Phil Graham
Graham Global Enterprises LLC