Terms & conditions | Pop Ads Agency

1. About these terms

These terms are issued by {ADD VERIFIED LEGAL ENTITY} trading as Pop Ads Agency ("we", "us", "our"), registered in {ADD JURISDICTION} under company number {ADD REGISTRATION NUMBER}. They govern your use of popadsagency.com and, unless a separate signed agreement says otherwise, the services we provide to you.

Where you have signed a service agreement, order form or proposal with us, that document takes precedence over these terms to the extent of any conflict.

2. Definitions

Services — the advertising management work described on this website and in your plan, including strategy, creative production, campaign management and reporting.
Plan — the monthly package you select, with the deliverables published on the pricing page at the time of purchase.
Advertising spend — the budget paid by you to an advertising platform to run your campaigns.
Deliverables — the creative assets, campaign structures, reports and documents produced for you under a plan.
Guarantee — the 30-day money-back guarantee set out in clause 12.

3. The services

We will provide the Services with reasonable care and skill, in line with the deliverables set out in your plan. Deliverable volumes — for example the number of static and video ads produced each month — are those published for your plan and are calculated per monthly billing period. Unused volume does not roll over unless agreed in writing.

Work outside your plan, including but not limited to website development, landing page builds, tracking implementation, creator fees, paid talent, product samples, location filming, stock licences and advertising on channels other than Meta and Google, is scoped and quoted separately and only begins once you approve it.

4. Fees, billing and taxes

Plan fees are the amounts published on the pricing page at the time of purchase, charged monthly in advance in {ADD CURRENCY}.
Your billing date is the date of your first payment and recurs monthly on that date, subject to {ADD PAYMENT PROVIDER} processing.
Fees are exclusive of any applicable taxes, which are added where required by law.
Where payment fails or is not received, we may suspend the Services after giving you notice. Campaigns already live remain your responsibility.
Where your plan includes a second advertising channel, the additional monthly charge is $149 plus 5% of combined advertising spend above $10,000 in the billing month, and will not exceed your plan fee for that month. The fixed element is charged with your plan fee; the variable element is invoiced in arrears once the month's spend is known.
Fee changes are notified at least {ADD NOTICE PERIOD} in advance and apply from your next billing period.

5. Advertising spend

Advertising spend is separate from, and additional to, your plan fee. It is paid by you directly to the advertising platform from your own payment method. We do not resell media or hold your advertising budget.

Except for the capped second-channel charge described in clause 4, our fees are not calculated as a percentage of advertising spend.

You are responsible for setting and funding your budget. We will operate within the budget and guardrails agreed with you and will notify you before any material change is made.

6. Your responsibilities

Providing timely access to the advertising accounts, business assets and analytics required to deliver the Services.
Reviewing and approving creative and campaign plans within the agreed timeframes; delays in approval move launch dates.
Ensuring that the claims, offers, products and services advertised are accurate, lawful and compliant with the advertising platform's policies and with the law in every market you advertise in.
Holding the necessary rights to any brand assets, imagery, footage, testimonials or data you supply to us.
Maintaining your own privacy notices, cookie consent and data-protection compliance on your own website and properties.

7. Ownership and intellectual property

You retain ownership of your brand assets and of everything you supply to us. On full payment of the fees due for the relevant period, ownership of the Deliverables produced specifically for your brand transfers to you.

We retain ownership of our own methods, frameworks, templates, internal tooling and generic know-how, and of any pre-existing materials, none of which are exclusive to you. Campaigns are built and run in your own advertising account, so campaign history and account data remain yours.

Unless you tell us otherwise in writing, we may describe the work at a general level in our own marketing. We will not publish your name, logo, quotes or performance figures without your prior written permission.

8. Confidentiality

Each party will keep the other's confidential information confidential, use it only to perform or receive the Services, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.

9. No guarantee of results

Advertising performance depends on factors outside our control, including your offer, pricing, market conditions, competitor activity, seasonality, budget, website experience, sales follow-up, measurement accuracy and changes made by the advertising platform.

We do not guarantee any specific result — including any level of impressions, clicks, leads, sales, cost per acquisition, return on ad spend or revenue — and no statement on this website, in a proposal or in a conversation should be read as such a guarantee. Any results published or discussed relate to specific accounts in specific conditions and are not a prediction of your outcome.

10. Third-party platforms

The Services depend on platforms we do not own or control, including Meta Platforms and Google. Those platforms may change their policies, features, pricing, review processes or algorithms, may reject or restrict advertising, and may suspend accounts. We will work with you to respond to such events but are not liable for them.

You remain bound by the terms and advertising policies of each platform used.

11. Term, cancellation and refunds

Plans run month to month with no minimum term unless a separate agreement states otherwise.
Either party may cancel by giving {ADD NOTICE PERIOD} written notice before the next billing date.
On cancellation, the Services continue to the end of the paid period. Fees already paid for a period in progress are not refundable except where required by law or agreed in writing.
We may suspend or end the Services immediately where there is non-payment, unlawful or non-compliant advertising, abusive conduct, or a breach that is not remedied within {ADD REMEDY PERIOD} of written notice.
On termination we will hand over the Deliverables produced and paid for, and remove our access to your accounts.

The 30-day money-back guarantee in clause 12 applies in addition to these cancellation rights.

12. The 30-day money-back guarantee

We offer a money-back guarantee on the work, not on advertising performance. Clause 9 continues to apply in full: no specific result is guaranteed.

What is covered. If, within the first 30 days of a new plan, we have not delivered the deliverables set out in that plan, you may request a refund of the service fees you have paid us in respect of that period, and we will refund them.

What is not covered. Advertising spend is excluded. That budget is paid by you directly to Meta and Google from your own payment method, never passes through us, and cannot be refunded by us. Work quoted and approved outside the plan is also excluded, as are third-party costs such as creator fees, stock licences and software subscriptions.

The 30-day period runs from your plan start date, being the date of your first payment for that plan.
Requests must be made in writing to {ADD VERIFIED CONTACT EMAIL} within that 30-day period.
The guarantee assumes we were able to perform: where account access, creative approvals or information we reasonably requested were not provided, and that prevented delivery, the guarantee does not apply to the affected deliverables.
Refunds are made to the original payment method within {ADD REFUND PERIOD} of the request being accepted.
The guarantee applies once per client, to a first plan. It does not reset on a plan change or on re-engagement.
On a refund, campaigns are paused or handed back, our access is removed, and clause 7 governs ownership of anything already delivered.

Nothing in this clause limits any statutory right you may have.

13. Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, advertising spend paid to a platform, or account suspensions imposed by a platform. Our total liability arising from or in connection with the Services in any twelve-month period is limited to the plan fees you paid to us in that period.

14. Data protection

Each party will comply with applicable data-protection law. Where we process personal data on your behalf in connection with the Services, we do so on your documented instructions and under {ADD DATA PROCESSING AGREEMENT REFERENCE}. Our handling of personal data as a controller is described in the privacy policy.

15. Changes to the Services or these terms

We may update these terms to reflect changes in the Services, our practices or the law. Material changes are notified at least {ADD NOTICE PERIOD} before they take effect, and continuing to use the Services after that date constitutes acceptance. The version number and date at the top of this page show when it was last revised.

16. Governing law and disputes

These terms and any dispute arising from them are governed by the laws of {ADD GOVERNING LAW}, and the courts of {ADD JURISDICTION FOR DISPUTES} have exclusive jurisdiction. Both parties agree to attempt to resolve any dispute in good faith before starting proceedings.

If any provision is found to be unenforceable, the rest of these terms remain in effect.

17. Contact

Questions about these terms: {ADD VERIFIED CONTACT EMAIL}, or write to {ADD VERIFIED LEGAL ENTITY}, {ADD REGISTERED ADDRESS}.