Terms and Conditions

Effective Date: March 12th, 2025

Welcome to The UpSurge Agency (“we,” “our,” or “us”). By accessing or using our website, offer.theupsurgeagency.com (the “Site”), and any services we provide, you agree to comply with and be bound by the following Terms and Conditions. Please read these terms carefully before using the Site or purchasing services from us. If you do not agree to these terms, you must refrain from using the Site or engaging with our services.

1. Acceptance of Terms

By using our Site, subscribing to our services, or engaging with our offerings in any manner, you confirm that you have read, understood, and agreed to these Terms and Conditions. These terms govern the relationship between you and The UpSurge Agency, including any purchases, services, or interactions you have with us.

2. Services Provided

The UpSurge Agency provides digital marketing services, including but not limited to:

Web design and development
Digital marketing consultations
Social media management and optimization
Meta Ads setup and management
Content creation
Business consultations

All services provided are subject to the specific terms outlined in the service agreement between us and the client. Please refer to those agreements for more details about the specific terms of each service.

3. Eligibility

To use our Site or services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using our services, you represent and warrant that you are of legal age to form a binding contract.

4. Registration and Account

In order to access certain features of the Site or services, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information about yourself as requested. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. The UpSurge Agency is not responsible for any loss or damage arising from your failure to comply with these obligations.

5. Payments and Fees

Pricing: The prices for our services are as stated on the Site or as specified in your service agreement. We reserve the right to change pricing at any time without notice, though such changes will not apply to orders already placed.
Payment: Payment for services is required in full before work begins unless otherwise specified. We may offer payment plans for specific services or packages, as outlined on the Site or in individual agreements.
Refunds: Refund policies are specified in individual agreements. Generally, services that have been provided and delivered are non-refundable. If you are dissatisfied with our services, please reach out to us to discuss the matter.

6. Intellectual Property

Ownership: All content on the Site, including text, graphics, logos, images, videos, and software, is the property of The UpSurge Agency and is protected by copyright and intellectual property laws. You may not use, copy, distribute, or alter any content from the Site without express written permission from us.
License: When you purchase our services, you are granted a limited, non-transferable, non-exclusive license to use the deliverables for the intended purposes as outlined in your service agreement. The UpSurge Agency retains all rights, titles, and interests in the services provided.

7. User Content

By submitting content (e.g., images, text, or feedback) to the Site, you grant The UpSurge Agency a perpetual, irrevocable, royalty-free license to use, modify, adapt, publish, or distribute that content for any business purposes, including marketing and promotional purposes.

You are solely responsible for the content you submit, and you agree not to submit any content that:

Violates any third-party rights, including copyright, trademark, or privacy rights.
Is unlawful, offensive, defamatory, or harmful.
Contains malware or viruses that could harm the Site or its users.

8. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not controlled or operated by The UpSurge Agency. We are not responsible for the content or privacy practices of these third-party sites. By clicking on such links, you acknowledge that we have no control over the third-party sites and that we are not liable for their actions.

9. Limitation of Liability

To the fullest extent permitted by law, The UpSurge Agency and its affiliates, employees, agents, and contractors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or services, even if we have been advised of the possibility of such damages. This includes any loss of data, loss of revenue, or damages to your reputation.

In no event shall The UpSurge Agency’s total liability to you exceed the amount paid by you for the services in question.

10. Indemnification

You agree to indemnify, defend, and hold harmless The UpSurge Agency and its affiliates, officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in connection with:

Your use of the Site and services.
Any violation of these Terms and Conditions.
Your submission of content that infringes on third-party rights or violates any applicable law.

11. Termination

We reserve the right to suspend or terminate your access to the Site and services at any time, without notice, if you violate these Terms and Conditions. Upon termination, your right to use the Site and services will cease immediately. Any provisions of these Terms and Conditions that, by their nature, should survive termination, will do so.

12. Governing Law

These Terms and Conditions are governed by the laws of British Columbia, Canada, without regard to its conflict of law principles. Any disputes relating to these Terms and Conditions or your use of the Site shall be resolved in the courts located in British Columbia, Canada, and you consent to the exclusive jurisdiction and venue of such courts.

13. Privacy

Your use of our Site and services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using our Site, you agree to the practices described in our Privacy Policy.

14. Changes to Terms and Conditions

We may revise these Terms and Conditions from time to time. When we make changes, we will update the “Effective Date” at the top of this page. It is your responsibility to review this page periodically for any updates or changes. Your continued use of the Site after such changes constitutes your acceptance of the new terms.

15. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us:

The UpSurge Agency
Email: theupsurgellc@gmail.com
Website: offer.theupsurgeagency.com