← Back to Home

Terms of Service

Last updated: March 1, 2026

These Terms of Service ("Terms") govern your use of the performancewebmarketing.com website and the services provided by Performance Web Marketing ("PWM", "we", "us", or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services

PWM provides digital performance marketing services including but not limited to paid search management, programmatic advertising, analytics and attribution, landing page optimization, and strategic consulting. The specific scope of services will be defined in a separate service agreement or statement of work for each engagement.

2. Free Performance Audit

Our free performance audit is provided as a complimentary assessment of your current advertising efforts. The audit does not constitute a contractual obligation for either party. Insights and recommendations provided are based on limited information and may not reflect a complete analysis of your business.

3. Client Obligations

When engaging our services, you agree to:

4. Fees and Payment

Service fees are as outlined in your specific service agreement. All fees are quoted in US Dollars (USD). Invoices are issued monthly and are due within 15 days of issuance unless otherwise agreed. Late payments may incur a 1.5% monthly interest charge.

5. Advertising Spend

Ad spend budgets are paid directly to the advertising platforms (Google, Microsoft, Meta, etc.) by the client. PWM management fees are separate from ad spend. We do not mark up or take commissions on ad spend.

6. Performance Disclaimers

While we strive to achieve the best possible results, PWM does not guarantee specific outcomes including but not limited to ROAS targets, conversion rates, traffic volumes, or revenue figures. Past performance and case study results do not guarantee future results. Digital advertising performance depends on many factors outside our control.

7. Intellectual Property

All strategies, reports, frameworks, and proprietary methodologies developed by PWM remain our intellectual property. Campaign assets (ad copy, landing pages, creative) created specifically for your account become your property upon full payment.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes business data, performance metrics, strategies, and any other information designated as confidential.

9. Termination

Either party may terminate services with 30 days written notice after the initial commitment period. Upon termination, we will provide an orderly transition of account access and any deliverables paid for in full.

10. Limitation of Liability

PWM's total liability for any claims arising from our services shall not exceed the total fees paid by the client in the six months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages.

11. Website Use

The content on this website is provided for informational purposes only. We reserve the right to modify or discontinue any aspect of the website at any time. You agree not to use the website for any unlawful purpose or in any way that could damage or impair the website.

12. Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New York County, New York.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the website after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at:

Performance Web Marketing
Email: hello@performancewebmarketing.com
Location: New York, NY, USA