Terms & Conditions

01Acceptance of Terms

These Terms & Conditions (“Terms”) form a legally binding agreement between you (“you,” “Client,” or “user”) and Toughjobs Digital Marketing (“Toughjobs,” “we,” “us,” or “our”). By accessing this website, requesting a quote, or engaging us for services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

If you do not agree with these Terms, you must not use our website or services. Where a separate written services agreement, proposal, or statement of work (“SOW”) is signed between you and Toughjobs, that document controls to the extent it conflicts with these Terms.

02Definitions

• “Services” means the marketing, website development, search engine optimization, paid advertising, branding, fleet wrap design, content, and related deliverables we provide.
• “Deliverables” means the work product created for you under an SOW, such as websites, ad campaigns, designs, and reports.
• “Client Materials” means logos, photos, videos, copy, trademarks, account access, and other content or credentials you provide.
• “Third-Party Platforms” means services operated by others — such as Google, Meta, Microsoft, hosting providers, and payment processors — that we use to deliver Services.

03Our Services

Toughjobs provides digital marketing and creative services to trades and home-service businesses. The specific scope, deliverables, timelines, and fees for any engagement are described in the applicable proposal or SOW. We may use subcontractors or third-party tools to perform the Services, and we remain responsible for the Services delivered to you.

We may make reasonable changes to the way Services are performed provided the changes do not materially reduce the scope or quality agreed in your SOW. Any material change in scope will be documented and, where it affects fees, approved by you before work proceeds.

04Client Responsibilities

To deliver results, we rely on your timely cooperation. You agree to:

• Provide accurate, complete, and lawful Client Materials and business information.
• Grant and maintain the access we need to your website, hosting, domain, analytics, advertising, and business profile accounts.
• Review deliverables and provide approvals or feedback promptly so campaigns and projects stay on schedule.
• Ensure you own or have the rights to all Client Materials you supply, and that they do not infringe any third party’s rights or violate any law.
• Comply with the terms, policies, and advertising rules of any Third-Party Platform used in your campaigns.

Delays or failures in meeting these responsibilities may affect timelines and results, and are not the responsibility of Toughjobs.

05Fees & Payment

Fees for Services are set out in your proposal or SOW. Unless stated otherwise:

• Recurring service fees are billed in advance on a monthly basis and are due on the invoice date.
• Advertising “ad spend” paid to Third-Party Platforms is separate from our management fees and is your responsibility, whether billed directly to you or passed through us.
• Invoices not paid when due may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may pause Services until the account is current.
• Fees are non-refundable except where required by law or expressly stated in your SOW. Set-up fees and completed work are non-refundable.
• You are responsible for any applicable taxes, other than taxes on our net income.

06Term & Termination

Engagements continue for the term stated in your SOW and, where applicable, renew on a month-to-month basis until cancelled. Either party may terminate an engagement for convenience with the notice period stated in the SOW (or, if none is stated, thirty (30) days’ written notice).

Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of written notice. On termination, you agree to pay for all Services performed and costs incurred through the effective date of termination.

07Intellectual Property

Deliverables

Upon full payment of all amounts due, we assign to you the ownership rights in the final Deliverables created specifically for you, excluding any third-party or pre-existing materials.

Our Materials & Tools

We retain all rights in our pre-existing methods, know-how, templates, software, code libraries, and internal tools used to create Deliverables. Where these are embedded in a Deliverable, we grant you a non-exclusive, perpetual license to use them as part of that Deliverable.

Client Materials

You retain all rights in your Client Materials and grant us a license to use them solely to perform the Services.

Portfolio Use

Unless you tell us otherwise in writing, we may reference your name, logo, and non-confidential Deliverables in our portfolio, case studies, and marketing.

08Third-Party Platforms

Our Services often rely on Third-Party Platforms that we do not own or control. Your use of those platforms is subject to their own terms and policies, and they may change features, pricing, policies, or account status at any time. Toughjobs is not responsible for the acts, omissions, outages, policy changes, account suspensions, or price changes of any Third-Party Platform.

09No Guarantee of Results

While we apply proven strategies and industry best practices and work hard to grow your business, we do not and cannot guarantee specific rankings, traffic levels, lead volume, conversion rates, revenue, or return on investment. Any projections, examples, or past results are illustrative and are not a promise of future performance. No employee or representative of Toughjobs is authorized to make performance guarantees except in a signed writing.

10Confidentiality

Each party may access confidential information of the other. Both parties agree to keep such information confidential, to use it only to perform under these Terms, and to protect it with reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, was already known, is independently developed, or is required to be disclosed by law.

11Disclaimer of Warranties

The website and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Toughjobs disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website or Services will be uninterrupted, error-free, or secure.

12Limitation of Liability

To the fullest extent permitted by law, Toughjobs and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the website or Services, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or related to these Terms or the Services will not exceed the total amount of fees you paid to Toughjobs for the Services giving rise to the claim during the three (3) months immediately preceding the event that gave rise to the liability.

13Indemnification

You agree to indemnify, defend, and hold harmless Toughjobs and its owners, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Client Materials, your use of the Services, your products or services, or your breach of these Terms or of any applicable law or Third-Party Platform policy.

14Electronic Communications

By providing your contact information or engaging our Services, you consent to receive communications from us electronically, including by email, phone, and text message, regarding your account, projects, and — where you have opted in — marketing. Message and data rates may apply. You may opt out of marketing communications at any time by following the unsubscribe instructions or replying STOP to text messages. Certain transactional or account communications are necessary to provide the Services and cannot be opted out of while you remain a client.

15Governing Law & Disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute informally and in good faith. If a dispute cannot be resolved within thirty (30) days, it will be resolved by binding arbitration administered under the rules of a recognized arbitration body, conducted in or near Peoria County, Illinois, except that either party may bring a claim in small-claims court or seek injunctive relief to protect its intellectual property or confidential information.

To the extent permitted by law, disputes will be resolved on an individual basis and not as part of a class or representative action.

16Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be posted on this page. Your continued use of the website or Services after changes take effect constitutes your acceptance of the revised Terms.

17Contact Us

Questions about these Terms? Get in touch:

• Toughjobs Digital Marketing
• 140 Oakmoor Dr, East Peoria, IL 61611
• Phone: (309) 929-9080
• Web: Contact form