Terms & Conditions

ASCEND WEB MEDIA

TERMS OF USE

Last Updated: May 12, 2026

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE OR ENGAGING ASCEND WEB MEDIA FOR ANY SERVICES. BY ACCESSING OR USING THIS WEBSITE, OR BY ENGAGING ASCEND WEB MEDIA FOR ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE AND MAY NOT ENGAGE ASCEND WEB MEDIA FOR SERVICES.

1.  Parties and Scope

These Terms of Use constitute a legally binding agreement between you (“Client,” “User,” or “you”), whether an individual or a legal entity, and Ascend Web Media (“Company,” “we,” “us,” or “our”), a digital marketing and web services company operating at ascendwebmedia.com and reachable at ascendwebmedia@gmail.com.

These Terms govern (a) your access to and use of the Ascend Web Media website located at ascendwebmedia.com (the “Site”), including any content, functionality, and services offered on or through the Site; and (b) any professional services agreement entered into between you and the Company. Separate project-specific agreements, statements of work, or service agreements (“Service Agreements”) may supplement these Terms; in the event of a conflict, the Service Agreement controls with respect to the specific engagement, and these Terms control for all other matters.

2.  Description of Services

Ascend Web Media provides a range of digital marketing and web technology services to businesses and individuals. Such services may include, without limitation:

  • Website design and development, including front-end and back-end development, responsive design, and website maintenance;
  • Search engine optimization (“SEO”), including on-page, off-page, and technical SEO;
  • Digital marketing strategy, content marketing, and brand development;
  • Paid advertising and media management, including management of Google Ads, Meta Ads, and other platforms;
  • Conversion rate optimization (“CRO”), user experience analysis, and A/B testing;
  • Marketing automation setup, configuration, and management;
  • Analytics configuration, reporting, and strategic consulting;
  • Any other bespoke digital services agreed upon in writing between the parties.

The scope, timeline, and deliverables for any specific engagement are defined in the applicable Service Agreement or statement of work. The Company reserves the right to modify, suspend, or discontinue any aspect of the Site or its service offerings at any time without notice.

3.  Website Use and Acceptable Use

3.1  Permitted Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for lawful purposes related to evaluating or engaging the Company’s services.

3.2  Prohibited Conduct

You agree that you will not, and will not permit any third party to:

  • Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
  • Attempt to gain unauthorized access to any portion of the Site, server, network, or system connected to the Site;
  • Use any robot, spider, scraper, data-mining tool, or other automated means to access, collect, or harvest data from the Site without the Company’s prior written consent;
  • Transmit any virus, malware, or other malicious code through the Site;
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
  • Interfere with or disrupt the integrity or performance of the Site or any system or network related thereto;
  • Use the Site to solicit or market products or services to other users without the Company’s prior written consent;
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or its users.

4.  User Accounts

4.1  Account Creation

Access to certain features of the Site, including the client portal, may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You must be at least eighteen (18) years of age to create an account.

4.2  Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify the Company immediately at ascendwebmedia@gmail.com of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

4.3  Account Termination

The Company reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms. You may terminate your account at any time by contacting the Company in writing.

5.  Forms, Inquiries, and Communications

The Site may include contact forms, intake questionnaires, and other submission mechanisms. By submitting any form or inquiry through the Site, you represent that the information you provide is accurate and complete, and you consent to the Company contacting you via the contact information you provide for the purpose of responding to your inquiry or advancing a potential or existing engagement. Submission of a form does not create a contractual obligation on the part of the Company to provide services.

6.  Client Engagements and Service Agreements

6.1  Service Agreements

All professional services engagements are subject to a separate written Service Agreement or statement of work executed by both parties. These Terms supplement any such Service Agreement. In the event of a conflict, the executed Service Agreement governs with respect to the specific terms of the professional engagement.

6.2  Client Responsibilities

Unless otherwise specified in a Service Agreement, you agree to:

  • Provide timely access to all necessary materials, content, systems, accounts, and information required for the Company to perform services;
  • Appoint a designated project contact authorized to make decisions and approve deliverables;
  • Provide feedback and approvals within the timeframes specified in the applicable Service Agreement or as reasonably requested by the Company;
  • Ensure that all materials and information you provide to the Company are accurate and do not infringe the intellectual property rights or other rights of any third party;
  • Comply with all applicable laws and platform policies in connection with the services, including without limitation, advertising platform terms of service.

6.3  Third-Party Platforms

Many of the Company’s services involve interaction with third-party platforms, tools, and services (e.g., Google Ads, Meta Business Suite, WordPress, HubSpot). You acknowledge that such platforms are governed by their own terms of service and privacy policies, which are independent of and not controlled by the Company. The Company is not responsible for any changes, outages, policy violations, account suspensions, or data loss attributable to third-party platforms.

7.  Fees and Payment

Unless otherwise specified in a Service Agreement, the following terms apply to all fee arrangements:

  • All fees are quoted in United States Dollars (USD) and are due according to the payment schedule set forth in the applicable Service Agreement.
  • Invoices are due and payable within the number of days specified on the invoice, or, if no due date is stated, within fifteen (15) calendar days of the invoice date.
  • The Company reserves the right to suspend services if any undisputed invoice remains unpaid after thirty (30) days of its due date.
  • Late payments shall accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if lower), from the due date until paid in full.
  • All fees are non-refundable except as expressly provided in a written Service Agreement or as required by applicable law.
  • You are responsible for all taxes, duties, or levies imposed on the services, other than taxes on the Company’s income.

8.  Intellectual Property

8.1  Company Intellectual Property

The Site and its entire contents, features, and functionality—including but not limited to all text, graphics, logos, icons, images, audio clips, and software—are owned by the Company or its licensors and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, reproduce, distribute, create derivative works of, publicly display, or commercially exploit any portion of the Site without the Company’s prior written consent.

8.2  Client-Owned Materials

You retain all right, title, and interest in and to any materials, content, data, trademarks, or other intellectual property that you provide to the Company for use in connection with the services (“Client Materials”). You grant the Company a limited, non-exclusive license to use the Client Materials solely to perform the services during the term of the applicable engagement.

8.3  Deliverables

Ownership of deliverables produced by the Company under a service engagement will be as specified in the applicable Service Agreement. Unless a Service Agreement expressly provides for an assignment of copyright, the Company retains all right, title, and interest in all work product, including any underlying tools, methodologies, frameworks, and pre-existing intellectual property incorporated into the deliverables, and grants the Client a license to use the deliverables for their intended purpose. Final deliverable ownership (if any) transfers to Client only upon full payment of all outstanding fees.

8.4  Portfolio Rights

Unless otherwise agreed in writing, the Company reserves the right to identify you as a client and to display general descriptions of the services provided, as well as non-confidential portions of the work product, in its portfolio, website, and marketing materials.

9.  Confidentiality

Each party acknowledges that in the course of an engagement it may receive confidential or proprietary information of the other party (“Confidential Information”). Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) not disclose such Confidential Information to any third party without the disclosing party’s prior written consent; and (c) use Confidential Information only for the purpose of performing obligations under the applicable engagement. This obligation does not apply to information that: (i) is or becomes publicly known through no breach of these Terms; (ii) is independently developed without reference to Confidential Information; or (iii) is required to be disclosed by law or court order, provided the receiving party gives reasonable prior notice to the disclosing party.

10.  Privacy

The Company’s collection and use of personal information through the Site and in connection with its services is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference. By using the Site or engaging the Company’s services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. If a conflict exists between these Terms and the Privacy Policy with respect to personal information, the Privacy Policy controls.

11.  Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources. Such links are provided solely for your convenience and do not constitute an endorsement by the Company of the linked site or its content. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites. You access third-party websites entirely at your own risk and subject to those sites’ terms of use.

12.  Disclaimer of Warranties

THE SITE AND ALL CONTENT, SERVICES, AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) THE RESULTS OBTAINED FROM USE OF THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY CONTENT ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

WITHOUT LIMITING THE FOREGOING, RESULTS FROM DIGITAL MARKETING SERVICES, SEARCH ENGINE OPTIMIZATION, OR ADVERTISING MANAGEMENT ARE SUBJECT TO FACTORS OUTSIDE THE COMPANY’S CONTROL, INCLUDING ALGORITHM CHANGES, PLATFORM POLICY CHANGES, AND MARKET CONDITIONS. THE COMPANY MAKES NO GUARANTEE OF SPECIFIC RANKINGS, TRAFFIC LEVELS, CONVERSION RATES, OR REVENUE OUTCOMES.

13.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SERVICE AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

14.  Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or the services; (b) your breach of these Terms or any Service Agreement; (c) any Client Materials or content you provide to the Company; (d) your violation of any applicable law or regulation; or (e) any third-party claim that your use of the services or Client Materials infringes the rights of any third party. The Company reserves the right, at its own expense, to assume exclusive control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defenses.

15.  Governing Law and Dispute Resolution

15.1  Governing Law

These Terms and any dispute arising out of or related to these Terms, the Site, or the services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2  Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by notifying the Company in writing at ascendwebmedia@gmail.com describing the nature and basis of the dispute and the relief sought. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of the notice. Either party may pursue formal legal remedies if the dispute is not resolved within that period.

15.3  Venue

Subject to Section 15.4, any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Texas, and the parties hereby irrevocably submit to the personal jurisdiction and venue of such courts.

15.4  Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.5  Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.  Term and Termination

These Terms remain in effect for as long as you use the Site or maintain an account. The Company may terminate or suspend your access to the Site at any time, with or without cause and with or without notice, effective immediately.

Sections 8 (Intellectual Property), 9 (Confidentiality), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Governing Law and Dispute Resolution), and 18 (Miscellaneous) shall survive any expiration or termination of these Terms.

17.  Modifications to These Terms

The Company reserves the right to modify these Terms at any time in its sole discretion. When we make changes, we will update the “Last Updated” date at the top of this page. If the changes are material, we will use reasonable efforts to provide additional notice, such as a notice posted on the Site or sent to the email address associated with your account. Your continued use of the Site or the services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site and may not engage the Company for new services.

18.  Miscellaneous

18.1  Entire Agreement

These Terms, together with any applicable Service Agreement, Privacy Policy, and any other policies incorporated by reference, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

18.2  Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3  Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any further exercise thereof or the exercise of any other right, power, or remedy.

18.4  Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without the Company’s prior written consent. The Company may freely assign these Terms without restriction. Any purported assignment in violation of this section is void.

18.5  Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, governmental actions, internet or telecommunications outages, cyberattacks, or third-party platform outages.

18.6  No Agency

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. The Company is an independent contractor.

18.7  Electronic Communications

By using the Site and submitting any form or inquiry, you consent to receive electronic communications from the Company. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

18.8  Headings

Section headings are for convenience only and have no legal or contractual effect.

19.  Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Ascend Web Media
Email: ascendwebmedia@gmail.com
Website: https://ascendwebmedia.com