Terms of Service

1. About Our Services

Pacific Marketing Solution provides marketing, technology, automation, consulting, creative, web development, advertising, search optimization, AI-related, CRM, content, and related business services.

Our services may include, without limitation:

• Performance marketing and paid advertising
• Social media marketing
• Search Engine Optimization (SEO)
• Answer Engine Optimization (AEO)
• Generative Engine Optimization (GEO)
• Website and application development
• AI automation
• AI assistants, chatbots and voice agents
• CRM implementation and integration
• Lead generation
• Content creation and video production
• Graphic design
• Marketing strategy and consulting
• White-label marketing and fulfillment services
• Analytics, tracking and reporting
• Other services agreed upon in writing between PMS and the client

The exact scope, deliverables, timelines, fees, revisions, responsibilities and other project-specific terms may be defined in a separate proposal, quotation, statement of work, agreement, invoice, or written communication.

Where a project-specific agreement conflicts with these Terms, the project-specific agreement will control only with respect to that specific project.

2. No Guarantee of Results

Pacific Marketing Solution does not guarantee any specific business, financial, marketing, advertising, search-engine, lead-generation, sales, revenue, ranking, conversion, traffic, engagement, or other result unless expressly guaranteed in a separate written agreement signed by an authorized representative of PMS.

Marketing and technology performance can be affected by factors outside our control, including:

• Market conditions
• Competition
• Advertising-platform algorithms
• Search-engine algorithms
• Platform policies
• Audience behavior
• Client pricing
• Client sales processes
• Website performance
• Third-party software
• Economic conditions
• Budget limitations
• Product or service quality
• Client response time
• Data quality
• Tracking limitations
• Changes to third-party platforms

Accordingly, historical performance, projections, estimates, case studies, examples, forecasts, expected results, or other performance statements are illustrative and should not be interpreted as guarantees.

3. Website Information

We make reasonable efforts to ensure that information published on our website is accurate and current.

However, website content may contain:

• Typographical errors
• Pricing errors
• Technical errors
• Outdated information
• Broken links
• Formatting errors
• Inaccurate third-party information
• Temporary service interruptions
• Software or compatibility issues

We reserve the right to correct, modify, update, suspend, remove, or replace website content at any time without prior notice.

You acknowledge that your use of information obtained from our website is at your own discretion and risk.

4. Website Availability and Technical Errors

We do not guarantee that our website or any part of it will always be:

• Available
• Uninterrupted
• Secure
• Error-free
• Compatible with every device or browser
• Free from viruses or other harmful components

The website may occasionally be unavailable because of maintenance, upgrades, hosting issues, domain issues, DNS issues, cybersecurity incidents, technical failures, internet outages, infrastructure failures, or circumstances beyond our reasonable control.

PMS will use reasonable efforts to restore services where commercially practical.

We are not responsible for losses resulting solely from temporary website downtime, technical interruption, hosting failure, DNS propagation, third-party infrastructure failure, or circumstances outside our reasonable control.

5. Third-Party Platforms and Services

Our services may depend upon or integrate with third-party platforms and providers, including but not limited to:

• Google
• Meta
• Facebook
• Instagram
• LinkedIn
• TikTok
• YouTube
• WhatsApp
• OpenAI
• Anthropic
• Google Gemini
• GoHighLevel
• HubSpot
• Salesforce
• Zoho
• Make
• Zapier
• n8n
• WordPress
• Shopify
• Hosting providers
• Domain providers
• Payment providers
• Analytics providers
• Advertising networks
• CRM systems
• Communication providers
• AI platforms
• Other third-party software and infrastructure

Third-party platforms operate independently of PMS.

We do not control their:

• Availability
• Pricing
• Algorithms
• Policies
• APIs
• Account decisions
• Security
• Data processing
• Features
• Restrictions
• Service interruptions
• Advertising approvals
• Search rankings
• Account suspensions

If a third-party platform changes, suspends, terminates, restricts, modifies, or discontinues a service, PMS will not be responsible for resulting losses or delays to the extent caused by that third party.

6. Advertising Platforms

Where PMS manages advertising campaigns, advertisements remain subject to the policies, review systems, algorithms and technical requirements of the relevant advertising platform.

An advertisement may be:

• Rejected
• Restricted
• Delayed
• Disapproved
• Limited
• Suspended
• Removed
• Re-reviewed
• Affected by algorithm changes

PMS does not guarantee that any advertising platform will approve or continue to deliver an advertisement.

Unless expressly agreed otherwise in writing, PMS is not responsible for losses resulting from an advertising platform's decision, policy enforcement, account restriction, technical failure, algorithm change, suspension or termination.

7. SEO, AEO and GEO Services

PMS may provide SEO, AEO and GEO services intended to improve a client's online visibility.

However, search engines, answer engines and generative AI systems operate independently.

PMS does not guarantee:

• A specific Google ranking
• First-page ranking
• Featured snippets
• AI search visibility
• Inclusion in AI-generated answers
• Inclusion in search results
• Specific traffic levels
• Specific leads
• Specific conversions
• Specific revenue

Search engines and AI systems may change their algorithms, indexes, ranking systems, policies or outputs without notice.

8. AI-Generated Content and AI Systems

Where AI tools or automated systems are used, outputs may contain errors, omissions, inaccuracies, hallucinations, outdated information or inappropriate results.

AI-generated information should be reviewed by the client before being relied upon for legal, financial, medical, regulatory, commercial or other high-risk decisions.

PMS does not represent that AI-generated content is always accurate, complete, original, current or suitable for a particular purpose.

The client remains responsible for reviewing and approving material before publication or use where such approval is requested or reasonably appropriate.

9. Client Responsibility

The client is responsible for providing accurate, complete and timely information required to perform the services.

The client is responsible for:

• Providing accurate business information
• Providing accurate pricing and product information
• Providing legally usable content and assets
• Providing necessary account access
• Providing timely approvals
• Reviewing deliverables
• Maintaining its own business licenses and regulatory compliance
• Ensuring claims made about its products or services are accurate
• Maintaining appropriate backups where applicable
• Maintaining ownership or authorization for materials supplied to PMS

PMS is not responsible for errors, delays or losses caused by inaccurate, incomplete, misleading or late information supplied by the client.

10. Client-Supplied Materials

The client represents that it owns or has sufficient rights, permissions and licenses to use any content, images, videos, logos, trademarks, text, databases, software, customer information or other materials supplied to PMS.

The client shall be responsible for claims arising from materials supplied by the client where PMS reasonably relied upon the client's authorization to use those materials.

The client agrees not to provide PMS with materials that it does not have permission to use.

11. Approvals and Client Review

Where PMS provides drafts, advertisements, websites, graphics, videos, copy, campaigns, automations, or other deliverables for approval, the client is responsible for reviewing the material before approval.

Once the client approves a deliverable, PMS may rely upon that approval.

PMS will not be responsible for errors contained in client-approved material unless the error was introduced by PMS after approval.

12. Changes to Scope

Work outside the agreed scope may result in additional fees and/or changes to the delivery timeline.

Additional work may include:

• Additional pages
• Additional designs
• Additional videos
• Additional revisions
• Additional integrations
• New features
• New platforms
• New campaigns
• Major structural changes
• Changes requested after approval
• Rework caused by client changes
• Work caused by third-party platform changes

Additional work may require a revised quotation, written approval, or additional payment before commencement.

13. Revisions

Unless otherwise stated in a written proposal or agreement, revisions are limited to the number specified in the relevant quotation or project agreement.

A revision means a reasonable modification to an existing deliverable.

A completely new concept, strategy, design direction, feature, page, campaign or requirement may be treated as additional work.

14. Timelines and Delays

Project timelines are estimates unless a specific deadline is expressly agreed in writing.

PMS will not be responsible for delays caused by:

• Client delays
• Delayed approvals
• Missing information
• Third-party providers
• Platform outages
• API changes
• Hosting problems
• Domain/DNS issues
• Force majeure events
• Government restrictions
• Cybersecurity incidents
• Internet infrastructure failures
• Other circumstances reasonably outside PMS's control

Where the client causes a delay, the delivery timeline may be extended accordingly.

15. Payments

Fees, payment schedules and payment terms will be stated in the relevant proposal, quotation, invoice or agreement.

Unless otherwise agreed in writing:

• Work may begin after the required initial payment has been received.
• PMS may pause work where an invoice becomes overdue.
• Delays resulting from unpaid invoices may affect the project timeline.
• Third-party costs may be charged separately where applicable.
• Advertising budgets are separate from PMS service fees unless expressly stated otherwise.
• Fees paid for completed work, delivered services or non-cancellable third-party expenses may not be refundable unless required by applicable law or expressly agreed in writing.

16. Advertising Budget

Where PMS manages paid advertising, advertising spend paid to platforms such as Google, Meta, LinkedIn, TikTok or other advertising networks is separate from PMS's management or service fees unless expressly stated otherwise.

PMS does not guarantee that an advertising platform will spend a budget at a particular rate or generate a particular return.

17. Intellectual Property

Unless otherwise agreed in writing, PMS retains ownership of its pre-existing:

• Templates
• Frameworks
• Processes
• Strategies
• Internal systems
• Software
• Automation frameworks
• Code libraries
• Methodologies
• Know-how
• Proprietary materials

Upon full payment, the client will receive the rights to final deliverables specifically assigned to the client under the applicable project agreement, subject to any third-party licenses and PMS's retained rights.

Third-party software, fonts, stock assets, plugins, APIs, AI models and other licensed materials remain subject to their respective licenses.

18. Website and Software Development

For websites, applications, integrations, automations and software projects, PMS does not guarantee that the resulting system will be completely free of bugs or technical issues.

Software may require:

• Maintenance
• Updates
• Security patches
• Hosting changes
• Plugin updates
• API changes
• Browser compatibility updates
• Third-party service changes

Unless maintenance or support is specifically included in the client's agreement, post-launch maintenance and modifications may be charged separately.

19. Backups

Unless expressly included in a written agreement, PMS does not guarantee continuous backups of client websites, databases, accounts, files or systems.

Clients should maintain appropriate independent backups of important business data.

Where PMS performs backups as part of a specific service, the applicable project agreement will determine the scope and retention period of those backups.

20. Security

PMS uses reasonable measures appropriate to the services being provided to protect systems and information under its control.

However, no internet-connected system can be guaranteed to be completely secure.

PMS is not responsible for security incidents caused by circumstances outside its reasonable control, including compromised third-party platforms, client credentials, client devices, third-party services, malicious attacks, vulnerabilities introduced by third-party software, or unauthorized access resulting from credentials or access information controlled by the client.

Clients are responsible for maintaining secure passwords and appropriate access controls for their accounts.

21. Limitation of Liability

To the maximum extent permitted by applicable law, Pacific Marketing Solution shall not be liable for indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of:

• Profits
• Revenue
• Sales
• Business opportunities
• Customers
• Data
• Reputation
• Advertising performance
• Expected savings
• Expected business results

arising from or related to the website, services, deliverables, third-party platforms or use of our services.

To the maximum extent permitted by applicable law, PMS's total aggregate liability arising from a particular project or service shall not exceed the total amount actually paid by the client to PMS for that particular service during the three (3) months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be excluded or limited under applicable law.

22. No Professional Advice

Unless expressly stated otherwise in a written agreement, information provided by PMS does not constitute legal, tax, accounting, financial, medical or other regulated professional advice.

Clients should obtain advice from an appropriately qualified professional where required.

23. Third-Party Links

Our website may contain links to third-party websites and services.

These links are provided for convenience and do not mean that PMS endorses or controls those websites.

PMS is not responsible for the content, availability, security, privacy practices, products or services of third-party websites.

24. Acceptable Use

You agree not to use our website or services to:

• Violate applicable law
• Commit fraud
• Conduct unlawful activities
• Distribute malware
• Attempt unauthorized access
• Infringe intellectual-property rights
• Abuse third-party platforms
• Send unlawful communications
• Misrepresent your identity
• Interfere with our systems
• Attempt to gain unauthorized access to accounts or data

We reserve the right to suspend or terminate access where we reasonably believe that these Terms or applicable law have been violated.

25. Indemnification

To the maximum extent permitted by applicable law, the client agrees to indemnify and hold harmless Pacific Marketing Solution, its owners, employees, contractors and service providers from claims, losses, liabilities, damages, costs and reasonable expenses arising from:

• Materials supplied by the client;
• The client's products or services;
• The client's violation of applicable law;
• The client's violation of third-party rights;
• Unauthorized use of third-party content supplied by the client;
• The client's misuse of our services;
• Information or claims supplied by the client for publication or advertising;
• The client's breach of these Terms or a project agreement.

This section does not apply to the extent that a claim is finally determined to have resulted from PMS's own unlawful conduct.

26. Force Majeure

PMS shall not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, internet outages, telecommunications failures, cyberattacks, widespread software failures, platform outages, pandemics, strikes, infrastructure failures, or other extraordinary events.

27. Suspension and Termination

PMS may suspend or terminate services where:

• Payments remain overdue;
• The client materially breaches an agreement;
• The client requests unlawful activity;
• The client abuses PMS personnel;
• Continuing the engagement creates a material legal, security or operational risk;
• A third-party platform required for the service becomes unavailable;
• The client fails to provide information or access necessary to perform the work.

Termination does not automatically eliminate payment obligations for work already completed or approved expenses already incurred.

28. Confidentiality

Each party may receive confidential information belonging to the other party.

Both parties agree to use reasonable measures to protect confidential information and not disclose it to unauthorized persons except where:

• Disclosure is required by law;
• Disclosure is necessary to provide the agreed services;
• The information is already publicly available;
• The information was independently known;
• Disclosure is made to professional advisers or service providers subject to appropriate confidentiality obligations.

29. Privacy

Information submitted through our website or services may be processed in accordance with our Privacy Policy.

Our Privacy Policy forms part of these Terms where applicable.

Users should review the Privacy Policy before submitting personal information through our website.

30. Electronic Communications

By communicating with PMS electronically, you acknowledge that electronic communications may be used for quotations, approvals, project instructions, invoices, notices and other business communications.

Electronic records may be retained as evidence of communications and approvals where permitted by applicable law.

The Texas Uniform Electronic Transactions Act and the U.S. federal E-SIGN Act recognize electronic records, signatures and communications in specified circumstances.

31. Changes to These Terms

PMS may update these Terms from time to time.

Updated Terms will be posted on this website with a revised effective date.

Your continued use of the website after an updated version is published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

For existing client projects, the applicable signed proposal, agreement or statement of work will continue to govern unless otherwise agreed.

32. Governing Law

These Terms shall be governed by the laws of the State of Texas, United States, subject to any mandatory laws that may apply to a particular user, transaction or jurisdiction.

Any dispute shall be handled by the courts or other competent forum having jurisdiction under applicable law.

Nothing in these Terms is intended to deprive a consumer or other party of rights that cannot legally be waived.

33. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions shall continue in effect.

34. Entire Agreement

These Terms, together with any applicable proposal, quotation, statement of work, invoice, service agreement and other written agreement between PMS and the client, constitute the agreement governing the relevant services.

If there is a conflict, the more specific project agreement will control for that particular project.

35. Contact

For questions regarding these Terms of Service, please contact:

Last Updated: October 13, 2026