§1 Scope of Services
Kalebaker LLC provides online marketing services with a focus on the conception, setup, management, and optimization of Google Ads campaigns.
The services may include, in particular, the following activities: keyword research, target audience analysis, campaign structuring, ad creation, conversion tracking setup, performance optimization, reporting, and strategic consulting.
Kalebaker LLC does not guarantee specific economic success. In particular, no guaranteed leads, sales, profits, conversion rates, ROAS values, or any other specific results are assured.
§2 Communication Channels
Communication between Kalebaker LLC and the client primarily takes place via email and Google Meet.
The client undertakes to be reasonably available and to provide necessary approvals, information, and materials promptly. The success of advertising campaigns is significantly dependent on the client's cooperation and speed of response.
Delays or performance limitations resulting from a lack of accessibility, missing cooperation, or delayed provision of content are not the responsibility of Kalebaker LLC.
§3 Client's Duties
The client is obliged to,
provide all necessary access to Google Ads, Google Analytics, Tag Manager, and websites,
to provide correct and complete company and product information,
Financing advertising budgets independently through their Google Ads account,
to ensure the legal admissibility of its products, services, and advertising claims.
The advertiser is solely responsible for the content of ads and landing pages, as well as their legal compliance.
§4 Advertising Budget
The advertising budget is not part of the agency's remuneration and is paid directly by the client to Google.
Kalebaker LLC has no influence on auction mechanisms, click prices, ad approvals, policy decisions, or other actions by Google.
§5 Compensation and Payment Terms
The remuneration for the services shall be regulated individually in the offer or in a separate service contract.
Invoices are due within the agreed-upon timeframe. In case of late payment, Kalebaker LLC is entitled to suspend services until full payment is received.
§6 Contract Term and Termination
The minimum contract term is three (3) months.
After the minimum term expires, either party may terminate the contract in writing via email with thirty (30) days' notice.
Services already rendered must be fully compensated, even in the event of termination.
§7 No Guarantee of Success
Kalebaker LLC offers no guarantee of specific results.
The performance of online advertising campaigns depends on numerous external factors, in particular:
Competitive situation
Market environment
Offer and Pricing
Landing page quality
Client's sales processes
Seasonal fluctuations
Demand development
Client Cooperation and Availability
Online advertising always involves business risk.
§8 Limitation of Liability
Kalebaker LLC is not liable for indirect damages, lost profits, loss of revenue, or other consequential damages.
To the extent permitted by law, total liability is limited to the sum of the fees paid in the three months immediately preceding the event giving rise to the claim.
§9 Intellectual Property
The advertising accounts remain the property of the client.
Strategies, processes, templates, concepts, and internal methods developed by Kalebaker LLC remain the intellectual property of Kalebaker LLC, unless otherwise expressly agreed in writing.
§10 Confidentiality
Both parties undertake to treat all non-public information confidentially and not to disclose it to third parties.
§11 Independence
Kalebaker LLC acts as an independent contractor. No employment relationship, partnership, or joint venture is created.
§12 Applicable Law
The law of the state in which Kalebaker LLC is registered shall apply, unless otherwise expressly agreed in writing.
