Terms of Service

Effective Date: December 11, 2024

These Terms of Service (“Terms”) govern your use of the services provided by Clever Marketing, Ltd. ("Clever," "we," or "us") and your interactions with our website. By accessing our website or purchasing our services, you agree to comply with these Terms. Please read them carefully.

1. Services Overview

Clever provides a range of digital services designed to support your business’s online presence and growth:

  • Search Engine Optimization (SEO): On-page and off-page SEO services to improve your website’s visibility in search engine results. Our SEO packages cover keyword optimization, content strategy, technical SEO, and regular performance tracking.
  • Digital Marketing: Platform-based ad campaigns across Google, Meta (Facebook and Instagram), LinkedIn, and other channels. We offer targeted campaigns for brand awareness, lead generation, and conversions, with optional sales funnel strategies. Digital marketing services include both ongoing campaigns and single, one-off campaigns designed for short-term objectives.Website Maintenance: Comprehensive maintenance services including security monitoring, updates, and troubleshooting to ensure your website remains secure and fully operational. Free hosting and SSL are included if hosted on Clever’s servers, with clients responsible for third-party hosting or SSL.

2. Service Activation and Payment

Clever requires upfront payment and a signed service agreement to initiate all services. Payment details vary by service type as outlined below:

Billing Cycles

  • Monthly Billing: For ongoing services (SEO, Digital Marketing, Website Maintenance), monthly billing cycles begin on either the 6th or 20th of the month, depending on the client’s sign-up date:
    • Sign-ups on or before the 6th start their cycle on the 6th.
    • Sign-ups between the 6th and the 20th start their cycle on the 20th.
  • Annual Billing: Clients may choose an annual payment option for SEO and website maintenance services. Annual billing includes a discount equivalent to two free months of service, ideal for clients with long-term objectives.
  • Automatic Renewal: All monthly and annual subscriptions automatically renew for the following billing period unless the client provides written notice of cancellation before the next billing cycle.
  • One-Off Campaigns: For one-off digital marketing campaigns, full payment is required upfront to activate services. One-off campaigns have a clearly defined scope and timeframe and do not include recurring billing or ongoing management after completion.

Non-Payment Policy

Timely payment is essential for continued service:

  • Grace Period: Clever offers a 7-day grace period after the billing due date. During this period, services continue as usual.
  • Service Suspension: If payment is not received within the grace period, services—including updates, optimization, and reporting—may be suspended.
  • Reactivation: Suspended services will resume within 48 hours of receiving the outstanding balance.
  • Long-Term Lapse: Accounts with balances outstanding for 30 days or more may be permanently deactivated. Re-enrollment will require signing up as a new client and will be subject to current rates and availability.

3. Scope of Services and Limitations

Clever’s services are provided based on the packages and scope agreed upon in your service agreement. Any additional requests, such as custom features, modifications, or extra revisions, may incur additional fees.

  • Digital Marketing: Includes platform-based ad campaigns, targeting, and performance tracking as outlined in each package.
  • SEO: Encompasses on-page and off-page optimization, content strategy, and analytics. SEO packages are subscription-based and require a commitment of at least 3 months.
  • Website Maintenance: Covers security monitoring, updates, and basic troubleshooting. Free hosting and SSL are included if the website is hosted on Clever’s servers. Third-party hosting or SSL is the client’s responsibility.

Clever’s services are also limited by third-party platforms (e.g., Google, Meta, LinkedIn) and changing algorithms, which may affect results. Clever does not guarantee specific results, rankings, or conversions, as these outcomes depend on numerous factors beyond Clever’s control.

4. Client Responsibilities

To ensure timely and effective service, the client agrees to:

  • Provide necessary content, access, and approvals.
  • Respond promptly to requests for information, feedback, and approvals.
  • Comply with all terms and third-party platform policies associated with the services.

Delays in client responsiveness, such as providing content or approvals, may impact project timelines. Such delays do not constitute a delay by Clever and may result in rescheduling or additional charges as necessary.

5. Intellectual Property and Licensing

Ownership of Content

  • Client-Provided Content: Any content provided by the Client, including text, images, logos, and branding elements, remains the property of the Client. Clever will not use this content outside the scope of the agreed-upon services without explicit permission.
  • Clever-Created Content: Clever retains ownership of proprietary tools, methods, templates, and raw design files created during the project. Clever grants the Client a non-exclusive, perpetual license to use the final deliverables as intended for their website, marketing, or other business purposes.

Third-Party Materials

Clever may incorporate licensed third-party plugins, APIs, or resources to enhance functionality and design. The Client acknowledges that Clever is not liable for changes, restrictions, or fees associated with these third-party tools after project completion. If any ongoing licensing fees are required for third-party materials, these will be outlined in the project details and become the Client’s responsibility.

Marketing and Portfolio Use

The Client grants Clever permission to showcase non-confidential project elements, including the Client’s logo, website design, and completed project visuals, in Clever’s portfolio, on its website, and in social media or other marketing materials. This permission is solely for the purpose of demonstrating Clever’s capabilities and does not imply endorsement of Clever by the Client.

  • Opt-Out Option: Should the Client prefer not to have their project displayed publicly, they may provide written notice to Clever at any time to opt out of marketing use.

6. Confidentiality and Data Privacy

Clever agrees to maintain the confidentiality of sensitive information provided by the client. Please review Clever’s Privacy Policy on our website for full details on our data handling and protection practices.

7. Refund Policy

Payments are non-refundable once services begin, except under extenuating circumstances at Clever’s discretion. For subscription-based services, cancellations must be made before the next billing cycle to avoid charges.

8. Termination of Services

Either party may terminate this agreement with written notice:

  • Client-Initiated Termination: The client may terminate services with 14 days’ written notice. No refunds are provided for services already rendered.
  • Clever-Initiated Termination: Clever reserves the right to terminate services immediately if the client violates any terms, policies, or legal regulations. Any outstanding balances will remain due upon termination.
  • Termination by Clever for Convenience: Clever may also terminate the agreement with 30 days’ written notice, for reasons such as capacity limitations or other business needs.

Dispute Resolution

In the event of a dispute arising from these Terms or related services, the parties agree to resolve the issue solely through mediation or arbitration, waiving the right to pursue litigation. The resolution process is as follows:

  • Mediation: The parties will first attempt to resolve the dispute through mediation with a mutually agreed-upon mediator based in The Bahamas. If mediation does not result in a resolution, the dispute will proceed to arbitration.
  • Arbitration: If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in The Bahamas, in accordance with Bahamian arbitration rules or the procedures of an established Bahamian arbitration body, such as the Bahamas Arbitration Centre.

Both parties understand and agree that arbitration shall be the exclusive remedy for resolving disputes, and the decision of the arbitrator shall be final and binding.

Arbitration Fees

  1. Initiating Party’s Responsibility: If arbitration is initiated by one party alone, that party will be responsible for all administrative and arbitration fees if they lose. This encourages each party to pursue arbitration only when they have a strong case.

  2. Mutual Agreement Cases: If arbitration is initiated by mutual agreement, the administrative and arbitration fees will be split equally between the parties, promoting fairness when both parties agree on arbitration as the best path forward.

  3. Legal Fees and Costs: Each party shall generally bear its own legal fees and costs associated with arbitration. However, the arbitrator retains limited discretion to assign legal fees and costs to the losing party in cases of clear, documented bad faith, frivolous claims, or abuse of the arbitration process.


10. Limitations of Liability

Clever is not liable for:

  • Downtime, outages, or changes in performance due to third-party hosting, SSL providers, or platform policies.
  • Loss of data or revenue resulting from service interruptions or delays, regardless of cause.
  • Any damages exceeding the fees paid for services within the last 3 months.

11. Indemnification

The client agrees to indemnify, defend, and hold harmless Clever, its employees, and affiliates from any claims, damages, liabilities, or expenses arising out of:

  • Violations of third-party platform policies (e.g., Google Ads, Meta Ads, LinkedIn) due to client-provided content.
  • Unauthorized use of copyrighted or trademarked content by the client.
  • Any breach of these Terms by the client.

12. Amendments and Modifications

Clever reserves the right to update or modify these Terms at any time. Any changes will be posted on our website, and continued use of our services following changes constitutes acceptance of the updated Terms.

Acceptance of Terms

By entering into a Service Agreement with Clever Marketing, Ltd. (“Clever”), the Client acknowledges and agrees that the Agreement is subject to these Terms of Service. Any terms outlined in the Service Agreement are supplementary to these Terms. In case of any inconsistencies, the Terms of Service shall take precedence, unless otherwise stated in the Service Agreement.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of The Bahamas, without regard to conflict of law principles.

14. Contact Information

For questions regarding these Terms, please contact us at:

Email: support@getclever.marketing
Website: https://getclever.marketing