The Scale Performance (hereinafter referred to as "The Scale Performance," "we," or "our") is dedicated to providing quality digital marketing services in a manner that is legally compliant, transparent, and professional. These Terms & Conditions establish the terms of use of our Website (the "Website") and all services provided through it. Users, visitors, clients, and representatives of them are all "users," "you," or "your." As soon as you use our Website or our services, you accept these Terms & Conditions. If you have any objection to any of these terms, we recommend that you discontinue use of the Website and our services.
By accessing The Scale Performance's Website and/or using our services, you are acknowledging and agreeing to these Terms and our accompanying Privacy Policy. We have the right to update these Terms at our will and without notice. Continued access to the Website after changes have been posted will be taken as your acceptance of the revised Terms.
The Scale Performance offers performance-focused digital marketing solutions specifically designed to assist businesses with growth. Services include, but are not limited to:
Each service engagement will be documented in a contract, scope of work (SOW), or proposal shared with and agreed upon by the client.
To enable effective service delivery, users agree to provide:
Failure to provide the necessary information may affect service timelines, campaign performance, or result in suspension of services.
All service fees are defined in the contract or proposal accepted by the client. Invoices are issued based on the agreed-upon schedule. Payment must be made within the due date mentioned on the invoice. Late or failed payments may result in a delay, suspension, or termination of ongoing campaigns and access to reports.
Due to the strategic and custom nature of our work, The Scale Performance does not offer refunds for services once work has begun. Clients must give a 30-day written notice for service cancellation. All outstanding dues must be cleared prior to cancellation. Any partial refunds or fee adjustments are at our discretion and will be reviewed on a case-by-case basis.
While we use best practices and advanced strategies to drive campaign success, we do not guarantee specific metrics, rankings, or returns on investment. External factors such as platform policies, competition, user behavior, and budget fluctuations may affect outcomes.
Clients will receive access to real-time dashboards and/or receive performance reports through email. These may include key performance indicators (KPIs) such as conversions, cost per lead (CPL), return on ad spend (ROAS), and engagement rates. We are not liable for delays or errors caused by data issues or third-party tool outages.
We use various third-party platforms and technologies such as Google Ads, Meta, Bing, LinkedIn, and others. While we make every effort to ensure seamless performance, we are not responsible for platform-related errors, outages, or policy changes.
All campaign materials, strategy documentation, ad creatives, and proprietary data remain the intellectual property of The Scale Performance until full payment is received. Once payments are cleared, clients may use the deliverables as outlined in the contract. Unauthorized distribution or resale of these materials is strictly prohibited.
The Scale Performance will not be held liable for:
Our maximum liability in any circumstance will not exceed the value of the fees paid by the client in the three months prior to the dispute.
All content on the Website, including copy, visuals, logos, and downloadable materials, is the property of The Scale Performance unless otherwise stated. Users may not reproduce, distribute, or republish any Website content without written permission.
We may work with external vendors for technical support, payment processing, or data analysis. These partners are vetted for data protection and are granted limited access solely for operational purposes.
Participation in any contests or promotional offers may require personal data such as email addresses or company information. Any third-party involvement will be clearly communicated before data is collected.
We may disclose personal data if required by legal obligations, such as a subpoena, regulatory order, or investigation request. We will do our best to minimize the scope of data shared and inform you when allowed by law.
We uphold the highest standards of ethical conduct and expect clients to do the same. We do not support campaigns that include false claims, illegal products, discrimination, or misleading practices. Violation of this policy may result in immediate termination of services.
In case of a billing error or dispute, clients must contact our billing team within 30 days of the invoice date. Filing a chargeback without notice may result in a $50 administration fee and temporary account suspension. Repeated or unresolved disputes may lead to termination of the service relationship.
Clients wishing to end services must submit a written notice 30 days in advance. Final reports, remaining deliverables, and access will be provided only upon payment of any outstanding balance. Mid-cycle cancellations are not eligible for refunds.
The Terms & Conditions shall be interpreted and governed by the laws of the State of Delaware or the jurisdiction indicated in the service agreement.
Third-party links to other websites on our Website are offered for information purposes only. We do not endorse or accept responsibility for external website content, privacy practices, or policies.
We may add, pause, revise, or remove service offerings based on internal review, market demand, or platform updates. Clients will be informed of significant changes through official communication channels.
The Scale Performance reserves the right to update these Terms & Conditions at any time. Updates will be posted on the Website, and users are responsible for reviewing changes periodically. Continued use of our services implies agreement to the latest version.
To ensure professional integrity, our employees and contractors are not permitted to accept gifts, tips, or any personal incentives from clients. Additionally, clients may not attempt to solicit or hire The Scale Performance staff independently. Any such attempts should be reported to our management.
We collect user data through forms, service interactions, cookies, and campaign setups. This data is used strictly for service execution, campaign optimization, and communication. For more details, please refer to our Privacy Policy.
To opt out of promotional emails or service-related updates, clients can click the “unsubscribe” link included in our emails or contact us directly through support.
If you have any questions regarding these Terms & Conditions, please contact us at: [email protected]
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The Scale Performance is a results-first ecommerce marketing agency helping brands scale fast with optimized campaigns and smart digital performance strategies.
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