Levestor Specialists
These Terms & Conditions (“Terms”) constitute a legally binding agreement between Levestor Specialists (“Levestor Specialists,” “we,” “us,” or “our”) and any individual or entity (“Client,” “you,” or “your”) that accesses levestorspecialists.com (the “Site”), purchases lead generation or marketing services from us, or otherwise engages our services. By visiting the Site, submitting a form, signing a proposal or invoice, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services. Please also review our Privacy Policy, which explains how we collect and use your information.
Levestor Specialists is a marketing agency that provides lead generation, digital advertising, search engine optimization, website, and related marketing services (“Services”) primarily to roofing, construction, and home-improvement contractors and businesses (“Industry Clients”). Specific Services, deliverables, pricing, and campaign scope for each Client are set out in a separate order form, proposal, statement of work, or invoice (“Order”). If any term of an Order conflicts with these Terms, the Order controls only with respect to that conflict.
You must be at least 18 years old and have authority to bind the business you represent to use our Services. You agree to provide accurate, current, and complete business, billing, and contact information, and to keep that information updated. You are responsible for all activity that occurs in connection with your account and for safeguarding any login credentials, ad account access, or CRM access you provide to us.
3.1 Upfront Service Fees. Our Services include upfront service fees (which may include setup, onboarding, or first-cycle service fees, as stated in your Order).
Payment is required before Services begin. All upfront fees, and any first payment due under your Order, must be received in full before we begin any campaign setup, ad launch, or other work. We are under no obligation to begin or continue Services until payment is confirmed.
3.2 Recurring Payments. Where Services are billed on a recurring basis (e.g., monthly retainer), each payment is due on or before the start of the applicable billing cycle. Recurring payments must be made on time. If a recurring payment is late, declined, or otherwise not received when due, we may, at our discretion, suspend or pause active campaigns and Lead delivery, restrict access to deliverables, apply late fees, refer the balance to collections, or take any other action reasonably necessary to recover amounts owed, in addition to any other rights or remedies available to us.
3.3 Advertising Spend. Where campaigns involve paid advertising (e.g., Google Ads, Meta/Facebook Ads, or other platforms), any advertising or media spend is separate from our Service Fees unless your Order expressly states that spend is bundled. You authorize us to manage advertising budgets on your behalf up to the limits you approve in writing.
3.4 Late Payment. Invoices not paid by their due date may accrue a late fee of 1.5% per month (or the maximum permitted by law, if lower), in addition to the actions described in Section 3.2.
3.5 Billing Disputes & Chargebacks. If you believe a charge is incorrect, you agree to contact us directly first so we can investigate and resolve the issue in good faith before you initiate a chargeback, dispute, or reversal with your bank or payment processor.
If you file a chargeback, dispute, or payment reversal that is later determined to be invalid, unfounded, or made in breach of these Terms, you agree to pay us the full disputed amount plus any associated fees, penalties, and damages. This includes, without limitation, any losses or damages we incur if the dispute causes our payment processor to restrict, suspend, or terminate our merchant account. You further agree to indemnify us for reasonable costs (including collection and legal costs) incurred in recovering these amounts.
3.6 Taxes. Fees do not include applicable sales, use, or similar taxes. You are responsible for any such taxes other than taxes on our net income.
3.7 No Guarantee of ROI. Fees are paid for the performance of marketing activities described in your Order (e.g., campaign management, lead delivery, ad spend management). Except where an Order expressly states a specific guaranteed outcome, fees are earned regardless of the number of leads generated, appointments set, or jobs closed.
Client acknowledges and agrees that leads, inquiries, calls, form submissions, or appointments (“Leads”) generated through our Services are opportunities only, and that:
Any figures, projections, case studies, or examples we provide (verbally, in proposals, or on the Site) are estimates for illustrative purposes only and are not a guarantee of future performance.
To allow us to perform the Services, you agree to:
6.1 Term. Services continue for the initial term stated in your Order, and thereafter renew on a month-to-month (or other stated) basis unless either party gives written notice of non-renewal as specified in the Order.
6.2 Termination for Convenience. Either party may terminate ongoing Services with written notice as specified in your Order (typically 30 days), subject to any minimum-term commitment stated in the Order.
6.3 Termination for Cause. Either party may terminate immediately if the other party materially breaches these Terms or the Order and fails to cure within 10 days of written notice, or if the other party becomes insolvent.
6.4 Effect of Termination. Upon termination, Client remains responsible for fees and ad spend incurred through the effective termination date. Ad campaigns will be paused, and any pre-paid, unspent advertising budget will be handled as described in your Order or refunded to the applicable ad platform/account, less amounts already spent or committed.
Because Services involve labor, campaign setup, and third-party ad spend, fees — including upfront service fees — are generally non-refundable once work has begun or ad spend has been committed, except as expressly stated in your Order or required by applicable law. Any refund eligibility, trial periods, or performance-based guarantees will be stated in writing in your Order.
8.1 Our Materials. Ad creative, landing pages, copy, strategies, reports, software, and other materials we create in connection with the Services (“Agency Materials”) remain our property or that of our licensors. Upon full payment, we grant you a non-exclusive, non-transferable license to use Agency Materials created specifically for your campaigns for your own business marketing purposes.
8.2 Client Materials. You retain ownership of your trademarks, logos, photos, testimonials, and licensing information you provide, and you grant us a limited license to use them solely to perform the Services.
8.3 Portfolio Use. We may reference your business name, campaign results (in aggregate or anonymized form), and non-confidential work product for our own marketing and portfolio purposes unless you opt out in writing.
Each party agrees to keep confidential any non-public business, financial, technical, or strategic information disclosed by the other party in connection with the Services, and to use it only to perform obligations under these Terms. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law.
Our Services rely on third-party platforms (including Google, Meta/Facebook, other ad networks, hosting providers, payment processors, and CRMs) that we do not own or control. We are not responsible for outages, policy changes, account suspensions, algorithm changes, or pricing changes made by these third parties, though we will use commercially reasonable efforts to adapt campaigns in response. Use of third-party platforms is also subject to their own terms of service.
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR RESULT IN ANY PARTICULAR NUMBER OF LEADS, APPOINTMENTS, OR SALES.
You are solely responsible for ensuring your business, licensing, advertising claims, and follow-up practices (including calls, texts, and emails to Leads) comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state telemarketing and do-not-call laws, state contractor licensing requirements, and applicable consumer protection and advertising laws. We will use commercially reasonable efforts to run compliant ad campaigns, but we do not provide legal advice, and you should consult your own counsel regarding compliance obligations specific to your business and jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEVESTOR SPECIALISTS' TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES (EXCLUDING PASS-THROUGH AD SPEND) PAID BY CLIENT TO LEVESTOR SPECIALISTS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Levestor Specialists and its owners, employees, and contractors from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your violation of any law, including telemarketing or licensing laws; (c) content, claims, or representations you provide to us for use in advertising; (d) the work you perform, or fail to perform, for any Lead; or (e) any invalid or fraudulent payment dispute as described in Section 3.5.
During the term of Services and for twelve (12) months after termination, Client agrees not to directly hire, engage, or solicit for hire any employee or contractor of Levestor Specialists who was involved in providing Services to Client, without our prior written consent.
Neither party is liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, government action, internet or platform outages, or changes to third-party advertising platform policies.
We may update these Terms from time to time. The “Effective Date” above reflects the most recent revision. Material changes will be communicated by posting the updated Terms on the Site or by direct notice to active Clients. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by applicable law, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services will first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, the dispute will be resolved by binding arbitration administered under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to protect confidential information or intellectual property.
Where you provide your phone number and opt in, Levestor Specialists and/or the businesses we support may send you SMS text messages related to lead follow-up, appointment scheduling and reminders, and service updates (“SMS Program”). By opting in, you agree to the following: