Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
This Contract (the "Contract") is entered by and between the "Client" and Elevate Marketing AS (the “Coach") (The Client and Coach are collectively referred to as the “Parties”).
1. WORK AND PAYMENT
1.1 Service. The Client understands and agrees to hire the Coach to manage and optimize digital advertising campaigns on the Client’s behalf. This includes, but is not limited to, campaign strategy, audience targeting, ad creative refinement, performance monitoring, and ongoing optimization to maximize ad effectiveness and return on investment (the “Service”). The Coach will use commercially reasonable efforts to improve ad performance but does not guarantee specific results.
1.2 Payment. The Parties agree that the Client shall pay either: (1) a lump-sum of the pay in full (PIF) amount; or (2) three payments of the amount indicated in the payment plan option for the Service (the “Payment”). If the Client opts to make the Payment monthly (i.e. option 2), such funds shall be delivered to Coach on the first day of each thirty-day period, for ninety (90) days (the “Pay Period”).
Payments shall be made via credit card or PayPal. If a credit card is provided, the Client expressly authorizes the Coach to charge the card automatically on each due date until the full Payment is received.
The Client acknowledges and agrees that the Payment is non-refundable and remains due in full regardless of whether the Client chooses to discontinue or terminate the contract prior to its completion. Failure to make timely payments may result in the suspension or termination of Services at the discretion of the Coach.
1.3 Benefits. The Service will commence only after the Payment has been successfully processed. If the Client is making installment payments, the Service will begin once the first installment has cleared. The Service will continue for a period of twelve (12) weeks unless terminated earlier per the terms of this Agreement.
In exchange for the Payment, the Coach agrees to provide the Client with the following:
One (1) onboarding call to review the Client’s current offers and create a customized strategy for the next 3 months
Three (3) months of support on offer optimization for ads, custom ad strategy, ad creative support, full campaign build and ad set up and ad management and performance monitoring.
Bi-weekly strategy and performance review calls to track, adjust and optimize advertising campaigns for maximum effectiveness.
The Client acknowledges that results may vary based on multiple factors beyond the Coach’s control, such as ad budget, market conditions, platform algorithms, and Client’s offer quality. While the Coach will use commercially reasonable efforts to enhance ad performance, no specific outcomes or revenue guarantees are made.
2. DUTIES AND RESPONSIBILITIES OF THE CLIENT AND COACH
2.1 Ad Management Relationship. The Parties agree that the relationship between them is a collaborative partnership, similar to that of a service provider and client, where both Parties must fulfill their respective obligations for the engagement to be effective. The Coach will provide expert guidance, strategic direction, and ad management services, while the Client agrees to actively participate by providing necessary assets, approvals, and timely communication.
The success of the advertising campaigns depends on joint efforts, including but not limited to:
The Coach’s expertise in ad strategy, optimization, and execution.
The Client’s timely provision of necessary materials, such as ad creatives, offer optimization, brand assets, login credentials, and access to relevant advertising platforms.
Open and responsive communication between both Parties to ensure effective decision-making and adjustments to campaign performance.
The Client acknowledges that while the Coach will make every reasonable effort to improve ad performance, the success of the campaigns is influenced by various factors beyond the Coach’s control, including market conditions, platform algorithms, ad spend, audience behavior, and the Client’s product/service appeal.
2.2 Client’s Duties, Responsibilities, and Understanding. The Client acknowledges that ad management is a collaborative process requiring their active participation. To ensure successful campaign execution, the Client agrees to:
Provide timely access to advertising platforms and necessary assets (e.g., ad creatives, brand materials).
Make necessary adjustments to offer structure, offer flow and/or offer copy
Respond promptly to feedback requests and strategic adjustments.
Maintain an active ad spend budget with valid payment methods.
The Client understands that while the Coach will manage and optimize campaigns, results depend on multiple factors, including market conditions, audience behavior, and the Client’s offer. No specific results, sales figures, or return on investment (ROI) are guaranteed.
By entering this Agreement, the Client takes full responsibility for their business outcomes and acknowledges that their engagement in the process directly impacts performance.
3. COMPENSATION & EXPENSES
3.1 Ad Spend Responsibility. The Client understands and agrees that the Payment outlined in Section 1.2 covers only the Coach’s ad management services and does not include the actual ad spend. The Client is solely responsible for funding and maintaining the agreed-upon advertising budget on the designated ad platform(s).
3.2 Additional Fees. If additional services beyond the agreed-upon scope (e.g., ad creative design, landing page development, copywriting, audience research, or third-party tool integrations) are required, such services may be provided at an additional cost. The Coach will notify the Client of any potential additional fees in writing before incurring the expense.
3.3 Third-Party Costs. The Client is responsible for any third-party costs associated with ad management, including but not limited to:
Advertising platform charges (e.g., Meta/Facebook Ads).
Licensing fees for stock images, videos, or music used in ad creatives.
Any payment processing fees for transactions related to ad campaigns.
3.4 Late Payment & Service Suspension. If the Client fails to make a scheduled payment per Section 1.2, the Coach reserves the right to pause or suspend all ad management services until the outstanding balance is paid in full. Paused services do not extend the original contract term.
4. TERM AND TERMINATION / NO REFUND POLICY
4.1 Termination. This Contract shall remain in effect for a period of twelve (12) weeks, except for any provisions that survive termination as listed below.
The Client may terminate this Contract at any time, with or without cause. However, termination does not relieve the Client of their payment obligations under this Agreement.
The Coach may terminate this Contract for cause in the following circumstances:
The Client becomes unresponsive, delays the provision of necessary assets, or otherwise obstructs the Coach’s ability to perform the Services.
The Client fails to make any required payments when due.
The Client engages in conduct that damages the reputation, goodwill, or business operations of Elevate Marketing AS, including but not limited to defamatory remarks, false claims, or unethical behavior.
In the event of termination by the Coach for cause, all outstanding payments shall remain due, and no refunds shall be issued.
4.2 No Refund Policy. The Parties agree and acknowledge that all payments made under this Agreement are non-refundable.
If the Client chooses to terminate this Contract before the expiration date outlined in Section 4.1, the Client remains fully responsible for completing all outstanding payments as described in Section 1.2.
This Agreement is not a subscription but a binding contract for services in exchange for a fixed fee. The Client understands that payment is for the Coach’s expertise, time, and availability, regardless of the results achieved or whether the Client fully utilizes the Services.
5. CONFIDENTIAL INFORMATION
During the course of this Agreement, the Client may receive access to confidential and proprietary information belonging to the Coach. This includes, but is not limited to:
Advertising strategies, campaign performance data, and optimization techniques.
Customer lists, audience insights, and targeting methodologies.
Business strategies, pricing models, and financial data.
Digital tools, resources, templates, or any proprietary methods used by the Coach.
The Client agrees not to disclose, share, or use any confidential or proprietary information for any purpose other than receiving the agreed-upon Services, unless the Coach provides prior written consent.
This obligation remains in effect both during and after the termination of this Agreement.
6. LIMITATION OF LIABILITY
Except as expressly stated in this Agreement, neither Party shall be liable to the other for any indirect, incidental, or consequential damages, including but not limited to:
Loss of use, revenue, or profits.
Business interruption or reputational harm.
Loss of goodwill, opportunities, or anticipated savings.
This limitation of liability applies regardless of the legal theory under which a claim is made, including but not limited to breach of contract, negligence, tort, product liability, or strict liability, even if a Party knew or should have known of the possibility of such damages.
The Client acknowledges that the Coach does not guarantee specific advertising results, sales, or financial outcomes, and the Client assumes all risks associated with the use of the Services.
7. NON-SOLICITATION OF EMPLOYEES
During the term of this Contract and for a period of twelve (12) months after its termination (for any reason, whether voluntary or involuntary), the Client agrees not to:
Directly or indirectly solicit, recruit, or attempt to hire any employee, consultant, or independent contractor of the Coach.
Induce or encourage any such individual to terminate their relationship with the Coach.
Engage, employ, or contract with any such individual for similar services outside of the Coach’s business.
Authorize or facilitate any third party to take such actions on the Client’s behalf.
This clause applies regardless of whether the solicitation is for the Client’s own business or for a third party.
8. GENERAL
8.1 Assignment. This Contract is exclusive to the Parties and may not be assigned, transferred, or delegated to any third party without the prior written consent of the other Party.
Neither the Client nor the Coach may assign their rights or obligations under this Agreement to another entity, individual, or service provider without express written approval. Any unauthorized assignment shall be considered null and void.
8.2 Arbitration. Any dispute arising out of or relating to this Contract shall be resolved exclusively through binding and confidential arbitration before the European Court of Arbitration. The arbitration shall be conducted in English in Oslo, Norway, and the decision rendered shall be final, binding, and enforceable in any court of competent jurisdiction.
The prevailing party in arbitration shall be entitled to recover reasonable attorney’s fees and arbitration costs.
8.3 Modification and Non-Waiver. This Contract may only be modified in writing with mutual agreement from both Parties.
No Party may waive its rights or release the other from obligations under this Contract unless the waiver is expressly acknowledged in writing. A failure to enforce any provision shall not be considered a waiver of any future rights.
8.4 Governing Law. This Contract shall be governed by and interpreted in accordance with the laws of Norway. Any disputes shall be resolved under Norwegian law, regardless of conflict-of-law principles.
8.5 Entire Agreement. This Contract constitutes the final, complete, and exclusive agreement between the Parties regarding its subject matter. This Contract supersedes all prior agreements, negotiations, or understandings, whether written or oral, and may only be modified in writing and signed by both Parties. No other representations or warranties shall apply unless expressly stated in this Contract.
8.6 Counterpart Execution. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same agreement. Electronically signed, facsimile, and emailed copies of signatures shall be considered valid and enforceable as originals.
By proceeding with this purchase, the Client affirms that they have read, understood, and agreed to all terms and conditions stated herein.
