Refund policy - Ascension Digital Marketing | The Premier Provider of Omnipresent Marketing Solutions

Ascension Digital Marketing, LLC.

Terms and Conditions of Service

Fulfillment Policy:

Ascension Digital Marketing is to perform the tasks outlined within your, the “client’s”, proposal/agreement. Ascension Digital only guarantees the completion of the tasks outlined within the parameters of the service outlined. Any additional services requested outside of the scope of the outlined proposal are not guaranteed by Ascension Digital, unless documented in writing with a corresponding service proposal/agreement that is both signed and paid by the “client” immediately following the request of additional services.

The “Client” or “Contracting Party” – defined as the party that provides payment to Ascension Digital Marketing following the completion of the proposal with a verified signature, and the resources needed to perform their duties and initiate the “work.”

“Work” – defined as performing tasks to ensure the timely rendering of services within the immediate control of Ascension Digital Marketing, LLC.

Services

Ascension Digital Marketing, LLC reserves the right to cancel services rendered for any reason at any time.

Intellectual Property Rights: Ascension Digital Marketing owns the rights and intellectual property rights to all of the campaigns, structure, strategy, targeting, ideation, and deliverables facilitated by Ascension Digital Marketing on behalf of the “Client.” This includes but is not limited to: email and sms marketing campaigns, email and sms automations, copywriting, ad campaigns on Facebook/Google/Tiktok/Snapchat/LinkedIn, audience targeting, ad copy, creatives sourced by Ascension Digital Marketing etc.

Survival of Intellectual Property Rights: USE, DUPLICATION, OR RECONSTRUCTION OF THE MARKETING EFFORTS DONE BY ASCENSION DIGITAL MARKETING ON THE “CLIENT’S” BEHALF DURING OR AFTER THE WORKING RELATIONSHIP IS STRICTLY PROHIBITED, CONSIDERED INTELLECTUAL PROPERTY THEFT, AND WILL BE MET WITH LEGAL ACTION.

Coaching and Mentorship (As a part of done-for-you marketing services): Ascension Digital Marketing requires the “client” to book any weekly, bi-weekly or monthly coaching calls at their own discretion. Most packages include sales and accountability coaching free of charge. Given that this is a free bonus, Ascension Digital Marketing reserves the right to limit availability to this service as time permits.

Marketing Services: Ascension Digital Marketing guarantees performance based on ads being run on one of or various platforms being leveraged as a part of the package the “client” holds. This can be defined as ads being approved to run by the platform(s) respectively and being aired to viewers or users of the respective platform(s). Ascension Digital Marketing makes no expressed or implied guarantees regarding their work generating additional revenue, profit, or expenses incurred by the “client” as a result of the services rendered by Ascension Digital Marketing.

Lead Generation: Any clients seeking leads a KPI, objective, or result agree to and understand that Ascension Digital Marketing, LLC is not responsible for converting, selling, or transacting on the leads generated by their efforts.

Ascension Digital makes no expressed or implied warranties relative to the leads being able to transact with “the Client,” various factors, including but not limited to:

The leads’ income, liquidity, ability or willingness to pay, or credit
The leads’ employment status
The leads’ marital status
The lead’s interest in specifically your products or services, even if searching for something in your market.

Ascension Digital does warranty that the targeting within their respective control will be optimized to generate leads.

Billing

Ascension Digital Marketing collects a payment method when the proposal/agreement is completed by the “client” in the section labeled “Preferred Payment Method” on page six of the proposal/agreement, unless collected over the phone, or self service if the “client” completes an invoice via email. This payment method will be the method in which we bill for our services. Ascension Digital Marketing does not need to sign the document in order to bill the “client” and/or render services on their behalf as outlined in the “client’s” proposal.

All “clients” opt into “subscriptions” when they begin working with Ascension Digital Marketing.

“Subscription” – defined as billing that reoccurs on a regular or routine basis until canceled.

Our service fees are billed automatically every 30 calendar days, following the date of the initial payment, for a minimum of 90 days, or by whatever timeframe is stated in the “clients” proposal under section four – titled “Investment.”

Any erroneous charges due to billing errors are to be immediately refunded by Ascension Digital Marketing upon notice of the “client.”

Performance Fees – Ascension Digital Marketing collects performance fees from clients when agreed upon at the time of contracting with Ascension Digital. Performance fees are generated and due to Ascension Digital Marketing as a result of the revenue generated by their efforts on behalf of the client. Performance fees are due to be paid to Ascension Digital daily, unless otherwise agreed upon by Ascension Digital and “the Client” in writing.

Refund Policy: Ascension Digital Marketing reserves the right to issue or not issue refunds for services rendered.

Refunds may be issued on a case by case basis at the sole discretion of Ascension Digital Marketing.
We will not refund based on “buyer’s remorse,” or any other reason without work rendered by Ascension Digital Marketing, LLC.
Refunds, if granted, will be on a prorated basis. The basis being the balance of days not worked since previously billed. The remaining balance would be divided by the total cost per the “subscription,” by the cost of the services. The daily average cost would be deducted from the total subscription cost less the amount of days remaining in the billing cycle multiplied by the daily average cost.
Any processing fees incurred by processing the refund would be deducted from the amount returned in the refund.

Chargeback Clause: In contracting with Ascension Digital Marketing LLC, you waive the right to attempt, conduct, or file a chargeback or dispute a payment with your bank or any other entity for services fulfilled by Ascension Digital Marketing, LLC.

Ascension Digital Marketing provides a digital service. Our service fees cover the cost of our staff. Disputing the fees before, during, and after the rendering of services is prohibited by Ascension Digital Marketing and will be enforced by the agreement, terms of service, and our legal team.

Attempting a fraudulent chargeback for services rendered is fraud as defined by US Law, and considered a form of shoplifting under US Law. Most of our services exceed the threshold from a shoplifting misdemeanor to larceny, which is a felony.

Ascension Digital Marketing will pursue legal action in the event that a chargeback occurs after services have been rendered. Any and all legal fees, bank fees, and material damages incurred by Ascension Digital Marketing caused by the chargeback(s) will be the responsibility, financially, materially or otherwise, for the client committing the fraudulent chargeback(s) to fulfill.

In the event of a disputed payment or chargeback, any and all forthcoming litigation will be done by Ascension Digital Marketing, LLC’s legal team in a jurisdiction chosen by Ascension Digital Marketing, LLC.

Any material evidence to support Ascension Digital Marketing’s case against the chargeback or dispute will be provided to your bank or any other entity in which the “client” attempts, conducts, or files a chargeback or dispute on charges for services rendered.

This includes, but is not limited to, the signed proposal/agreement, collected payments, any correspondence between the “client” and Ascension Digital Marketing, proof of work, materials exchanges (emails offering access(es) to accounts, zoom recordings, task notifications within our systems, etc.

“Clients” who pay their full service term balance completely on or forward from the start date relinquish their right to a refund or chargeback on the payment terms listed on the agreement.

Most “clients” are offered a discount in exchange for full upfront payment. There is no obligation to take the offer in exchange for full upfront payment of services rendered.
“Clients” who pay in full up front do so willingly.

Ascension Digital Marketing reserves the right to use third-party collections agencies in the event that payments are delinquent for more than 60 days or in the event that a chargeback takes place.

Subscription Disclosure: The services rendered by Ascension Digital Marketing are billed for as a subscription, and continually rendered until the “client” cancels the services in writing via email or certified mail, and only after the duration of the agreement has been fulfilled from the start date. Failure to complete the agreement voids any and all guarantees and warranties provided by Ascension Digital Marketing.

Payment Methods Accepted: All payments to Ascension Digital Marketing are to be collected via Stripe, or bank wire.

Termination of Agreement

Cancelation Policy: Ascension Digital Marketing requests that clients looking to cancel services do so with 30 days advanced notice so that we may be given enough time to properly transition out of the clients’ ecosystem.

This allows us to:

Give access to a new marketing team if one is brought in.
Cancel subscriptions so that the client doesn’t get billed again.
Complete the scope of our services within the remaining time allotted for within the contract terms.
Remove ourselves from the “client’s” assets.

Fair Shake Clause: The “client” is able to always offer constructive criticism, corrective feedback, and determine places for improvement.

Any cancellation or termination of an active agreement with Ascension Digital Marketing cannot occur without having provided Ascension Digital Marketing with, at minimum, three distinctly separate issues needing correction in writing via email from the “client” and or point of contact managing this relationship directly. The “client” being the immediate point of contact involved in managing the relationship between Ascension Digital Marketing and the “client” who has signed the contract.

Any circumstance leading to the termination of this agreement which also violates the “Fair Shake Clause” requires an additional full month’s service payment in accordance with our standard 30 day cancellation notice.

Refunds Post-Termination: Ascension Digital Marketing reserves the right to not issue refunds if our cancelation policy is broken under the following circumstances:

In the event that a “client” completes the full term of services rendered as outlined in the agreement and declines the continuation of services, Ascension Digital Marketing will release the “client” freely with no penalty or termination fee.

Term – defined as the timeframe of services rendered in the “Investment” section on page four of the proposal/agreement signed by the “client”.

Not all “clients” elect to have a term commitment. Those that do not will be ineligible for all offers, unless otherwise granted.

The “client” must cancel services in writing via email – sent to [email protected], or via certified mail using the information below:

ATTN: Stephen Kommer

316 Lakewood Road,

Greensburg, PA

15601

In the event that a “client” does not complete the full term of services rendered as outlined in the agreement, the “client” will continually be billed for the remaining outstanding balance of the service proposal over the course of the outlined term until the term is completed.

The “client” will be billed using the payment method on file.

If the “client” is unable to be billed within 30 days, Ascension Digital Marketing will send the uncaptured payment(s) to collections.

Payments that are 30-59 days late will have a 5% late fee imposed on the “client,” based on the cost of the package and running late balance.
Payments that are 60-90 days late will have a 15% late fee imposed on the “client,” based on the cost of the package and total late balance.

If Ascension Digital Marketing cannot collect payments through collections, Ascension Digital Marketing reserves the right to bring forth legal action to collect the remaining balance due, in addition to the fees associated with the collections of incomplete payments, legal fees, and any other fees incurred by Ascension Digital Marketing.

“Client(s)” that are more than 30 days delinquent without satisfying the balance due will have their accounts suspended and held by Ascension Digital until the due balance is paid in full, in addition to any interest accrued.
“Clients” who pay their full service term balance completely on or forward from the start date relinquish their right to a refund or chargeback.
“Clients” who pay in full up front do so willingly, therefore they are paying in full because they are motivated to move forward with certainty.

The billing for all payments, whether or not the “client” completes the term of the agreement, is protected by our chargeback clause, and will be followed with legal action if disputed or charged back from Ascension Digital Marketing to the “client’s” payment method.

Payment Methods Accepted: All payments to Ascension Digital Marketing are to be collected via Stripe, or bank wire.

Warranties

Ascension Digital Marketing offers select “clients” a success guarantee, based on previous experience creating successful marketing campaigns on the behalf of certain markets, niches, and business models. If you have a guarantee offered by Ascension Digital, it will be listed in the additional terms section of the proposal/agreement outlining terms and conditions specific to your agreement.

If offered the warranty in your proposal/agreement, the following statements outline the terms and conditions that both satisfy and void the warranty.

The terms and conditions that satisfy the warranty are based on performance metrics tracked by both the marketing platforms themselves, google analytics and our own aggregate software that compiles all analytics within the full scope of our services, and the results they’ve generated.

The warranty ensures that Ascension Digital creates success on behalf of you business by satisfying the following:

30 Day Results Guarantee – We guarantee that you will generate results, metrics, and potentially sales, within the first 30 business days of running ads, sending emails, consultation, or any marketing related services rendered by Ascension Digital Marketing on behalf of, or to the “client.” The start date is defined as the time when ads get approved and begin to run.

Results are defined as time spent discussing scope of work, ideation relative to marketing, business development, or strategy, generation of clicks, impressions, reach, purchases, add to carts, checkouts initiated, adding payment information, click through rates, and all other metrics generated by the advertising platforms that we leverage on the “client’s” behalf. These and all other metrics show and are to account for proof of “work”. “Clients” must complete the full terms of the guarantee in order to request a refund. “Term” is defined as the full time period referred to in the warranty specifically. Please see the “Warranties” section above for details specific to our warranty policies, and specific guarantees.

Any guarantee made by Ascension Digital Marketing is void in the event of any of the following:

The “client” remains unresponsive to Ascension Digital, thereby inhibiting Ascension Digital’s ability to perform on behalf of the business.

A “client” is deemed “unresponsive” if one week has lapsed following two requests of information or a requested response from Ascension Digital, without any response back from the “client,” or without prior notice by the “client” that they’d be unavailable for a specified amount of time.
“Client” waives the right to any potentially issued refunds if unresponsive via email, Slack, or certified mail for more than 30 days.

The “client” terminates the agreement prior to the agreed to term being completed.
The “client” does not provide the resources needed within a timely manner to fulfill the service.

“Timely” is defined as within 10 business days of signing the agreement, unless otherwise allowed by Ascension Digital Marketing.
Restrictions are levied by third parties on the “client” that are outside of Ascension Digital Marketing’s control or liability.

This includes but is not limited to any “client” account(s) being banned, unpaid, restricted, suspended, etc. by platforms such as Google, Facebook, Instagram, Tik Tok, YouTube, Pinterest, ISPs, etc.
The guarantee also is able to be extended to match the time lapsed in the event that one of the above situation(s) occur and are resolved within 30 days from the onset of a restriction, ban, hold, etc.

“Client” hang-ups prevent us from moving forward.

Includes but is not limited to, waiting on the “client” to finish or create website(s), funnel(s), and/or provide content for marketing purposes, approval of newly-created ad accounts, etc.

The “client” removes Ascension Digital Marketing from the assets required to complete and perform their duties as outlined within the service agreement/proposal.

This includes but is not limited to advertising accounts, analytic tools, platforms, content, and other assets required by Ascension Digital Marketing to complete their duties on the “client’s” behalf.

The “client” alters or interferes with the service(s) provided.

This includes:

Altering campaigns created by Ascension Digital Marketing

This includes but is not limited to images, daily ad budgets/spends, copywriting, targeting, demographic targets, geographic targets, campaign, ad set, and ad nomenclature, removal of UTM parameters that show Ascension Digital Marketing created the campaign, et cetera.

Turning campaigns created by Ascension Digital Marketing off.
Removing payment methods from ad platforms.

Invoices are not paid on time by the “client.”

If the “client’s” payment method on file declines the charge, we offer a three day window to make the account current in order to retain the guarantee.

A chargeback or disputed payment has been filed on the service charges agreed to by the “client.”

All of the items outlined above are integral to fulfilling our services in a professional, timely, and consistent manner. If they are impeded for reasons beyond Ascension Digital Marketing’s liability and control, we cannot guarantee success, thereby nullifying any warranty made by Ascension Digital Marketing.

Ascension Digital Marketing reserves the right to issue or not issue warranties, promotional offers, or guarantees on their services. Ascension Digital Marketing will only honor warranties if the “client” is offered one prior to commencing services, which must be documented on their specific “client” proposal. If a warranty, promotional offer, or guarantee isn’t offered to the “client” on the signed “client” proposal, they (the “client”) are not entitled to enroll in, use, or leverage warranties, promotional offers, or guarantees retroactively that are not stated on their signed proposal. These warranties may only be available for paying “clients.” At the time a promotional warranty, promise, or guarantee is made, and must be listed on their proposal prior to signing the agreement. Ascension Digital Marketing reserves the right to nullify warranties if they feel like the “client” is wrongfully gamifying, diluting the effectiveness of the service due to inaction or lack thereof of a good faith effort on the part of the “client” to work towards completion of the guarantee. Ascension Digital Marketing reserves the right to alter the terms of the “client’s” contract via the amendments section with notice, modify our terms and conditions of service, or any other Ascension Digital Marketing policies, warranties, or statements made in any marketing efforts by Ascension Digital Marketing.

Limitation of Liability:

Ascension Digital Marketing, LLC is not responsible for and holds no liability for the actions of the “client” and/or contracting party in any way shape or form. Ascension Digital Marketing is to be treated as a third-party contractor, and as a result we cannot and do not hold any liability for any actions the contracting business makes, or decisions made that Ascension Digital Marketing could be implicated in directly or indirectly by working in partnership with the contracting party or “client.” Ascension Digital Marketing holds no fiduciary duty between the “client” and Ascension Digital Marketing, as marketing a business or offer comes with no express or implied guarantee of additional revenues, profits, or losses. Any reasonable expenses incurred by marketing a business are the strict duty of the “client” to facilitate payment. Ascension Digital Marketing, LLC holds no liability for the associated cost(s) of advertising the “client’s” business. This includes but is not limited to advertising spend, third-party apps, or any other cost of doing business.

Ascension Digital Marketing guarantees that they will put forth the most effort possible to find success, but cannot guarantee success outright, as “success” is vague, subjective, and ambiguous from “client” to “client.”

Ascension Digital Marketing guarantees that ad spend be properly managed. “Properly manage” being defined as adapting advertisements to achieve a better outcome based on the cost of the promoted products or services.

Example: A “client” sells a service for $2500. Ascension will spend no more than two times the cost of the service on one ad to market that service. If the campaign does not yield a desired result, such as a lead, click, tracked online event, or any other metric tracked by the platform leveraged on the “client’s” behalf, Ascension Digital Marketing will adapt the advertisement to theoretically perform better based on the metrics generated.

Disputes:

All “clients” of Ascension Digital Marketing, LLC agree to handle all disputes via arbitration by a panel chosen by Ascension Digital Marketing, LLC at a location chosen within 365 days of a dispute being opened.

To open a dispute, the “client” must contact Ascension Digital with a grievance in writing sent via certified mail to:

1602 Broad Street,

Suite 3

Greensburg, PA

15061

Once received, Ascension Digital Marketing is required to choose the arbitration panel or arbitration service within 365 days. “Clients” who open a dispute are required to attend arbitration in person at their own expense.

Ascension Digital Marketing reserves the right to settle disputes prior to the case being arbitrated at their own discretion.

This includes but is not limited to: The contracting party following unethical business practices, such as but not limited to, scraping information from the internet to send solicitation to unsubscribed emails, phone numbers, or any other means correspondence, or parties not opted into marketing communications with the contracting party, unlawful marketing or sales tactics promoted by the contracting party, et cetera. Ascension Digital Marketing is not responsible for or liable for any accounts payable for any expenses incurred or that could be incurred through our direct or indirect efforts. This includes all accounts payable on behalf of the contracting party.

Non-Disclosure

Ascension Digital Marketing self-imposes a basic Non-Disclosure Agreement for all “clients.” Any and all proprietary and confidential information disclosed by “the Client” to Ascension Digital Marketing in writing as “confidential.” None of this information will be sold to third-parties throughout the survival of the agreement.

Non-Disclosure does not apply to any pieces of information that make Ascension Digital Marketing more marketable as a business. These pieces of information include but are not limited to:

The names of clients or their businesses
Changes in “the Client’s” revenue since initiating work with Ascension Digital Marketing
Results generated by Ascension Digital Marketing on behalf of “the Client.”

Reservation of Rights

Ascension Digital Marketing, LLC reserves all rights to adapt and change their terms and conditions of service without prior notice, at any time.