Terms of Service

1. Agreement to Terms

‍By accessing or using the website censusgrowth.co ("Website") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

These Terms apply to all visitors, leads, clients, and anyone who accesses or uses our Website or services.

2. About CensusGrowth
‍
‍CensusGrowth is a digital marketing agency specializing exclusively in senior living marketing, operated by Client Search LLC, a California limited liability company.

‍3. Services

CensusGrowth provides digital marketing services to senior living operators including but not limited to:

Google Search Ads management
Custom landing page design and development
Google Business Profile optimization
Call tracking and analytics
CRM integration and automated lead follow-up
Reputation management and review generation
Digital marketing strategy and consultation

Specific services, deliverables, timelines, and fees for each client engagement are outlined in a separate Service Agreement signed by both parties prior to commencement of work.

4. Website Use

Permitted use: You may use our Website for lawful purposes only. You agree not to:

Use our Website in any way that violates applicable laws or regulations
Transmit unsolicited or unauthorized advertising or promotional material
Attempt to gain unauthorized access to any part of our Website or systems
Use our Website to collect information about other users without consent
Reproduce, duplicate, or copy any content from our Website without permission

Intellectual property: All content on our Website including text, graphics, logos, images, and software is the property of CensusGrowth or Client Search LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

5. Strategy Session Applications

When you submit a strategy session application through our Website you understand and agree that:

Submission of an application does not guarantee a strategy session will be scheduled
We reserve the right to decline any application at our sole discretion
Information submitted in your application will be used to evaluate fit and prepare for your session
UA strategy session is a complimentary consultation and does not constitute a binding agreement for services
No payment is required to participate in a strategy session

6. Client Engagements
‍
All paid client engagements are governed by a separate written Service Agreement. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.

General terms that apply to all client engagements unless otherwise specified in a Service Agreement:

‍Payment:‍

All retainer fees are billed automatically on a recurring monthly basis via Stripe
Payment is processed automatically on the same date each month
Clients will receive an invoice for each transaction
Invoices are provided for record keeping purposes - payment is automatically collected and does not require manual action
Late payments or failed payments may result in immediate suspension of services
We reserve the right to pause or terminate services for accounts with failed payments

Minimum Engagement:

All engagements require a minimum 90-day commitment from the date of launch
After the initial 90-day period engagements continue on a month-to-month basis
Either party may terminate month-to-month engagements with 30 days written notice
No refunds will be issued for retainer fees already collected

‍Setup Fees:‍

A one-time setup fee may apply to new client engagements as outlined in the Service Agreement
All setup fees are non-refundable regardless of circumstances
Setup fees cover the initial build of campaigns, landing pages, tracking infrastructure, and system configuration
Work begins upon receipt of setup fee payment

Ad Spend:

Client is solely responsible for all advertising spend paid directly to Google, Meta, or any other advertising platform
Ad spend is paid directly by the client to the respective platform and is separate from CensusGrowth management fees
CensusGrowth is not responsible for overcharges, billing errors, or unexpected charges from Google, Meta, or any other third party advertising platform
Client agrees to monitor their own advertising accounts and billing thresholds
CensusGrowth will not be held liable for any charges incurred on client advertising accounts regardless of cause
We recommend clients set billing thresholds and payment alerts directly within their advertising platform accounts

Account Ownership:

Client owns their Google Ads account and all data within it
Client owns all call tracking numbers and data collected through their campaigns
Client owns all CRM data and lead information collected through their pipeline
Upon termination we will provide full access credentials to all client-owned accounts within 5 business days

Landing Pages:

Custom landing pages built by CensusGrowth are proprietary assets and remain the intellectual property of CensusGrowth
Landing pages are built using third party software platforms licensed by CensusGrowth
Client does not own the landing pages and landing pages will not be transferred upon termination of the engagement
Upon termination landing pages will be taken offline within 30 days
Client is responsible for ensuring alternative landing page arrangements are in place prior to termination

7. Performance Guarantee
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CensusGrowth makes no guarantees regarding specific marketing outcomes, census growth, occupancy rates, move-ins, tour bookings, or revenue results. Digital marketing performance depends on numerous factors outside our control including but not limited to market conditions, competitor activity, Google algorithm changes, platform policy changes, client intake processes, and ad spend levels.

Our 90-day performance commitment is a good faith commitment to demonstrate measurable improvement in lead volume and cost per inquiry. It applies only under the following conditions:

Client maintains a minimum $5,000 per month Google Ads spend throughout the engagement
Client's intake team responds to leads promptly and professionally
Client provides timely access to necessary accounts and information
Client does not make unauthorized changes to campaigns, landing pages, or tracking
Client's market has sufficient search volume to support the campaign

If measurable improvement in lead volume and cost per inquiry is not demonstrated within 90 days under these conditions, CensusGrowth will continue providing services at no additional management fee charge until improvement is demonstrated.

This commitment does not constitute a guarantee of specific results. Setup fees and ad spend already incurred are non-refundable under all circumstances. CensusGrowth reserves the right to determine what constitutes measurable improvement based on available data and industry benchmarks.

8. Third Party Platform Disclaimer

CensusGrowth manages advertising campaigns on third party platforms including Google Ads, Meta Ads, and others on behalf of clients. We are not affiliated with, endorsed by, or officially partnered with Google, Meta, or any other advertising platform.

Client acknowledges and agrees that:

Third party platforms may change their policies, algorithms, pricing, or features at any time without notice
Such changes may impact campaign performance and are outside our control
CensusGrowth is not responsible for platform outages, billing errors, account suspensions, or policy violations imposed by third party platforms
Client is responsible for ensuring their business, products, and services comply with all applicable platform advertising policies
Account suspensions resulting from client content, landing pages, or business practices are the sole responsibility of the client
CensusGrowth will make reasonable efforts to resolve platform issues but cannot guarantee resolution or restoration of suspended accounts

9. Creative Control and Authorization
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By engaging CensusGrowth, client grants CensusGrowth full and unrestricted creative authority to produce, publish, and optimize all marketing materials created on the client's behalf without requiring prior approval for individual assets.

This blanket creative authorization includes but is not limited to:

Google Search ad copy, headlines, and descriptions
Google Display ad creative, imagery, and copy
Meta and Facebook ad creative, copy, imagery, and video
Landing page copy, design, layout, and imagery
Email marketing copy and creative
Video scripts, animations, and motion graphics
Any other creative assets produced in connection with the engagement

Client acknowledges and agrees that:

Requiring approval for individual creative assets would materially impair CensusGrowth's ability to test, optimize, and iterate campaigns at the speed necessary to achieve results
CensusGrowth will exercise professional judgment and industry expertise in all creative decisions
All creative assets will be produced in good faith and in alignment with the client's brand, services, and target audience as understood from onboarding information provided by the client
Client is responsible for providing accurate and complete information about their facilities, services, pricing, and brand guidelines during onboarding
CensusGrowth will not be held liable for creative decisions made in good faith based on information provided by the client

Client Responsibilities:

Client agrees to provide brand guidelines, logos, photography, and relevant facility information during onboarding
Client agrees to notify CensusGrowth promptly of any material changes to their services, pricing, or brand that may affect marketing materials
Client retains the right to request removal of specific creative assets that contain factual inaccuracies about their facilities or services
Requests for creative changes based on personal preference rather than factual accuracy are subject to our standard revision process as outlined in the Service Agreement

Limitation: This creative authorization does not permit CensusGrowth to make representations about client pricing, availability, or specific facility features without prior written confirmation from the client. CensusGrowth will make reasonable efforts to ensure all factual claims in advertising materials are accurate based on information provided during onboarding.