Terms of Service
The terms that govern your use of this website and the marketing services provided by Organic Search Inc.
Contents
- Acceptance of these terms
- Use of this website
- Our services
- Engagement and scope
- Fees, media spend and payment
- Client responsibilities
- Third-party platforms
- No guarantee of results
- Intellectual property
- Confidentiality
- Limitation of liability
- Indemnification
- Term and termination
- Governing law
- Changes and contact
1. Acceptance of these terms
These Terms of Service (“Terms”) are a legal agreement between you and Organic Search Inc. (“Organic Search”, “we”, “us”, “our”), a company with its principal office at 350 Fifth Avenue, Floor 36, New York, NY 10118, United States.
By accessing organicsearch.nyc, submitting an inquiry, or engaging us for services, you accept these Terms. If you do not agree, do not use this website or our services.
2. Use of this website
This website is provided for general information about our agency and our services. You agree not to:
- Use the site for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to any part of the site or its systems
- Scrape, crawl or harvest content or contact details for bulk outreach
- Interfere with the operation, security or availability of the site
- Submit false information or impersonate another person or business
Content on this website is provided “as is” for informational purposes and does not constitute legal, medical, financial or professional advice.
3. Our services
Organic Search provides digital marketing services, which may include search engine optimization, Google Ads and other paid media management, local search and Google Business Profile management, social media management, content and creative production, and website design and development.
The specific services we provide to a client, the deliverables, the timeline and the fees are defined in a separate written proposal, statement of work or service agreement (“Agreement”). Where an Agreement conflicts with these Terms, the Agreement controls for that client.
4. Engagement and scope
Work begins after both parties sign the Agreement and the first invoice is paid. Services are limited to the scope described in that Agreement. Work outside that scope requires a written change order and may carry additional fees and timeline changes.
We maintain a one-client-per-market policy in defined specialties and service areas. We may decline an engagement if it would conflict with an existing client relationship.
5. Fees, media spend and payment
- Management fees are invoiced monthly in advance unless the Agreement says otherwise.
- Invoices are due within the period stated on the invoice. Late amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
- Media spend is separate from our fees. Advertising budgets are paid by the client directly to the platform — Google, Meta, Microsoft or another provider — on the client’s own payment method. We do not mark up media spend.
- Production costs paid to third parties, such as stock media, printing, software licenses and location fees, are billed at cost unless agreed otherwise.
- We may suspend services on written notice if an invoice remains unpaid past its due date.
- Fees paid are non-refundable except where required by law or expressly stated in the Agreement.
6. Client responsibilities
Effective marketing requires the client’s participation. The client agrees to:
- Provide timely access to necessary accounts, assets, brand materials and information
- Review and approve deliverables within the agreed review windows
- Ensure that all materials supplied to us are accurate and that the client holds the rights to them
- Ensure that the client’s business, offers, claims and website comply with all applicable laws and regulations, including advertising, healthcare and professional licensing rules
- Maintain the ability to respond to the leads and inquiries our work generates
Delays caused by the client may shift timelines and, where they cause standing resources to sit idle, may affect fees.
7. Third-party platforms
Our services depend on platforms we do not control, including Google Ads, Google Analytics, Google Business Profile, Google Search Console, Meta, Microsoft Advertising, YouTube and various hosting and software providers.
Use of those platforms is subject to their own terms and policies, and the client is responsible for complying with them. Platforms may change their algorithms, policies, pricing, feature set or account eligibility at any time, and may suspend or disable accounts. Organic Search is not responsible for platform decisions, outages, policy changes, disapprovals or account suspensions outside our control, but we will work with the client in good faith to resolve them.
Where we manage a Google Ads account for a client, that account remains owned by the client and is linked to our Google Ads Manager account with the client’s authorization. Our access to client account data is governed by our Privacy Policy and by the applicable platform terms, including the Google Ads API Terms of Service.
8. No guarantee of results
We do not guarantee specific results. No agency legitimately can. Search rankings, ad performance, traffic, lead volume, conversion rates and revenue depend on factors outside our control, including competition, market conditions, seasonality, platform algorithm changes, the client’s pricing and offer, and the client’s own sales follow-up.
Any projections, forecasts, benchmarks or past client results we share are illustrative only and are not a promise or warranty of future performance. Nothing on this website or in our proposals should be read as a guarantee of a specific ranking, cost per lead, return on ad spend or revenue outcome.
9. Intellectual property
All content on this website — text, design, graphics, code, logos and marks — is owned by Organic Search or its licensors and is protected by intellectual property law. You may not reproduce or reuse it without our written permission.
For client work: upon full payment of all amounts due, the client receives ownership of the final deliverables created specifically for them, such as ad copy, published content, custom graphics and commissioned photo and video. Organic Search retains ownership of its pre-existing materials, internal methods, templates, frameworks, processes and tools, and may reuse them. Third-party assets, such as stock media and licensed fonts, remain subject to their own licenses.
Unless the client asks us in writing not to, we may reference the client’s name and display non-confidential work samples in our portfolio and marketing.
10. Confidentiality
Each party agrees to keep the other’s confidential information — including business plans, pricing, strategies, account data and performance figures — in confidence, to use it only for the purposes of the engagement, and not to disclose it to third parties except to personnel and subcontractors who need it and are bound by equivalent obligations. This obligation survives termination.
11. Limitation of liability
To the maximum extent permitted by law, Organic Search will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost business opportunity or loss of goodwill, arising out of or relating to these Terms or our services, whether based in contract, tort or any other theory, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or our services will not exceed the total management fees actually paid by the client to Organic Search in the three months immediately preceding the event giving rise to the claim. This limit does not apply to liability that cannot be limited under applicable law.
This website and its content are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. Indemnification
The client agrees to indemnify and hold harmless Organic Search, its officers, employees and contractors from any claims, damages, liabilities, losses and reasonable legal fees arising out of: the client’s breach of these Terms or the Agreement; materials, claims or offers supplied or approved by the client; the client’s violation of any law, regulation, professional rule or third-party right; or the client’s violation of any advertising platform’s terms or policies.
13. Term and termination
Engagements run for the term stated in the Agreement. Unless the Agreement says otherwise, either party may terminate for convenience on 30 days’ written notice, and either party may terminate immediately for material breach that is not cured within 15 days of written notice.
On termination: fees for work performed through the termination date remain due; we will transfer or unlink access to client-owned accounts and hand over deliverables paid for in full; and the client is responsible for pausing or reassigning any active advertising campaigns after the handover.
14. Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or our services will be brought exclusively in the state or federal courts located in New York County, New York, and both parties consent to that jurisdiction and venue.
If any provision of these Terms is held unenforceable, the remaining provisions stay in full effect. Our failure to enforce a provision is not a waiver of it.
15. Changes and contact
We may update these Terms from time to time. The effective date at the top of this page will change when we do. Continued use of this website after an update constitutes acceptance of the revised Terms. Changes do not retroactively alter a signed Agreement.
Questions about these Terms:
Organic Search Inc.
350 Fifth Avenue, Floor 36
New York, NY 10118, United States
Email: organicsearchnyc@gmail.com
Phone: +1 (347) 941-1811
Ready to talk specifics?
Every proposal we send spells out scope, fees and deliverables in writing before anything starts.