Terms of Service

The Site and Services are intended for businesses and individuals 18 years or older with the authority to bind a business to these Terms. By using the Site or engaging us, you represent that you meet these requirements.

Surge provides marketing services to home service operators including, but not limited to:

• Paid advertising on Google, Meta, Microsoft, and similar platforms.
• Custom website design, development, and conversion optimization.
• Local SEO, Google Business Profile, and Local Service Ads management.
• AI follow-up, voice agents, and lead-conversion automation.
• Funnel and landing-page design, branding, and content production.

The specific scope, deliverables, fees, and timelines for each engagement are set out in a separate Statement of Work, order form, or proposal ("Engagement Document"). If anything in an Engagement Document conflicts with these Terms, the Engagement Document controls for that engagement.

Unless an Engagement Document expressly states otherwise, our retainer Services are month-to-month with no minimum term. Either party may terminate a retainer with thirty (30) days' written notice. Standalone projects (for example, a custom website build or SEO audit) end on completion of the agreed deliverables.

• Fees are set out in the applicable Engagement Document.
• Retainer fees are billed in advance on a monthly cycle.
• Project fees are billed per the milestone schedule in the Engagement Document.
• Media spend (ad budgets paid to Google, Meta, etc.) is billed directly to your payment method on the relevant ad platform unless otherwise agreed.
• Invoices are due on receipt unless stated otherwise. Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
• All fees are exclusive of taxes, which you are responsible for unless we are legally required to collect them.

You agree to:

• Provide accurate, complete, and timely information, materials, access, and approvals needed to deliver the Services.
• Maintain ownership of and pay for all third-party platform accounts, ad spend, and software licenses unless we have explicitly agreed otherwise.
• Comply with the terms of all third-party platforms (Google Ads policies, Meta policies, etc.) and all applicable laws — including TCPA, CAN-SPAM, CCPA, GDPR, and industry-specific regulations.
• Ensure that any homeowner or consumer data you direct us to process has been collected with the disclosures and consents required by law.

Your assets

You retain all rights to your trademarks, brand assets, content, customer data, and account credentials. You grant us a limited license to use these solely to deliver the Services.

Deliverables

On full payment of the fees due for an engagement, we assign to you all right, title, and interest in the final deliverables built specifically for you under that engagement — websites, ad creative, copy, landing pages, automations, and similar work product. You own these assets outright.

Surge tools and frameworks

We retain ownership of our pre-existing tools, processes, frameworks, code libraries, and know-how, including any improvements we make to them. To the extent these are embedded in your deliverables, we grant you a perpetual, royalty-free, worldwide license to use them as part of those deliverables.

Portfolio rights

Unless you object in writing, we may reference our work for you and display anonymized metrics, screenshots, and logos in our portfolio and marketing materials.

Each party will protect the other's confidential information using at least reasonable care and will not disclose it except to employees, contractors, and advisors with a need to know who are bound by similar confidentiality obligations. Confidentiality obligations survive for three (3) years after the engagement ends, except that trade secrets remain protected for as long as they qualify as such under applicable law.

We bring our best craft, judgment, and effort to every engagement, but advertising and SEO outcomes depend on factors outside our control — competitive markets, platform algorithms, your offer, your operations, seasonality, and macro conditions. We do not guarantee specific lead volumes, rankings, conversion rates, revenue, or return on ad spend. Any forecasts or projections are good-faith estimates, not promises.

The Site and Services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Services. Our aggregate liability for all claims arising out of or related to the Services in any twelve-month period will not exceed the fees you paid us for the Services giving rise to the claim during that period.

You will defend, indemnify, and hold harmless Surge and its personnel from third-party claims arising out of (a) your use of the Services in violation of these Terms or applicable law, (b) materials, data, or instructions you provide, including consumer data processed without proper consent, or (c) any product or service you sell to your customers. We will defend, indemnify, and hold you harmless from third-party claims that the Services as delivered by us infringe a third party's intellectual property rights, other than claims based on materials you provided or modifications made by you.

Either party may terminate a retainer engagement on thirty (30) days' written notice or immediately for the other party's uncured material breach. On termination, you will pay for all Services performed through the effective termination date and we will deliver any completed work product covered by paid fees.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. The parties will first attempt to resolve any dispute through good-faith negotiation. Any unresolved dispute will be brought exclusively in the state or federal courts located in San Diego County, California, and the parties consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, notify you through the Site or by email. Your continued use of the Site or Services after the change becomes effective constitutes acceptance of the revised Terms.

• Entire agreement. These Terms together with any Engagement Document constitute the entire agreement between us regarding the Services and supersede prior or contemporaneous communications.
• Severability. If any provision is held unenforceable, the remainder will remain in full force.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Independent contractors. The relationship between us is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Questions about these Terms:

• The Surge Agency
• San Diego, California
• legal@thesurgeagency.com