Terms of service
Terms of Service
Effective Date: May 26, 2026
Welcome to DataBlake. These Terms of Service ("Terms") govern your access to and use of the website, marketing services, and digital advertising management provided by DataBlake ("Company," "we," "us," or "our").
By signing a Service Agreement, paying an invoice, or utilizing our website and services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services.
1. Scope of Services
DataBlake provides digital marketing services, including but not limited to pay-per-click (PPC) campaign management, search engine marketing, social media advertising, and data analytics. The specific scope of work, deliverables, and timelines will be outlined in a separate Service Agreement or Statement of Work (SOW) executed between DataBlake and the Client.
2. Fees, Billing, and Payments
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Service Fees: Client agrees to pay DataBlake the management fees, setup fees, or retainer fees as specified in their invoice or Service Agreement.
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Payment Terms: All invoices are due upon receipt unless otherwise stated in writing. Failure to make timely payments may result in the immediate suspension or termination of marketing services and active ad campaigns.
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No Refunds: All payments made to DataBlake are final, fully earned upon receipt, and completely non-refundable. Read the full Return Policy here.
3. Advertising Budgets and Platform Spend
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Projected Budgets: Invoices or campaign strategies may include monthly spend projections categorized as a "Projected Budget." * Performance-First Spend Management: DataBlake is dedicated to campaign performance and ROI. We do not force or artificiality inflate spending on advertising platforms (such as Google Ads, Meta Ads, etc.) simply to reach a Projected Budget. If campaign performance objectives are met with lower spend, or if market conditions dictate a reduced spend, DataBlake will prioritize saving the Client money.
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Platform Fluctuations: Client acknowledges that third-party advertising platforms utilize dynamic bidding algorithms. Consequently, actual ad spend may vary from the Projected Budget. Client is only responsible for actual ad spend consumed by the platforms. Because unspent funds are not collected or retained by DataBlake, no refunds or credits will be issued for discrepancies between projected and actual spend.
4. Third-Party Accounts and Access
To provide our services, Client must grant DataBlake appropriate administrative access to third-party accounts (e.g., Google Ads, Google Analytics, Meta Business Manager).
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Ad Spend Billing: Client is responsible for maintaining valid, direct payment methods (such as a credit card) within their respective third-party advertising accounts to cover direct ad delivery costs from those platforms.
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Platform Policies: Client agrees to comply with all terms, conditions, and policies set forth by third-party advertising platforms. DataBlake is not liable for any account suspensions, ad disapprovals, or penalties imposed by third-party platforms.
5. Client Responsibilities & Intellectual Property
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Approvals & Accuracy: Client is responsible for reviewing and approving all creative assets, copy, and targeting parameters used in campaigns. Client guarantees that all materials provided to DataBlake do not infringe upon any third-party intellectual property rights.
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Ownership of Assets: Unless otherwise agreed in writing, DataBlake retains ownership of proprietary methodologies, templates, data structures, and strategies developed prior to or during the engagement. Client retains ownership of their pre-existing branding, logos, proprietary data, and content provided to DataBlake.
6. Limitation of Liability and Performance Disclaimer
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No Guarantees: While DataBlake uses industry-best practices to optimize campaigns, digital marketing is subject to shifting market conditions, platform algorithm updates, and competitor behavior. DataBlake makes no warranties or guarantees regarding specific outcomes, traffic, lead volume, or revenue.
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Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall DataBlake be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. DataBlake’s total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by the Client to DataBlake for marketing services during the one (1) month prior to the event giving rise to liability.
7. Termination and Suspension
Either party may terminate the marketing relationship by providing written notice as specified in the Client’s individual Service Agreement. DataBlake reserves the right to suspend or terminate services immediately, without notice, if the Client breaches these Terms, fails to pay invoices, or engages in unlawful or unethical conduct. Upon termination, Client remains responsible for all outstanding fees incurred up to the date of termination.
8. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to our services shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties hereby consent to personal jurisdiction therein.
9. Changes to These Terms
DataBlake reserves the right to modify these Terms of Service at any time. We will notify clients of material changes by posting the updated terms on our website or via email. Continued use of our services following any such updates constitutes acceptance of the revised Terms.
10. Contact Information
If you have any questions or require clarification regarding these Terms of Service, please contact us:
DataBlake 3101 N Central Ave, Phoenix, AZ
Email: admin@data-blake.com
Phone: 480-253-2264