Terms of Service
Last updated: May 2026
These Terms of Service ("Terms") govern your use of the Ember Reach website and any services provided by Ember Reach("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our site or services.
1. Use of This Website
You may use this website for lawful purposes only. You agree not to:
- Use the site in any way that violates applicable local, state, national, or international law.
- Attempt to gain unauthorized access to any part of the website or its underlying systems.
- Transmit any unsolicited or unauthorized advertising or promotional material.
- Scrape, copy, or redistribute our content without express written permission.
- Interfere with or disrupt the integrity or performance of the website.
We reserve the right to terminate access to this website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
2. Services
Ember Reach provides digital marketing services including, but not limited to, website design and development, local SEO, Google Business Profile management, AI automation setup, content strategy, and marketing consulting — exclusively for businesses in the tobacco, smoke, vape, and CBD retail industries.
No guarantee of specific results. While we apply proven strategies and bring significant expertise to every engagement, digital marketing involves variables outside our control — including search engine algorithm changes, market competition, and client-side factors. We do not guarantee specific rankings, traffic levels, revenue outcomes, or other performance metrics.
We will communicate honestly about what is and isn't working, and we will always act in your best interest. Our goal is measurable progress — not vague promises.
3. Payment Terms
All fees for services provided by Ember Reach are due upon receipt of invoice unless otherwise agreed in writing.
- Net 15: Invoices are due within 15 calendar days of the invoice date unless a different payment schedule is specified in your service agreement.
- Late payments: Accounts more than 15 days past due may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to pause or suspend services until payment is received.
- Recurring monthly services: Monthly retainers are billed at the start of each service month. Failure to pay within the net-15 window may result in service suspension.
- One-time project fees: A deposit of 50% is required before work begins, with the remaining balance due upon project completion or delivery, as outlined in your specific project agreement.
All fees are in US Dollars (USD). We accept payment via ACH bank transfer, credit/debit card, or such other methods as agreed upon in writing.
4. Service Term and Cancellation
All ongoing service engagements with Ember Reach are month-to-month. There are no long-term contracts or lock-in periods.
Either party may cancel ongoing services with 30 days' written notice delivered via email to the other party. During the notice period, services will continue and remain billable at the standard rate.
If you cancel mid-month after services have commenced, you are responsible for the full month's retainer for that billing cycle. No pro-rated refunds are issued for partially used service months.
Upon cancellation, we will provide reasonable transition assistance including transfer of any assets we hold on your behalf (website files, Google account access, etc.) within 14 days of the cancellation effective date.
5. Intellectual Property
Upon receipt of full payment, all custom deliverables created specifically for your business (website design, written content, graphics) become your property. Ember Reach retains the right to showcase completed work in our portfolio unless you request otherwise in writing.
Ember Reach retains ownership of all proprietary tools, frameworks, processes, and templates used in delivering services. These are not transferred as part of any engagement.
All content on this website — including text, graphics, logos, and design — is the intellectual property of Ember Reach and may not be copied, reproduced, or distributed without written permission.
6. Client Responsibilities
To allow Ember Reach to provide effective services, you agree to:
- Provide timely access to accounts, assets, and information we reasonably request.
- Respond to communications within a reasonable timeframe (we suggest within 3 business days).
- Ensure that all information you provide to us is accurate and up to date.
- Comply with all applicable laws and platform policies related to your business and industry.
Delays caused by failure to meet these responsibilities are not the liability of Ember Reach and may affect timelines and outcomes.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Ember Reach shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity — arising out of or in connection with our services or these Terms, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from our services shall not exceed the total amount you paid to Ember Reach in the 90 days immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
8. Confidentiality
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of the engagement. This includes business data, strategies, pricing, and client lists.
This obligation of confidentiality survives termination of the service relationship and shall remain in effect for a period of two (2) years following the conclusion of services.
9. Disclaimer of Warranties
This website and our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
10. Third-Party Links and Tools
Our website or services may reference or link to third-party websites, platforms, or tools (e.g., Google, Meta, review platforms). We are not responsible for the content, privacy practices, or terms of any third-party services. Use of third-party tools is at your own risk.
11. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, disputes shall be submitted to binding arbitration in South Carolina in accordance with the rules of the American Arbitration Association.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. The "Last updated" date at the top of this page will reflect the most recent revision. For active clients, material changes will be communicated via email with reasonable advance notice.
Continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms of Service should be directed to:
Ember Reach
Email: info@emberreach.agency