Terms of Service

About Total Promotions

Total Promotions provides marketing management, advertising, media development, creative services, reporting, technology, automation, CRM support, consulting, and related business services.

Specific client engagements may also be governed by proposals, statements of work, service agreements, insertion orders, contracts, or other written agreements. If a written client agreement conflicts with these Terms, the written client agreement will control for that engagement.

Website Use

You may use our public websites for lawful informational and business purposes.

You agree not to:

• use the website for unlawful, fraudulent, abusive, or deceptive activity;
• attempt to gain unauthorized access to accounts, systems, servers, or data;
• interfere with the operation, security, or availability of the website or related systems;
• introduce malicious code, automated attacks, scraping systems, or harmful software;
• misrepresent your identity, authority, or relationship with another person or organization;
• use our content or systems in a way that infringes the rights of Total Promotions or others.

Inquiries and Communications

When you submit a form, send us an email, call us, schedule a meeting, or otherwise contact Total Promotions, you authorize us to respond using the contact information you provide.

Submission of an inquiry does not create a client relationship, agency relationship, fiduciary relationship, or obligation for Total Promotions to accept an engagement.

Client Services

Services provided to clients may include strategy, advertising management, creative production, media planning, reporting, analytics, technology configuration, CRM administration, workflow automation, consulting, and other marketing or operational services.

The exact scope, fees, timing, deliverables, responsibilities, and approval requirements for a client engagement should be defined in the applicable proposal, service agreement, statement of work, or other written arrangement.

Client Responsibilities

Clients are responsible for providing accurate information, appropriate access, timely approvals, lawful materials, and reasonable cooperation necessary for Total Promotions to perform services.

Clients are also responsible for ensuring that claims, offers, products, services, promotions, customer communications, and other business activities comply with applicable laws, industry rules, and contractual obligations unless Total Promotions has expressly agreed in writing to assume a specific compliance responsibility.

Advertising Platforms and Third-Party Systems

Total Promotions may provide services through third-party platforms, including advertising platforms, analytics services, CRM systems, website platforms, communication systems, automation tools, cloud services, and other technology providers.

These platforms are operated by independent third parties and may be subject to their own terms, policies, availability, technical limitations, account rules, approval processes, and service changes.

Total Promotions does not control third-party platforms and is not responsible for outages, suspensions, policy changes, data loss, platform errors, account restrictions, API limitations, or other actions taken by an independent third-party provider.

Google Services and Google Ads

Total Promotions may use Google products and APIs, including Google Ads and the Google Ads API, to provide authorized advertising management, reporting, analysis, automation, account administration, and related services.

Access to Google accounts or data is limited to the permissions and authorization provided by the applicable account holder or client.

Use of Google services may also be subject to Google's own terms, policies, API requirements, advertising policies, and account rules. Total Promotions cannot guarantee that Google will approve, continue, display, or maintain any particular advertisement, campaign, account, integration, feature, or API capability.

Client Portals and CRM Access

Total Promotions may provide authenticated client portals, CRM access, dashboards, reporting environments, or other online account systems, including services made available through TotalPromotions.com or its subdomains.

Account credentials are intended only for authorized users. You are responsible for maintaining the confidentiality of your login information and for activity performed through your account unless the activity results from a failure within systems controlled solely by Total Promotions.

You must notify Total Promotions promptly if you believe account credentials have been compromised or unauthorized access has occurred.

CRM and Customer Communications

Clients using CRM, lead-management, messaging, email, telephone, automation, or similar systems remain responsible for ensuring their communications comply with applicable laws and regulations.

This may include requirements relating to consent, opt-outs, telemarketing, text messaging, email marketing, privacy, call recording, customer data, and other communications practices.

Total Promotions may assist with configuration and operation of these systems but does not provide legal advice and does not guarantee that a client's use of a communication platform complies with every law or regulation applicable to that client.

Fees and Payment

Fees, payment schedules, retainers, media budgets, reimbursable costs, and billing terms are determined by the applicable client agreement, proposal, invoice, statement of work, or other written arrangement.

Unless otherwise agreed in writing, third-party charges such as advertising spend, software subscriptions, platform fees, printing, media, hosting, licensing, production costs, and similar expenses may be separate from Total Promotions' professional fees.

Advertising Spend and Media Costs

Advertising budgets, media spend, platform charges, and other third-party costs may be paid directly by the client or handled as otherwise agreed in writing.

Clients are responsible for authorized media spend and platform charges incurred on their behalf.

Performance and Results

Marketing and advertising results are influenced by many factors outside the control of Total Promotions, including market conditions, competition, pricing, sales processes, staffing, customer demand, platform algorithms, website performance, economic conditions, and client decisions.

Approvals and Changes

Clients may be asked to approve advertisements, creative materials, budgets, campaigns, technology changes, offers, communications, or other work.

Total Promotions may rely on approvals provided by authorized client representatives.

Delays in approvals, access, information, payment, or client decisions may affect schedules and results.

Intellectual Property

Ownership of custom work created for a client will be governed by the applicable client agreement.

Unless otherwise agreed in writing, Total Promotions retains ownership of its pre-existing materials, internal processes, templates, methodologies, know-how, software, automation logic, systems, frameworks, tools, and general business knowledge.

Third-party materials remain subject to the rights and license terms of their respective owners.

Client Materials

Clients represent that they have the necessary rights and permissions to provide Total Promotions with logos, trademarks, photographs, videos, customer information, databases, copy, account access, and other materials supplied for use in the engagement.

Clients authorize Total Promotions to use those materials as reasonably necessary to perform the requested services.

Confidential Information

Total Promotions may receive confidential business information while providing services.

We use reasonable care to protect confidential client information and use it for legitimate purposes related to the engagement, subject to applicable agreements and legal obligations.

Privacy

Our collection and use of personal information is described in our Privacy Policy.

Please review the Total Promotions Privacy Policy for additional information.

Security

Total Promotions uses reasonable administrative, technical, and organizational safeguards designed to protect systems and information.

No technology or internet-based system can be guaranteed to be completely secure or continuously available.

Suspension or Termination of Access

Total Promotions may suspend or terminate access to a website, portal, CRM, dashboard, account, or other system when reasonably necessary for security, maintenance, nonpayment, misuse, contractual termination, legal compliance, or protection of Total Promotions, clients, users, or third parties.

Disclaimers

Our public website and general informational materials are provided on an "as available" basis.

To the fullest extent permitted by law, Total Promotions disclaims warranties that are not expressly stated in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing on our public website constitutes legal, accounting, tax, or financial advice.

Limitation of Liability

To the fullest extent permitted by applicable law, Total Promotions will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the website, third-party platforms, or services, including lost profits, lost revenue, loss of data, loss of business opportunity, or interruption of business.

Any additional limitations of liability applicable to a client engagement will be governed by the applicable written client agreement.

Indemnification

To the extent permitted by law and subject to any applicable written client agreement, you agree to be responsible for claims, losses, or expenses arising from your unlawful use of our systems, materials you provide without appropriate rights, or your violation of these Terms.

Changes to Services

We may modify websites, portals, technology, workflows, features, or service methods over time as platforms, client needs, technology, and business conditions change.

Material changes to an existing paid client engagement will be handled in accordance with the applicable client agreement.

Changes to These Terms

We may update these Terms of Service when appropriate.

The current version will be posted on this page with its effective date. Continued use of our public website after an update constitutes acceptance of the revised website terms.

Changes to separately executed client agreements require the process specified in those agreements.

Governing Law

Unless a separate written agreement provides otherwise, these Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable written client agreement, constitute the relevant agreement between you and Total Promotions concerning the matters they address.

Contact

Questions concerning these Terms may be directed to: