Terms and Conditions | LiftUp Agency - Construction Marketing

1. Agreement to Terms

By engaging the services of LiftUp Agency ("Agency," "we," "us"), submitting an onboarding form, or retaining our marketing management services ($900, $1,500, or $3,000 monthly tiers), the subscribing entity ("Client," "Contractor," "Subcontractor") agrees to be legally bound by these Terms and Conditions.

These Terms govern our B2B commercial marketing deliverables, local SEO optimization, Google Ads management, web portals, and General Contractor estimator outreach services across the United States.

2. Market & Territory Exclusivity Rules

For Client accounts enrolled in active Accelerate ($1,500/mo) and Dominate ($3,000/mo) plans, Agency enforces a strict one-contractor-per-trade exclusivity rule within the Client's contracted metropolitan market in the United States.

Exclusivity remains in effect continuously as long as the Client's monthly subscription fee remains current and in good standing.
Should a subscription lapse or be voluntarily canceled, the territorial reservation immediately becomes available to eligible waitlisted trade competitors.

3. Monthly Retainers & 0% Ad Spend Markup

All service packages are provided on a flat, transparent, month-to-month subscription basis:

Management Fees: Client pays the agreed monthly management retainer ($900, $1,500, or $3,000 USD) at the commencement of each 30-day billing period via automated electronic payment.
Direct Ad Spend Transparency: Agency applies 0% markup on digital advertising budgets. All Google Ads and media spend are billed directly by Google to the Client's designated payment card on file.
No Setup Surcharges: Setup processes, keyword negative match installations, and capability web builds are included as defined in each package tier without separate hidden fees.

4. Agreement Duration & Cancellation Policy

We do not mandate rigid long-term lock-in contracts. All service agreements are month-to-month.

Client may terminate services at any time by providing written notice at least ten (10) business days prior to the subsequent monthly billing cycle renewal date.

Upon effective cancellation, active campaign management, geotagged map posts, and outbound estimator campaigns will cease at the conclusion of the paid monthly billing cycle.

5. Subcontractor Licensure & Truth in Advertising

Client represents and warrants that:

It holds all appropriate, current trade licenses, registrations, and municipal permits required by applicable state and local authorities to perform contracted trade scopes.
All provided project imagery, safety stats (EMR), bonding capacity statements, and past client references submitted for public web displays are factual and accurate.
Client maintains commercial general liability insurance and workers' compensation coverage as required by applicable state and local laws.

6. Ownership of Marketing Assets & Accounts

We believe that contractors should own their digital foundation:

Client Ownership: Client retains full ownership of their primary domain name, Google Business Profile (GBP), logos, registered trademarks, and customer databases.
Agency IP: Proprietary outreach funnels, automated B2B estimator distribution algorithms, negative keyword master matrices, and internal agency workflow scripts remain the intellectual property of LiftUp Agency.

7. Tender Award Realities & Performance Disclaimer

Agency guarantees professional marketing execution, high-intent local search visibility, and proactive positioning in front of commercial General Contractors.

However, the ultimate awarding of construction contracts and RFP decisions is contingent upon factors beyond our direct control, including Client's unit pricing, bid estimating accuracy, bonding capacity, contractor reputation, and General Contractor project scheduling. Agency does not guarantee the award of any specific construction contract.

8. Governing Law & Jurisdiction

These Terms and any operational disputes arising out of or related to our commercial marketing services shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.