Terms of Service

We reserve the right, in our sole discretion, to modify, update, add to, or remove any part of these Terms, our service offerings, pricing, and policies at any time. Changes are effective upon posting to our website with an updated “Last Updated” date, unless a later effective date is stated. Your continued use of our website or services after changes take effect constitutes your acceptance of the revised Terms.

For active clients, we will make reasonable efforts to provide notice of material changes affecting recurring monthly services (for example, by email), and any change to monthly fees will apply to the next billing period following notice. A written agreement, proposal, or invoice signed or accepted by both parties for specific services controls over these Terms where the two conflict, and in all other respects these Terms continue to apply.

These Terms are made with Top Auto Leads as defined above. We may assign, transfer, or novate these Terms and any client agreement, in whole or in part, to any affiliate, successor entity, or acquirer (including a limited liability company or corporation formed to operate the business) without your consent, and upon such transfer, the successor will assume our rights and obligations. You may not assign these Terms or any rights under them without our prior written consent.

Top Auto Leads provides website design, lead capture systems, Google Business Profile optimization, and related digital services for automotive and service-based businesses. Specific deliverables, pricing, and timelines are set out in a proposal, invoice, or written agreement before work begins. Services not expressly listed are not included. Requests outside the agreed scope may be quoted and billed separately.

To receive services, you agree to: (a) provide accurate, complete, and timely information, content, approvals, and access; (b) ensure you own or have the right to use all content, images, logos, trademarks, and materials you provide, and that they do not infringe or violate any third party’s rights or any law; (c) maintain the confidentiality of your account credentials; and (d) review and approve work promptly. Delays caused by you may extend timelines and do not entitle you to a refund.

You are solely responsible for the accuracy of your business information, pricing, offers, claims, and advertising content, and for your compliance with laws applicable to your business, including advertising, consumer protection, dealer licensing, privacy, accessibility, and communications laws.

Work begins only after the required payment has been received unless otherwise agreed in writing. Invoices are due by the date stated on the invoice or, if none is stated, upon receipt. By enrolling in a monthly service plan, you authorize us to charge your payment method on a recurring basis until you cancel in accordance with these Terms.

You are responsible for all applicable taxes and for any payment processor fees, returned-payment fees, or chargeback costs we incur. Overdue amounts may accrue a late fee of 1.5% per month (or the maximum permitted by law, if lower), and we may suspend or withhold services, hosting, deliverables, and transfers of assets until the account is paid in full.

Project pricing, monthly service fees, and service offerings may change at any time for future clients and, with notice as described above, for existing monthly plans. You agree not to initiate a chargeback or payment dispute without first contacting us in good faith to resolve the issue.

Our services are designed to improve online visibility, lead capture, and customer engagement. However, Top Auto Leads does not guarantee any specific business result, including revenue, traffic, search or map rankings, impressions, leads, calls, conversions, reviews, or sales.

Results depend on many factors outside our control, including market conditions, competition, your pricing and customer service, seasonality, budget, and the policies and algorithms of third-party platforms. Any projections, estimates, or examples are for illustration only and are not promises.

Our services depend on third-party platforms, including Google, social media networks, hosting and domain providers, payment processors, and software vendors. These platforms may change their rules, algorithms, features, pricing, or availability, or may suspend, restrict, or remove accounts, listings, or content, at any time and without notice.

We are not responsible for the acts, omissions, outages, or policy decisions of any third party, or for any resulting loss. Third-party software, plugins, fonts, themes, and tools used in your project remain subject to their own license terms.

Upon full payment of the website build fee, and subject to these Terms, the client retains ownership of their pre-existing business assets, including:

• Domain name (where registered in the client’s name)
• Client-provided website content, text, and branding materials
• Logos and images provided by the client
• Google Business Profile
• Social media accounts

Upon full payment, we grant the client a non-exclusive, non-transferable license to use the final delivered website design and content for the client’s own business. Ownership of the website build does not include ownership of Top Auto Leads’ proprietary materials described in Section 10 or any third-party materials. Top Auto Leads may provide hosting, maintenance, support, security updates, and management only through a separate monthly service plan.

Monthly service plans may include hosting, maintenance, backups, security updates, technical support, and ongoing website management, as described in the applicable plan. Cancellation, site transfer, suspension, reinstatement, and termination of monthly services are governed by Sections 9A, 9B, and 9C below.

Top Auto Leads retains all right, title, and interest in its proprietary systems, processes, templates, code, workflows, frameworks, documentation, methodologies, and internal tools, including any improvements to them, and nothing in these Terms transfers those rights to you. We reserve the right to showcase completed projects, including screenshots and the client’s business name and logo, in our portfolio, marketing materials, and case studies unless the client requests otherwise in writing before the project begins.

Website build fees and other one-time project fees are non-refundable once work has started. Monthly services may be canceled only in accordance with Section 9A. Amounts already billed are non-refundable and there are no prorated refunds for partial months. Cancellation does not relieve you of amounts owed for work performed or fees already incurred.

To the fullest extent permitted by law, our website and services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation. We do not warrant that the website or services will be free of errors, interruptions, security breaches, or data loss. Nothing on our website or in our communications constitutes legal, tax, financial, or regulatory advice.

To the fullest extent permitted by law, Top Auto Leads, its owners, members, officers, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunities, or business interruption, arising out of or related to our website or services, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or our services will not exceed the amount you actually paid to us for the services giving rise to the claim during the three (3) months preceding the event that gave rise to the liability. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, but they will apply to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Top Auto Leads and its owners, members, officers, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) content, materials, or information you provide; (b) your business operations, advertising, offers, or sales practices; (c) your violation of these Terms or applicable law; or (d) your violation of any third party’s rights.

We take reasonable measures to protect non-public client information and to use it only to provide services. This obligation does not apply to information that is public, was already known to us, is independently developed, is lawfully received from a third party, or must be disclosed by law. No method of transmission over the internet is completely secure, and we cannot guarantee absolute confidentiality of information transmitted electronically.

You may not use our website or services for unlawful, fraudulent, deceptive, or infringing purposes, to distribute harmful, offensive, or illegal content, to interfere with or attempt to gain unauthorized access to our systems, or to misrepresent your business or customers. We may suspend or terminate services immediately, without refund, for violations of these Terms, nonpayment, or conduct we reasonably believe creates legal, security, or reputational risk.

These Terms apply for as long as you use our website or services. We may suspend or terminate your access to services at any time for any breach of these Terms or nonpayment, and may discontinue any service on reasonable notice. Sections that by their nature should survive termination (including payment obligations, ownership and intellectual property, disclaimers, limitation of liability, indemnification, and dispute provisions) will survive.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of internet, hosting, or third-party platforms, cyberattacks, acts of government, natural disasters, labor disruptions, illness, or other emergencies.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship. These Terms do not create rights for any third party.

These Terms are governed by the laws of the State of [YOUR STATE], without regard to its conflict-of-law principles. Before filing any claim, the parties agree to first attempt in good faith to resolve the dispute informally by written notice to the other party and a thirty (30) day negotiation period.

Any dispute not resolved informally will be brought exclusively in the state or federal courts located in [YOUR COUNTY, STATE], and each party consents to that jurisdiction and venue. To the fullest extent permitted by law, each party waives any right to a jury trial and to participate in a class or representative action, and any claim must be brought within one (1) year after it arises or it is permanently barred.

Entire agreement. These Terms, together with any signed proposal, invoice, or service agreement, are the entire agreement between the parties on their subject matter and supersede prior discussions.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of it.

Electronic communications. You consent to receive notices and communications electronically, including by email and through our website, and agree that electronic records and signatures are valid and binding. Headings are for convenience only.