Terms of Service

1. Acceptance of Terms

By engaging Growth By Ayaan ("Agency", "we", "us"), operated under the management of founder Ayaan Mustafa Ghazi, or by signing a Statement of Work (SOW), paying an invoice, or utilizing the site https://ayaanit.com, the Client ("Client", "you") agrees to be bound by these Terms of Service.

If a customized Master Services Agreement (MSA) or Statement of Work (SOW) is executed directly between the parties, the terms in that specific agreement shall govern where any direct conflicts arise.

2. Scope of Agency Services

The Agency provides specialized performance marketing, organic search optimization, and web engineering services, including but not limited to:

• Search Engine Optimization (SEO): Technical site audits, keyword and topical authority architecture, on-page optimization, backlink acquisition strategy, and Google Search Console performance monitoring.
• Paid Advertising Management: Strategy, creative production, ad copywriting, audience targeting, bid management, and server-side tracking (CAPI) across Meta (Facebook/Instagram) and Google Ads (Search, Performance Max, YouTube, Display).
• Custom Web Engineering: Architecture, design, development, speed optimization, and maintenance of high-conversion WordPress websites and landing pages.
• Analytics & CRO Consulting: Google Analytics 4 tracking implementation, conversion rate optimization sprints, and custom reporting dashboards.

Specific deliverables, timelines, and reporting frequencies will be outlined in each project's Statement of Work (SOW) or invoice memo.

3. Client Responsibilities & Ad Spend Billing

To ensure successful project execution, the Client agrees to:

• Provide Timely Access & Assets: Grant necessary access to hosting servers, domain registrars, advertising managers, and brand media assets within agreed kickoff timelines.
• Direct Ad Spend Billing: Third-party ad costs (charged by Meta Ads, Google Ads, TikTok Ads, etc.) are strictly the responsibility of the Client and billed directly to the Client's credit card or invoicing line within their respective ad accounts. The Agency management fee does not include direct media spend.
• Compliance of Products & Services: Ensure all promoted products, offers, and claims adhere to the advertising policies of Google, Meta, and relevant consumer protection laws.

4. Payment Terms, Milestones & Retainers

Late payments exceeding 7 business days past due date may result in temporary suspension of active ad campaigns or paused web development until accounts are brought current.

5. Intellectual Property (IP) Ownership

We adhere to a transparent and client-first intellectual property policy:

• Client Deliverables Ownership: Upon full and final settlement of all applicable invoices, the Client owns 100% of all custom deliverables created specifically for the project, including bespoke website code, landing page designs, ad copy, graphic banners, and content briefs.
• Account Ownership: The Client maintains 100% permanent ownership of their Meta Business Manager, Google Ads accounts, Google Search Console, Google Analytics properties, and domain assets. The Agency acts as an authorized partner or manager.
• Agency Pre-existing Materials: The Agency retains ownership of proprietary backend scripts, standard starter themes, internal frameworks, and general methodologies developed independently of the Client's specific project. The Client is granted a perpetual, non-exclusive license to use these embedded tools within their site.

6. Marketing Warranties & Performance Disclaimers

Digital marketing operates within competitive, dynamic algorithmic environments governed by third-party conglomerates (Google, Meta, Apple iOS privacy updates):

• The Agency applies industry-leading technical practices, rigorous split-testing, and proven growth methodologies. However, exact search rankings, specific cost-per-click values, conversion rates, and gross revenue outcomes cannot be guaranteed as they are subject to market forces, competitor bidding, algorithm volatility, and client supply chains.
• We do not engage in black-hat SEO, bot traffic purchasing, or manipulative spam practices that jeopardize our clients' domain reputation or ad accounts.

7. Limitation of Liability & Indemnity

To the maximum extent permitted by applicable law, neither Growth By Ayaan nor its founder, contractors, or agents shall be liable for any indirect, incidental, punitive, or consequential damages, including loss of business profits, data corruption, or operational interruptions resulting from third-party platform downtime (e.g. Meta ad account rejections, Google algorithm adjustments, hosting outages).

The total cumulative liability of the Agency for any claim arising out of an engagement shall in no event exceed the total management fees actually paid by the Client to the Agency during the preceding three (3) months of service.

8. Term, Cancellations & Termination

Our retainer agreements operate on rolling 30-day cycles with no multi-year lock-in penalties:

• Either party may terminate an ongoing monthly retainer by providing a fourteen (14) day written notice via email prior to the next billing renewal.
• For fixed-scope web engineering projects, either party may terminate the project for material breach if uncured within ten (10) business days of written notice. Upon termination, the Client is responsible for payment proportional to deliverables completed up to the date of cancellation.
• Upon termination, the Agency immediately surrenders all administrative accesses and provides transition files cleanly.

9. Revisions & Scope Modifications

Project quotes cover the deliverables explicitly enumerated in the relevant Statement of Work. Additional revisions beyond the agreed feedback rounds, structural pivots, or feature additions requested by the Client will be scoped and estimated under a supplementary work order at standard agency rates.

10. Governing Law & Dispute Resolution

These Terms shall be interpreted and governed in accordance with international commercial contracting standards. The parties agree to resolve any misunderstandings or disputes in good faith through direct executive negotiation between the Client and Ayaan Mustafa Ghazi prior to seeking formal arbitration or legal remedies.