Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern access to and use of prominentclicks.com and the services offered through ProminentClicks™, a Signature Solution by Digitalutions LLC, a North Carolina limited liability company (“Digitalutions,” “ProminentClicks,” “we,” “us,” or “our”).

By visiting the website, submitting a form or application, purchasing or using a service, accessing a portal, or otherwise engaging with ProminentClicks, you agree to these Terms. If you are acting on behalf of a company or other organization, you represent that you have authority to bind that organization.

2. Services

ProminentClicks may offer Search Clicks, Local Service Ads management, Conversion Systems, strategy, implementation, reporting, consulting, enterprise deployment, channel programs, and related services (collectively, the “Services”). Service availability, scope, features, pricing, and eligibility may vary by client, market, platform, category, and written agreement.

We may add, modify, suspend, replace, or discontinue any Service or feature at any time, subject to any binding written agreement then in effect.

3. Search Clicks

Search Clicks is a performance-based search acquisition service designed to generate verified website traffic through search suggestion and related search-demand technology. Campaign structure, available markets, search terms, click volume, launch timing, and reporting methods may vary.

Search Clicks does not guarantee rankings, impressions, click volume, leads, conversions, revenue, or any specific business outcome. Search engines and third-party technology providers may alter, restrict, suspend, or discontinue features without notice. Search Clicks is intended to complement, not replace, other marketing channels.

Any market protection or exclusivity applies only as described in a separate written agreement. It is contractual and operational in nature and is not granted, enforced, or guaranteed by Google, Microsoft, Bing, or any other search platform.

4. Local Service Ads

Local Service Ads management may include account setup support, optimization, budgeting guidance, lead review, dispute support, reporting, and related services. Eligibility, verification, ad placement, lead volume, ranking, suspension, billing, and account status are controlled by the applicable advertising platform.

Client is responsible for maintaining required licenses, insurance, background checks, certifications, business information, service-area eligibility, and platform compliance. Advertising spend paid to Google or another platform is separate from fees paid to ProminentClicks unless a written agreement states otherwise.

5. Conversion Systems

Conversion Systems may include AI-assisted reception, voice or chat interactions, missed-call text-back, lead routing, qualification, scheduling, follow-up, CRM workflows, communications, reporting, and related automation.

Automated and AI-assisted systems can be incomplete, delayed, or inaccurate. Client is responsible for reviewing configurations, scripts, disclosures, escalation procedures, appointment rules, compliance requirements, and outputs associated with its business. Human review or intervention may be required.

6. Proposals, Orders, and Service Agreements

Specific Services may be governed by a proposal, order form, statement of work, subscription agreement, service agreement, or other written document (each, a “Service Agreement”). A Service Agreement may include pricing, term, scope, usage allowances, implementation requirements, cancellation provisions, and other client-specific terms.

If a Service Agreement conflicts with these Terms, the Service Agreement controls with respect to that conflict.

7. Eligibility and Client Approval

ProminentClicks may review and approve prospective clients based on business type, market, service category, budget, platform eligibility, compliance, capacity, reputation, and other factors. We may decline or discontinue an engagement where we reasonably determine that the Services are not appropriate, available, compliant, or commercially feasible.

8. Fees, Billing, and Taxes

Fees may include prepaid click packages, recurring management or subscription fees, implementation fees, usage-based charges, platform charges, advertising spend, or other amounts stated in a Service Agreement.

Unless otherwise stated in writing, payments are due in advance, automatically charged to the payment method on file, or payable upon invoice. Client authorizes Digitalutions and its payment processors to charge all amounts due and is responsible for keeping billing information current.

Client is responsible for applicable sales, use, excise, or similar taxes, excluding taxes based on Digitalutions’ net income.

9. Refunds, Credits, and Overages

Except where required by law or expressly stated in a Service Agreement, fees are non-refundable.

For Search Clicks, if a prepaid package is reconciled against actual verified delivery, billing treatment, credits, carryforwards, and overages will follow the applicable Service Agreement. Any promotional or complimentary overage delivery does not create an obligation to provide future overages at no charge.

Advertising spend paid directly to a third-party platform is governed by that platform’s policies and is not refundable by ProminentClicks.

10. Term, Renewal, and Cancellation

The term, renewal cycle, and cancellation requirements for each Service are stated in the applicable Service Agreement. Where no different written term applies, recurring Services continue month to month until canceled.

Unless otherwise stated in writing, cancellation requires at least 30 days’ written notice to [email protected]. Client remains responsible for charges incurred through the effective cancellation date, including committed platform costs, usage, advertising spend, and work already performed.

11. Client Responsibilities

Client agrees to:

• provide complete, accurate, and current business, billing, service, compliance, and account information;
• maintain all licenses, permits, insurance, registrations, disclosures, and approvals required for its business;
• provide timely access to websites, analytics, advertising accounts, CRM systems, calendars, phone systems, and other assets reasonably required to perform the Services;
• review and approve campaign details, scripts, workflows, routing rules, offers, disclaimers, and customer-facing content;
• monitor leads, appointments, messages, calls, account activity, and operational outcomes;
• use the Services lawfully and in accordance with platform policies and industry rules; and
• notify us promptly of errors, unauthorized access, account changes, complaints, or compliance concerns.

12. Access to Accounts and Systems

Client authorizes Digitalutions and approved service providers to access, configure, manage, and connect client-controlled accounts and systems as reasonably necessary to deliver the Services. Client retains ownership of its underlying accounts and data, subject to third-party platform terms.

Client is responsible for safeguarding credentials and for activity by its users. We may require administrative access, API access, tracking installation, or account permissions to deliver or verify Services.

13. Third-Party Platforms and Service Providers

We may use employees, contractors, vendors, software providers, fulfillment partners, communications providers, payment processors, analytics providers, advertising platforms, and other third parties to deliver the Services.

Third-party platforms are governed by their own terms, policies, availability, and technical limitations. We are not responsible for platform outages, suspensions, policy changes, data loss, billing decisions, ranking changes, verification delays, or other acts or omissions outside our reasonable control.

14. Communications, Calls, and Messaging

By providing contact information, you consent to receive service-related communications by email, telephone, SMS, chat, or other channels. Where separately authorized, you may also receive marketing communications. Message and data rates may apply.

Automated, AI-assisted, prerecorded, or monitored communications may be used where permitted. Calls or voice interactions may be recorded or transcribed where legally permitted and with any required notice or consent. Client is responsible for ensuring that its own use of calling, texting, recording, and automated communications complies with applicable law.

15. Acceptable Use

You may not use the Services to engage in unlawful, deceptive, abusive, discriminatory, infringing, fraudulent, or harmful activity. You may not interfere with system operation, circumvent access controls, misuse data, impersonate others, send prohibited communications, or use the Services in violation of platform rules or applicable law.

We may suspend or terminate access where we reasonably believe there is a security, legal, reputational, operational, payment, or compliance risk.

16. Intellectual Property

Digitalutions retains all rights in ProminentClicks branding, websites, content, software configurations, templates, workflows, systems, methods, processes, documentation, and other intellectual property developed or provided by us, excluding client-owned materials and third-party property.

Subject to payment and compliance with these Terms, Client receives a limited, non-exclusive, non-transferable right to use deliverables provided for its internal business purposes during the applicable service term.

17. Client Materials and Permissions

Client retains ownership of materials it provides, including logos, trademarks, content, recordings, customer data, and account information. Client grants Digitalutions and its service providers a limited license to use those materials as necessary to perform the Services.

Client represents that it has all rights, permissions, and lawful bases required for materials, data, lists, recordings, offers, and instructions it provides.

18. Confidentiality

Each party agrees to protect non-public business, technical, financial, customer, and operational information received from the other party and to use it only for the purposes of the engagement. Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from another source, or required to be disclosed by law.

19. Data and Privacy

Our collection and use of personal information is described in the Privacy Policy. Client is responsible for providing legally required notices, consents, and instructions relating to customer, lead, employee, and end-user data processed through the Services.

Where appropriate, additional data-processing terms may be included in a Service Agreement.

20. No Guarantee of Results

Marketing, advertising, search, lead generation, and conversion performance depend on many factors outside our control, including demand, competition, budget, platform behavior, market conditions, client operations, response time, pricing, reputation, offer quality, and sales execution.

We do not guarantee rankings, placement, impressions, clicks, leads, appointments, conversions, revenue, cost savings, return on investment, market exclusivity beyond written commitments, or any other specific result.

21. Disclosures

Additional service-specific limitations and operational disclosures are available on the Disclosures page and are incorporated into these Terms by reference.

22. Disclaimer of Warranties

To the maximum extent permitted by law, the website and Services are provided “as is” and “as available.” We disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.

23. Limitation of Liability

To the maximum extent permitted by law, Digitalutions, ProminentClicks, and their owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost opportunities, reputational harm, or business interruption.

Our total aggregate liability arising out of or relating to the Services will not exceed the amount paid by Client to Digitalutions for the affected Service during the three months immediately preceding the event giving rise to the claim.

24. Indemnification

Client agrees to defend, indemnify, and hold harmless Digitalutions, ProminentClicks, and their owners, officers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, costs, and expenses arising from Client’s business, materials, instructions, data, communications, legal violations, platform violations, misuse of the Services, or breach of these Terms.

25. Suspension and Termination

We may suspend or terminate Services for nonpayment, misuse, legal or compliance risk, platform suspension, security concerns, failure to provide required access or information, reputational harm, or material breach. Suspension or termination does not eliminate amounts already due.

26. Dispute Resolution and Arbitration

Before filing a claim, the parties agree to attempt in good faith to resolve the dispute informally.

Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration in Wake County, North Carolina, administered under the applicable rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

To the extent permitted by law, each party waives the right to a jury trial and agrees to bring claims only in its individual capacity, not as a plaintiff or class member in a class, collective, or representative action.

27. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any court proceeding not subject to arbitration must be brought in a state or federal court located in Wake County, North Carolina.

28. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, internet or utility failures, cyber incidents, labor disputes, government action, platform outages, vendor failures, changes in law, public emergencies, or acts of war or terrorism.

29. Changes to These Terms

We may update these Terms from time to time. Revised Terms will be posted with a new effective date. Continued use of the website or Services after the effective date constitutes acceptance of the revised Terms, except where a Service Agreement requires a different process.

30. General Provisions

If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. Client may not assign an agreement without our written consent. We may assign an agreement in connection with a reorganization, financing, merger, acquisition, or sale of assets.

These Terms, together with the Privacy Policy, Disclosures page, and any applicable Service Agreement, constitute the entire agreement regarding the Services and supersede prior discussions or communications on the same subject.

31. Contact

ProminentClicks™ is a Signature Solution by Digitalutions LLC. Questions about these Terms may be sent to [email protected].