Effective Date: May 19, 2019
These Terms and Conditions (“Terms”) govern all services provided by Relevant Dealer, LLC (“Relevant Dealer”, “we”, “our”, or “us”) to the client (“Client”).
By executing a service agreement, order form, or by using our services, Client agrees to be bound by these Terms and the Privacy Policy located at:
https://relevantdealer.com/privacy-policy/
1. Overview and Order of Precedence
These Terms apply to all services, software, and deliverables provided by Relevant Dealer.
In the event of conflict:
Signed Order Form or Agreement
These Terms
Any proposal or scope document
2. Services
Relevant Dealer provides marketing, consulting, data, and software-related services. Services may include, but are not limited to:
Paid search and paid social
SEO and content development
Email marketing
Social media management
Direct mail and print
Reporting and analytics
Software tools and integrations
Services may be modified, expanded, or reduced by mutual agreement without voiding the overall relationship.
3. Fees, Payment, and No Refunds
Client agrees to pay all fees as outlined in the Order Form.
Fees are due prior to the start of each service period
Services renew on a recurring basis unless cancelled
All payments are non-refundable under any circumstances
Relevant Dealer may charge any payment method on file for outstanding balances
Third-party costs including advertising spend, printing, postage, data, and software subscriptions are not included unless explicitly stated.
4. Term, Renewal, and Cancellation
Services begin upon receipt of payment and continue for the agreed term, typically recurring 30-day periods.
Either party may terminate with written notice.
Termination does not relieve Client of payment obligations for the active term.
5. Nonpayment
Failure to make payment may result in:
Immediate suspension of services
Loss of access to platforms or tools
Delay or termination of active work
Services may resume only upon receipt of payment.
6. Client Responsibilities
Client agrees to:
Provide timely approvals, content, and required inputs
Provide access to platforms, CRM, inventory, and reporting systems
Ensure accuracy of pricing, offers, and messaging
Participate in necessary communication and planning
Client acknowledges that failure to meet these responsibilities may impact performance.
7. Client Delays and Failure to Perform
If Client fails to provide required approvals, information, or access:
Relevant Dealer is not in breach
Services may be delayed, paused, or reallocated
Fees will continue during delays
No refunds, credits, or extensions will be provided due to Client delays.
Relevant Dealer is not responsible for missed performance or outcomes resulting from such delays.
8. Creative, Offers, and Messaging Approval
Client is solely responsible for reviewing and approving all Marketing Materials, including:
Pricing, payments, and offer structure
Disclaimers and legal language
Dates, terms, and conditions
Accuracy of all messaging
Relevant Dealer relies on Client-provided information and does not independently verify all offer details.
Once approved or deployed, Client assumes full responsibility for all content.
Relevant Dealer is not liable for errors, omissions, or compliance issues.
Relevant Dealer does not provide legal or regulatory advice.
9. Service-Specific Terms
Paid Media (Search and Social)
Relevant Dealer manages campaigns but does not control platform performance, policies, or outcomes. No guarantees are provided.
SEO
Search rankings and traffic are influenced by external factors and are not guaranteed.
Email Marketing
Client is responsible for consent and compliance. Delivery and engagement are not guaranteed.
Social Media
Content is created based on agreed scope. Client retains approval responsibility.
Direct Mail and Print
Client approves all materials. Relevant Dealer is not responsible for third-party production or delivery timing.
Identity Resolution and Data
Data may be derived from third-party or public sources. Accuracy is not guaranteed.
Recruiting
Relevant Dealer supports marketing efforts only. Hiring outcomes are not guaranteed.
10. Software and Platform Services
Relevant Dealer may provide access to software, tools, or integrations.
Client is granted limited access during the term
No ownership or transfer rights are granted
Access may be revoked upon termination or nonpayment
Relevant Dealer uses commercially reasonable safeguards but does not guarantee security.
Relevant Dealer is not responsible for breaches resulting from Client actions, third-party systems, or factors outside its control.
11. Platform Accounts (Google, Meta, and Related Services)
Relevant Dealer may access or create accounts including:
Google Ads, GA4, Tag Manager, Search Console, Merchant Center
Looker Studio
Meta platforms
Client is encouraged to provide access to existing accounts.
If accounts are created:
Client may request ownership or access
Transfer will be completed where feasible and all balances are paid
Relevant Dealer is not responsible for platform suspensions, policy changes, or data discrepancies.
Upon termination:
Relevant Dealer may remove its access
Accounts owned by Relevant Dealer may be revoked
12. Ownership of Deliverables and Materials
Client owns final approved deliverables upon full payment.
Relevant Dealer retains ownership of:
Frameworks, templates, and methodologies
Working files and drafts
Strategy and planning documents
Tools, systems, and processes
Relevant Dealer is not obligated to provide internal or working materials.
13. Data, Analytics, and Reporting
Relevant Dealer may collect and analyze performance data.
Relevant Dealer may use aggregated or de-identified data for:
Reporting and benchmarking
Service improvement
Internal analysis
Relevant Dealer may retain insights for future recommendations.
14. Benchmarking and 20 Group Reporting
Participation is voluntary.
Client agrees:
Data may be included in comparative reporting
Reports may include identifiable elements such as URLs or screenshots
Client is responsible for disconnecting integrations to stop participation.
Relevant Dealer is not responsible for removing data where access remains active.
15. Scope of Work and Additional Services
Services are limited to those outlined in the Order Form.
Additional work or services require approval and may incur additional fees.
16. Customer Acknowledgements
Client acknowledges:
Relevant Dealer does not control search engines, platforms, or external systems
Performance outcomes cannot be guaranteed
Relevant Dealer provides guidance but does not manage dealership operations
17. Website and Third-Party Changes
Relevant Dealer is not responsible for changes made by Client or third parties that impact performance, functionality, or results.
18. Customer Representations
Client represents that:
All provided content is owned or properly licensed
Use of such content does not infringe on third-party rights
Client complies with all applicable laws and regulations
Client agrees to indemnify Relevant Dealer for any claims arising from Client-provided materials.
19. Disclaimer of Warranties
Services are provided “as is” without warranties of any kind.
Relevant Dealer does not guarantee performance, availability, or results.
20. Limitation of Liability
Relevant Dealer shall not be liable for indirect, incidental, or consequential damages, including lost profits or data.
21. Indemnification
Client agrees to indemnify and hold Relevant Dealer harmless from claims arising from Client content, data, or misuse of services.
22. Confidentiality
Both parties agree to protect confidential information for a period of three (3) years following termination.
23. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control.
24. Relationship of Parties
Relevant Dealer is an independent contractor. Nothing in this agreement creates a partnership, joint venture, or employment relationship.
25. Assignment
Client may not assign this agreement without written consent. Relevant Dealer may use subcontractors.
26. Waiver and Severability
Failure to enforce any provision does not waive future enforcement. Invalid provisions do not affect the remainder.
27. Dispute Resolution
The parties agree to attempt good-faith resolution.
If unresolved within ten (10) days, disputes shall be submitted to binding arbitration in Elkhart County, Indiana.
The arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.
28. Nonpayment Carve-Out
Relevant Dealer may pursue collection of unpaid fees in Indiana courts.
Client agrees to jurisdiction in Indiana for such actions.
29. Governing Law
These Terms are governed by the laws of the State of Indiana.
30. Contact
Relevant Dealer
support@relevantdealer.com
