Effective Date: January 1, 2026
Company: New Era Marketing LLC (DBA New Era Growth)

1. Acceptance of Terms

By accessing this website or purchasing any services from New Era Marketing LLC (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”), as well as all applicable laws and regulations.

If you do not agree to these Terms, you must not use our website or services.

2. Description of Services

The Company provides digital marketing, software-enabled services, and business automation solutions, including but not limited to:

Website design and development

CRM systems and workflow automation

AI-powered communication tools (“AI Employee”)

Voice AI, chat automation, and lead handling systems

Hosting, support, and technical infrastructure

Consulting and strategy services

Services may be delivered through proprietary systems and third-party platforms (including but not limited to GoHighLevel and integrated providers).

We reserve the right to modify, update, or discontinue any service or feature at any time.

3. No Guarantee of Results

We do not guarantee any specific business outcomes, including but not limited to:

Revenue increases

Lead generation volume

Conversion rates

Customer acquisition

Results depend on numerous external factors beyond our control, including market conditions, competition, client responsiveness, and operational execution.

4. Payments, Billing & Fees

4.1 General Pricing

Services may include:

One-time setup fees

Monthly or recurring subscription fees

Usage-based charges

Custom project pricing

All fees are non-refundable unless explicitly stated otherwise in writing.

4.2 Card on File Authorization

Client agrees to maintain a valid payment method on file at all times.

By providing payment information, Client authorizes the Company to automatically charge:

Recurring subscription fees

Setup fees and project fees

Usage-based charges

Any outstanding balances

4.3 Recurring Billing & Renewal

Recurring services automatically renew on a monthly basis unless canceled in accordance with these Terms.

4.4 Failed Payments & Delinquency

If a payment fails:

We may retry billing at our discretion

Services may be suspended or restricted without notice

Access to systems, websites, or automation may be disabled

A late fee may be applied where permitted

Client remains responsible for all unpaid balances.

4.5 Chargebacks & Disputes

Client agrees not to initiate chargebacks without first contacting the Company.

In the event of a chargeback:

Services may be terminated immediately

All outstanding balances become immediately due

Client is responsible for any dispute or processing fees

4.6 Cancellation Policy

To cancel recurring services, Client must provide written notice.

Cancellation does not retroactively refund prior charges

Services remain active through the end of the billing cycle

Setup fees are non-refundable

4.7 Usage-Based Charges

Certain services may incur variable fees, including but not limited to:

Phone calls (inbound/outbound)

SMS and MMS messaging

AI processing usage

Third-party API usage

Client agrees to pay all such charges, regardless of usage volume.

5. Client Responsibilities

Client agrees to:

Provide accurate and complete information

Respond promptly during onboarding and service delivery

Maintain lawful business practices

Comply with all applicable laws and regulations

Maintain any required licenses or permissions

Failure to meet these responsibilities may delay services and does not relieve payment obligations.

6. AI & Automation Services

6.1 Nature of AI Systems

Our AI-powered services:

Operate using automated systems and machine learning models

Simulate human communication but are not human

Require ongoing configuration and monitoring

6.2 Limitations of AI

AI systems may:

Misinterpret inputs

Provide incorrect or incomplete responses

Require human oversight

Client is responsible for monitoring AI interactions and outcomes.

The Company is not liable for decisions made based on AI-generated outputs.

7. Third-Party Platforms & Integrations

Our services may rely on third-party providers, including but not limited to:

CRM platforms (e.g., GoHighLevel)

Telecom providers

Payment processors

Hosting providers

We are not responsible for:

Downtime or outages

Pricing changes

Policy updates

Service interruptions

originating from third-party providers.

8. Ownership & Intellectual Property

8.1 Company Ownership

All systems created by the Company, including but not limited to:

Sub-accounts

Workflows and automations

AI agents and configurations

Templates and systems

remain the property of the Company unless otherwise agreed in writing.

8.2 License to Client

Client is granted a limited, non-transferable license to use the services for business purposes only.

8.3 Access & Transfer

The Company is not obligated to:

Transfer systems or accounts

Provide exports or backups

Recreate systems outside its platform

Any transfer, if offered, may require additional fees.

9. Data & Compliance Responsibility

Client is solely responsible for:

All data collected, stored, or processed

Compliance with laws including TCPA, CAN-SPAM, and applicable privacy laws

Obtaining proper consent for communications

Honoring opt-out requests

The Company is not liable for unlawful or non-compliant use of services.

10. Acceptable Use

Client may not use services to:

Violate any laws or regulations

Send spam or unauthorized communications

Engage in fraud or deception

Distribute harmful or illegal content

Violation may result in immediate suspension or termination.

11. Confidentiality

Both parties agree to maintain confidentiality of all proprietary or sensitive information exchanged during the service relationship.

12. Disclaimer of Warranties

All services are provided “as is” and “as available.”

We make no warranties, express or implied, including:

Merchantability

Fitness for a particular purpose

Non-infringement

We do not guarantee uninterrupted or error-free operation.

13. Limitation of Liability

To the fullest extent permitted by law:

The Company shall not be liable for indirect, incidental, or consequential damages

Total liability shall not exceed fees paid in the previous three (3) months

14. Indemnification

Client agrees to indemnify and hold harmless the Company from any claims arising from:

Misuse of services

Violation of laws or regulations

Client’s business activities

15. Termination

We may suspend or terminate services for:

Non-payment

Policy violations

Illegal or abusive activity

Termination does not relieve Client of outstanding payment obligations.

16. Non-Solicitation

Client agrees not to solicit or hire Company employees or contractors during the service term and for twelve (12) months after termination.

17. Force Majeure

The Company shall not be liable for delays or failures due to events beyond its control, including:

Natural disasters

Power or network outages

Government actions

Third-party service failures

18. Governing Law

These Terms are governed by the laws of the State of Florida.

Any disputes shall be resolved in the appropriate courts located in Florida.

19. SMS Messaging Terms

By opting into SMS communications, you agree to receive messages related to:

Service updates

Appointment coordination

Account notifications

Marketing messages (if separately consented)

Message frequency may vary. Message and data rates may apply.

You may opt out at any time by replying STOP.

20. A2P & Communications Compliance

Clients using messaging or automation services are responsible for:

Obtaining proper consent

Maintaining compliance with TCPA, CAN-SPAM, and carrier rules

Honoring opt-outs

The Company is not responsible for non-compliant communications.

21. Age Requirement

Services are not intended for individuals under 18 years of age.

22. Changes to Terms

We may update these Terms at any time. Continued use of services constitutes acceptance of the updated Terms.

23. Contact Information

New Era Marketing LLC
Email: [email protected]
Website: https://neweragrowth.com