1. Introduction
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client" or "User") and Magic Advertising & Marketing LTD ("Company", "we", "us"), governing all services provided including digital marketing, Google Ads management, web development, and analytics services.
By placing an order, signing a service agreement, or using our website, you confirm that you have read, understood, and agreed to these Terms in full.
2. Services
2.1 Scope of Services
Magic Advertising & Marketing LTD provides the following services:
- Google Ads campaign management and Pay-Per-Click (PPC) advertising
- Web development and website design
- Marketing analytics and performance reporting
- SEO (Search Engine Optimisation) services
- Market research and digital strategy consulting
- Internal advertising data processing via the Ads Performance ETL system
2.2 Service Agreements
Specific service terms, deliverables, timelines, and fees are defined in individual service agreements or proposals agreed upon between the Company and the Client prior to commencement of work.
2.3 Google Ads API Usage
Our Google Ads management services utilise the Google Ads API to access, manage, and report on advertising campaign data. By engaging these services, you authorise us to access your Google Ads account(s) as required to perform the agreed services. We comply fully with Google Ads API Terms of Service and applicable Google policies.
3. Client Obligations
As a client, you agree to:
- Provide accurate, complete, and up-to-date information required to deliver services.
- Grant necessary access to advertising accounts, websites, and platforms as required.
- Review and approve deliverables within agreed timelines.
- Ensure all content and materials you provide comply with applicable laws and do not infringe third-party rights.
- Pay invoices within agreed payment terms.
- Comply with Google Ads policies and other platform terms of service relevant to your accounts.
4. Payment Terms
4.1 Fees
Service fees are as stated in the service agreement or proposal. All prices are exclusive of VAT unless otherwise stated.
4.2 Invoicing and Payment
- Invoices are issued monthly or as specified in the service agreement.
- Payment is due within 14 days of invoice date unless otherwise agreed.
- Late payments may incur interest charges at the rate permitted by applicable law.
4.3 Refunds
Fees paid for completed work or active service periods are non-refundable unless otherwise specified in the individual service agreement or required by applicable consumer protection laws.
5. Intellectual Property
5.1 Client Materials
You retain all intellectual property rights in materials, content, and data you provide to us. You grant us a licence to use these materials solely to deliver the agreed services.
5.2 Deliverables
Upon receipt of full payment, intellectual property rights in custom deliverables created specifically for you (such as website designs and content) transfer to you, unless otherwise agreed in writing.
5.3 Company Proprietary Tools
Our internal systems, methodologies, processes, and tools — including the Ads Performance ETL pipeline and associated software — remain the exclusive intellectual property of Magic Advertising & Marketing LTD and are not transferred to clients.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared in connection with the services. This obligation survives the termination of the service agreement. Confidential information excludes information that is publicly available or independently developed without breach of these Terms.
7. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws. Where we process personal data on behalf of clients as a data processor, a separate Data Processing Agreement may apply.
8. Disclaimer of Warranties
Our services are provided on an "as-is" and "as-available" basis. We make no guarantees regarding specific results from advertising campaigns, including but not limited to click-through rates, conversion rates, or return on investment. Advertising performance depends on many factors outside our control, including market conditions, competition, and platform algorithms.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Magic Advertising & Marketing LTD shall not be liable for:
- Indirect, incidental, consequential, or punitive damages.
- Loss of profits, revenue, data, or business opportunities.
- Damages arising from third-party actions (including Google, Meta, or other advertising platforms).
Our total liability for any claim arising from our services shall not exceed the total fees paid by you in the three (3) months preceding the claim.
10. Termination
Either party may terminate ongoing services with 30 days' written notice, unless a different notice period is specified in the service agreement. Upon termination:
- All outstanding fees for work completed become immediately due.
- We will return or delete client data as instructed within 30 days.
- We will transfer any account access or credentials held on your behalf.
We reserve the right to terminate services immediately in cases of material breach, non-payment, or conduct that violates platform policies or applicable law.
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Israel. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Eilat, Israel, unless otherwise agreed in writing.
12. Amendments
We reserve the right to update these Terms at any time. Updated Terms will be published on this page with a revised "Last Updated" date. Continued use of our services after updates constitutes acceptance. For significant changes, we will provide reasonable notice via email or website notice.
13. Contact
For questions or concerns regarding these Terms & Conditions, please reach out to us:
- Magic Advertising & Marketing LTD
- Knaanim 3, Eilat, Israel 88000
- VAT No. 515428514
- General Inquiries: info@magicadvertising.ltd
- Project Inquiries & API Integrations: marketing@magicadvertising.ltd
- Staff Contact (A. Pozihun): pozihun.a@magicadvertising.ltd