Terms of Service

These Terms of Service ("Terms") govern your access to and use of the YoutUP Agency website at youtup.agency and the services we provide ("Services"). By accessing the site or engaging us, you agree to these Terms.

1. Who We Are

YoutUP Agency ("YoutUP", "we", "our", "us") is a digital marketing service provider specializing in Google Ads and YouTube performance marketing for real estate companies in Cambodia and Vietnam.

2. Services

We offer Google Ads campaign management, YouTube channel management, remarketing setup, landing page creation, analytics, and related performance marketing services. Specific scope, pricing, deliverables, and timelines are defined in a separate service agreement signed with each client.

Our website provides marketing information about our services. Use of the website does not create a service agreement.

3. Eligibility

You must be at least 18 years old and authorized to enter agreements on behalf of any company you represent. Our Services are intended exclusively for businesses and not for consumers.

4. Pricing and Payment

Pricing displayed on our site is in US Dollars and represents our standard package pricing as of the effective date. Final pricing is confirmed in your service agreement.

• Management fees are billed monthly in advance.
• Setup fees are one-time, billed upon agreement signing.
• Performance bonuses (where applicable) are billed within 14 days of qualifying events as defined in your agreement.
• Ad spend is paid by the client directly to Google. We do not mark up ad spend.

Late payments may incur a 1.5% monthly interest charge and may result in suspension of Services after 14 days notice.

5. Guarantees

The guarantees stated on our website are part of every service agreement:

• 30-day satisfaction guarantee — full refund of first month's management fee if you are not satisfied with our work.
• No long-term lock-in — month-to-month contract, 30 days notice to terminate.
• 14-day launch SLA — campaigns live within 14 days of receiving access and assets; otherwise refund of setup fee.
• Full asset ownership — client owns ad accounts, landing pages, creative files, and channels at all times.
• Transparent reporting — real-time dashboard access; no hidden fees or ad-spend markups.

These guarantees apply only when the client provides required access, assets, and approvals in good faith and on time.

6. Client Responsibilities

To deliver Services effectively, you agree to:

• Provide timely access to ad accounts, analytics, CRM, and other tools we require
• Supply accurate business information, imagery, and approvals
• Respond to material questions and approvals within 3 business days
• Maintain compliance with all applicable laws and Google's advertising policies
• Pay invoices on time as set out in your service agreement
• Not engage in deceptive, fraudulent, or otherwise prohibited business practices

7. Acceptable Use of the Site

When using our website you agree NOT to:

• Use the site for unlawful purposes
• Attempt to access non-public areas, systems, or data
• Interfere with site performance or security (e.g. denial-of-service attempts)
• Use scrapers, bots, or automated tools without permission
• Impersonate any person or misrepresent your affiliation
• Submit malicious code or harmful content through our forms

8. Intellectual Property

All content on the website, including text, graphics, logos, design, and code, is owned by YoutUP or licensed to us. You may not reproduce, distribute, or create derivative works without our written consent, except for normal browsing use.

Under client agreements, all deliverables created specifically for a client (ads, creatives, landing pages, channel content) belong to the client upon payment. We retain the right to reference engagements in our portfolio and case studies in anonymized or approved form.

9. Third-Party Services

Our Services rely on third-party platforms including Google Ads, YouTube, Google Analytics, and Telegram. We are not responsible for outages, policy changes, account suspensions, or pricing changes of these platforms. We will use reasonable efforts to mitigate impact on client campaigns.

10. Disclaimer of Warranties

The website is provided "as is" without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant uninterrupted, error-free, or virus-free operation of the website.

Marketing services are inherently performance-variable. While we apply professional skill and use industry best practices, we do not guarantee specific advertising outcomes such as lead volume, cost per lead, conversion rates, or revenue — except where explicitly stated in a signed service agreement.

11. Limitation of Liability

To the maximum extent permitted by law, YoutUP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising from your use of the website or Services.

Our total aggregate liability for any claim arising out of or related to the website or Services shall not exceed the total amount paid by you to YoutUP in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless YoutUP, its officers, employees, and contractors from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the website, your violation of any law, or your violation of any third-party right.

13. Termination

We may terminate or suspend your access to the website at any time, without notice, if you breach these Terms. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will survive.

Service agreements may be terminated by either party with 30 days written notice. Outstanding fees remain payable.

14. Governing Law and Disputes

These Terms are governed by the laws applicable to international service agreements, without regard to conflict-of-laws principles. Any dispute arising from the Terms or Services shall be resolved through good-faith negotiation first; failing resolution within 30 days, by binding arbitration or in courts of competent jurisdiction.

15. Changes to These Terms

We may modify these Terms at any time. Material changes will be noted with an updated effective date at the top of this page. Continued use of the website after changes constitutes acceptance.

16. Contact

For questions about these Terms:

• Email: legal@youtup.agency
• General inquiries: hello@youtup.agency
• Telegram: @youtup_agency