Terms of Service

Acceptance of these terms

These Terms of Service ("Terms") are a binding agreement between you and Remediation Media, a business unit of D&J Contractor Marketing ("we," "us," or "our"). By accessing this website, booking a consultation, requesting an audit or otherwise engaging with us, you agree to these Terms. If you do not agree, do not use the site or our services.

If you are agreeing on behalf of a company, you represent that you have authority to bind that company, and "you" means that company.

Our Privacy Policy is incorporated into these Terms by reference and explains how we handle personal information.

Who may use the site

This site and our services are intended for businesses and for individuals acting on behalf of a business, and for people aged 18 or over. They are not directed to consumers seeking restoration work for their own property. If you need emergency restoration help, contact a restoration company or your insurer directly. We are a marketing agency and we do not perform restoration, remediation, mitigation, reconstruction or any related trade work.

What we do

We provide marketing and demand-generation services to restoration and remediation companies. Depending on the engagement, that may include:

• Paid search management, including Google Ads
• Local Services Ads setup, verification support and management
• Google Business Profile management and local search work
• Website, landing page and conversion work
• Call capture, intake, missed-call recovery and lead routing, delivered through our platform
• Call tracking, attribution and performance reporting
• Strategy, planning and seasonal campaign management

The specific services, deliverables, service levels, fees and term for any engagement are set out in a separate written agreement, proposal, statement of work or order form (each, an "Engagement Agreement"). Nothing on this website is an offer to provide services, and no engagement exists until an Engagement Agreement is signed by both parties.

Order of precedence

If there is a conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement controls for the subject matter it covers. These Terms govern your use of the website and anything not addressed in an Engagement Agreement.

The free audit and consultation

We offer a free consultation, sometimes described as a territory audit. It has no cost and creates no obligation on either side.

• Any figures, estimates, rankings, projections or opportunity sizing we present are estimates for discussion, prepared quickly and from limited information. They are not a proposal, an appraisal, a forecast, or professional advice, and they should not be relied on for financial, operational or legal decisions.
• Materials we prepare and give you during a consultation are yours to keep and use in your business. We retain ownership of any underlying template, framework or methodology.
• We may decline to proceed with a consultation or an engagement for any lawful reason, including where we already work with a competing operator in the same territory.
• Booking is handled by a third-party scheduling provider and is subject to that provider's own terms.

The interactive calculator on our website produces an arithmetic result from figures you enter. It uses your own assumptions, not measured data about your business, and it is not a projection of revenue you will earn or recover.

No guarantee of results

Marketing performance depends on many things outside our control, including but not limited to: weather and loss events in your region, seasonality, competitor spending, changes to search engine and advertising platform algorithms, policies, auctions and pricing, your capacity to take on work, your pricing, your reviews and reputation, how quickly your team responds to leads, your service quality, your crew availability, your insurance and franchisor relationships, and general economic conditions.

Any case study, example, statistic, screenshot, illustration or figure shown on our website or in our materials describes past or illustrative situations. Past performance does not predict future results, and results vary by market, operator and season. Screens and call examples shown on our website are illustrations of how the system works and are not records of a specific customer.

Third-party statistics we cite are attributed to their sources on the page where they appear. We believe them to be accurately reproduced but we do not independently verify third-party research and we are not responsible for its accuracy.

Where we say we will tell you honestly whether we can help, that is a statement of how we operate. It is not a warranty of any commercial outcome.

Client responsibilities

If you engage us, you agree to:

• Give us accurate information about your business, licences, insurance, certifications, service areas and capacity, and keep it current
• Hold and maintain every licence, registration, bond and insurance policy that your trade and jurisdiction require, including anything required for Google's Local Services Ads verification
• Grant and maintain the access we need to advertising accounts, business profiles, websites, analytics and phone systems
• Review and approve advertising copy, claims, offers and landing page content before it runs, and ensure that anything you ask us to publish is truthful, substantiated and lawful
• Comply with your franchisor's brand standards and advertising rules, if you are a franchisee, and tell us what those rules are. You are responsible for franchisor approval of anything requiring it
• Respond to leads, and staff your phones and on-call rota, at a level consistent with the volume being generated
• Comply with all laws that apply to your marketing and your customer communications, including telemarketing, texting, recording, consumer protection and advertising law
• Pay third-party media spend and platform fees directly, or fund them promptly where we manage them on your behalf

You are responsible for the legality of the goods and services you advertise and for the claims you ask us to make on your behalf. We may refuse to publish anything we reasonably believe is false, misleading, unlawful or in breach of a platform policy.

Third-party platforms

Our services depend on platforms we do not control, including Google, Meta and various telephony, messaging and software providers. Each has its own terms, policies and enforcement practices, and each can change pricing, features, eligibility, auctions, algorithms or policy without notice to us.

• You are bound by those platforms' terms when we operate accounts on your behalf, and you authorise us to act within them.
• We are not responsible for a platform suspending, restricting, disapproving, rejecting or terminating an account, ad, listing or verification, or for changes in cost or delivery that follow a platform's own decisions.
• Local Services Ads verification, including licence, insurance and background checks and the Google Guaranteed badge, is granted, withheld and revoked by Google at its discretion. We support the process; we cannot guarantee the outcome or the timeline.
• Lead credits and disputes on platforms that offer them are decided by the platform. We will submit disputes on your behalf where warranted; we cannot guarantee they are granted.

Account and asset ownership

We build on assets you own. Unless an Engagement Agreement says otherwise:

• Advertising accounts, Local Services Ads profiles, Business Profiles, domains, websites and analytics properties created or managed for you are yours. We hold administrative access as your agent.
• Your call records, lead records, transcripts, campaign history and performance data are yours.
• On termination, and once undisputed amounts due are paid, we will transfer administrative access and provide an export of your lead and call data in a reasonable, commonly used format, within a reasonable period.
• We do not hold accounts, data or domains hostage as a retention tactic.

What remains ours is described in Section 15: our platform, our software, our internal tooling, our templates, frameworks and methodologies, and anything we built before or outside your engagement.

AI-assisted services

Our call capture and follow-up layer uses automated voice and text assistants. By engaging us, and by communicating with us or with a line we operate, you acknowledge the following.

• Disclosure. Our assistants identify themselves as automated at the start of every voice call and text conversation. We do not design them to pass as human.
• Recording. Calls on lines we operate may be recorded and transcribed, with notice to callers. See the Privacy Policy for detail.
• Escalation. Emergencies and requests for a human are escalated under rules you configure. You are responsible for keeping your on-call routing, contact numbers and escalation rules current and correct, and for staffing the escalation path you define.
• Accuracy. Automated transcription, classification and summarisation are probabilistic and can contain errors, including misheard names, addresses, phone numbers and amounts. You agree not to rely on an automated summary as the sole record of a safety-critical instruction, and to confirm service addresses and callback numbers with the customer before dispatching a crew.
• Not professional advice. Our assistants collect and route information. They do not provide restoration, insurance, medical, safety, legal or financial advice, do not assess a loss, and do not quote or commit to a price, a scope or an arrival time except as you configure them to.
• No consequential automated decisions. Our systems do not make decisions producing legal or similarly significant effects about any person.
• Your compliance obligations. Laws on call recording, automated calling, artificial voices, bot disclosure and text messaging vary by state and change frequently. We configure our systems to disclose and to give notice as a default. You remain responsible for your own compliance with the law applying to your business and your customer communications, and for the escalation and consent settings you choose.
• Availability. The capture layer depends on telephony carriers, internet connectivity and third-party technology. Outages, carrier failures and degraded service can occur. It supplements your phone coverage; it does not replace your obligation to be reachable.

We do not permit our AI providers to use your customers' call content, transcripts or messages to train general-purpose or foundation models. We may use de-identified, aggregated interaction data to improve quality and routing, as described in the Privacy Policy.

Communications and consent

When you give us your phone number or email address, you agree that we may contact you about your enquiry, your consultation and your account by phone, text, email and automated assistant. This includes appointment confirmations, reminders, follow-ups and, where you have given consent that meets applicable law, marketing messages.

Reply STOP to any text to opt out of further texts from that number, or HELP for help. Message and data rates may apply. Opting out of texts does not cancel a booked appointment and does not opt you out of email or phone contact; to opt out of those, use the unsubscribe link or contact us. Consent to marketing messages is not a condition of any purchase.

Electronic communications from us satisfy any legal requirement that a communication be in writing.

Fees, invoicing and media spend

Fees, billing frequency, payment terms and any minimum term are set out in your Engagement Agreement. In general, and unless that agreement says otherwise:

• Service fees are invoiced in advance for the period they cover and are payable on the terms stated on the invoice.
• Media spend is separate from our fees. Amounts paid to Google, Meta or any other platform are yours to pay, whether billed directly to your payment method or funded through us. Platform costs fluctuate, particularly during weather events and seasonal surges.
• Fees are exclusive of taxes. You are responsible for any sales, use or similar taxes other than taxes on our income.
• Late amounts may accrue interest at the lower of 1.5% per month or the maximum the law allows, and we may suspend services on reasonable notice for non-payment.
• Fees for services already performed are non-refundable except as expressly stated in your Engagement Agreement or required by law.
• We may adjust fees on prior written notice, effective at the start of a renewal term.

Term, termination and transition

The term, renewal and notice periods for an engagement are set out in your Engagement Agreement. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend or terminate immediately if you fail to pay after notice, if continuing would breach a platform policy or the law, or if you ask us to publish something we reasonably believe is unlawful or misleading.

On termination: you pay for services performed and media spend incurred up to the effective date; we transfer administrative access and export your data as described in Section 9; we stop and, where reasonable, pause rather than delete active campaigns so you can resume them; and each party returns or destroys the other's confidential information on request. Sections 6, 9, 14, 15, 17, 18, 19, 20, 21, 22 and 23 survive termination.

We may modify, suspend or discontinue any part of this website at any time without notice.

Confidentiality

Each party may receive information the other treats as confidential, including business plans, pricing, performance data, customer lists, call records, strategies and methods. The receiving party will use it only to perform under these Terms and any Engagement Agreement, protect it with at least reasonable care, and not disclose it except to personnel and advisers who need it and are bound to comparable obligations.

This does not apply to information that is or becomes public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or is lawfully received from a third party. Disclosure required by law or court order is permitted, with prompt notice to the other party where lawful.

We will not disclose your performance data to another client in a way that identifies you. We may reference your engagement and use anonymised or aggregated results in our marketing unless you tell us in writing not to. Naming you or using your logo in a case study requires your prior written consent.

Intellectual property

Ours. Our website, our capture and reporting platform, our software and source code, our internal tooling, our templates, frameworks, playbooks, processes and methodologies, and our brand, logos, copy and design are owned by us or our licensors and protected by intellectual property law. Engaging us grants you a limited, non-exclusive, non-transferable, revocable right to use our platform during the engagement for your own business. It grants no ownership, no source code and no right to resell, sublicense, copy, reverse engineer or create derivative works.

Yours. Your brand, trademarks, content, photographs, customer data and business information remain yours. You grant us a limited licence to use them as needed to perform the services, including to produce and publish advertising and web content on your behalf.

Deliverables. Ownership of campaign assets, creative and website work produced specifically for you is addressed in your Engagement Agreement. Absent other terms, on full payment we assign to you the deliverables created specifically for you, excluding any of our pre-existing or generally applicable materials embedded in them, for which you receive a perpetual, non-exclusive licence to use as part of the deliverable.

Feedback. If you send us ideas or suggestions about our services, we may use them without restriction or compensation.

Acceptable use of the site

You agree not to: scrape, crawl, harvest or systematically extract content or contact details from this site except as a search engine with our robots directives permits; probe, scan or test the vulnerability of the site or circumvent any security measure; interfere with the site's operation or overload it; upload malicious code; impersonate any person; use the site to send unsolicited communications; or use any content from this site in a commercial product or service without our written permission. We may block access for any breach.

Trademarks and third-party names

SERVPRO® is a registered trademark of Servpro Industries, LLC. Google, Google Ads, Google Guaranteed, Local Services Ads and Google Business Profile are trademarks of Google LLC. Meta is a trademark of Meta Platforms, Inc. Nextdoor and YouTube are trademarks of their respective owners. All other names, marks and logos are the property of their owners.

We are an independent agency. We are not affiliated with, sponsored by, endorsed by or acting for Servpro Industries, LLC or any other franchisor. Where we describe franchise owners as clients, that reflects only that individual, independently owned and operated franchise locations have engaged us. Each SERVPRO® franchise is independently owned and operated. Third-party names are used descriptively to identify the platforms we work on and the systems our clients operate in, and their use does not imply any partnership or endorsement beyond any certification we hold and identify as such.

Disclaimers

THE WEBSITE, ITS CONTENT AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

We do not warrant that the website or our platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any content is accurate, complete or current. Content on this website is general information, not professional, legal, insurance, financial or trade advice, and you should not act on it without appropriate advice for your circumstances.

We are not responsible for the acts, omissions, content, policies or products of third parties, including advertising platforms, telephony carriers, scheduling providers and any site we link to.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES YOU PAID US IN THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, EXCLUDING MEDIA SPEND PASSED THROUGH TO PLATFORMS, OR (B) ONE HUNDRED US DOLLARS.

WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR LOST BUSINESS, LOST JOBS, LOST LEADS OR LOST REVENUE ARISING FROM A MISSED, DROPPED, MISROUTED, MISTRANSCRIBED OR UNANSWERED CALL OR MESSAGE, FROM A CARRIER, PLATFORM OR CONNECTIVITY FAILURE, OR FROM AN ERROR IN AUTOMATED TRANSCRIPTION, CLASSIFICATION OR SUMMARISATION.

These limitations do not apply to a party's indemnification obligations, to breach of confidentiality, to your obligation to pay amounts due, or to liability that cannot be limited by law, including fraud, wilful misconduct and gross negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

The limitations in this section are a fundamental basis of the bargain between us and apply even if a limited remedy fails of its essential purpose.

Indemnification

You will defend, indemnify and hold harmless Remediation Media, D&J Contractor Marketing, and their officers, directors, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, cost and expense, including reasonable legal fees, arising out of or relating to: your use of the website or the services; content, claims, offers or materials you provide or approve for publication; your breach of these Terms or of any Engagement Agreement; your violation of any law, platform policy or franchisor requirement; your restoration, remediation or construction work and your dealings with your own customers; your licensing, insurance or certification status; and your handling of leads and customer communications, including any claim under telemarketing, texting, recording or consumer protection law arising from settings or instructions you chose.

We will defend, indemnify and hold you harmless from a third-party claim that our platform, as provided by us and used as permitted, infringes that third party's US intellectual property rights. This does not apply where the claim arises from your content, your instructions, your modifications, or use in combination with anything we did not supply.

The indemnified party will give prompt notice, allow the indemnifying party to control the defence, and cooperate reasonably. No settlement imposing a liability or admission on the indemnified party may be made without its consent.

Governing law and venue

These Terms and any dispute arising out of or relating to them or to our services are governed by the laws of the State of Connecticut, without regard to its conflict of laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. Subject to Section 22, the state and federal courts located in Fairfield County, Connecticut have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

Dispute resolution and arbitration

Talk first. Before starting a formal proceeding, the parties will try in good faith to resolve the dispute informally for 30 days after written notice describing the claim and the relief sought, sent to the contact details in Section 24.

Arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or our services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Fairfield County, Connecticut, before a single arbitrator, and conducted in English. The arbitrator's award may be entered in any court of competent jurisdiction. Each party bears its own legal fees unless the arbitrator awards otherwise.

Class action waiver. Disputes will be brought only in an individual capacity. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies to all other claims.

Jury trial waiver. To the extent any dispute proceeds in court, each party knowingly and voluntarily waives any right to trial by jury.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information, without first proceeding under this section.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows such a limit.

General provisions

• Independent contractor. We are an independent contractor. Nothing here creates a partnership, joint venture, franchise, employment or fiduciary relationship. Neither party may bind the other.
• Non-exclusive. We may provide services to other businesses, including other restoration companies, subject to any territorial exclusivity expressly stated in an Engagement Agreement and to our confidentiality obligations.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disaster, severe weather, fire, flood, epidemic, war, civil unrest, labour dispute, government action, utility, carrier, internet or platform failure, or cyberattack. Payment obligations are not excused.
• Assignment. You may not assign these Terms without our written consent, except to a successor to substantially all of your business. We may assign to an affiliate or in connection with a merger, acquisition or sale of assets. These Terms bind permitted successors and assigns.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
• No waiver. Failure to enforce a provision is not a waiver of it. A waiver is effective only if in writing.
• Notices. Notices to us go to the address or email in Section 24. Notices to you go to the email or address we hold for you. Notice is effective on delivery, or on the next business day for email.
• No third-party beneficiaries, except the indemnified parties named in Section 20.
• Entire agreement. These Terms, the Privacy Policy and any Engagement Agreement are the entire agreement between us on their subject matter and supersede all prior discussions, proposals and representations.
• Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." Neither party is disadvantaged by having drafted a provision.
• Changes. We may update these Terms. The "Last updated" date will change and, for material changes, we will give more prominent notice. Continued use after the effective date is acceptance. Changes do not apply retroactively to a dispute that arose before the change.

How to contact us

Questions about these Terms, or formal notices under them: