1. Acceptance of Terms

By accessing or using the NexTrend Agency website located at nextrendagency.com (the "Site"), submitting any form, or engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, please do not use our Site or engage our services. NexTrend Agency reserves the right to update these Terms at any time. Continued use of our Site or services after any changes constitutes your acceptance of the revised Terms.

These Terms constitute a legally binding agreement between you and NexTrend Agency ("we," "us," or "our"), a digital marketing agency located in Salisbury, North Carolina.

2. Services

NexTrend Agency provides a range of digital marketing services, including but not limited to:

Website Design & Development

Search Engine Optimization (SEO) & Answer Engine Optimization (AEO)

Social Media Management

Paid Advertising (Google, Meta, and other platforms)

Branding & Graphic Design

Content Creation & Copywriting

Email Marketing

Marketing Automation & CRM Setup

AI & Voice AI Solutions

The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate Service Agreement, Proposal, or Statement of Work ("SOW") executed between NexTrend Agency and the Client. In the event of any conflict between these Terms and a signed SOW, the SOW shall control with respect to the specific engagement.

3. Client Responsibilities

To enable NexTrend Agency to deliver services effectively, you agree to:

Provide accurate, complete, and up-to-date information when requested

Supply necessary assets, credentials, content approvals, and feedback within agreed-upon timelines

Designate a primary point of contact with authority to approve deliverables

Comply with all applicable laws and regulations, including those governing digital marketing, data privacy, and SMS communications

Not use our services for any unlawful, deceptive, or harmful purpose

Maintain the confidentiality of any login credentials or access information we provide

Delays caused by failure to fulfill Client responsibilities may affect delivery timelines and are not the liability of NexTrend Agency.

4. SMS / Text Message Terms (A2P Disclosure)

Consent to Receive Text Messages:
By submitting your mobile phone number through any form on our Site and opting in to SMS communications, you expressly consent to receive automated and non-automated text messages from NexTrend Agency. These messages may include service updates, appointment reminders, marketing promotions, follow-up communications, and responses to your inquiries.

Message Frequency:
Message frequency varies. You may receive up to 4–8 marketing SMS messages per month, plus transactional messages related to your account or services.

Message and Data Rates:
Standard message and data rates may apply. NexTrend Agency is not responsible for any charges billed to you by your mobile carrier in connection with SMS messages.

Opting Out:
You may opt out of receiving SMS messages from NexTrend Agency at any time by:

Replying STOP to any text message from us

Emailing [email protected] with the subject line "SMS Opt-Out"

Contacting us through our website Contact page

Upon receipt of a valid STOP request, we will send a single confirmation message and cease all further SMS communications unless you provide new consent.

Help:
Reply HELP to any SMS message for assistance, or contact us at [email protected].

Consent Not Required for Purchase:
Your consent to receive SMS messages is not a condition of purchasing or receiving any service from NexTrend Agency.

No Third-Party Sharing:
Your mobile phone number and SMS consent will not be sold or shared with third parties for their independent marketing or solicitation purposes.

Carrier Disclaimer:
Mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your mobile carrier.

Compliance:
All SMS communications from NexTrend Agency are sent in compliance with the Telephone Consumer Protection Act (TCPA), the A2P 10DLC registration requirements of The Campaign Registry (TCR), FCC regulations including the one-to-one consent rule effective January 27, 2026, and applicable state laws including but not limited to Texas SB 140 and Virginia SB 1339.

5. Email Communications

By providing your email address through our Site or as part of a service engagement, you consent to receive email communications from NexTrend Agency. You may unsubscribe from marketing emails at any time by clicking the "Unsubscribe" link in any email or by contacting us directly. Transactional and service-related emails may still be sent regardless of marketing opt-out status.

6. Payment Terms

Fees: All service fees will be outlined in your SOW or invoice. Fees are quoted in U.S. dollars unless otherwise stated.

Payment Schedule: Payment terms will be specified in the applicable SOW. Unless otherwise agreed, invoices are due within 14 days of issuance. Ongoing monthly retainer fees are due on the first of each billing month.

Late Payments: Invoices not paid within 30 days of the due date may be subject to a late fee of 1.5% per month on the outstanding balance. NexTrend Agency reserves the right to pause or suspend services for accounts with outstanding balances exceeding 30 days.

Refunds: All sales are final unless otherwise agreed in writing. NexTrend Agency does not offer refunds for work already completed or time already allocated. Any refund consideration must be requested in writing and is subject to review at our sole discretion.

Disputed Charges: If you dispute any charge, you must notify us in writing within 14 days of the invoice date. Failure to dispute within this period constitutes acceptance of the charge.

7. Intellectual Property

Client-Owned Assets: Content, logos, images, and other materials provided by the Client remain the sole property of the Client.

Work Product: Upon receipt of full payment, NexTrend Agency assigns to the Client all rights, title, and interest in deliverables specifically created for the Client as part of a completed engagement, including website designs, written content, ad creative, and branding assets (excluding any pre-existing tools, templates, or proprietary frameworks).

NexTrend Agency Intellectual Property: Our pre-existing tools, methodologies, software, templates, workflows, and processes remain the sole property of NexTrend Agency. Nothing in these Terms grants the Client a license to use NexTrend Agency's proprietary systems beyond the scope of the agreed services.

Portfolio Rights: NexTrend Agency reserves the right to display completed work in our portfolio and marketing materials unless the Client requests in writing that specific work remain confidential.

8. Confidentiality

Each party agrees to maintain the confidentiality of any non-public, proprietary, or sensitive information received from the other party in connection with the services ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law. This obligation shall survive the termination of any service agreement for a period of two (2) years.

9. Third-Party Platforms and Tools

NexTrend Agency may use or recommend third-party tools, platforms, and services (such as advertising platforms, CRM systems, analytics tools, social media networks, or hosting providers) in the course of delivering services. NexTrend Agency is not responsible for the performance, availability, pricing changes, or terms of service changes of any third-party platform. The Client is responsible for independently reviewing and agreeing to the terms of any third-party platforms used in their marketing program.

10. Results Disclaimer

Digital marketing results — including but not limited to search engine rankings, website traffic, lead volume, conversion rates, social media growth, and advertising performance — depend on many factors beyond NexTrend Agency's control, including search engine algorithm changes, market conditions, competition, budget allocation, and client-provided assets and approvals.

NexTrend Agency does not guarantee specific results, rankings, or revenue outcomes. We commit to applying industry best practices, transparent reporting, and ongoing optimization to maximize the effectiveness of your marketing investment.

11. Limitation of Liability

To the maximum extent permitted by applicable law, NexTrend Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or related to our services or these Terms, even if we have been advised of the possibility of such damages.

In no event shall NexTrend Agency's total liability to you for any claims arising from or related to a specific service engagement exceed the total fees paid by you to NexTrend Agency for that engagement in the three (3) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless NexTrend Agency and its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of our Site or services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any content or materials you provide to NexTrend Agency for use in your marketing program.

13. Termination

By the Client: You may terminate a service engagement by providing written notice as specified in your SOW. Any fees due for work completed through the termination date remain payable.

By NexTrend Agency: We reserve the right to suspend or terminate services at any time if: (a) you breach these Terms or your SOW and fail to cure the breach within 10 days of written notice; (b) payment becomes more than 30 days past due; (c) you engage in conduct that is unlawful, abusive, or harmful to NexTrend Agency or third parties.

Effect of Termination: Upon termination, NexTrend Agency will provide the Client with any completed deliverables for which full payment has been received. Access to any platforms or tools managed by NexTrend Agency on behalf of the Client will be transferred upon request within a reasonable timeframe.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our services shall first be subject to good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, the parties agree to submit the dispute to binding arbitration in Rowan County, North Carolina, under the rules of the American Arbitration Association. Each party shall bear its own legal fees unless the arbitrator determines otherwise.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

15. Disclaimer of Warranties

Our Site and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. NexTrend Agency does not warrant that our Site will be uninterrupted, error-free, or free of viruses or harmful components.

16. Entire Agreement

These Terms, together with our Privacy Policy and any signed SOW or service agreement, constitute the entire agreement between you and NexTrend Agency with respect to the subject matter herein and supersede all prior negotiations, representations, or agreements.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Us

For questions, concerns, or notices regarding these Terms of Service, please contact:

NexTrend Agency
Salisbury, NC
📧 [email protected]
🌐 nextrendagency.com

⚠️ Legal Disclaimer: These Terms of Service have been drafted to align with A2P 10DLC carrier requirements, TCPA regulations, FCC consent guidelines, and standard digital marketing agency practices as of 2026. NexTrend Agency recommends having this document reviewed by a licensed attorney admitted in North Carolina to ensure full compliance with all applicable federal, state, and local laws specific to your business.