Performance Guarantee Terms

Davel Creative Agency

Effective Date: August 10, 2026 · Last Updated: August 10, 2026

Link from: every ad, landing page, video, email, and proposal that mentions a guarantee, "or you don't pay," or a specific results target.

In plain language

Yes, we offer performance guarantees. They are real, we honour them, and they have conditions.

We make confident offers because we are confident in our work. But results depend on both sides — we control the marketing; you control your budget, your offer, your pricing, your team, and your capacity to serve the demand we create. So the conditions get written down.

And we do not offer the same guarantee to everyone. Sometimes we don't offer one at all.

Whatever we agree goes into your signed agreement. If it isn't in that document, it isn't part of your deal — whatever an advertisement said, or whatever anyone told you on a call.

1. How a guarantee actually gets offered

Our advertising is an invitation to a conversation, not a contract. It describes a result we are confident we can produce for the kind of business we are targeting.

On the onboarding call we look at your actual business — your market, competition, current marketing, budget, offer and pricing, sales process, capacity, and team. Then we tell you one of three things:

Option 3 is not a rejection and it is not a negotiating tactic. It usually means the budget, offer, market, or operational readiness isn't there yet, and we would rather say so than write down a promise we don't believe.

If we do offer one, the exact number, conditions, measurement method, and remedy go into the agreement you sign before you pay anything. We will walk you through every condition on the call — and if we didn't read a condition to you, we won't enforce it against you.

2. When a guarantee usually isn't available

Where the business is new or has no established presence in its market; where the advertising budget is below what the target realistically needs; where the offer or pricing isn't competitive and won't be adjusted; where there is no capacity, no sales or intake process, or nobody responsible for following up; where a regulatory or platform restriction limits what can be advertised; or where historical data is unreliable, so there is no honest basis for setting a target.

3. What we guarantee, and what we can't

We guarantee an agreed, measurable marketing outcome — for example a number of leads, qualified leads, booked appointments, or new customers, clients, patients, or jobs within an agreed period. Your agreement will name exactly one metric and define it precisely, so there is no argument later about what counted.

We cannot guarantee specific revenue, profit, or return on investment, or that any particular person will buy from you. Those depend on your pricing, your sales process, your fulfilment, and each person's own decision. We won't promise them, and you should be cautious of anyone who does.

We are not a referral service

We do not refer, recommend, broker, or arrange for any specific person to become your customer, client, or patient, and we neither pay nor receive referral fees or commissions for referring anyone. Our fees are fixed fees for marketing services, agreed in advance. Where a guarantee applies, the remedy is a credit or refund of fees you already paid us, because we didn't meet a commitment about our own work. It reduces what you pay us. It is not a payment to anyone for a referral and is not a share of your revenue.

This matters most for clients in regulated professions, where laws restrict paying for referrals. Your agreement will say so expressly.

4. The conditions

Your agreement will contain specific, numbered versions of these, with your figures filled in. These categories are the complete set — we won't invent a condition at claim time that wasn't in your agreement.

• Minimum advertising investment — a stated minimum spend, funded on time and maintained for the period. If it stops or drops below the floor, the target no longer applies.
• The full period — measured over the complete stated period, typically running from campaign launch rather than contract signature. Ending early voids the guarantee, because the result can no longer be measured.
• Timely approvals and access — creative and offers approved within the stated turnaround, platform access granted, agreed assets delivered on schedule.
• Lead response and follow-up — inbound leads contacted within a stated time, a stated minimum number of follow-up attempts, outcomes recorded in the agreed system, and a named person accountable.
• Tracking left in place — conversion and call tracking, CRM stages, and form and booking integrations. If tracking is disabled or bypassed, results cannot be measured and the guarantee cannot be evaluated.
• Offer and capacity — the agreed offer and pricing run without unilateral change, and you maintain capacity to serve the volume.
• Participation — attendance at the agreed calls and reasonable responsiveness.
• Good standing — invoices current, no chargeback, no material breach.
• Accurate baseline information — the figures you gave us about your current performance were accurate. A guarantee built on inaccurate baseline information is void, because the target was calculated from it.
• Nothing outside our control — a platform suspension or policy change not caused by us, a regulatory or legal action against you, force majeure, extended unavailability of your staff or premises, or your inability to serve the leads delivered.

5. How it's measured

Your agreement will state the metric (exactly one, defined precisely), the qualification criteria where relevant, the system whose records govern, the measurement window, and what doesn't count — duplicates, existing customers, spam, out-of-area enquiries, and enquiries for things you don't offer.

You have access to that system throughout, so you can see the number as it builds.

6. Remedies

Your agreement will specify one of these:

In every case:

• Advertising spend is never refundable. It was paid to the platform, not to us. No agency controls that money once it is spent.
• Third-party pass-through costs are not refundable.
• Work already delivered stays delivered, on the licence terms in your agreement.
• The stated remedy is the sole and exclusive remedy for missing the target, and is not an admission of breach.
• We will never make a refund conditional on you signing a release or a gag clause.

7. Making a claim

Submit written notice within 30 days after the guarantee period ends, to support@davelcreative.com, subject "Guarantee Claim." Include your business name, the period, the target, and the result you believe was achieved.

We will acknowledge it, review the numbers with you from the agreed system, and give you a written determination explaining our reasoning. Approved refunds are issued to the original payment method where possible.

Missing the 30-day window waives the claim.

If we disagree, the dispute process in your agreement applies. We will not treat a good-faith claim as a breach or as a reason to disparage you, and nothing stops you from describing your experience publicly.

8. This page is not the guarantee

This page describes our framework. It creates no rights on its own. The binding terms are in your signed agreement, which controls over anything here.

We may update this page. An update does not change an agreement already signed.

This guarantee is a contractual promise in addition to your rights under law. It does not waive any remedy available to you under any consumer protection or business statute, and nothing in it prevents you from complaining to a regulator or reviewing us publicly.

9. Questions

Ask before you sign. We would far rather spend an hour on the conditions than disagree at the end.

support@davelcreative.com · +1 (818) 934-0618 655 North Central Ave, 17th Floor, Glendale, CA 91203

See also: Results & Advertising Disclosures · Refund & Cancellation Policy · Terms of Service

Last updated August 10, 2026.