top of page
BuyNearByLogo.png
Get Started

Terms and Conditions

Last Updated: June 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern the purchase and use of advertising services provided by BuyNearBy.net ("BuyNearBy," "Company," "we," "our," or "us").

By purchasing, subscribing to, or using any BuyNearBy service, Customer agrees to be legally bound by these Terms. If Customer does not agree to these Terms, Customer may not purchase or use our services.

​

2. Services

BuyNearBy provides digital advertising services, including but not limited to:

  • Professional digital flyer design

  • Weekly email advertising campaigns

  • Local email marketing distribution

  • Promotional campaign management

  • Advertising content preparation

  • Marketing consultation related to purchased services

BuyNearBy reserves the right to modify, improve, discontinue, or replace any service at any time.

​

3. Subscription Plans

Advertising plans may include:

  • 30-Day Introductory Plan

  • 3-Month Subscription

  • 6-Month Subscription

  • 12-Month Subscription

Current pricing is displayed on BuyNearBy.net and incorporated into the Advertising Subscription Agreement.

​4. Billing Authorization

By enrolling in any subscription plan, Customer authorizes BuyNearBy to charge the payment method provided for all amounts due under the selected subscription.

Unless otherwise stated:

  • Recurring payments are processed on either the 1st or the 15th of each month, depending upon Customer's initial billing date.

  • Charges continue throughout the selected subscription term.

  • Customer remains responsible for all payments associated with the selected subscription.

5. Failed Payments

If any payment is declined, returned, or otherwise unsuccessful:

  • BuyNearBy may suspend advertising services without notice.

  • BuyNearBy may retry the payment method on file.

  • Customer remains responsible for all unpaid amounts.

  • Advertising campaigns may be paused until payment is received.

  • Repeated failed payment attempts may result in termination of services.

6. Late Payments

Any unpaid balance may accrue interest at the lesser of:

  • 1.5% per month, or

  • the maximum rate permitted by applicable law.

Customer is responsible for all reasonable costs of collection, including attorney's fees and court costs where permitted by law.

7. Customer Advertising Content

Customer is solely responsible for all submitted:

  • Text

  • Logos

  • Images

  • Promotional claims

  • Discounts

  • Pricing

  • Contact information

  • Marketing content

Customer represents that all submitted materials:

  • are lawful;

  • do not infringe the intellectual property rights of others;

  • do not contain false, misleading, or deceptive claims; and

  • comply with all applicable laws and regulations.

BuyNearBy reserves the right to reject or remove advertising content at its sole discretion.

​

8. Customer Approval

Customer is responsible for reviewing and approving all advertising materials prior to publication.

Once advertising has been approved and distributed, BuyNearBy shall not be responsible for:

  • typographical errors;

  • pricing mistakes;

  • incorrect contact information;

  • inaccurate promotional details; or

  • any other customer-approved content.

​​

9. Customer Responsibilities

Customer agrees to provide all requested advertising materials, including logos, images, promotional information, pricing, approvals, and related content in a timely manner.

Delays caused by Customer do not:

  • extend the subscription period;

  • postpone recurring billing;

  • modify payment obligations; or entitle Customer to refunds or additional advertising time.

​​

10. Email Delivery

Customer acknowledges that BuyNearBy cannot guarantee delivery of advertising emails to every intended recipient.

Email delivery may be affected by:

  • spam filtering;

  • internet service provider policies;

  • recipient email settings;

  • technical failures;

  • internet outages; or

  • other circumstances beyond BuyNearBy's reasonable control.

BuyNearBy makes no guarantee regarding:

  • inbox placement;

  • open rates;

  • click-through rates; or

  • recipient engagement.

​​

11. No Guarantee of Results

Advertising results vary.

BuyNearBy does not guarantee:

  • sales;

  • revenue;

  • customer leads;

  • conversions;

  • return on investment;

  • customer engagement; or

  • business growth.

Advertising success depends upon numerous factors beyond the Company's control.

​

12. Campaign Modifications

Unless otherwise stated:

  • One advertising update per month is included.

  • Additional revisions may incur additional fees.

  • Requested changes must be submitted before scheduled campaign deadlines.

​​

13. Cancellation

30-Day Intro Plan

Customer may cancel within three (3) calendar days of purchase for a full refund if advertising services have not substantially begun, except where otherwise required by law.

Once advertising work has begun, payments are non-refundable.

Multi-Month Plans

Customer may request cancellation at any time.

However, cancellation does not release Customer from payment obligations for the remainder of the agreed subscription term except where otherwise required by applicable law.

​

14. Refund Policy

Advertising services involve immediate design work, scheduling, campaign preparation, and administrative processing.

Except where prohibited by law:

  • payments are earned as services are performed;

  • payments are generally non-refundable once work has begun;

  • unused advertising time is non-refundable;

  • refunds are not provided based upon advertising performance.

​​

15. Chargebacks

Customer agrees not to initiate chargebacks for properly authorized charges.

If a chargeback occurs:

  • services may be suspended immediately;

  • Customer remains responsible for all unpaid amounts;

  • Customer agrees to reimburse BuyNearBy for chargeback fees, collection costs, attorney's fees, and related expenses where permitted by law.

​​

16. Intellectual Property

Customer retains ownership of advertising materials submitted to BuyNearBy.

Customer grants BuyNearBy a non-exclusive license to use, reproduce, modify, and distribute submitted materials solely for providing purchased advertising services.

All BuyNearBy branding, graphics, templates, designs, software, website content, and marketing materials remain the exclusive property of BuyNearBy unless otherwise agreed in writing.

​

17. Portfolio Rights

Unless Customer provides written notice before publication requesting otherwise, Customer grants BuyNearBy permission to display completed advertising materials in the Company's portfolio, website, social media, and promotional materials.

​

18. Independent Contractor

Nothing contained in these Terms creates any partnership, joint venture, employment relationship, agency, or fiduciary relationship between Customer and BuyNearBy.

​

19. Force Majeure

BuyNearBy shall not be liable for delays or failures resulting from circumstances beyond its reasonable control, including:

  • natural disasters;

  • internet outages;

  • cybersecurity incidents;

  • email service interruptions;

  • labor disputes;

  • governmental actions;

  • power failures; or

  • similar unforeseen events.

​​

20. Disclaimer of Warranties

To the fullest extent permitted by applicable law, BuyNearBy's services are provided "AS IS" and

"AS AVAILABLE."

BuyNearBy disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

​

21. Limitation of Liability

To the maximum extent permitted by law, BuyNearBy shall not be liable for:

  • lost profits;

  • lost revenue;

  • loss of business opportunity;

  • indirect damages;

  • incidental damages;

  • consequential damages; or

  • special damages.

BuyNearBy's maximum aggregate liability shall not exceed the total amount paid by Customer during the three (3) months immediately preceding the event giving rise to the claim.

​

22. Indemnification

Customer agrees to defend, indemnify, and hold harmless BuyNearBy, its owners, officers, employees, contractors, affiliates, and agents from any claims, liabilities, damages, costs, or expenses arising from:

  • Customer advertising content;

  • Customer business practices;

  • Customer promotional claims;

  • violations of law; or

  • infringement of third-party rights.

​​

23. Privacy

Customer acknowledges that BuyNearBy's Privacy Policy governs the collection, use, storage, and protection of personal information submitted through the Company's website and services.

​

24. Electronic Communications and Signatures

Customer agrees that electronic records, electronic communications, electronic acceptance of these Terms, and electronic signatures shall have the same legal force and effect as handwritten signatures to the fullest extent permitted by applicable law.

​

25. Assignment

Customer may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of BuyNearBy.

​

26. Entire Agreement

These Terms, together with the Advertising Subscription Agreement, Privacy Policy, and any accepted order, constitute the complete agreement between the parties and supersede all prior discussions, negotiations, proposals, and representations relating to the services.

​

27. Severability

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

​

28. Changes to These Terms

BuyNearBy may update these Terms from time to time. Updated Terms become effective upon publication on BuyNearBy.net and apply to future purchases unless otherwise required by law.

​

29. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

​

30. Contact Information

BuyNearBy.net

Email: sales@buynearby.net

Website: https://buynearby.net

bottom of page