By engaging Top Tier Media as your marketing agency, you authorize us to access and manage your advertising accounts (Google Ads, Meta Ads, etc.) through official APIs. You remain the owner of those accounts and the data within them. We provide services in good faith but cannot guarantee specific campaign results.
1. Agreement Overview
These Terms of Service ("Terms") govern your use of services provided by Top Tier Group Company Limited, operating under the brand name "Top Tier Media" ("we", "us", "our", or "the Agency"). By engaging our services or accessing our website, you ("Client", "you", or "your") agree to be bound by these Terms.
A separate written service agreement, statement of work, or quotation may apply to specific engagements and will take precedence over these Terms where the two conflict, but only to the extent of the conflict.
2. Description of Services
Top Tier Media is a digital marketing agency providing services that may include, but are not limited to:
- Digital advertising campaign strategy, planning, and management
- Meta Ads (Facebook, Instagram, Messenger, Audience Network) campaign management
- Google Ads (Search, Display, YouTube, Performance Max, Shopping) campaign management
- TikTok Ads, LINE Ads, and other platform campaign management
- Marketplace advertising on Shopee, Lazada, and similar platforms
- Performance reporting, analytics, and strategic recommendations
- Creative production, copywriting, and content development for advertising
- Influencer marketing and PR services
The specific services to be delivered will be documented in the applicable service agreement or scope of work.
3. Authorization and Account Access
3.1 Grant of Authorization
To deliver our services, you grant us limited authorization to access and operate your advertising accounts on relevant platforms, including but not limited to Google Ads, Meta Business Suite, TikTok Ads Manager, LINE Ads Platform, Shopee, and Lazada Seller Center. This authorization is granted through each platform's official mechanisms (such as Google's Manager Account linking, Facebook Business Manager partner access, or OAuth-based API authorization).
3.2 Scope of Authorization
By granting authorization, you authorize us to:
- Create, modify, pause, resume, and delete advertising campaigns within your account
- Set and adjust budgets, bidding strategies, targeting, audiences, and creative assets
- Read campaign data and performance metrics through platform APIs (including the Google Ads API)
- Implement and adjust conversion tracking, attribution, and analytics integrations
- Communicate with platform support or representatives on your behalf as necessary
3.3 Account Ownership
You remain the sole owner of your advertising accounts and all data within them. Our authorization is operational only — we do not claim ownership of your account, your data, your ad creative (except as separately agreed), or your campaign results.
3.4 Revocation of Authorization
You may revoke our authorization at any time directly through the relevant platform (Google Ads, Meta Business Manager, etc.) and/or by notifying us in writing. Upon revocation, we will cease accessing the relevant account. Revocation does not relieve either party of obligations accrued prior to revocation (including outstanding fees).
4. API Usage
We use official advertising platform APIs to deliver our services efficiently, including:
- Google Ads API — used to read campaign data and performance metrics, and (where authorized) to make campaign changes
- Meta Marketing API — used to manage Facebook and Instagram advertising
- Other platform APIs — used as needed to deliver agreed services
Our use of these APIs is governed by:
- Each platform's own developer terms and acceptable use policies
- Our Privacy Policy
- The authorization scope granted by you
We will not use API access to perform actions outside the scope of services agreed with you, and we will not retain or use API data beyond the purposes described in our Privacy Policy.
5. Client Responsibilities
To enable us to deliver services effectively, you agree to:
- Provide accurate, complete, and timely information about your business, products, services, and target audiences
- Maintain valid billing methods on your advertising accounts and ensure sufficient funds are available for campaign spend
- Comply with all applicable advertising platform policies (Google Ads Policies, Meta Advertising Standards, etc.)
- Comply with all applicable laws and regulations regarding your products, services, and advertising in the jurisdictions you operate
- Hold all necessary rights and licenses to any creative materials, trademarks, logos, or copyrighted content you provide for use in advertising
- Review and approve campaign settings, budgets, and creative as reasonably required
- Respond to our requests for information, approvals, or decisions in a reasonable timeframe
6. Fees and Payment
Service fees, retainer amounts, performance fees, and payment terms are documented in the applicable service agreement or quotation. Unless otherwise agreed:
- Advertising spend (media cost) is paid directly by you to the platforms (Google, Meta, etc.) using your own billing method, and is separate from our agency fees
- Agency fees are invoiced monthly or as specified in the agreement
- Invoices are payable within 15 days of issue unless otherwise agreed
- Late payments may result in suspension of services until amounts are settled
7. Confidentiality
Each party agrees to keep confidential any non-public business information disclosed by the other party in connection with our services, and to use such information only for the purposes of our engagement. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
8. Intellectual Property
Unless otherwise agreed in writing:
- You retain ownership of materials you provide to us (logos, brand assets, product information, etc.)
- Upon full payment, you receive a license to use the deliverables we create for you in connection with the agreed campaigns
- We retain ownership of our pre-existing methodologies, frameworks, templates, and internal tools
- We may, with your reasonable consent, reference our engagement with you for portfolio and marketing purposes
9. No Guarantee of Specific Results
Digital advertising performance depends on many factors outside our reasonable control, including market conditions, competition, platform algorithm changes, product quality, pricing, and end-user behavior. We will use professional skill and care to maximize the effectiveness of your campaigns, but we cannot and do not guarantee specific results such as a minimum number of clicks, leads, conversions, return on ad spend (ROAS), or revenue.
10. Limitation of Liability
To the maximum extent permitted by Thai law:
- Our services are provided "as is" without warranties beyond those expressly given in writing
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption
- Our total liability arising out of or relating to our services is limited to the agency fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim
- Nothing in these Terms excludes liability for fraud, willful misconduct, or any liability that cannot be excluded by law
11. Term and Termination
The duration of our engagement is set out in the applicable service agreement. Unless otherwise specified:
- Either party may terminate the engagement on 30 days' written notice
- Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice
- Upon termination, we will cooperate in good faith to transition account management back to you or to your next provider
- Outstanding fees for services rendered prior to termination remain payable
12. Compliance with Platform Policies
We operate in compliance with the developer terms and advertising policies of the platforms we use, including but not limited to:
- Google Ads Policies and Google API Services User Data Policy (including the Limited Use requirements)
- Meta Platform Terms and Advertising Standards
- TikTok Advertising Policies and Marketing API Terms
- LINE Advertising Guidelines
If a platform suspends, restricts, or terminates access to its services or APIs, our ability to deliver related services may be affected accordingly.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Kingdom of Thailand. Any dispute arising out of or relating to these Terms or our services will be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand, unless the parties mutually agree to submit a dispute to arbitration.
14. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect the most recent revision. We will use reasonable efforts to notify active clients of material changes. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be directed to:
- Email: tk.kananithikul@gmail.com
- Company: Top Tier Group Company Limited
- Location: Bangkok, Thailand