Digital Marketing Company Terms of Use
Table of Contents
- Acceptance of Terms
- Description of Services
- User Responsibilities
- Intellectual Property Rights
- Payment and Billing
- Termination of Services
- Limitation of Liability
- Disclaimer of Warranties
- Indemnification
- Governing Law and Jurisdiction
- Changes to Terms of Use
- Confidentiality
- Ownership of Work Product
- Data Protection and Privacy
- Force Majeure
- Severability
- Assignment
- Entire Agreement
- Contact Information
1. Acceptance of Terms
By accessing or using our digital marketing services, you agree to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our services. The materials contained in our website and services are protected by applicable copyright and trademark law. These Terms of Use apply to all users of our services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these terms carefully before accessing or using our services. By accessing or using any part of our services, you agree to be bound by these Terms of Use.
2. Description of Services
Our digital marketing company provides a wide range of services including, but not limited to, search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content creation, email marketing, web design and development, and analytics reporting. The specific services to be provided will be outlined in a separate agreement or statement of work. We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. You acknowledge that the services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and we are not responsible for any delays, delivery failures, or other damage resulting from such problems.
3. User Responsibilities
You are responsible for providing accurate and complete information necessary for the performance of our services. This includes, but is not limited to, website access, social media account credentials, and any other relevant data or content. You agree to respond promptly to our requests for information or approvals necessary to perform the services. You are solely responsible for the content of your website and any materials you provide to us for use in our services. You warrant that you have the right to use all such content and materials and that they do not infringe on any third party’s intellectual property rights. You agree to maintain the confidentiality of any passwords or account information related to our services and to notify us immediately of any unauthorized use of your account.
4. Intellectual Property Rights
All content included as part of the services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of our company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site or in our services. Our content is not for resale. Your use of the services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
5. Payment and Billing
You agree to pay all fees associated with our services as outlined in our separate agreement or statement of work. All fees are due and payable in advance of each billing cycle unless otherwise stated. You agree to provide us with accurate and complete billing information, including valid credit card details, if applicable. If automatic billing fails for any reason, we may issue an electronic invoice indicating that payment is due immediately. Unpaid accounts may be subject to suspension or termination of services at our discretion. You agree to pay all amounts due upon termination of services for any reason. We reserve the right to change our fees upon notice. Continued use of our services after such notice constitutes your acceptance of the new fees.
6. Termination of Services
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use our services will immediately cease. If you wish to terminate your agreement with us, you may simply discontinue using our services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
7. Limitation of Liability
In no event shall our company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Our total liability for all claims made about our service in any month will be no more than what you paid us for the service the month before.
8. Disclaimer of Warranties
Our services are provided “as is” and “as available” without any representations or warranties, express or implied. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, or products included in our services. You expressly agree that your use of our services is at your sole risk. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant that our services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you from us or through our services shall create any warranty not expressly stated in these terms of use.
9. Indemnification
You agree to indemnify, defend and hold harmless our company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use our services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
10. Governing Law and Jurisdiction
These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state in which our company is headquartered, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of our headquarters. You waive any objection to venue in such courts. Any cause of action or claim you may have with respect to our services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
11. Changes to Terms of Use
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our services. We encourage you to periodically review this page for the latest information on our terms of use.
12. Confidentiality
During the course of our services, both parties may have access to confidential information. Both parties agree to maintain the confidentiality of any information marked as confidential or reasonably understood to be confidential. This includes, but is not limited to, business strategies, client lists, financial information, and proprietary methodologies. Both parties agree not to disclose such information to any third party without the express written consent of the other party. This obligation of confidentiality shall survive the termination of our services. Each party agrees to use the same degree of care in protecting the confidentiality of the other party’s information as it uses to protect its own confidential information.
13. Ownership of Work Product
Unless otherwise agreed in writing, all work product created by us in the course of providing our services shall remain our property. This includes, but is not limited to, software, graphics, written content, audio files, video files, and any other materials created by us. Upon full payment for our services, we grant you a non-exclusive, perpetual license to use the work product for your own business purposes. You may not resell, redistribute, or otherwise commercialize the work product without our express written permission. Any pre-existing intellectual property used in the creation of the work product shall remain the property of its respective owner.
14. Data Protection and Privacy
We are committed to protecting your privacy and handling your data in an open and transparent manner. We will collect and process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference. By using our services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy. You agree to provide accurate and current information when requested, and you agree to promptly update this information if it changes. We will take reasonable measures to protect the confidentiality and security of your personal information, but we cannot guarantee its absolute security due to the inherent risks of Internet transmission and storage.
15. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms of Use to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence. Such causes may include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. If a delay caused by force majeure continues for more than ninety (90) days, either party may terminate the agreement upon written notice to the other party.
16. Severability
If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. Such provision shall be deleted without affecting the remaining provisions herein, and the unenforceable or invalid provision shall be replaced with an enforceable and valid provision that comes closest to the intention underlying the unenforceable or invalid provision. If any provision is found to be unenforceable or invalid, the parties agree to modify such provision to make it enforceable and valid while achieving, to the extent possible, the original intent of the provision.
17. Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. We may assign or transfer these Terms of Use, at our sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right to perform any or all of our obligations under these Terms of Use through third-party contractors or affiliates.
18. Entire Agreement
These Terms of Use, together with our Privacy Policy and any other legal notices published by us on our website, shall constitute the entire agreement between you and us concerning our services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
19. Contact Information
If you have any questions about these Terms of Use, please contact us using the contact information provided on our website. We will make every effort to respond to your inquiries in a timely manner. Please note that any communication with us does not constitute legal advice, and we recommend that you consult with a legal professional for any legal matters. We appreciate your cooperation and understanding in adhering to these Terms of Use, as they are designed to ensure a fair and productive relationship between our company and our valued clients.