Terms of Service
Effective Date: June 13, 2025
Last Updated: June 13, 2025
1. Acceptance of Terms
By accessing and using our website, services, or engaging with our marketing agency, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Services Description
Our marketing agency provides brand identity development, digital marketing campaigns, creative design services, strategic consulting, and related marketing solutions. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice
Service Scope Includes:
- Brand strategy and identity design
- Digital marketing campaign development
- Creative content creation
- Marketing technology consulting
- Performance analytics and reporting
3. Client Responsibilities
As a client, you agree to:
- Provide accurate, complete, and timely information necessary for project completion
- Respond to requests for feedback and approvals within agreed timeframes
- Ensure you have the rights to all materials provided to us
- Pay all fees according to the agreed payment schedule
- Maintain confidentiality of proprietary methodologies shared during our engagement
4. Intellectual Property Rights
All creative work, strategies, and deliverables created by our agency remain our intellectual property until full payment is received Upon full payment:
- Client-specific deliverables transfer to client ownership
- Our methodologies, processes, and tools remain our proprietary property
- Pre-existing intellectual property of either party remains with the original owner
- Joint developments require separate written agreement for ownership determination
5. Payment Terms and Billing
Payment Structure:
- Project deposits: 50% due upon contract signing
- Monthly retainers: Due on the 1st of each month
- Final payments: Due within 30 days of project completion
- Late fees: 1.5% per month on overdue amounts
We reserve the right to suspend services for accounts more than 30 days past due.
6. Limitation of Liability
To the maximum extent permitted by law, our liability is limited to the total amount paid for services in the 12 months preceding any claim. We are not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Third-party claims or actions
- Force majeure events beyond our reasonable control
7. Performance and Warranties
We warrant that our services will be performed with professional skill and care consistent with industry standards. However:
- Marketing results cannot be guaranteed due to market variables beyond our control
- Third-party platform performance (social media, advertising platforms) is not within our control
- Client cooperation and timely feedback are essential for optimal results
8. Confidentiality and Data Protection
Both parties agree to maintain strict confidentiality of sensitive business information. We implement reasonable security measures to protect client data and comply with applicable privacy laws.
Data Handling:
- Client data used solely for agreed services
- No sharing with third parties without explicit consent
- Secure storage and transmission protocols
- Right to data deletion upon request (subject to legal retention requirements)
9. Termination
Either party may terminate services with 30 days written notice. Upon termination:
- Outstanding fees become immediately due
- Work-in-progress will be delivered in current state
- Confidentiality obligations survive termination
- Intellectual property rights transfer according to payment status
Immediate Termination:
We reserve the right to terminate immediately for:
- Non-payment exceeding 30 days
- Breach of confidentiality
- Illegal or unethical business practices
- Abusive behavior toward our team
10. Dispute Resolution
All disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party is entitled to reasonable attorney fees and costs.
Escalation Process:
- Direct negotiation - 30 days good faith effort
- Mediation - If negotiation fails
- Arbitration - Final binding resolution
11. Governing Law
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any legal proceedings must be conducted in [Your Jurisdiction].
12. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, technology failures, or other force majeure events.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent website notice at least 30 days before taking effect. Continued use of our services constitutes acceptance of modified Terms.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
15. Contact Information
For questions about these Terms of Service:
Email: legal@[youragency].com
Phone: [Your Phone Number]
Address: [Your Business Address]
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.