Terms and Conditions
Welcome to the Terms and Conditions for 415 Digital Marketing (“we,” “us,” or “our”). By accessing or using our website (www.415digitalmarketing.digital) or engaging our services, you (“client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree, do not use our website or services.
1. Services
415 Digital Marketing provides digital marketing services, including but not limited to Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, social media management, content marketing, and email marketing. All services are subject to the terms outlined in individual service agreements or contracts signed by both parties. We reserve the right to modify or discontinue services with reasonable notice.
2. Client Responsibilities
To ensure successful delivery of services, you agree to:
- Provide accurate, complete, and timely information, including account access, content, and feedback as requested.
- Comply with all applicable laws, regulations, and third-party platform policies (e.g., Google, Meta).
- Pay all fees as outlined in the service agreement, on time and in full.
Failure to meet these responsibilities may result in delays, additional costs, or suspension of services.
3. Payment Terms
- Fees: All fees for services will be detailed in the service agreement. Unless otherwise stated, fees are quoted in U.S. dollars and exclude applicable taxes.
- Payment Schedule: Payments are due as specified in the service agreement (e.g., monthly, upfront, or upon project milestones).
- Late Payments: Overdue payments may incur a late fee of 1.5% per month on the outstanding balance or the maximum allowed by law, whichever is lower.
- Refunds: Services are non-refundable except as explicitly stated in the service agreement.
4. Intellectual Property
- Our Materials: All content, tools, and intellectual property created or used by 415 Digital Marketing remain our property unless otherwise agreed in writing.
- Client Materials: You grant us a non-exclusive, royalty-free license to use, modify, and distribute any content you provide (e.g., logos, text, images) for the purpose of delivering services.
- Deliverables: Upon full payment, deliverables (e.g., ad copy, website content) created specifically for you will be transferred to you, subject to any third-party restrictions.
5. Confidentiality
We will treat all non-public information you provide as confidential and use it solely for delivering services. You agree to treat our proprietary methods, tools, and processes as confidential. This obligation survives the termination of any service agreement.
6. Limitation of Liability
To the fullest extent permitted by law, 415 Digital Marketing shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from the use of our services or website. Our total liability shall not exceed the fees paid by you for the specific service in question.
7. Warranties and Disclaimers
We warrant that services will be performed with reasonable care and skill. However, we do not guarantee specific results (e.g., search engine rankings, sales increases) due to factors beyond our control, such as algorithm changes or market conditions. Our website and services are provided “as is” without warranties of any kind, express or implied, except as required by law.
8. Termination
Either party may terminate a service agreement with written notice as specified in the agreement (typically 30 days). Upon termination, you are responsible for payment of all services rendered up to the termination date. We may suspend or terminate services immediately for non-payment or breach of these Terms.
9. Indemnification
You agree to indemnify and hold harmless 415 Digital Marketing, its employees, and affiliates from any claims, damages, or liabilities arising from your use of our services, violation of these Terms, or infringement of any third-party rights.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws principles. Any disputes shall be resolved through good-faith negotiation. If unresolved, disputes will be settled in the state or federal courts of San Francisco, California.
11. Changes to Terms
We may update these Terms periodically. The most current version will be posted on our website with the effective date. Continued use of our services or website after changes constitutes acceptance of the updated Terms.
12. Third-Party Services
Our services may involve third-party platforms (e.g., Google Ads, Meta). You are responsible for complying with their terms and policies. We are not liable for changes, interruptions, or restrictions imposed by third parties.
13. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to natural disasters, cyberattacks, or third-party service outages.
14. Contact Information
For questions about these Terms, contact us at:
415 Digital Marketing
20 WINFIELD LN
WALNUT CREEK, CA 94595
Email: ads@415digitalmarketing.digital
Phone: (925) 387 2300
By engaging with 415 Digital Marketing, you acknowledge that you have read, understood, and agree to these Terms and Conditions.