Terms of Service
1. Agreement to Terms
By engaging Emily June Photography LLC ("Agency," "we," "us") for digital marketing services, you ("Client") agree to be bound by these Terms of Service. These terms govern the relationship between the Agency and the Client for the provision of all services outlined in the agreed-upon Service Agreement or Statement of Work.
2. Services
The Agency agrees to provide digital marketing services as detailed in the Client's specific Service Agreement. Services may include, but are not limited to, Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising management, Social Media Marketing (SMM), and Content Marketing. The scope of work, deliverables, and specific objectives will be documented in the Service Agreement.
3. Timelines and Deliverables
The Agency will make every reasonable effort to meet the project timelines outlined in the Service Agreement. However, these timelines are estimates and are not guaranteed. Delays caused by the Client, such as failure to provide necessary information, content, or approvals, may result in an extension of the project timeline. The Agency is not liable for any damages resulting from such delays.
4. Payment Terms
The Client agrees to pay the fees as specified in the Service Agreement. Typically, services are billed on a monthly retainer basis, payable in advance of each service period. For project-based work, a payment schedule will be defined. All advertising spend (e.g., for Google Ads, Facebook Ads) is payable directly by the Client to the respective platform, unless otherwise specified. Invoices are due upon receipt. Late payments may result in a suspension of services and/or incur late fees.
5. Client Responsibilities
The Client agrees to provide the Agency with all necessary access to information, accounts, and assets required to perform the services. This includes, but is not limited to, access to website backends, analytics accounts, ad accounts, and brand assets. The Client is responsible for the accuracy and legality of all materials provided to the Agency.
6. Confidentiality
The Agency agrees to maintain the confidentiality of the Client's proprietary information, including business strategies, customer data, and campaign details. Similarly, the Client agrees to maintain the confidentiality of the Agency's proprietary methods, processes, and reporting formats.
7. Limitation of Liability and Disclaimer of Guarantees
The Agency will perform all services with professional skill and care. However, the Agency cannot and does not guarantee specific results from its digital marketing services. The digital marketing landscape is constantly changing and is influenced by factors beyond our control, such as search engine algorithm updates and competitor activities. Therefore, we do not guarantee a particular ranking, level of traffic, or number of conversions. The Agency's liability for any claim arising from our services is limited to the total amount of fees paid by the Client to the Agency in the preceding three (3) months.
8. Termination
Either party may terminate the Service Agreement with thirty (30) days' written notice. The Client is responsible for all fees incurred up to the date of termination. Upon termination, the Agency will return all Client-owned assets and credentials. The Agency reserves the right to terminate services immediately if the Client breaches these terms or engages in unlawful activities.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Emily June Photography LLC is registered, without regard to its conflict of law provisions.