Terms of Service

Effective Date: January 1, 2024
Last Updated: December 19, 2024

1. Acceptance of Terms

By engaging our Marketing and Development agency services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and our agency ("Company," "we," "us," or "our"). If you do not agree to these Terms, please do not use our services.

2. Services Description

2.1 Marketing Services

We provide comprehensive marketing services including but not limited to:

Digital marketing strategy and consultation
Search engine optimization (SEO)
Pay-per-click advertising (PPC)
Social media marketing and management
Content creation and marketing
Email marketing campaigns
Brand development and strategy
Market research and analytics

2.2 Development Services

Our development services include but are not limited to:

Website design and development
Mobile application development
E-commerce platform development
Custom software development
Database design and management
API development and integration
Maintenance and support services
Technical consultation

3. Client Responsibilities

3.1 Information and Materials

Provide accurate, complete, and timely information necessary for project completion
Supply all required content, images, and materials in agreed formats
Ensure all provided materials are legally owned or properly licensed
Respond to communications and requests within agreed timeframes

3.2 Access and Cooperation

Grant necessary access to existing systems, accounts, and platforms
Designate authorized personnel for project communication
Participate in scheduled meetings and reviews
Provide feedback in a timely manner

3.3 Legal Compliance

Ensure all business activities comply with applicable laws and regulations
Maintain necessary licenses and permits for your business operations
Comply with platform policies and guidelines (Google, Facebook, etc.)

4. Payment Terms

4.1 Pricing and Fees

All prices are quoted in USD unless otherwise specified
Pricing is subject to change anytime
Additional services not included in the original scope will be billed separately

4.2 Payment Schedule

Retainer or deposit required before project commencement
Monthly recurring services billed in advance
Project-based work may require milestone payments
Final payment due within 30 days of project completion

4.3 Late Payments

Late payments may incur a 1.5% monthly service charge
Services may be suspended for accounts 30+ days overdue
Client responsible for all collection costs and legal fees

4.4 Refund Policy

All payments are non-refundable unless otherwise agreed to in writing
Refunds, if any, are at the sole discretion of 8Media
Work completed and delivered will not be eligible for refund
Any approved refunds will be processed within 30 business days

5. Intellectual Property

5.1 Client-Owned Content

Client retains ownership of all pre-existing content and materials
Client grants us license to use materials solely for project purposes
Client responsible for ensuring proper licensing of all provided materials

5.2 Work Product

Upon full payment, Client receives ownership of custom-developed work
Pre-existing tools, templates, and methodologies remain our property
We retain the right to use general knowledge and experience gained

5.3 Third-Party Materials

Third-party software, platforms, and tools subject to respective licenses
Client responsible for ongoing licensing fees for third-party services
We are not liable for third-party service interruptions or changes

6. Confidentiality

6.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of:

Proprietary business information
Trade secrets and methodologies
Client data and customer information
Financial information and pricing details

6.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available or becomes public through no breach of this agreement
Is independently developed without use of confidential information
Is required to be disclosed by law or court order

7. Data Protection and Privacy

7.1 Data Handling

We collect and process data in accordance with applicable privacy laws
Client data is used solely for providing agreed services
We implement reasonable security measures to protect data
Data breaches will be reported according to legal requirements

7.2 Client Data Rights

Clients retain ownership of their business data
Upon request, we will return or destroy client data (subject to legal retention requirements)
Clients are responsible for compliance with their own privacy obligations

8. Limitation of Liability

8.1 Service Limitations

We provide services on an "as is" basis
No guarantee of specific results or outcomes
Marketing results depend on various factors beyond our control
We are not liable for third-party platform changes or issues

8.2 Liability Cap

Our total liability is limited to the amount paid for services in the preceding 12 months
We are not liable for indirect, consequential, or punitive damages
This limitation applies regardless of the cause of action

9. Warranties and Disclaimers

9.1 Service Warranties

We warrant that:

Services will be performed with professional skill and care
Work will substantially conform to agreed specifications
We have the right and authority to provide the services

9.2 Disclaimers

We disclaim all other warranties, including:

Warranties of merchantability or fitness for a particular purpose
Guarantees of specific marketing results or metrics
Warranties regarding third-party services or platforms

10. Termination

10.1 Termination Rights

Either party may terminate services:

With 30 days' written notice for ongoing services
Immediately for material breach of terms
Immediately if the other party becomes insolvent

10.2 Effect of Termination

Upon termination:

Client pays for all services provided through termination date
We will provide transition assistance as reasonably requested
Confidentiality obligations survive termination
Client receives deliverables for paid services

11. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:

Natural disasters and acts of God
Government actions and regulations
Labor disputes and strikes
Technical failures and cyber attacks
Pandemic or health emergencies

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

12.2 Dispute Resolution

Initial disputes should be addressed through good faith negotiation
Unresolved disputes subject to binding arbitration
Arbitration conducted under rules of [Arbitration Organization]
Each party bears their own costs unless otherwise awarded

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement and supersede all prior agreements and understandings.

13.2 Modifications

Terms may only be modified in writing, signed by both parties.

13.3 Severability

If any provision is deemed invalid, the remaining provisions remain in full effect.

13.4 Assignment

Neither party may assign rights or obligations without written consent, except we may assign to affiliates or in connection with a business transfer.

13.5 Relationship

The parties are independent contractors; no partnership, joint venture, or employment relationship is created.

14. Contact Information

For questions about these Terms of Service, please contact us at:

8media
Email: hello@8media.io

These Terms of Service are effective as of the date first written above and will remain in effect until modified or terminated in accordance with the provisions herein.