Terms of service
Last updated: July 4, 2023
These Terms of Service ("Terms") govern the use of digital marketing products and services (collectively referred to as the "Services") provided by Ink and Graphic Studios (referred to as the "Agency," "we," or "us"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must not use our Services.
Description of Services
1.1 The Agency offers a range of digital marketing Services, including but not limited to search engine optimization, social media marketing, pay-per-click advertising, content marketing, email marketing, and website development.
1.2 The specific details, features, and pricing of each Service are outlined on our website or as agreed upon in writing.User Responsibilities
2.1 You are responsible for providing accurate and up-to-date information necessary for the provision of the Services.
2.2 You agree to comply with all applicable laws, regulations, and industry standards while using our Services.
2.3 You are solely responsible for the content and materials you provide or use in connection with the Services, including adherence to intellectual property rights and legal requirements.Payment and Fees
3.1 The fees for our Services are specified on our website or as agreed upon in writing.
3.2 Payment terms, including frequency and method of payment, will be communicated to you prior to the commencement of the Services.*
3.3 All fees are non-refundable unless otherwise stated in these Terms or as agreed upon in writing.Intellectual Property
4.1 The Agency retains all rights, title, and interest in and to its intellectual property, including but not limited to trademarks, copyrights, trade secrets, and proprietary methodologies used in providing the Services.*
4.2 You are granted a limited, non-exclusive, non-transferable license to use the Agency's intellectual property solely for the purpose of receiving the Services.Confidentiality
5.1 Any confidential information shared between you and the Agency shall be kept confidential and used solely for the purpose of receiving the Services.
5.2 The Agency will take reasonable measures to protect your confidential information; however, the Agency shall not be liable for any unauthorized access or disclosure of such information beyond its reasonable control.Limitation of Liability
6.1 To the fullest extent permitted by law, the Agency shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or business opportunities arising from the use or inability to use the Services.
6.2 The Agency's total liability, whether in contract, tort, or otherwise, arising out of or in connection with the Services shall not exceed the total amount paid by you for the specific Service giving rise to the claim.Termination
7.1 Either party may terminate the Services at any time by providing written notice to the other party.
7.2 Upon termination, you shall immediately cease using the Services, and any outstanding fees or obligations shall become due and payable.Modifications to the Terms
8.1 The Agency reserves the right to modify or update these Terms at any time by posting the revised Terms on its website or notifying you in writing.
8.2 Your continued use of the Services after the posting of any modifications to the Terms constitutes your acceptance of such modifications.Third-Party Services and Links
9.1 Our Services may incorporate third-party services, platforms, or links for additional functionality or convenience. These third-party services may have their own terms and conditions, and you agree to comply with them.
9.2 The Agency does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites, services, or platforms.Governing Law and Jurisdiction
11.1 Any dispute arising out of or relating to these Terms, our services, or the relationship between you and the Agency shall be governed by the laws of [Jurisdiction].
11.2 You agree that any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the courts located in [Jurisdiction]. *
11.3 You consent to the personal jurisdiction and venue of such courts and waive any objection or defense based on lack of personal jurisdiction or venue.Alternative Dispute Resolution (ADR)
12.1 The Agency and you agree to make reasonable efforts to resolve any disputes or claims arising out of or relating to these Terms or our services through good-faith negotiation.
12.2 If the dispute or claim cannot be resolved through negotiation, the parties may agree to pursue alternative dispute resolution methods such as mediation or arbitration.Mediation
13.1 If the parties agree to pursue mediation, they shall engage in a non-binding mediation process with a mutually agreed-upon mediator.
13.2 The costs and fees associated with the mediation process shall be shared equally between the parties, unless otherwise agreed upon.*Arbitration
14.1 If the parties agree to pursue arbitration, any dispute or claim arising out of or relating to these Terms or our services shall be finally settled by binding arbitration in accordance with the rules of [Arbitration Institution].
14.2 The arbitration proceedings shall be conducted by a single arbitrator appointed in accordance with the rules of [Arbitration Institution].*
14.3 The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.Waiver of Class Action
15.1 You and the Agency agree that any dispute resolution proceedings, whether through negotiation, mediation, arbitration, or litigation, shall be conducted on an individual basis.
15.2 You waive any right to participate in any class, collective, or representative actions against the Agency.Attorney's Fees*
16.1 In the event of any dispute or litigation arising out of or relating to these Terms or the services provided by Ink and Graphic Studios (referred to as the "Agency," "we," or "us"), the party initiating the legal action (referred to as the "Initiating Party") shall be responsible for all fees, costs, and expenses incurred in connection with such proceedings, including but not limited to attorney's fees, court costs, and any other related expenses.16.2 The Initiating Party acknowledges and agrees that by initiating any legal action against the Agency, they bear the responsibility for covering all associated fees and costs, regardless of the outcome of the dispute or litigation. This provision applies whether the dispute is resolved through negotiation, mediation, arbitration, or court proceedings.
Severability
17.1 If any provision of these Terms regarding litigation is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.Entire Agreement
11.1 These Terms constitute the entire agreement between you and the Agency regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
11.2 Any waiver of any provision of these Terms must be in writing and signed by the Agency to be valid.
By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you have any questions or concerns, please contact us at inkandgraphic@gmail.com.