Terms and Conditions
Note: Once the project begins, the following terms are applied automatically
Web Design and Development Services Terms and Conditions
**1. Definitions**
– *Agency:* Refers to [Agency Name], a web design and development agency.
– *Client:* Refers to the entity or individual requesting services.
– *Services:* Web design, development, maintenance, SEO, or any other agreed-upon services.
– *Project:* The scope and specifications agreed upon in the Project Proposal or Work Agreement.
**2. Project Scope and Deliverables**
– The Agency will provide services as outlined in the Project Proposal. Any additional work outside the agreed scope will require a separate agreement and may incur additional fees.
– The Agency reserves the right to adjust timelines and resources as necessary to ensure quality and compliance with the Client’s requirements.
**3. Payment Terms**
– All payments must be made as per the agreed schedule in the Project Proposal or Work Agreement.
– A non-refundable deposit of [percentage]% is required before the start of any project.
– Failure to make timely payments will result in a halt of work until payment is received. Delayed payment may affect the project timeline.
– The Agency retains the right to charge interest on any overdue amounts at [interest rate]% per month.
**4. Ownership and Intellectual Property Rights**
– The Agency retains ownership of all intellectual property, including but not limited to designs, code, graphics, and content until full payment is received.
– Upon full payment, the Client will own the final deliverables. However, the Agency retains a non-exclusive license to use the deliverables for portfolio and promotional purposes.
– Custom code, plugins, or designs created by the Agency remain the Agency’s intellectual property and may not be reused, resold, or distributed without permission.
**5. Confidentiality**
– Both parties agree to keep all confidential information disclosed by the other party private and secure.
– The Agency reserves the right to use the Client’s project for portfolio purposes unless a written request for non-disclosure is provided.
**6. Limitation of Liability**
– The Agency is not responsible for any indirect, special, consequential, or punitive damages arising from the Client’s use of the website.
– The Agency’s total liability under or in connection with this agreement, whether in contract, tort, or otherwise, will not exceed the total amount paid by the Client for the project.
**7. Warranties and Disclaimers**
– The Agency warrants that all work performed will be original, and to the best of its knowledge, will not infringe on any third-party rights.
– No warranties, express or implied, are made regarding the website’s functionality, usability, or ability to generate revenue, nor regarding any SEO, traffic, or rankings performance.
**8. Third-Party Services and Plugins**
– The Agency may use third-party plugins, themes, or services. Any costs associated with third-party tools will be the responsibility of the Client.
– The Agency is not responsible for updates, compatibility issues, or potential risks related to third-party services used in the project.
**9. Termination and Suspension of Services**
– Either party may terminate the project by providing [days] days’ written notice. Termination by the Client requires payment for work completed up to the date of termination.
– The Agency reserves the right to terminate or suspend services if the Client breaches any term of this agreement, especially in the case of non-payment or failure to provide necessary materials.
**10. Client Responsibilities**
– The Client agrees to provide timely access to information, content, and feedback necessary for project completion.
– The Client is responsible for reviewing, testing, and approving deliverables. The Agency is not liable for any issues or errors discovered after project approval and launch.
**11. Post-Launch Support and Maintenance**
– Post-launch support is available for [X] days at no additional cost. After this period, maintenance or support will incur additional fees.
– Any updates, repairs, or maintenance requested after launch, or resulting from changes made by the Client, will be billed at the Agency’s standard hourly rate.
**12. Amendments and Revisions**
– Any requested revisions outside the original scope will be billed separately.
– Revisions are limited to [number] rounds and must be requested within [time frame] of receiving deliverables.
**13. Governing Law and Dispute Resolution**
– This agreement is governed by the laws of [jurisdiction]. Any disputes arising will be resolved in the courts of [jurisdiction].
– In the event of a dispute, both parties agree to attempt mediation before proceeding to litigation.
**14. Indemnification**
– The Client agrees to indemnify and hold harmless the Agency, its employees, and agents from any claims, liabilities, losses, or damages resulting from the Client’s use of the deliverables.
**15. Entire Agreement**
– This agreement constitutes the entire understanding between the Agency and the Client and supersedes all prior discussions, agreements, or understandings.
– Any changes or additions to this agreement must be made in writing and signed by both parties.
**16. Support Services**
– The Agency’s services do not include ongoing support unless specified in a separate, monthly support agreement.
– Support services can be provided on a monthly retainer basis. Without this, any assistance beyond the initial project completion will incur additional charges at the Agency’s standard rate.
**17. Additional Services or Products**
– Any service, product, or feature requested outside of the original project scope will be billed separately, based on actual costs and additional effort required.
– The Agency will inform the Client of any additional charges before proceeding with the work.
**18. Communication Policy**
– The Agency requests that any issues, concerns, or feedback be communicated professionally via email rather than through messaging platforms such as WhatsApp.
– The Agency commits to responding within 24 hours on business days unless an emergency arises.
– The preferred method of communication is email. Scheduled meetings will be conducted via Zoom, Google Meet, or Microsoft Teams.
**19. Assigned Point of Contact**
– The Client agrees to designate a single point of contact from their team to communicate with the Agency.
– Any unassigned individuals contacting the Agency will be directed to communicate via the designated point of contact only.
**20. Ownership and Disassociation**
– All content, code, graphics, and other materials created and provided to the Client as part of the project are owned by the Client once full payment is received.
– The Agency, including all affiliated teams such as Marketist, Naxsol, or individual team members, has no association, liability, or responsibility for the Client’s business activities, content, or operations post-delivery.
**21. Access and Security**
– The Client is responsible for the security and management of all access credentials, including usernames and passwords.
– The Agency and its affiliated entities are not liable for any unauthorized access, security breaches, or other issues that may arise if credentials are shared with third parties.
**22. Modification of Terms and Conditions**
These terms and conditions are subject to modification as needed. Marketist reserves the right to change these terms and conditions at any time without prior notification.
These terms apply to all current and previous projects.
The Client can review the updated terms at any time on this page
These terms are designed to ensure clarity regarding the responsibilities and boundaries of the Agency. They serve as a mutual agreement to encourage professional, organized, and secure communication and operations.
These terms and conditions provide a structured foundation to manage expectations, reduce misunderstandings, and protect the Agency in the event of any disputes or issues. For full compliance and effectiveness, we recommend a legal review.
Others:
- Quote/Proposal sent is valid for 15 days only after it is sent.
- Every website type is different blog, business and ecommerce website.
- Website designed by Marketist does not promise any kind of sale.
- It does not include content of any type (Written, Images, Videos or other)
- Special Package is customized which is designed for 1 customer and it is a limited time offer.
- Duration of project is decided prior to project start [It all depends on the provision of content by the client, project can take more time than committed verbally or in written]
- The website if for informational and digital presence purpose and it does not promise any sales.
- Special Package is customized which is designed for 1 customer and it is a limited time offer.
Here’s a comprehensive set of terms and conditions specifically tailored for SEO services, covering responsibilities, payment, confidentiality, and other critical aspects to protect the agency. Adjust these to suit specific operations, jurisdictional needs, and ensure they align with best practices for SEO projects.
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### SEO Services Terms and Conditions
**1. Definitions**
– *Agency:* Refers to [Agency Name], an SEO services provider.
– *Client:* The entity or individual requesting SEO services.
– *Services:* SEO consulting, on-page optimization, off-page optimization, content creation, keyword research, or other SEO-related activities.
– *Project:* The SEO work agreed upon in the Project Proposal or Work Agreement.
**2. Scope of Services**
– The Agency will deliver SEO services as outlined in the Project Proposal. Any work outside this scope will require a separate agreement and may incur additional fees.
– SEO results are influenced by multiple factors outside the Agency’s control, including algorithm changes, competitor activities, and market trends. As such, the Agency does not guarantee specific rankings or traffic levels.
**3. Payment Terms**
– Payments are due as per the schedule in the Project Proposal or Work Agreement.
– An initial, non-refundable deposit of [percentage]% is required before the start of any SEO project.
– Late payments may lead to a pause in services, affecting progress and timelines. The Agency reserves the right to charge interest on overdue amounts at [interest rate]% per month.
**4. Ownership and Intellectual Property Rights**
– The Agency retains ownership of all deliverables, including but not limited to SEO strategies, content, and optimization materials, until full payment is received.
– Upon full payment, the Client owns the deliverables but grants the Agency a non-exclusive license to use anonymized results and strategies for portfolio and case studies.
**5. Confidentiality**
– Both the Client and the Agency agree to keep all confidential information private and secure.
– The Agency may use anonymized data from the Client’s project for performance analysis and improvement purposes.
**6. Limitation of Liability**
– The Agency is not liable for indirect, special, consequential, or punitive damages related to the Client’s use of SEO deliverables or strategies.
– The Agency’s total liability will not exceed the total amount paid by the Client for the project.
**7. Warranties and Disclaimers**
– The Agency provides no warranties regarding specific ranking positions, traffic volumes, or lead generation, given that SEO results depend on variables outside the Agency’s control.
– No warranties, express or implied, are made regarding the longevity or maintenance of SEO results once the project concludes.
**8. Third-Party Services and Tools**
– The Agency may utilize third-party tools, software, and services as part of the SEO strategy. Any associated costs will be the responsibility of the Client.
– The Agency is not responsible for any issues arising from changes or updates to third-party tools or services.
**9. Termination of Services**
– Either party may terminate the project by providing [days] days’ written notice. Termination by the Client requires payment for all work completed up to the termination date.
– If the Client fails to meet payment deadlines, the Agency may suspend or terminate services.
**10. Client Responsibilities**
– The Client agrees to provide necessary access to their website, including login credentials and hosting information.
– The Client is responsible for reviewing and approving SEO content, and for maintaining their website. The Agency is not responsible for negative impacts resulting from the Client’s failure to implement SEO recommendations.
**11. Communication Policy**
– Any issues or questions should be communicated professionally via email, with a response time of 24 hours on business days.
– Scheduled meetings will be conducted via Zoom, Google Meet, or Microsoft Teams, with one designated point of contact from the Client’s team.
**12. Monthly Support**
– Support services beyond the initial project are available on a monthly retainer. Without a support agreement, additional assistance or follow-up work will be billed separately.
**13. Data Security**
– The Client is responsible for keeping access credentials secure and should not share credentials with unauthorized parties.
– The Agency is not liable for security breaches due to shared access or third-party access to the website.
**14. Modification of Terms and Conditions**
– *These terms and conditions are subject to modification as needed. The Agency reserves the right to change these terms and conditions at any time without prior notification.*
– *These terms apply to all current and previous projects.*
– *The Client can review updated terms at any time [here/link to terms page].*
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*These terms are designed to ensure clarity regarding the responsibilities and boundaries of the Agency, providing a mutual agreement that supports professional, secure, and organized SEO operations.*
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*These terms and conditions establish a framework for managing expectations, reducing misunderstandings, and protecting the Agency in any disputes. We recommend a legal review for full compliance and effectiveness.*
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This covers the key aspects of an SEO service agreement, emphasizing professionalism, security, and the shared responsibilities between the Agency and Client.
Here is a set of terms and conditions specific to Google Ads services, providing clarity on responsibilities, billing, communication, and protections for the agency. These can be adapted to address jurisdictional requirements and agency policies.
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### Google Ads Services Terms and Conditions
**1. Definitions**
– *Agency:* Refers to [Agency Name], providing Google Ads management services.
– *Client:* The individual or entity requesting Google Ads services.
– *Services:* Includes Google Ads account setup, management, optimization, ad copy creation, keyword research, bid adjustments, and reporting as specified in the Project Proposal.
– *Project:* The agreed-upon scope of Google Ads services as outlined in the signed Project Proposal or Work Agreement.
**2. Scope of Services**
– The Agency will manage and optimize Google Ads campaigns as per the scope detailed in the Project Proposal. Any additional requests outside this scope will be considered separate services and may incur additional charges.
– Google Ads performance is subject to various factors outside the Agency’s control, including ad auction dynamics, competitor actions, and seasonal trends. Therefore, the Agency cannot guarantee specific results such as conversions or click-through rates.
**3. Payment Terms**
– The Client will pay all fees according to the schedule outlined in the Project Proposal.
– Payment for Google Ads management services is separate from Google Ads budget costs. The Client is responsible for all ad spend, which will be paid directly to Google.
– An initial deposit of [percentage]% is required to start services. Late payments may lead to a suspension of services, which can impact campaign performance.
**4. Campaign Ownership and Intellectual Property Rights**
– The Client will own the Google Ads account and all data within it, subject to full payment for services rendered.
– The Agency retains the right to use anonymized data from the campaign for case studies or portfolio purposes.
**5. Confidentiality**
– Both the Client and the Agency agree to maintain confidentiality of all proprietary information.
– The Agency may use non-identifiable results from the Client’s campaign for internal performance analysis and service improvements.
**6. Limitation of Liability**
– The Agency is not liable for indirect, special, incidental, consequential, or punitive damages arising from the use of Google Ads services.
– The Agency’s liability is limited to the total amount paid by the Client for the project.
**7. Warranties and Disclaimers**
– The Agency does not guarantee specific campaign performance metrics due to the variable nature of paid advertising.
– No implied warranties are made regarding ad placement, conversion rates, or return on ad spend (ROAS).
**8. Third-Party Services**
– The Agency may use third-party tools or platforms to support Google Ads management. Any additional costs for such tools will be the Client’s responsibility, with prior approval.
– The Agency is not responsible for any issues resulting from third-party tools or Google’s platform changes.
**9. Termination of Services**
– Either party may terminate the project with [days] days’ written notice. If the Client terminates the agreement, they are responsible for paying for work completed up to the termination date.
– If the Client fails to make payments on time, the Agency reserves the right to suspend or terminate services, which may impact campaign performance.
**10. Client Responsibilities**
– The Client must provide necessary access to the Google Ads account, billing information, and any other relevant resources.
– The Client is responsible for timely review and approval of ad content and for any delays resulting from a lack of prompt communication or decision-making.
**11. Communication Policy**
– For clarity and efficiency, the Agency requests all communication regarding project feedback, updates, and concerns to be conducted professionally via email.
– The Agency will respond to emails within 24 hours on business days. Meetings can be scheduled on Zoom, Google Meet, or Microsoft Teams. The Client will designate a single point of contact for communications.
**12. Monthly Support**
– Ongoing support beyond the initial project is available on a monthly retainer basis. Without a retainer, any additional assistance requested after the project’s conclusion will incur extra charges.
**13. Data Security**
– The Client is responsible for securing account credentials. Unauthorized access or data breaches due to shared login credentials or access permissions will be the Client’s responsibility.
– The Agency is not liable for any security breaches or issues arising from the Client’s failure to manage account security.
**14. Modification of Terms and Conditions**
– *These terms and conditions are subject to modification as needed. The Agency reserves the right to change these terms and conditions at any time without prior notification.*
– *These terms apply to all current and previous projects.*
– *The Client can review updated terms at any time [here/link to terms page].*
—
*These terms are designed to ensure clarity regarding the responsibilities and boundaries of the Agency, promoting a mutually respectful and professional engagement.*
—
*These terms and conditions create a structured foundation for managing expectations, reducing misunderstandings, and protecting the Agency in case of disputes. A legal review is recommended to ensure full compliance and effectiveness.*
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This setup provides protections tailored to Google Ads services, clarifying project scope, payment responsibilities, and liability limitations for the agency.
Will be updated Soon!
Terms and Conditions can be changed at any time without any prior notice.
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