Effective Date: February 4, 2025
Please read these Terms of Service (“Terms”) carefully before using www.adffect.com or any services provided by Adffect (“we,” “us,” or “our”). By accessing our website or using our services, you agree to be bound by these Terms.
1. Services
Adffect provides digital marketing services including but not limited to search engine optimization (SEO), pay per click advertising, social media marketing, content marketing, email marketing, website design, and marketing analytics.
The specific services to be provided will be outlined in a separate Service Agreement or Statement of Work between you and us. These Terms govern the general relationship between you and us in connection with our services.
2. Client Responsibilities
You agree to:
Provide accurate and complete information necessary for us to perform our services.
Respond to our requests for information, approvals, and feedback in a timely manner.
Ensure that all content you provide to us does not infringe on any third party intellectual property rights.
Comply with all applicable laws and regulations related to your business and marketing activities.
Maintain the confidentiality of any account credentials or access information we provide to you.
3. Payment Terms
Payment terms will be specified in your Service Agreement. Unless otherwise agreed:
Invoices are due within 30 days of the invoice date.
Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.
We reserve the right to suspend services for accounts that are more than 30 days past due.
All fees are non refundable unless otherwise specified in your Service Agreement.
4. Intellectual Property
Client Content: You retain all ownership rights in content you provide to us. You grant us a non exclusive license to use, modify, and display such content solely for the purpose of providing our services.
Our Work Product: Unless otherwise agreed in writing, we retain ownership of all methodologies, tools, templates, and general knowledge developed in the course of providing services. You will receive a license to use deliverables created specifically for you.
Third Party Materials: Some deliverables may include third party materials (such as stock images or fonts) that are subject to separate license terms. We will inform you of any such materials and their associated terms.
5. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our engagement. This obligation does not apply to information that: is publicly available, was already known to the receiving party, is independently developed, or is required to be disclosed by law.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADFFECT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
7. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
We do not guarantee specific results from our digital marketing services. Marketing outcomes depend on many factors outside our control, including market conditions, competition, and your products or services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Adffect and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising out of: your use of our services, your breach of these Terms, your violation of any law or the rights of any third party, or content you provide to us.
9. Term and Termination
These Terms remain in effect until terminated. Either party may terminate the service relationship as specified in the applicable Service Agreement.
Upon termination: you will pay for all services rendered through the termination date, we will provide you with any deliverables completed as of the termination date, and both parties will return or destroy confidential information of the other party.
Provisions that by their nature should survive termination will remain in effect, including intellectual property, confidentiality, limitation of liability, and indemnification provisions.
10. Dispute Resolution
Any disputes arising out of or relating to these Terms or our services will first be attempted to be resolved through good faith negotiation. If negotiation fails, the dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in McAllen, Texas.
You agree to waive any right to participate in a class action lawsuit or class wide arbitration against us.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
13. Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between you and us regarding our services and supersede any prior agreements or understandings.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Contact Information
For questions about these Terms, please contact us:
Adffect
10113 N 10th St #54 McAllen, TX 78504
Email: [email protected]
Phone: 1-218-384-1809