SEM Digital Marketing

Terms of Service

 

1. Agreement to Terms

By accessing or using the website socialeyemedia.com (the “Website”) or engaging services from SEM Digital Marketing (“SEM,” “we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these terms, please do not use our website or services.

2. Services Offered

SEM Digital Marketing provides the following services:

  • Website design and development
  • Search Engine Optimization (SEO)
  • Digital marketing services
  • Related consulting and support services

Specific details of services will be outlined in individual service agreements or statements of work.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Service Agreements

4.1 Scope of Work

Each project will be defined in a separate service agreement, proposal, or statement of work that outlines:

  • Specific deliverables
  • Project timeline
  • Pricing and payment terms
  • Specific terms applicable to that project

4.2 Client Responsibilities

You agree to:

  • Provide timely access to necessary materials, accounts, and information.
  • Respond to requests for feedback and approvals promptly.
  • Provide accurate and complete information.
  • Ensure you have the rights to all materials you provide to us.
  • Maintain the confidentiality of the login credentials we provide

4.3 Changes to Scope

Changes to the agreed scope of work may result in additional fees and timeline adjustments. All changes must be agreed upon in writing.

5. Payment Terms

5.1 Fees

  • Fees for services will be specified in your service agreement.
  • All fees are in U.S. dollars unless otherwise specified.
  • We reserve the right to change our fees with 30 days’ notice.

5.2 Payment Schedule

  • Payment terms will be outlined in your service agreement.
  • Typical payment structures include upfront deposits, milestone payments, or monthly retainers.
  • Late payments may incur interest charges and service suspension.

5.3 Refunds

  • Refund policies will be specified in individual service agreements.
  • Generally, deposits and fees for completed work are non-refundable.
  • Monthly retainer clients may cancel with written notice as specified in their agreement.

6. Intellectual Property Rights

6.1 Client Materials

You retain all rights to materials you provide to us. By providing materials, you grant us a license to use them solely to provide services to you.

6.2 Our Work Product

  • Upon full payment, you receive ownership of deliverables created explicitly for you (website designs, custom content, etc.).
  • We retain ownership of our general methodologies, processes, tools, and pre-existing materials.
  • We maintain the right to use projects in our portfolio and marketing materials unless otherwise agreed.

6.3 Third-Party Materials

Some deliverables may include third-party components (stock photos, fonts, plugins, and templates) subject to their own licenses. You are responsible for complying with these licenses.

7. Website Use

7.1 Acceptable Use

You agree not to:

  • Do not use the Website for any illegal purpose.
  • Attempt to gain unauthorized access to our systems.
  • Do not interfere with or disrupt the Website or servers.
  • Transmit malicious code or harmful content.
  • Collect user information without consent.
  • Impersonate others or misrepresent your affiliation.

7.2 User Accounts

If you create an account:

  • You are responsible for maintaining account security.
  • You are responsible for all activity under your account.
  • You must notify us immediately of any unauthorized use.

8. SEO and Marketing Services Disclaimer

8.1 No Guaranteed Results

While we use industry best practices, we do not guarantee:

  • Specific search engine rankings
  • Particular amounts of traffic or conversions
  • Specific return on investment
  • Results within a particular timeframe

8.2 Third-Party Platforms

SEO and marketing results depend partly on third-party search engines and platforms beyond our control. Algorithm changes, policy changes, or platform decisions may affect results.

8.3 Ongoing Nature

SEO and digital marketing are ongoing processes requiring continuous effort and adaptation to market conditions.

9. Website Hosting and Maintenance

  • Unless otherwise specified, you are responsible for website hosting arrangements.
  • We may provide hosting recommendations, but we are not responsible for the hosting provider’s performance.
  • Ongoing maintenance and updates may require separate agreements.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

  • Services will be performed professionally.
  • We are entitled to provide the services.
  • Our work will not infringe on third-party intellectual property rights.

10.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES AND WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
  • WE ARE NOT LIABLE FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION

12. Indemnification

You agree to indemnify and hold SEM Digital Marketing harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of our services
  • Your breach of these terms
  • Your violation of any law or third-party rights
  • Content or materials you provide to us

13. Confidentiality

Both parties agree to:

  • Keep confidential information private.
  • Use confidential information only for the business relationship.
  • Protect confidential information with reasonable security measures.

Confidential information does not include information that is publicly available or independently developed.

14. Term and Termination

14.1 Term

These Terms remain in effect while you use our website or services.

14.2 Termination

  • Either party may terminate a service agreement as specified in that agreement.
  • We may suspend or terminate access to our website for violation of these terms.
  • Upon termination, you remain obligated to pay for services rendered.

14.3 Survival

Provisions regarding payment, intellectual property, warranties, liability limitations, and indemnification survive termination.

15. Dispute Resolution

15.1 Governing Law

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

15.2 Dispute Process

Before filing any legal action, parties agree to attempt to resolve disputes through good-faith negotiation.

15.3 Arbitration

Any disputes not resolved through negotiation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in [Your Location].

15.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between you and SEM Digital Marketing.

16.2 Modifications

We reserve the right to modify these terms at any time. Material changes will be communicated via email or website notice. Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.4 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.5 Assignment

You may not assign these Terms without our written consent. We may assign these terms to any successor entity.

16.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control.

17. Contact Information

For questions about these Terms of Service, please get in touch with us:

SEM Digital Marketing

Website: socialeyemedia.com

Email: [your email address]

Phone: [your phone number]

Address: [your business address]

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.