Terms of Service
These Terms of Service ("Terms") govern your engagement with 17th Street Marketing LLC ("Agency", "we", "us") for the provision of digital marketing services ("Services").
1. Services and Deliverables
The specific Services, timelines, and deliverables will be detailed in a formal proposal or Statement of Work (SOW) agreed upon by both parties. The SOW is an integral part of this agreement.
2. Payment Terms
Fees for our Services are due as specified in the SOW, typically on a monthly retainer basis, paid in advance. All advertising spend and third-party costs are the direct responsibility of the Client and are not included in the Agency's fees. Overdue invoices may lead to a suspension of Services.
3. Client Obligations
The Client agrees to provide timely access to all necessary data, accounts, and information required for the Agency to perform the Services. The Client warrants that they have the legal right to all materials provided for use in digital marketing campaigns.
4. Confidentiality
Both parties agree not to disclose any confidential information of the other party to any third party without prior written consent. This includes business strategies, performance data, and other proprietary information.
5. Intellectual Property
Upon full payment, the Client will own the final creative deliverables produced by the Agency. The Agency retains ownership of all its underlying methodologies, tools, and pre-existing materials.
6. Disclaimers and Limitation of Liability
The Agency will perform its Services with professional skill and care. However, we do not guarantee any specific results or outcomes. The digital marketing landscape is subject to change, and performance can be affected by factors outside our control. The Agency's total liability under this agreement is limited to the fees paid by the Client in the three months prior to the claim.
7. Term and Termination
The term of this agreement is specified in the SOW. After the initial term, the agreement typically continues on a month-to-month basis. Either party may terminate the agreement with 30 days' written notice.