Terms of Service
Last Updated: October 26, 2023
These Terms of Service ("Terms") govern the relationship between G9 Digital Marketing ("Company," "we," "us," or "our"), a digital marketing agency founded in 2013 and headquartered in Dallas, Texas, and the client ("Client," "you," or "your") purchasing services from g9digital.com.
By engaging our services or accessing our website, you agree to be bound by these Terms.
1. Services
G9 Digital Marketing provides professional digital marketing solutions, including but not limited to:
- Web Design and Development
- Search Engine Optimization (SEO)
- Branding and Identity Design
- Social Media Marketing
- Digital Advertising (PPC/SEM)
The specific scope of work, project milestones, and deliverables will be outlined in a separate Statement of Work (SOW) or Service Agreement signed by both parties.
2. Professional Fees and Payment Terms
2.1 Pricing: Fees for services are outlined in the Client’s specific proposal or SOW. 2.2 Payment Schedule: Unless otherwise agreed in writing, a deposit is required prior to the commencement of any work. Recurring services (e.g., SEO, monthly management) are billed in advance on a monthly basis. 2.3 Late Payments: Payments not received within fifteen (15) days of the invoice date may incur a late fee of 1.5% per month or the maximum rate permitted by law. 2.4 Project Suspension: G9 Digital Marketing reserves the right to suspend all services and take down active web projects if accounts remain unpaid beyond thirty (30) days.
3. Client Responsibilities
The Client agrees to provide all necessary information, assets (logos, images, copy), and timely feedback required for the Company to complete the services. G9 Digital Marketing is not responsible for project delays resulting from the Client’s failure to provide required materials or approvals.
4. Intellectual Property
4.1 Work Product: Upon receipt of full and final payment, the Client shall own the rights to the final deliverables specifically created for them (e.g., custom logos, website design files). 4.2 Company Rights: G9 Digital Marketing retains all rights to its internal proprietary methods, pre-existing code, tools, and processes used to develop the deliverables. 4.3 Portfolio Credit: Unless otherwise requested in writing, G9 Digital Marketing reserves the right to showcase completed projects in its portfolio, case studies, and marketing materials to demonstrate its expertise.
5. Limitation of Liability
5.1 No Guarantees: While G9 Digital Marketing utilizes industry-standard practices, we do not guarantee specific results regarding search engine rankings, lead generation, or sales volume, as these variables are subject to third-party algorithms (e.g., Google, Meta) and market conditions. 5.2 Liability Cap: To the maximum extent permitted by law, G9 Digital Marketing’s total liability for any claim arising out of these Terms shall not exceed the total amount paid by the Client to the Company during the three (3) months preceding the event giving rise to such claim. 5.3 Indirect Damages: In no event shall G9 Digital Marketing be liable for any indirect, incidental, or consequential damages, including loss of profits or data.
6. Term and Termination
6.1 Term: These Terms remain in effect until the completion of the project or the expiration of a subscription term. 6.2 Termination for Convenience: Either party may terminate a recurring service agreement with thirty (30) days' written notice. 6.3 Termination for Cause: Either party may terminate the agreement immediately if the other party breaches a material term and fails to cure such breach within ten (10) days of notice. 6.4 Post-Termination: Upon termination, the Client shall pay for all work performed up to the effective date of termination.
7. Confidentiality
Both parties agree to keep all business strategies, proprietary data, and trade secrets disclosed during the course of the engagement strictly confidential.
8. Governing Law and Venue
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 principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and the parties hereby consent to personal jurisdiction therein.