Last Updated: September 16, 2024

Welcome to AMU Agency (“the Company,” “we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our services, including web design, digital marketing, consulting, and other offerings (collectively, the “Services”). By using our Services, you agree to these Terms in full. Please read these Terms carefully before engaging with our Services.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any other legal notices or agreements that may apply to specific areas of our Services. If you do not agree to these Terms, you may not use the Services.

2. Services Provided

The Company offers a range of services, including but not limited to:

• Web Design & Development
• Digital Marketing (SEO, Social Media Marketing, PPC, etc.)
• Graphic Design & Branding
• Consulting and Strategy

Specific service offerings and deliverables will be detailed in a separate Service Agreement or Statement of Work (SOW) signed between the Company and the client.

3. Service Agreement

All Services provided will be governed by a Service Agreement or SOW that outlines the scope of work, deliverables, timelines, and pricing. The Service Agreement is considered a binding document in conjunction with these Terms. In case of conflict, the Service Agreement takes precedence over these Terms.

4. Payment and Fees

4.1 Payment Terms

You agree to pay the fees specified in the Service Agreement for the Services rendered. Payment terms will be outlined in the Service Agreement, which may include payment in full, deposits, milestone payments, or recurring billing.

4.2 Late Payments

Late payments may incur interest at the rate specified in the Service Agreement or, if no rate is specified, at 1.5% per month. We reserve the right to suspend or terminate Services for non-payment.

4.3 Refund Policy

Unless otherwise specified in the Service Agreement, all payments are non-refundable once Services have commenced.

5. Client Responsibilities

The client agrees to:

• Provide timely and accurate content, feedback, and approvals as needed to complete the project.
• Cooperate with the Company by providing access to platforms, tools, or accounts necessary to perform the Services.
• Ensure the materials provided do not infringe any third-party rights, including copyrights or trademarks.

6. Ownership and Intellectual Property

6.1 Web Design and Development Projects

Upon full payment, you will own the final design and development assets for your website. The Company retains the right to use the design for portfolio and marketing purposes, unless explicitly stated otherwise in the Service Agreement.

6.2 Marketing Materials

All digital marketing materials, including but not limited to graphics, ad copy, SEO content, and campaigns, are the intellectual property of the Company until full payment is received.

6.3 Third-Party Software and Tools

The use of any third-party software, plugins, or services in your project is subject to the respective third-party licenses. The Company is not liable for any changes or disruptions caused by third-party tools.

7. Project Timelines

The Company will make reasonable efforts to meet deadlines. However, delays caused by client actions (e.g., delayed approvals or late provision of materials) may result in timeline adjustments.

8. Confidentiality

Both parties agree to keep any confidential information, trade secrets, or proprietary data shared during the course of the project private and will not disclose it to third parties without written consent.

9. Warranties and Disclaimers

9.1 Service Warranty

The Company warrants that the Services will be provided in a professional and workmanlike manner in accordance with industry standards.

9.2 Disclaimer

The Company makes no guarantees regarding the performance of digital marketing efforts, including SEO rankings, social media growth, or ad campaign results. Past results do not guarantee future performance.

10. Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Services, even if the Company has been advised of the possibility of such damages.

11. Termination

Either party may terminate the Service Agreement upon 30 days’ written notice. Upon termination, all outstanding payments for Services rendered up to the termination date will become due. The Company may terminate or suspend Services immediately for any breach of these Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions.

13. Amendments

The Company reserves the right to modify these Terms at any time. Any changes will be posted on our website, and continued use of the Services after any such changes constitutes your consent to the updated Terms.

14. Contact Information

If you have any questions regarding these Terms, please contact us at:

AMU Agency
info@amuagency.co
949.891.2465