Terms and Conditions
By accessing or using the digital marketing services provided by SoMakoo Digital Marketing Agency ("SoMakoo," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, do not access or use our services.
SoMakoo Digital Marketing Agency provides comprehensive digital marketing solutions, including but not limited to: search engine optimization (SEO), social media marketing, content creation, pay-per-click (PPC) advertising, email marketing, website design and development, and analytics reporting (the "Services"). The specific Services to be provided will be outlined in a separate agreement or proposal.
You are responsible for providing us with all necessary information, access, and materials required for us to deliver the Services. This may include access to your website, social media accounts, analytics platforms, and other relevant business information. You warrant that all information provided to us is accurate, complete, and up-to-date. You agree to cooperate with us in a timely manner to facilitate the provision of the Services.
The fees for our Services will be as outlined in a separate agreement or proposal. Unless otherwise stated, all fees are payable in dollar currency and are due upon receipt of invoice. Late payments may be subject to interest charges at a rate of [30%] per month or the maximum rate permitted by law, whichever is less. You are responsible for any applicable taxes.
- Client Content: You retain ownership of all content, trademarks, logos, and other intellectual property that you provide to us ("Client Content"). You grant SoMakoo a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the Client Content solely for the purpose of providing the Services.
- SoMakoo Intellectual Property:All materials created by SoMakoo as part of the Services, excluding Client Content, including but not limited to reports, strategies, designs, and software (collectively, "SoMakoo IP"), are owned by SoMakoo. Upon full payment for the Services, SoMakoo grants you a non-exclusive, non-transferable license to use the SoMakoo IP solely for your internal business purposes related to the Services provided.
Both SoMakoo and the Client agree to maintain the confidentiality of each other's proprietary information and will not disclose such information to any third party without the other party's prior written consent, except as required by law. This obligation of confidentiality will survive the termination of this Agreement.
The term of our engagement will be as specified in a separate agreement. Either party may terminate the agreement upon 30 days written notice to the other party. SoMakoo may also terminate the agreement immediately if you breach any material term of these Terms or fail to make timely payments. Upon termination, you will pay SoMakoo for all Services performed up to the date of termination.
While we strive to provide effective digital marketing services, SoMakoo makes no warranties, express or implied, regarding the results or outcomes of the Services. Digital marketing involves factors beyond our control, such as search engine algorithms, social media platform changes, and competitor activities. Our Services are provided "as is" and "as available" without any warranties of any kind.
To the maximum extent permitted by applicable law, SoMakoo shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, use, goodwill, or other intangible losses)4 arising out of or relating to the Services or these Terms, even if SoMakoo has been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to the5 Services or these Terms shall not exceed the total fees paid by you to SoMakoo in the [Specify Time Period, e.g., six months] preceding the event giving rise to the claim.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Atlanta, Georgia. You consent to the jurisdiction of such courts.
These Terms, together with any separate agreement or proposal for Services, constitute the entire agreement between you and SoMakoo regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
SoMakoo reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting the revised Terms on our website or otherwise communicating them to you. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms, and the remaining provisions shall remain in full force and14 effect.
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of SoMakoo. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you have any questions or concerns about these Terms, please contact us at:
SoMakoo Digital Marketing Agency
4421 Wesley Meadows Dr
Decatur, GA 30035
Email: sales@somakool.com
Phone: 678-914-6479