Terms of Service
1. Agreement and Scope of Work
These Terms of Service ("Terms") govern the professional relationship and the provision of digital marketing services ("Services") by Beartooth Sign & Design, LLC ("Agency") to you ("Client"). The specific services, deliverables, project timelines, and fees will be detailed in a formal Statement of Work (SOW) which, upon execution, forms an integral part of this agreement.
2. Payment Terms
The Client agrees to compensate the Agency as stipulated in the SOW. Service fees are generally billed monthly in advance and are due upon receipt of the invoice. Any third-party costs, including but not limited to advertising media spend, are the sole responsibility of the Client. The Agency reserves the right to suspend services for accounts with outstanding invoices beyond 30 days.
3. Legal Disclaimers and Limitation of Liability
The Agency will perform all services with professional diligence and expertise. However, the Client acknowledges that the Agency cannot guarantee specific results, as digital marketing performance is subject to external factors beyond the Agency's control (e.g., search engine algorithm changes). The Agency makes no warranty, express or implied, regarding the outcomes of the services. The maximum liability of Beartooth Sign & Design, LLC for any claim arising from this agreement shall not exceed the fees paid by the Client in the single month preceding the claim.
4. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information disclosed by the other party. This includes business strategies, client data, and performance metrics. This information will not be shared with any third party without prior written consent, unless required by law.
5. Intellectual Property
Upon full and final payment for the services, the Client will own the rights to the final, tangible deliverables produced by the Agency. The Agency retains ownership of its underlying proprietary methodologies, tools, and pre-existing intellectual property used to create the deliverables.
6. Term and Termination
The service term will be specified in the SOW. After any initial commitment period, the agreement may typically be terminated by either party with 30 days' written notice. The Client is responsible for all fees accrued up to the effective date of termination.
7. Governing Law
This agreement shall be governed and construed in accordance with the laws of the jurisdiction in which Beartooth Sign & Design, LLC is incorporated.