Terms of Service
This website is owned and maintained by Spicy Media LLC. By using this website you are entering into this Agreement with Spicy Media LLC and indicating that you agree to these terms of service. If you do not agree with these terms and conditions, please do not use this website. You can contact us if you have any questions.1. Not Everyone Qualifies for a Free Marketing Plan.
We withhold the right to determine who is the best fit for our free marketing plan. Not everyone who requests one will receive one.2. No Guarantee of a Specific Result.
Regardless of any perceived representation to the contrary, Agency in no way guarantees a specific result for the Client. Client understands and agrees that they are paying the Agency as a service to generate results, but that results are never guaranteed. It is understood and agreed to that the Agency has no control over Google or other advertising platforms and if they decide to make changes to their advertising platform.3. Non-Disparagement.
The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors or employees whether during the Term or after termination of this Agreement. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.4. Limitation of Liability.
Agency warrants that the marketing services as outlined in the formal proposal will be provided in conformance with the terms of this Agreement, however, Agency does not make any other warranties, whether expressed or implied, regarding the performance of the services it provides. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH: (a) AGENCY SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; (b) AGENCY MAKES AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND (c) AGENCY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Subject to the foregoing and notwithstanding anything to the contrary elsewhere contained, in no event shall the maximum aggregate liability of the Agency in connection with this Agreement exceed the monthly fee paid by the Client in the three (3) months preceding the claim. IN NO EVENT SHALL AGENCY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.5. Force Majeure.
Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.6. Default.
In the event that Client fails to pay any fees or charges under this Agreement, Agency may immediately pause or continue this Agreement, among other available remedies, until the Client cures its default.7. Governing Law.
This Agreement shall be governed by the laws of the State of California without regard to any choice-of-law provisions.8. Attorney’s Fees.
In any litigation, arbitration or dispute arising under or relating to this Agreement, each Party shall be entitled to recover reasonable attorney’s fees and litigation costs.9. Entire Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.10. Severability.
The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.11. Assignment and Successors; Binding Effect.
The rights and obligations of the Parties under this Agreement may not be assigned, transferred, pledged or otherwise encumbered without the prior written consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, legal and personal representatives, successors and permitted assigns.
The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date of when the kick off meeting between Client and Agency happens.12. Cancellation policy.
All agreements may be terminated with or without cause by either party upon thirty (30) days written notice. All services provided in advance will be charged upon early termination. 100% or partial refund if we have not fulfilled our obligations to deliver the work required under the agreement. Read Refund Policy below.
Spicy Media LLC reserves the right to cancel any agreement on projects that are abandoned or lay dormant for more than 30 days with or without notice.13. Refund policy.
A 100% refund will be made only in the event of a cancellation within 3 days of signing the initial contract. All sales are final. A project may be split into monthly payments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable.
All digital marketing packages including SEO and Social Media are not refundable, but the client may cancel with a notice written 30 days in advance. Read Cancellation Policy above.
We do not offer any refund for services already delivered, started, or any other miscellaneous charges which are non-recoverable for Spicy Media Agency. No payment will be refunded once an initial draft is provided. There are no partial refunds for projects mid-way through a milestone phase.
There are no refunds or credits of any kind for Search Engine Optimization (SEO), Pay-Per-Click (PPC), Social Media Marketing (SMM), Email Marketing, or any other third-party online marketing service even if a fee was paid in advance. After a payment is made, there are no exceptions to our refund policy.
Web design and development demand extensive resources and incur internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payment for hosting is non-refundable.
We do not offer refunds on deposits or payments for projects that are abandoned or lay dormant for more than 30 days. If you signed up for our services but did not make use of them, then you are still entitled to pay us.
All billing cycles for agreed services will continue until The Client Organization sends a cancellation notice in writing. Read Cancellation Policy above.14. Additional expenses.
Any additional expense will be reimbursed to Spicy Media LLC by the client organization including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.15. Warranty by you as to ownership of intellectual property rights.
The client organization must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material supplied to us. Spicy Media LLC will not be responsible for any claims or legal actions related to the content, graphic images, videos, registered company logos, names and trademarks, or any other material supplied to us for your website.Contact Us
Should you have any questions, then please contact us.