Terms Of Service

Effective Date: January 2022

These Terms of Service ("Terms") govern your access to and use of the website www.sophicmarketing.com (the "Website") and any services provided by SophicMarketing ("SophicMarketing," "we," "us," or "our"). By accessing or using the Website and our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or our services.

1. Services Provided

SophicMarketing provides [Digital marketing services, content creation, social media management, SEO, PPC, email marketing, website design, consulting. A detailed scope of work for specific projects will be outlined in a separate agreement or proposal ("Service Agreement") between SophicMarketing and the client. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will prevail regarding the specific services outlined therein.

2. Client Obligations

As a client of SophicMarketing, you agree to:

Provide all necessary information, content, access (e.g., website access, social media logins, analytics accounts), and timely feedback required for SophicMarketing to perform the services.

Ensure that all content, materials, and information provided to SophicMarketing do not infringe upon the intellectual property rights or other rights of any third party.

Appoint a primary contact person for communication and approvals.

Make timely payments for all services as outlined in the Service Agreement.

Cooperate with SophicMarketing in a timely and professional manner.

3. Payment Terms

Fees: All fees for services will be clearly outlined in the Service Agreement.

Invoicing and Payment:Invoices will be issued monthly on the 25th of each month and are due with 5 days of the invoice date.

Late Payments: Sophic Marketing does not charge any late payments. Client understands that all services are paused if the invoice is not paid by the deadline and will resume once the invoice is paid. In case of service delays, Sophic Marketing will credit the clients prorated payment towards the next month.

Refunds: For marketing services, often no refunds are given for work already performed. We ensure clear communication throughout your experience and ensure customer satisfaction throughout the service delivery.

Changes to Fees: SophicMarketing reserves the right to change its fees with 30 days' prior written notice to the client.

4. Intellectual Property

SophicMarketing Ownership: All intellectual property created by SophicMarketing prior to or independently of this agreement, including but not limited to methodologies, templates, tools, and general marketing strategies, remains the sole property of SophicMarketing.

Client Ownership: Upon full payment for services, any custom-created content, designs, reports, or materials specifically developed for the client as part of the Service Agreement will become the property of the client.

Licenses: The client grants SophicMarketing a non-exclusive, royalty-free license to use the client's trademarks, logos, website content, and other intellectual property solely for the purpose of providing the agreed-upon services. SophicMarketing may also use completed work for portfolio and promotional purposes unless explicitly agreed otherwise in writing.

Third-Party Content: If SophicMarketing uses third-party stock images, fonts, or other licensed materials in the client's projects, SophicMarketing will ensure proper licensing, and the client agrees to abide by those license terms.

5. Confidentiality

Both SophicMarketing and the client agree to keep confidential all non-public information obtained from the other party during the course of their engagement, including but not limited to business strategies, client data, financial information, and proprietary processes. This obligation of confidentiality shall survive the termination of the engagement.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOPHICMARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; (C) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOPHICMARKETING'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT TO SOPHICMARKETING FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

7. Disclaimer of Warranties

The Website and services are provided on an "AS IS" and "AS AVAILABLE" basis. SophicMarketing makes no warranties, express or implied, regarding the Website or services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SophicMarketing does not warrant that the Website or services will be uninterrupted, error-free, secure, or meet your requirements.

SophicMarketing does not guarantee specific results (e.g., specific increases in sales, website traffic, or search engine rankings) as outcomes depend on various factors beyond our control. We will use commercially reasonable efforts to achieve the agreed-upon objectives.

8. Indemnification

You agree to defend, indemnify, and hold harmless SophicMarketing and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website and services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website and services.

9. Termination

By Client: Clients may terminate a Service Agreement as per the terms outlined in that specific agreement (e.g., with 5 days' written notice).

By SophicMarketing: SophicMarketing may terminate a Service Agreement or access to the Website/services for material breach of these Terms or the Service Agreement, including non-payment, or if we believe your actions may cause legal liability for us or other users. If client is deemed uninsurable, (non-compliance, legal loopholes, ethics, morale) Sophic Marketing will announce via email and stop services immediately.

Effect of Termination: Upon termination. SophicMarketing will deliver to the client all materials paid for and completed up to the termination date.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the services shall be resolved through binding arbitration in Tampa, Florida in accordance with the rules of the American Arbitration Association, or litigation in the state or federal courts located in Tampa, Florida. Both parties agree to waive any objections to personal jurisdiction or venue in such courts.

11. Changes to Terms

SophicMarketing reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or services after those revisions become effective, you agree to be bound by the revised terms.

12. Miscellaneous

Entire Agreement: These Terms, together with any Service Agreements and the Privacy Policy, constitute the entire agreement between you and SophicMarketing regarding the use of the Website and services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SophicMarketing's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure: SophicMarketing shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Contact Information

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

SophicMarketing [email protected]