Terms of Service
Last Updated: 08/30/2024
1. Acceptance of Terms
By accessing or using the services provided by Frostbark Digital ("we," "our," or "us"), including but not limited to Search Engine Optimization (SEO), Custom Website Design & Development, Content Marketing & Strategy, Social Media Management, Pay-Per-Click (PPC) Advertising, Email Marketing, and Analytics & Reporting, you agree to be bound by these Terms of Service.
2. User Eligibility and Account Creation
2.1 Eligibility: You must be at least 18 years old to use our services.
2.2 Account Creation: To use our services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3 Account Security: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
3. Description of Services
Frostbark Digital provides digital marketing services, including:
- Search Engine Optimization (SEO)
- Custom Website Design & Development
- Content Marketing & Strategy
- Social Media Management
- Pay-Per-Click (PPC) Advertising
- Email Marketing
- Analytics & Reporting
3.1 Service Delivery: We strive to deliver all services as described and agreed upon. However, due to the nature of digital marketing, we cannot guarantee specific results or outcomes.
3.2 Tangible Work Products: If we fail to deliver any tangible work product within the stated time frame, we will provide a refund to the client, unless the delay is due to factors outside our control or lack of necessary information from the client.
3.3 Client Cooperation: Successful delivery of our services often requires client cooperation. Failure to provide necessary information or materials may impact our ability to deliver services as agreed.
4. Intellectual Property Rights
4.1 Frostbark Digital's Intellectual Property: All content, designs, strategies, and materials created by Frostbark Digital in the course of providing services remain our intellectual property unless otherwise specified in a separate agreement.
4.2 Client's Intellectual Property: We respect our clients' intellectual property rights. We will not use or repurpose client-provided content or materials for our own use beyond the scope of providing the agreed-upon services.
4.3 Limited License: Clients grant Frostbark Digital a limited license to use their intellectual property solely for the purpose of providing the agreed-upon services.
5. Payment Terms
5.1 Pricing Models: We offer both subscription-based services and one-time service fees. Specific pricing will be outlined in individual service agreements or contracts.
5.2 Payment Methods: We primarily accept bank transfers. Credit card payments may be accepted in some cases, processed through Stripe.
5.3 Refunds: We do not typically provide refunds. However, refunds may be issued at our discretion or in the event we're unable to provide the service due to factors within our control. Refunds will not be issued if service delivery is impacted by client-side factors (e.g., failure to provide necessary information).
6. Data Usage and Protection
6.1 Data Collection and Use: We collect and use client data as necessary to provide our services and as outlined in our Privacy Policy.
6.2 Data Protection: We implement industry-standard security measures to protect client data. This includes encryption, access controls, and regular security audits.
6.3 Third-Party Services: Some of our services may require the use of third-party tools or platforms. Clients acknowledge that the use of such services may be subject to additional terms and privacy policies.
7. Service Level Agreements
7.1 Best Efforts: We commit to using our best efforts and industry expertise in delivering our services.
7.2 Communication: We will maintain regular communication with clients about the progress of their projects and any challenges encountered.
7.3 No Guaranteed Results: Due to the nature of digital marketing and factors outside our control (such as search engine algorithm changes or market conditions), we cannot guarantee specific results or outcomes from our services.
8. Termination of Services
8.1 Termination Process: The process for terminating services will be outlined in individual service contracts, as it may vary depending on the nature of the service.
8.2 Frostbark Digital's Right to Terminate: We reserve the right to terminate services immediately if a client violates these Terms of Service, engages in fraudulent or illegal activities, or fails to pay for services as agreed.
8.3 Client's Right to Terminate: Clients may terminate services as outlined in their individual service contracts, which may include notice periods or early termination fees.
9. Limitation of Liability
Frostbark Digital is not liable for:
- Indirect, incidental, special, or consequential damages
- Lost profits or data loss
- Damages resulting from client's failure to provide necessary information or materials
- Outcomes of digital marketing efforts that are subject to external factors beyond our control
10. Dispute Resolution
10.1 Good Faith Resolution: In the event of a dispute, both parties agree to attempt to resolve the issue in good faith through direct communication.
10.2 Mediation: If direct communication does not resolve the dispute, parties agree to engage in mediation with a mutually agreed-upon mediator.
10.3 Arbitration: If mediation is unsuccessful, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
11. Modifications to Terms
We may modify these Terms of Service at any time. Continued use of our services after changes constitutes acceptance of the new terms. We will notify clients of significant changes via email.
12. Governing Law
These Terms of Service are governed by the laws of the State of Florida. Any disputes not resolved through the methods outlined in Section 10 will be resolved in the courts of Florida.
13. Industry Compliance
We comply with all applicable laws and regulations in the digital marketing industry, including but not limited to:
- CAN-SPAM Act for email marketing
- GDPR and CCPA for data protection (as applicable)
- FTC guidelines for advertising and marketing
Clients are responsible for ensuring their use of our services complies with any industry-specific regulations applicable to their business.
14. Contact Information
For questions about these Terms of Service, please contact us at: