1. Acceptance of terms
By accessing or using the services provided by Frostbark Digital, including SEO, web design and development, content marketing, social media management, PPC advertising, email marketing, and analytics, you agree to be bound by these Terms of Service.
2. User eligibility and accounts
You must be at least 18 years old to use our services. You agree to provide accurate, current, and complete information during registration and to keep it current. You are responsible for maintaining the confidentiality of your account and for all activities that occur under it.
3. Description of services
Frostbark Digital provides digital marketing services, including:
- Search Engine Optimization (SEO)
- Custom Website Design and Development
- Content Marketing and Strategy
- Social Media Management
- Pay-Per-Click (PPC) Advertising
- Email Marketing
- Analytics and Reporting
Due to the nature of digital marketing, we cannot guarantee specific results or outcomes. Successful delivery often requires client cooperation. Failure to provide necessary information or materials may impact our ability to deliver services as agreed.
4. Intellectual property rights
All content, designs, strategies, and materials created by Frostbark Digital in the course of providing services remain our intellectual property unless otherwise specified. We respect our clients' intellectual property rights and will not use or repurpose client-provided content beyond the scope of the agreed-upon services.
5. Payment terms
We offer both subscription-based services and one-time service fees. Specific pricing is outlined in individual service agreements. We primarily accept bank transfers, with credit card payments accepted in some cases through Stripe.
We do not typically provide refunds. Refunds may be issued at our discretion or if we are 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.
6. Data usage and protection
We collect and use client data as necessary to provide our services and as outlined in our Privacy Policy. We implement industry-standard security measures including encryption, access controls, and regular security audits. Some services may require third-party tools subject to additional terms and privacy policies.
7. Service level agreements
We commit to using our best efforts and industry expertise in delivering our services. We maintain regular communication about project progress and challenges. Due to the nature of digital marketing and factors outside our control (search algorithm changes, market conditions), we cannot guarantee specific outcomes.
8. Termination of services
The process for terminating services is outlined in individual service contracts. We reserve the right to terminate services immediately if a client violates these Terms, engages in fraudulent or illegal activities, or fails to pay. Clients may terminate as outlined in their service contracts.
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 failure to provide necessary materials
- Outcomes of marketing efforts subject to external factors beyond our control
10. Dispute resolution
Both parties agree to attempt good-faith resolution through direct communication. If unresolved, parties agree to mediation with a mutually agreed mediator. Remaining disputes will be settled by arbitration administered by the American Arbitration Association under 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. We will notify clients of significant changes via email.
12. Governing law
These Terms are governed by the laws of the State of Florida. Disputes not resolved through the methods above will be resolved in the courts of Florida.
13. Contact information
For questions about these Terms, contact us at [email protected].