Effective Date: 01 November 2023
Company Name: Markytek LLC
These Terms & Conditions ("Terms") govern your access to and use of the website, services, software, and content provided by Markytek ("Markytek", "we", "us", or "our"). By using the website or ordering services you accept and agree to be bound by these Terms.
Services: paid or free offerings we provide, including lead generation campaigns, digital marketing, ads management, analytics, reporting and related consulting.
User / Client: any person or entity that registers for, purchases, or uses the Services.
Site: Markytek’s website, landing pages, dashboards, and related subdomains.
You must be at least 18 years old and capable of entering into legally binding contracts to use our Services. By using the Site you represent and warrant you meet these requirements.
We provide digital marketing and lead-generation services (campaign strategy, ad creation, audience targeting, campaign optimization and reporting).
We do not manage client bookings or act as a booking/appointment system for clients’ customers. Any statement otherwise is not intended and will not be relied upon.
We will use commercially reasonable efforts to deliver Services, but timelines, quantity and quality of leads, conversions, revenue uplift or other business outcomes are estimates and not guaranteed.
Provide accurate, current information.
Maintain the confidentiality of login credentials.
Notify us of unauthorized use of your account.
You are responsible for all activity that occurs under your account.
Fees are set out in the order, proposal or subscription plan you accept. All fees due are non-refundable except as explicitly stated in these Terms or otherwise agreed in writing.
Unless stated otherwise, fees are exclusive of taxes; you are responsible for all applicable taxes.
Payment methods, billing cycles, late payment penalties and collection costs will be described in invoices or proposals. Failure to pay may result in suspension or termination of Services.
Trial periods (if any) are described in the offer. Trial usage may be limited.
Refunds: Except where required by applicable law or a specific written refund policy, fees paid are non-refundable.
Cancellation: You may cancel subscriptions per the terms in your order. We reserve the right to suspend or terminate Services for breach or non-payment.
Client must provide accurate information, timely access to advertising accounts, landing pages, brand assets, approvals, and any third-party permissions required.
You must not use the Site or Services for illegal, fraudulent or abusive purposes. Prohibited content includes illegal products/services, hate speech, explicit sexual content, and content infringing third-party rights. We may refuse or remove content or suspend accounts for violations.
Markytek retains all rights, title and interest in and to our proprietary systems, software, methodologies, templates, and materials ("Markytek IP").
Client retains ownership of client-provided materials and pre-existing IP. For campaign assets we create, ownership and licensing will be governed by the order/proposal; unless otherwise agreed, Markytek grants the Client a non-exclusive license to use campaign deliverables for their business.
You agree not to copy, modify, distribute, reverse-engineer or create derivative works from Markytek IP except as expressly permitted.
Both parties agree that confidential information exchanged (business plans, pricing, client lists, technical data) will be treated confidentially and used only to perform the Services. Confidential information does not include information that is or becomes public through no fault of the receiving party or that is independently developed.
We process personal data in accordance with our Privacy Policy. Use of the Site and Services may require sharing data with advertising platforms (e.g., Meta, Google) and other third parties; you authorize such sharing as necessary to perform the Services.
You are responsible for complying with applicable data protection laws for any personal data you provide and for obtaining necessary consents where required.
We may integrate with or link to third-party services (ad platforms, analytics, payment providers). Such third-party services have their own terms; we are not responsible for their acts or omissions. Use of third-party services is at your own risk.
EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
MARKYTEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY GUARANTEE OF SPECIFIC RESULTS FROM MARKETING OR LEAD GENERATION.
To the maximum extent permitted by applicable law, Markytek and its affiliates shall not be liable for any amounts owed to consumers or third parties arising out of or in connection with the Site or Services, including refunds, credits, damages or any other payments. In no event shall Markytek be liable for indirect, incidental, consequential, special, exemplary, punitive or lost-profits damages. Nothing in this section shall exclude or limit liability that cannot be excluded under applicable law (including liability for fraud or wilful misconduct).
You agree to indemnify, defend and hold Markytek and its affiliates, officers, agents and employees harmless from any claims, liabilities, losses, damages and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Site or Services; or (c) content you provide.
We may suspend or terminate your access for violations of these Terms, non-payment, or at our discretion. Termination does not relieve you of obligations accrued prior to termination (including payment obligations).
We may revise these Terms from time to time. If material changes are made, we will provide notice (e.g., by email or a notice on the Site). Continued use after the effective date of changes constitutes acceptance.
These Terms are governed by the laws of Wyoming without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved in the courts located in Sheridan, unless otherwise agreed in writing.
Entire Agreement: These Terms, together with any order forms, constitute the entire agreement between you and Markytek concerning the Services.
Severability: If a provision is found invalid, other provisions remain in effect.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign to an affiliate or successor.
Notices: Send legal notices to: 30 N Gould St, STE R, Sheridan, WY, 82801 - USA
If you have questions about these Terms, contact us at: accounts@markytek.com