Terms of service.

Terms of Service for Catalina Marketing

Effective Date: 1/10/2025

Welcome to Catalina Marketing (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our marketing services, including any consulting, advertising, content creation, and digital marketing campaigns (collectively, “Services”) provided by Catalina Marketing.

By engaging our services, you (“Client” or “you”) agree to these Terms. If you do not agree with these Terms, please refrain from using our services.

1. Services Provided

Catalina Marketing offers a range of marketing services, which may include, but are not limited to:

  • Digital advertising (e.g., Google Ads, Facebook Ads)

  • Social media management

  • Content creation (e.g., blog posts, videos, graphics)

  • SEO (Search Engine Optimization)

  • Marketing strategy and consulting

  • Email marketing

  • Branding and design services

The specifics of the services provided will be outlined in separate agreements or project scopes between Catalina Marketing and the Client.

2. Client Responsibilities

You, the Client, agree to the following responsibilities:

  • Provide Accurate Information: You agree to provide accurate and complete information as requested by us for the execution of the marketing services.

  • Timely Communication: You agree to respond to our communications promptly to ensure timely completion of projects.

  • Approvals: You are responsible for reviewing and approving all materials, concepts, and strategies provided by us. Delays in approval may impact project timelines.

  • Compliance with Laws: You agree to comply with all applicable local, state, and federal laws, including but not limited to advertising laws, data protection laws, and intellectual property laws, when using our services.

3. Fees and Payment Terms

  • Fees: The fees for our services will be outlined in the agreement or proposal provided to you. These fees may be billed on an hourly, flat-rate, or project basis, as agreed upon in the agreement.

  • Payment Terms: Payments are due within [insert number] days of the invoice date unless otherwise specified. We accept payment via [list accepted payment methods, e.g., credit card, bank transfer, etc.].

  • Late Payments: Late payments may incur a 3% late fee per month. If payments are not made within 14 days of the due date, we may suspend or terminate services.

  • Refunds: Refunds are not typically offered for services rendered. However, in the event of a dispute or dissatisfaction with our services, we will work with you to resolve the issue on a case-by-case basis.

4. Intellectual Property Rights

  • Client-Owned Materials: The Client retains ownership of any content or materials (e.g., logos, images, text) provided to us for the purpose of executing the services.

  • Agency-Owned Materials: Any original content, creative works, or intellectual property created by Catalina Marketing during the course of providing services will remain our property unless otherwise agreed upon in writing. If applicable, we grant you a non-exclusive, royalty-free license to use such materials solely for the purposes of the marketing campaign.

  • Third-Party Content: You are responsible for ensuring that any third-party content (e.g., stock images, music, videos) used in campaigns complies with licensing agreements and copyright laws.

5. Confidentiality

We respect your privacy and will not disclose any confidential information shared with us during the course of providing our services to third parties, except as required by law or necessary to carry out the agreed-upon services. Similarly, you agree not to disclose confidential information shared by us.

6. Term and Termination

  • Term: The term of our agreement will be specified in the individual project or service agreement.

  • Termination for Convenience: Either party may terminate the agreement for any reason with [insert number] days' notice. Upon termination, you are still responsible for paying any outstanding fees for services rendered up to the date of termination.

  • Termination for Breach: Either party may terminate the agreement immediately if the other party breaches any material provision of these Terms or the specific agreement.

  • Effect of Termination: Upon termination, all rights to the services will end, and you will promptly return any materials provided by us. Any unpaid fees for services provided up to the termination date will remain due.

7. Limitation of Liability

To the fullest extent permitted by law, Catalina Marketing will not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use our services, even if we were advised of the possibility of such damages. Our total liability for any claim under this agreement shall not exceed the total amount paid by you to us for the services that gave rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Catalina Marketing, its employees, contractors, and affiliates from and against any claims, damages, liabilities, and expenses (including legal fees) arising from your use of our services or any violation of these Terms.

9. No Warranties

We make no representations or warranties, express or implied, regarding the outcomes of any marketing campaign or strategy, including but not limited to increases in traffic, sales, or any other results. You acknowledge that marketing results may vary and are dependent on multiple factors outside of our control.

10. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any disputes arising from these Terms or the services provided by Catalina Marketing will be resolved through binding arbitration in Arizona, and not in a court of law, unless otherwise required by law.

11. Force Majeure

We will not be held liable for any delays or failure to perform under these Terms if such delays or failures are due to events beyond our reasonable control, including but not limited to acts of God, government actions, labor disputes, or disruptions in telecommunications or internet services.

12. Amendments to Terms

Catalina Marketing reserves the right to amend these Terms at any time. Any amendments will be posted on our website, and the “Effective Date” at the top of this page will be updated. Continued use of our services after such changes will constitute your acceptance of the updated Terms.

13. Contact Us

If you have any questions regarding these Terms or need to discuss the details of our services, please contact us at:

Catalina Marketing
Email: info@catalinamarketingagency.com
Phone: (520) 336-7230

Acknowledgement

By engaging with Catalina Marketing’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms.