Sure! Here's the updated version of the Terms and Conditions with the effective date set to January 1, 2025.
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Terms and Conditions
Effective Date: January 1, 2025
Welcome to Xlinq Media! These Terms and Conditions ("Terms") govern the relationship between you ("Client" or "You") and Xlinq Media ("Agency," "We," "Us," or "Our"), a marketing agency located in Fort Worth, Texas, providing marketing services for roofers, plumbers, HVAC companies, and other home service businesses.
By engaging our services, you agree to these Terms. Please read them carefully.
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### 1. Services Provided
Xlinq Media offers a variety of marketing services tailored to meet the needs of home service companies, including but not limited to:
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) Advertising (Google Ads, Facebook Ads, etc.)
- Social Media Management
- Website Design and Development
- Content Creation
- Email Marketing
- Lead Generation Campaigns
- Branding and Graphic Design
- Reputation Management
The specific services you select will be detailed in a separate agreement or service proposal.
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### 2. Client Responsibilities
As a Client, you agree to:
- Provide Accurate Information: You will provide us with accurate, complete, and up-to-date information needed for the performance of the services.
- Access and Permissions: You will grant us access to necessary platforms, accounts, and tools (such as Google Analytics, Google Ads, social media accounts, etc.) to perform the agreed-upon services.
- Timely Payment: You will pay all fees associated with the services promptly, according to the payment terms outlined in the agreement.
- Cooperation: You will cooperate with the Agency and provide feedback, approvals, and any required materials in a timely manner.
Failure to meet these responsibilities may delay or impair the progress of the services, and we may not be held liable for such delays.
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### 3. Fees and Payment Terms
- Pricing: All fees for services will be outlined in a separate agreement, proposal, or invoice. We may offer different pricing tiers based on the scope of services.
- Payment Schedule: Payments are due [monthly/quarterly/annually] or as otherwise specified in your agreement. We accept payments via [methods accepted, e.g., credit card, ACH transfer, etc.].
- Late Payments: If payment is not received by the due date, a late fee of [specify fee, e.g., 1.5% per month] may be applied to overdue amounts.
- Refunds and Cancellations: Except where required by law, all payments are non-refundable once services have commenced.
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### 4. Term and Termination
- Term: This agreement will remain in effect for the duration specified in your agreement or until terminated by either party.
- Termination by Client: You may terminate this agreement at any time with [X] days written notice. In the event of termination, you will remain responsible for all outstanding payments.
- Termination by Agency: We may terminate this agreement at any time with written notice if you fail to meet your obligations or if you engage in activities that are illegal or unethical.
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### 5. Intellectual Property
- Ownership: Unless otherwise agreed in writing, all intellectual property (including but not limited to designs, logos, website content, and campaigns) created by us as part of the services will remain the property of Xlinq Media until full payment is made.
- License to Use: Upon full payment, you will be granted a non-exclusive, non-transferable license to use the final deliverables for their intended purpose.
- Third-Party Content: Any third-party intellectual property, such as images or software used during the provision of services, will remain the property of the respective owners. You will be responsible for obtaining the necessary licenses to use third-party content.
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### 6. Confidentiality
Both parties agree to keep all confidential information disclosed during the course of this agreement private and not to disclose it to third parties, except as required by law. This includes client data, business strategies, and other proprietary information.
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### 7. Limitation of Liability
Xlinq Media shall not be liable for any indirect, special, incidental, or consequential damages arising from the provision of services under this agreement. Our liability is limited to the total amount paid by the Client for services provided under this agreement during the [12-month period] preceding the claim.
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### 8. Indemnification
You agree to indemnify and hold Xlinq Media harmless from any claims, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of:
- Your use of our services
- Any content or materials you provide to us for use in your marketing campaigns
- Your failure to comply with applicable laws or regulations
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### 9. Warranties and Disclaimers
- No Guarantees: While we make reasonable efforts to achieve the goals outlined in your marketing plan, we do not guarantee specific results, such as a certain amount of leads, traffic, or sales, as such results depend on various factors beyond our control.
- Accuracy of Information: We strive to provide accurate and up-to-date information, but we do not warrant the accuracy, completeness, or reliability of any content, statistics, or information provided.
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### 10. Governing Law and Dispute Resolution
- Governing Law: This agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
- Dispute Resolution: Any disputes arising under this agreement will be resolved through [arbitration/mediation] in Fort Worth, Texas, unless otherwise agreed. If the dispute cannot be resolved through informal means, it will be submitted to binding arbitration.
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### 11. Force Majeure
Neither party will be liable for failure to perform under this agreement if such failure is due to causes beyond its reasonable control, including but not limited to natural disasters, war, strikes, or other events of force majeure.
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### 12. Amendments
We reserve the right to amend or modify these Terms and Conditions at any time. You will be notified of any changes, and continued use of our services after such changes constitutes acceptance of the revised Terms.
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### 13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
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### 14. Entire Agreement
This document, together with any separate agreements, proposals, or contracts, constitutes the entire agreement between you and Xlinq Media regarding the subject matter and supersedes all prior agreements or understandings, whether written or oral.
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If you have any questions or need further clarification on any section of these Terms and Conditions, please don’t hesitate to contact us at [insert contact information].
By engaging with our services, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.
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Let me know if you'd like any further adjustments or details added!