Welcome to the Terms of Service for fish outta water! These terms apply to all services provided by our agency to you or your organization. Please read these terms carefully before using our services.
SERVICES - Our agency provides a range of creative marketing services, including but not limited to branding, advertising, website design, content creation, and social media management. We will provide these services to you according to the terms outlined in our agreement.
FEES & PAYMENT - You will be responsible for paying all fees associated with the services we provide to you. Fees will be outlined in our agreement and may include a deposit or retainer, hourly or project-based rates, and any additional expenses incurred on your behalf. Payment terms will also be outlined in our agreement and may include invoicing, installment payments, or other arrangements. Failure to pay fees may result in the suspension or termination of our services and legal action.
OWNERSHIP & RIGHTS - All work product created by our agency, including but not limited to designs, content, and intellectual property, will remain the property of our agency until all fees have been paid in full. Upon payment, you will be granted a non-exclusive license to use the work product for its intended purpose. Any use beyond the intended purpose must be approved by our agency in writing. Our agency retains an exclusive copyright on all raw recordings, photographs or other project assets created during production. These assets can be used in other projects by paying a flat fee per use.
CONFIDENTIALITY - We will maintain the confidentiality of any information provided to us by you or your organization. We will not disclose this information to any third party without your express written consent, except as required by law.
WARRANTIES & REPRESENTATIONS - Our agency warrants that the services provided will be performed in a professional manner. However, we make no other warranties, express or implied, regarding the services provided, including but not limited to any warranties of fitness for a particular purpose or non-infringement. You represent and warrant that you have the authority to enter into this agreement and that any materials or information provided to us do not infringe upon any third-party rights.
LIMITATION OF LIABILITY - Our agency's liability for any damages arising from the services provided will be limited to the amount of fees paid by you for those services. We will not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost business opportunities, or damage to reputation.
TERMINATION - Either party may terminate this agreement upon written notice to the other party. Upon termination, you will be responsible for paying %75 fees of the total project cost due at the termination date. Any work product created prior to termination will be provided to you upon payment of all fees due.
GOVERNING LAW - This agreement will be governed by and construed in accordance with the laws of the jurisdiction in which our agency is located. Any disputes arising under this agreement will be resolved in the courts of that jurisdiction.
MODIFICATION - We reserve the right to modify these terms at any time. Any modifications will be posted on our website and will become effective immediately upon posting. Your continued use of our services after any modification constitutes your acceptance of the modified terms.
By using our services, you agree to be bound by these terms of service. If you have any questions or concerns about these terms, please contact us before using our services.