Cdesigns Marketing Terms of Service

1. Services

Cdesigns Marketing provides professional marketing and creative services, which may include, but are not limited to:

• Branding and business identity
• Logo design
• Graphic design
• Website design and development
• Search Engine Optimization (SEO)
• Social media management
• Content creation
• Copywriting
• Email marketing
• Video production
• Google Business Profile optimization
• Digital advertising management
• Website hosting and maintenance
• Marketing consulting
• Related marketing services

Specific services, deliverables, pricing, and timelines will be outlined in an approved proposal, estimate, service agreement, invoice, or subscription plan.

2. Right to Refuse Service

Cdesigns Marketing reserves the right to decline, suspend, or terminate services for any client whose requested work is unlawful, deceptive, discriminatory, defamatory, infringes upon the rights of others, violates these Terms, or is otherwise inconsistent with our professional standards or business practices.

3. Client Responsibilities

To help ensure successful projects and campaigns, clients agree to:

• Provide accurate information.
• Supply requested content, approvals, and access credentials in a timely manner.
• Review proofs and deliverables promptly.
• Maintain appropriate rights to all materials provided to Cdesigns Marketing.

Project delays resulting from missing information, delayed approvals, or failure to provide requested materials may extend project timelines. Cdesigns Marketing is not responsible for delays caused by the client.

practices.

4. Client Compliance with Laws

The client is solely responsible for ensuring that its business, products, services, website content, promotions, advertising, and marketing practices comply with all applicable federal, state, local, and international laws and regulations.

This includes, but is not limited to, laws relating to privacy, cookies, data protection, accessibility, consumer protection, email marketing, text messaging, sweepstakes and contests, advertising disclosures, intellectual property, and industry-specific regulations.

Unless expressly included in a written agreement, Cdesigns Marketing does not provide legal advice or guarantee that any website, marketing campaign, advertisement, promotion, or other deliverable complies with applicable laws or regulatory requirements. Clients are encouraged to consult qualified legal counsel regarding their specific legal obligations.

5. Quotes and Pricing

Unless otherwise stated in writing:

• Quotes are valid for thirty (30) days.
• Prices may change after a quote expires.
• Additional work requested outside the original scope may require a revised estimate or additional billing.
• Any applicable taxes are the responsibility of the client unless otherwise required by law.

6. Payment Terms

Payment terms are specified in each proposal, invoice, or subscription agreement.

Unless otherwise agreed:

• Invoices are due upon receipt.
• Larger projects may require a deposit before work begins.
• Remaining balances are due according to the agreed payment schedule.
• Ongoing monthly services are billed in advance.

Late payments may result in:

• suspension of services,
• delayed project completion,
• removal of hosted websites from active maintenance,
• suspension of marketing campaigns, or
• collection efforts where permitted by law.

The client is responsible for all reasonable costs incurred in collecting overdue balances, including collection agency fees, court costs, and reasonable attorneys’ fees where permitted by applicable law.

Failure to make timely payments does not relieve the client of financial obligations under any agreement.

7. Subscription Services

Certain services are provided on an annual subscription basis, including but not limited to SEO, social media management, website hosting, website maintenance, digital marketing retainers, and other recurring services.

Unless otherwise stated in writing:

• subscriptions require a minimum twelve (12) month commitment;
• subscriptions automatically renew for successive one-year terms;
• pricing may be adjusted upon renewal with advance notice.

Clients may notify us of their intent to cancel at any time. To prevent automatic renewal, written notice must be received at least thirty (30) days before the annual renewal date.

We require thirty days’ notice because many marketing services are planned, scheduled, and performed in advance. This notice period allows us to complete work already underway, prepare final reports or deliverables, and ensure an orderly transition.

Cancellation requests received after the thirty-day notice period may result in renewal for the next annual term.

8. Refund Policy

Because professional marketing services begin immediately upon scheduling, planning, research, consultation, design, strategy development, or implementation, payments for services are generally non-refundable.

Refund requests, if any, are reviewed solely at the discretion of Cdesigns Marketing.

Products fulfilled through our affiliated printing company, CdesignsPrint, are governed by the applicable CdesignsPrint Refund Policy.

9. Client Content

The client represents and warrants that all materials supplied to Cdesigns Marketing—including logos, photographs, artwork, videos, written content, trademarks, and other materials—are owned by the client or properly licensed for use.

The client is solely responsible for obtaining all required permissions, licenses, releases, and approvals for submitted materials.

Cdesigns Marketing is not responsible for verifying ownership of client-provided content.

10. Intellectual Property

Upon payment in full, ownership of original custom work created specifically for the client—including logos, branding, custom graphics, website designs, original written content, and other original creative materials—transfers to the client unless otherwise agreed in writing.

Ownership does not transfer for third-party licensed materials, including but not limited to:

• stock photography
• stock illustrations
• fonts
• software
• plugins
• website themes
• templates
• icons
• maps
• video assets
• licensed music
• other third-party content

Such materials remain the property of their respective owners and are governed by the terms of their applicable licenses.

Cdesigns Marketing retains ownership of its proprietary methods, workflows, templates, code libraries, automation systems, AI prompts, internal processes, trade secrets, and other business tools used to provide its services.

11. AI-Assisted Services

Cdesigns Marketing may use artificial intelligence (“AI”) tools to assist with research, brainstorming, content drafting, image generation, coding assistance, organization, data analysis, and other tasks that improve efficiency.

All AI-assisted work is reviewed, edited, and approved by qualified team members before delivery.

AI is used as a productivity tool and does not replace professional judgment, strategy, creativity, or human review.

12. Third-Party Services

Our services may involve third-party products, software, or platforms, including but not limited to search engines, AI search platforms, website builders, content management systems, payment processors, hosting providers, domain registrars, analytics services, advertising platforms, email marketing services, and social media platforms.

Cdesigns Marketing is not responsible for interruptions, outages, pricing changes, discontinued features, security incidents, policy changes, algorithm updates, or other actions taken by third-party providers.

Clients remain subject to the terms and policies of all third-party services they choose to use.

13. Search Engine and Platform Disclaimer

Search engines, AI search platforms, advertising platforms, social media platforms, and other online services regularly modify their algorithms, policies, technologies, and ranking methodologies.

These changes are entirely outside the control of Cdesigns Marketing.

Accordingly, we are not responsible for changes in rankings, traffic, visibility, advertising performance, lead generation, or other results resulting from actions taken by these third parties.

14. No Guarantee of Results

Cdesigns Marketing uses professional judgment, industry best practices, and commercially reasonable efforts in providing its services.

However, marketing outcomes depend upon numerous factors beyond our control, including competition, market conditions, customer behavior, search engine algorithms, advertising platforms, AI search technologies, and client participation.

Accordingly, we do not guarantee:

• search engine rankings;
• website traffic;
• AI search visibility;
• leads;
• sales;
• conversion rates;
• return on investment;
• advertising performance;
• social media engagement; or
• any specific business outcome.

Past performance does not guarantee future results.

15. Website Hosting and Maintenance

Clients purchasing hosting or maintenance services acknowledge that occasional scheduled maintenance, software updates, security updates, server maintenance, and emergency repairs may temporarily affect website availability.

Although we use commercially reasonable efforts to maintain reliable hosting services, we do not guarantee uninterrupted, error-free, or completely secure hosting services.

Cdesigns Marketing is not liable for outages or service interruptions caused by hosting providers, internet providers, domain registrars, cyberattacks, force majeure events, or other circumstances beyond our reasonable control.

To the fullest extent permitted by law, Cdesigns Marketing shall not be liable for any loss of revenue, loss of profits, loss of business opportunities, business interruption, loss of data, or other consequential damages resulting from website downtime, service interruptions, or hosting-related issues, regardless of cause.

Unless specifically included in a written proposal or agreement, Cdesigns Marketing does not represent or warrant that websites are fully compliant with the Americans with Disabilities Act (ADA), the Web Content Accessibility Guidelines (WCAG), or any other accessibility laws or standards. Accessibility audits, remediation, and ongoing compliance services are available as separate services upon request.

Clients are responsible for renewing and maintaining ownership of their domain names unless domain management services have been purchased from Cdesigns Marketing.

16. Confidentiality

Each party agrees to keep confidential any non-public business information received from the other party during the course of the business relationship.

Confidential information does not include information that:

• becomes publicly available through no fault of the receiving party;
• was already lawfully known;
• is independently developed; or
• must be disclosed by law or court order.

This obligation survives termination of the business relationship.

17. Limitation of Liability

To the fullest extent permitted by law, Cdesigns Marketing shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunities, business interruption, loss of goodwill, or loss of data arising out of or relating to the use of our website or services.

Our total liability for any claim arising out of or relating to our services shall not exceed the amount actually paid by the client for the specific services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability shall be limited to the maximum extent permitted by applicable law.

18. Indemnification

The client agrees to defend, indemnify, and hold harmless Cdesigns Marketing, its owners, employees, contractors, affiliates, and representatives from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• materials supplied by the client;
• the client’s violation of these Terms;
• the client’s violation of any law or third-party rights;
• unauthorized use of copyrighted materials, trademarks, or other intellectual property provided by the client; or
• misuse of services provided by Cdesigns Marketing.

19. Termination

Either party may terminate services in accordance with the applicable service agreement or subscription terms.

Termination does not relieve either party of obligations incurred before the effective termination date, including payment for services already performed or scheduled.

Upon termination, Cdesigns Marketing may discontinue access to services, hosting, software, marketing campaigns, or other recurring services once all contractual obligations have been satisfied.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

21. Venue and Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the services provided by Cdesigns Marketing shall be brought exclusively in the state or federal courts located in Pima County, Arizona.

By using our services, both parties consent to the personal jurisdiction and venue of those courts.

22. Force Majeure

Cdesigns Marketing shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, severe weather, war, terrorism, labor disputes, government actions, internet outages, utility failures, cyberattacks, pandemics, supplier failures, or interruptions of third-party services.

Performance shall resume as soon as reasonably practicable after the event has ended.

23. Electronic Communications

By contacting Cdesigns Marketing or purchasing our services, you consent to receive communications electronically, including invoices, estimates, project updates, service notifications, and other communications related to your account.

Electronic communications satisfy any legal requirement that such communications be in writing.

24. Entire Agreement

These Terms, together with any accepted proposal, estimate, invoice, subscription agreement, project agreement, Privacy Policy, Refund Policy, or other written agreement between the parties, constitute the entire agreement between Cdesigns Marketing and the client regarding the services provided.

These documents supersede all prior discussions, proposals, representations, or agreements relating to the same subject matter.

If a conflict exists between these Terms and a separately executed written agreement signed by both parties, the signed agreement shall control.

25. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Any invalid or unenforceable provision shall be interpreted, modified, or limited only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

26. No Waiver

Failure by Cdesigns Marketing to enforce any provision of these Terms shall not be considered a waiver of that provision or of any other rights available under these Terms.

Any waiver must be in writing and signed by an authorized representative of Cdesigns Marketing.

27. Assignment

The client may not assign or transfer any rights or obligations under these Terms without the prior written consent of Cdesigns Marketing.

Cdesigns Marketing may assign its rights or obligations as part of a merger, acquisition, sale of assets, business restructuring, or other lawful business transaction.

28. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices.

The most current version will always be posted on our website with the updated Effective Date.

Continued use of our website or services after revised Terms become effective constitutes acceptance of those changes.

29. Contact Information

If you have questions regarding these Terms of Service, please contact theteam@cdesignsmarketing.com.