Author: Derek Clements

Last Updated: October 8, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. BY SIGNING UP FOR, ACCESSING, OR USING OUR MARKETING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Acceptance of Terms

By clicking "I Agree" and signing up for our marketing services, you (“Client”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these terms, you must not proceed with the sign-up process or use our services.

2. Services Provided

We provide a range of marketing services, including but not limited to digital marketing, social media management, content creation, and email campaigns. The specific services provided will be outlined in the quote, which is incorporated into these Terms by reference.

3. Client Responsibilities

You agree to:

Provide accurate, complete, and up-to-date information when requested.

Cooperate with our team by providing timely feedback and approvals.

Ensure that all content and materials you provide do not violate any third-party rights or applicable laws.

Comply with all applicable laws and regulations related to your use of our services.

4. Fees and Payment Terms

The fees for the services will be outlined in the quote.

All payments are due per the terms of the quote.  Failure to make timely payments may result in suspension or termination of services.

Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.

5. Term and Termination

These Terms are effective as of the date you sign up for our services and will remain in effect unless terminated.

Either party may terminate this Agreement by providing 30 days' written notice. Termination by Client prior to the end of the agreed upon Term shall result in full payment of the remaining Term becoming immediately due.

We reserve the right to terminate or suspend your access to the services immediately and without prior notice for any breach of these Terms or if we are required to do so by law.

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the provision of the services, including pricing, marketing strategies, and any business information not publicly available.

7. Intellectual Property

We retain all rights, title, and interest in and to all intellectual property created or provided as part of the services, including, without limitation, software, designs, content, and strategies, except for any materials you provide to us.

You are granted a non-exclusive, non-transferable license to use the deliverables solely for your internal marketing purposes.

8. Limitations of Liability

We are not liable for any indirect, incidental, or consequential damages, including lost profits, loss of data, or business interruptions, arising out of the use or inability to use our services.

Our maximum liability arising out of or related to these Terms shall not exceed the total amount paid by you for the services in the preceding 12 months.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to your use of the services, breach of these Terms, or violation of any third-party rights.

10. Dispute Resolution

Any disputes arising out of or relating to these Terms will be resolved through binding arbitration in accordance with the rules of American Arbitration Association, with the arbitration to take place in Williamson County, Tennessee.

You agree to waive any right to a jury trial or to participate in a class action.

11. Governing Law

These Terms and any disputes arising from or related to them will be governed by and construed in accordance with the laws of Delaware without regard to its conflict of laws principles.

12. Changes to Terms

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting, and continued use of the services constitutes acceptance of the revised Terms.

13. Marketing

GANI may use the logo, image, brand and or likeness of your company for marketing or similar purposes without the written consent of Company. 

14. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us at:

GANI CONSULTING LLC
Mailing Address: 1441 New Hwy 96 W Ste 2, # 154 Franklin, TN 37064
Email Address: gani@ganiconsulting.com
Phone Number: (615) 649-9028