Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the website magnetiqmarketingsolutions.com (the "Site") and any services provided by Magnetiq Marketing Solutions ("Magnetiq," "we," "us," or "our"). By accessing the Site or engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Site or our services.

1. Services

Magnetiq provides marketing and related services, which may include search engine optimization, social media marketing and management, website design and development, email marketing, branding and promotional products, notary coordination, content production, and marketing consulting (collectively, the "Services"). The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate written proposal, quote, or agreement ("Engagement Terms"). If there is a conflict between these Terms and specific Engagement Terms, the Engagement Terms control for that engagement.

2. No guarantee of results

Marketing outcomes depend on many factors outside our control, including search engine algorithms, advertising platform policies, market conditions, competition, seasonality, and your own business operations. Accordingly, we do not guarantee any specific results, including but not limited to search rankings, website traffic, lead volume, follower growth, engagement rates, conversion rates, revenue, or return on investment. Any figures discussed in proposals, consultations, or on the Site are illustrative estimates only and do not constitute a promise or warranty of performance.

3. Third-party platforms and services

The Services frequently involve third-party platforms and providers (for example, Google, Meta/Facebook, Instagram, LinkedIn, email service providers, hosting providers, domain registrars, and printing vendors). We are not responsible for the acts, omissions, outages, policy changes, account suspensions, ranking changes, fee changes, or data practices of any third party. Your use of third-party platforms is governed by their own terms, and you are responsible for complying with them.

4. Fulfillment by independent contractors

Certain Services, such as promotional product production and notary services, are fulfilled by independent contractors in our network. While we coordinate and manage such work as your single point of contact, these contractors are independent businesses, not employees or agents of Magnetiq. Notarial acts are performed solely by the commissioned notary, who is exclusively responsible for the legal validity of those acts. Magnetiq's responsibility for contractor-fulfilled work is limited to reasonable coordination and, where applicable, re-performance or refund as described in Section 10.

5. Client responsibilities

• Provide accurate, complete, and lawful information, content, and materials needed for the Services
• Ensure you own or have rights to all content, trademarks, images, and materials you supply to us
• Review and approve deliverables in a timely manner
• Maintain your own accounts, passwords, domains, and backups unless otherwise agreed in writing
• Comply with all laws applicable to your business and marketing, including advertising, consumer protection, and anti-spam laws (such as CAN-SPAM and the TCPA)

You are solely responsible for the accuracy and legality of claims made about your own products and services in any marketing materials we prepare at your direction or with your approval.

6. Payment terms

Fees, billing schedules, and payment methods are set out in the applicable Engagement Terms. Unless otherwise stated in writing: invoices are due upon receipt; work may be paused or suspended on accounts with overdue balances; and deposits and payments for work already performed are non-refundable. Monthly service plans may be canceled with written notice as described in the applicable Engagement Terms; cancelation takes effect at the end of the current billing period.

7. Intellectual property

Upon full payment, and unless otherwise stated in the Engagement Terms, you receive ownership of the final deliverables created specifically for you. We retain ownership of our pre-existing materials, tools, know-how, templates, and processes, and we retain the right to display completed work in our portfolio and marketing unless you request otherwise in writing. All content on the Site itself (text, design, graphics, code) is our property or used with permission and may not be copied or reused without written consent.

8. Disclaimer of warranties

THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGNETIQ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAGNETIQ, ITS OWNERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGNETIQ'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO MAGNETIQ FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Sole and exclusive remedy

If any deliverable materially fails to conform to the agreed Engagement Terms, your sole and exclusive remedy is, at our option, (a) re-performance or correction of the non-conforming work, or (b) a refund of the fees paid for the specific non-conforming deliverable. You must notify us in writing of any claimed non-conformity within thirty (30) days of delivery, or the deliverable is deemed accepted.

11. Indemnification

You agree to defend, indemnify, and hold harmless Magnetiq, its owners, employees, and contractors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) content, materials, or information you provide to us; (b) your products, services, or business operations; (c) your violation of these Terms or of any law or regulation; or (d) your infringement of any third-party right, including intellectual property, privacy, or publicity rights.

12. Third-party links and demo sites

The Site contains links to and previews of third-party websites, including client sites and demonstration sites. These are provided for convenience and illustration only. We do not control and are not responsible for the content, accuracy, or practices of third-party websites.

13. Termination

We may suspend or terminate access to the Site, or decline or discontinue any engagement, at our discretion, including for non-payment, abusive conduct, unlawful activity, or breach of these Terms. Sections of these Terms that by their nature should survive termination (including Sections 2, 7, 8, 9, 10, 11, 14, and 15) will survive.

14. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction and venue of those courts. To the extent permitted by law, each party waives any right to a jury trial, and any claim must be brought in the party's individual capacity and not as part of any class or representative proceeding.

15. General

These Terms, together with any applicable Engagement Terms and our Privacy Policy, constitute the entire agreement between you and Magnetiq regarding the Site and Services. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. We may update these Terms from time to time; the "Last updated" date reflects the most recent revision, and continued use of the Site or Services after changes are posted constitutes acceptance.

16. Contact

Questions about these Terms can be sent to info@texasmarketingconsultants.com.