These Terms of Service ("Terms") govern your access to and use of the 704MKT website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Acceptance of Terms
By accessing our website, engaging our services, or communicating with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, clients, and others who access or use our services.
2. Services Description
704MKT provides marketing services including, but not limited to:
- Website design and application development
- Search engine optimization (SEO)
- Paid advertising management (Google Ads, Meta Ads, LinkedIn Ads)
- CRM automation and marketing automation
- Creative services including graphic design and content creation
- Email marketing and marketing consulting
Specific services, deliverables, timelines, and pricing are outlined in individual service agreements or statements of work executed between 704MKT and the client.
3. Client Agreements and Engagement
Engagement of our services requires a signed service agreement, statement of work, or proposal that outlines:
- Scope of services and deliverables
- Project timelines and milestones
- Pricing, payment terms, and billing schedule
- Responsibilities of both parties
- Term and termination provisions
These individual agreements supplement and are incorporated into these Terms of Service.
4. Payment Terms
Unless otherwise specified in your service agreement:
- All fees are due according to the payment schedule outlined in your agreement
- Invoices are typically due within 15 days of receipt unless otherwise stated
- Late payments may incur interest charges of 1.5% per month or the maximum allowed by law
- We reserve the right to suspend services for accounts with overdue balances
- All fees are non-refundable unless explicitly stated in your agreement
- Client is responsible for any third-party costs (e.g., advertising spend, software licenses, stock photography)
5. Client Responsibilities
As a client, you agree to:
- Provide accurate, complete, and timely information necessary for service delivery
- Grant necessary access to accounts, platforms, and systems required for our work
- Respond to requests for feedback and approvals within reasonable timeframes
- Ensure you have the legal right to use all materials provided to us (content, images, logos, etc.)
- Comply with all applicable laws and regulations in your use of our services
- Maintain the confidentiality of any login credentials or account access we provide
6. Intellectual Property Rights
Client-Provided Materials
You retain all rights to materials you provide to us. By providing materials, you grant us a license to use, reproduce, modify, and display them as necessary to perform our services.
Work Product
Upon full payment, you receive ownership of deliverables specifically created for you as outlined in your service agreement. This typically includes final designs, custom code, and content created specifically for your project.
Retained Rights
704MKT retains ownership of:
- Proprietary methodologies, processes, and tools
- Pre-existing materials and templates
- General knowledge and techniques developed during service delivery
- The right to use completed work in our portfolio and marketing materials
7. Confidentiality
Both parties agree to maintain the confidentiality of sensitive information shared during the engagement. This includes business strategies, financial information, customer data, and proprietary processes. Confidential information must not be disclosed to third parties without prior written consent, except as required by law.
8. Service Warranties and Disclaimers
We warrant that our services will be performed in a professional manner consistent with industry standards. However:
- We do not guarantee specific results, rankings, traffic, leads, or sales
- Marketing outcomes depend on numerous factors beyond our control
- Search engines and advertising platforms may change algorithms and policies
- Services are provided "as is" except as explicitly warranted in your service agreement
9. Limitation of Liability
To the maximum extent permitted by law:
- 704MKT's total liability for any claim arising from our services shall not exceed the amount paid by the client in the 12 months preceding the claim
- We are not liable for indirect, incidental, consequential, or punitive damages
- We are not liable for losses resulting from third-party platforms, services, or circumstances beyond our reasonable control
- We are not responsible for data loss; clients are responsible for maintaining backups
10. Indemnification
You agree to indemnify and hold harmless 704MKT, its affiliates, and personnel from any claims, damages, or expenses (including legal fees) arising from:
- Your use of our services
- Your violation of these Terms or applicable laws
- Materials you provide that infringe on third-party rights
- Your business practices or products/services offered
11. Term and Termination
The term of service is specified in your individual agreement. Either party may terminate the agreement:
- With written notice as specified in the agreement (typically 30 days)
- Immediately for material breach that remains uncured after written notice
- Immediately if the other party becomes insolvent or files for bankruptcy
Upon termination:
- Client remains responsible for all fees incurred up to the termination date
- We will provide completed deliverables upon receipt of full payment
- Each party will return or destroy confidential information as requested
- Provisions regarding confidentiality, payment, and limitation of liability survive termination
12. Third-Party Services and Platforms
Our services often involve third-party platforms (Google, Meta, LinkedIn, etc.). We are not responsible for:
- Changes to third-party platform policies, algorithms, or features
- Account suspensions or penalties imposed by third parties
- Third-party platform downtime or technical issues
- Pricing changes or policy violations on advertising platforms
13. Website Use and Restrictions
You may not:
- Use our website for any unlawful purpose
- Attempt to gain unauthorized access to our systems or data
- Interfere with or disrupt our website or services
- Scrape, copy, or reproduce website content without permission
- Transmit viruses, malware, or harmful code
- Impersonate 704MKT or misrepresent your affiliation with us
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify clients of material changes via email or through our website. Continued use of our services after changes constitutes acceptance of the modified Terms. Your individual service agreement remains binding according to its terms.
15. Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, labor disputes, internet or utility failures, or other force majeure events.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall be resolved through:
- Good faith negotiation between the parties
- If negotiation fails, binding arbitration in Charlotte, North Carolina
- Arbitration shall be conducted under the American Arbitration Association rules
- Each party bears its own costs unless otherwise awarded by the arbitrator
17. Severability and Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
18. Entire Agreement
These Terms, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and 704MKT regarding our services, superseding any prior agreements or communications.
19. Contact Information
For questions about these Terms of Service, please contact us: