Effective Date: November 15, 2024
By engaging with the services offered by OrangeSky Marketing, LLC (“OrangeSky,” “we,” “our,” or “us”), including Website Development, Hosting, SEO, PPC, and CRM services (collectively, the “Services”), you (“Client,” “User,” “you,” or “your”) agree to be bound by these Terms and Conditions. Please read them carefully. If you do not agree, you must refrain from using our Services.
1. Scope of Services
OrangeSky provides digital marketing solutions, including but not limited to:
- Website development and maintenance
- Hosting
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) advertising
- Customer Relationship Management (CRM) support and integration
2. Eligibility
Users must:
- Be at least 18 years old.
- Be competent to enter into legally binding contracts.
- Provide accurate and up-to-date information during the sign-up process.
3. User Responsibilities
Users agree to:
- Use the Services in compliance with all applicable laws and regulations.
- Not use the Services to distribute spam, malware, or unlawful content.
- Ensure any content submitted does not infringe on third-party rights.
Users are strictly prohibited from:
- Using the Services for unlawful or unauthorized purposes.
- Regularly back up their own data; OrangeSky is not responsible for any data loss. Nonetheless, OrangeSky warrants and represents that it automatically backs up its data weekly.
- Willfully using automated tools or robots to access or disrupt the Services.
4. Fees and Payments
- Billing Cycle: Services are billed monthly, quarterly, or annually, as agreed in your contract.
- Refund Policy: All sales are final. Refunds will be issued for unused services in the instance of OrangeSky nonperformance. Other refunds based on unused services will not be issued unless explicitly stated in your agreement.
- Chargebacks: OrangeSky maintains a zero-tolerance policy for chargebacks not initiated in good faith. Users are encouraged to resolve disputes with OrangeSky’s support team before escalating through chargeback channels. Unauthorized chargebacks may result in account suspension and collection actions.
- Renewal: Contracts automatically renew unless canceled at least 30 days before the end of the billing cycle. Clients will receive a renewal notice via email at least 45 days prior to the renewal date.
5. Suspension and Termination
OrangeSky reserves the right to suspend or terminate services, without notice, for:
- Violations of these Terms and Conditions.
- Non-payment of fees.
- Conduct deemed detrimental to OrangeSky’s interests or reputation.
Suspended accounts will remain inactive until full compliance or resolution is achieved. Repeated violations may lead to permanent termination. The client will be liable for any and all balances outstanding in their account and will be due at the time of suspension or termination as per their agreement.
6. Privacy and Data Usage
All personal data collected will be handled in accordance with our Privacy Policy. OrangeSky may retain anonymized data for analytical purposes to improve our Services.
7. Intellectual Property
- All proprietary tools, software, and designs provided by OrangeSky remain our intellectual property.
- Users retain ownership of their content but grant OrangeSky a limited license to use it solely for delivering the Services.
- Users are responsible for ensuring their content does not infringe third-party copyrights or trademarks.
8. Limited Liability
OrangeSky, its employees, and its affiliates will not be held liable for:
- Indirect, incidental, or consequential damages arising from the use of our Services.
- Loss of data, profits, or revenue.
Our maximum liability is limited to the amount paid by the User for the Services during the month in which the claim arises.
9. Service Interruptions
While OrangeSky strives for 99.9% uptime, we will notify users promptly of scheduled maintenance or significant service interruptions. We do not guarantee uninterrupted service due to:
- Scheduled maintenance
- Unforeseen technical issues
- Third-party service disruptions
- Acts of God
Users are encouraged to report service issues promptly to minimize downtime.
10. Modifications to Terms
OrangeSky reserves the right to update these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Continued use of the Services constitutes acceptance of the modified Terms.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of in which Client resides without regard to its conflict of laws principles. Any disputes arising out of or in connection with this Agreement shall be resolved in the courts located in the Client’s state of residence.
12. Contact Information
For questions, disputes, or support, please contact us or call (602) 878-8018
13. Entire Agreement
These Terms, along with the Privacy Policy and any additional written agreements, constitute the entire agreement between the User and OrangeSky, superseding any prior agreements.
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