Terms of Service
An Introduction to the Terms of Service at Markitors
Welcome to Markitors! Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to connect small businesses with customers…and have a good time doing it. Markitors offers services that aim to connect small businesses with their customers. This gives the small businesses we work with the opportunity to grow their company in a sustainable and predictable way.
- Clients own the content; Once our work is approved in writing, clients take ownership of said work and Markitors is not responsible for changes made to the work.
- Clients are responsible for the work; changes made to our work after final approval that adversely affects the digital marketing of the Client’s list will not be Markitors’s responsibility.
- Month-to-month agreements with a 90-day opt-out; The length of our contracts are month to month, with a Client option to opt-out at any time if a ninety (90) day written notice is provided.
- We will produce a maximum of two copy written versions of SEO work. Markitors will produce the original version and a second edited version after client input.
- You agree to provide Markitors with access, authorization, and content. For the purposes of providing these services, client agrees to provide Markitors with Google Analytics & Google Search Console Access, website access, and use of all client logos, trademarks, website images, etc. for SEO purposes.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Markitors policies, you can initiate a report by emailing [email protected]
We are pleased that you want to use Markitors Services and encourage you to read the full Terms of Service.
Last updated: 6/21/2021
Notwithstanding anything to the contrary contained herein, Markitors warrants to the “Client” that the services and other related materials provided to Client under this Agreement by Markitors will not infringe any United States patent, trademark, copyright, or other intellectual property right of any third party. Moreover, Markitors hereby agrees to indemnify, defend, and hold Client harmless from and against any claims, actions, or demands alleging that the services and/or the other related materials provided to Client by Markitors under this Agreement infringes any patent, copyright, or other intellectual property right of a third party. Should the services and/or other related materials become the subject of any infringement claim or suit, Client shall permit Markitors, at Markitors’ option, to either replace or modify any affected Markitors services and/or other related materials so as to avoid infringement or to procure the right for Client to continue using such items or, if neither of such alternatives is available to Markitors on commercially reasonable terms, the infringing items shall be returned to Markitors and Markitors shall refund the amounts paid therefore by Client under this Agreement.
Client’s Intellectual Property:
Title to and ownership of Client’s Intellectual Property Rights shall at all times remain with the Client. This Agreement shall be not construed to grant to Markitors or any other party any right, title, or interest in any of Client’s Intellectual Property Rights whatsoever, or any right to copy, modify, or lease Client’s Intellectual property Rights. Under no circumstances shall Markitors, nor shall Markitors permit any third party to knowingly, reverse assemble, reverse compile, reverse translate or otherwise reverse engineer Client’s Intellectual Property Rights or otherwise attempt to learn or derive the source code, structure, algorithms or ideas underlying any of Client’s Intellectual Property Rights. In no event shall Markitors knowingly use, or knowingly permit any third party to use, Client’s Intellectual Property Rights in any manner not specifically authorized hereunder. “Intellectual Property Rights” collectively means any and all copyrights, patents, patent registration rights, business processes, disc rights, mask works, trademarks, trade names, service marks, service names, trade secrets, and know-how rights arising or enforceable under U.S. law, foreign law, or international treaty regime.
Each Party agrees at all times during the term of this Agreement and thereafter, except as may be otherwise required by law, to hold in strictest confidence, and not to use, except for the benefit o f the Disclosing Party, or to disclose to any person, firm, or corporation except for the benefit of the Disclosing Party and with written authorization of an authorized officer of the Disclosing Party, any Confidential Information of the Disclosing Party. The Partie s understand that “Confidential Information” means any of the Disclosing Party’s proprietary information, technical data, trade secrets or know-how, including, but not limited to, leads, vendors, suppliers, accounts, business plans, marketing plans, research, product plans, products, services, customer lists and customers (including, but not limited to, customers, suppliers, and/or vendors of the Disclosing Party on whom the Receiving Party called or with whom the Receiving Party became acquainted during the term of this Agreement), software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, finances o r other business information disclosed to the Receiving Party by the Disclosing Party either directly or indirectly in writing, orally, or by drawings or observation. The Parties further agree and understand that Confidential Information does not include any of the foregoing items that has become publicly known and made generally available through no wrongful act of the Receiving Party or of others who were not under confidentiality obligations as to the item or items involved or improvements or new versions thereof. For purposes of this Agreement, the Party disclosing Confidential Information shall b e referred to herein as the “Disclosing Party” and the Party receiving such Confidential Information shall be referred to as the “Receiving Party.”
The length of this contract is month to month, with a Client option to opt-out at any time if a ninety (90) day written notice is provided. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. Except as expressly required by law, in the event of termination of this Agreement, neither party shall be liable to the other, because of such termination, for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill. Termination shall not, however, relieve either party of obligations incurred prior to the termination.
Markitors.com will produce a maximum of two copy written versions of SEO work – the original version and a second edited version after client input. SEO work includes written copy of a blog post, images, and descriptions; all modifications for SEO of existing content, creation of new content. SEO backlinks will not have any work edits, although clients may request to remove a backlink. All work will be considered approved by a client if no response is received within ten (10) business days of requesting approval.
Changes to Work:
Once our work is approved in writing, clients take ownership of said work and Markitors is not responsible for changes made to the work — by other parties or by the client, either before or after sending social media posts, email campaigns or paid ads — after this final approval. Changes made to our work after final approval that adversely affects the digital marketing of the Client’s list will not be Markitors’s responsibility.
Markitors.com will begin work immediately upon receipt of this signed contract/proposal, but no work will be delivered until the deposit or first monthly payment is received. Client shall make full payment for services by the date stated on the invoices and shall pay contract deposit upon receipt and agreement to the contract. Markitors.com shall provide detailed invoices and shall maintain, and provide, upon request, backup documentation for a period of one year from the date of the respective invoices. For monthly payments, the client is billed at the first of every month. Payment is due Net 30 days. Work is suspended if payments lapse beyond Net 45 days.
The above Markitors Services shall be performed only for the specified contract agreed upon by the Client. The total price sh all depend upon the services selected by the Client.
Access, Authorization, and Content:
For the purposes of providing these services, client agrees to provide:
- Google Analytics & Google Search Console Access
- Access to the website to add blogs and make technical SEO changes
- Client authorizes Markitors use of all client logos, trademarks, Website images, etc., for use in creating SEO posts and other uses as deemed necessary by Markitors.com for SEO
If you have any questions about this Terms of Service, please contact us.