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Terms and Conditions

Comprehensive Terms and Conditions

Welcome to Prop Marketing and Advertising! We are a leading digital marketing agency dedicated to helping businesses of all sizes achieve their online marketing goals. By accessing or using our services, you agree to be bound by these comprehensive terms and conditions and our privacy policy. If you do not agree with any part of these terms, please do not use our services.

Services Offered

Prop Marketing and Advertising provides a wide range of digital marketing services to our clients, including but not limited to:

  1. Social Media Marketing: We offer comprehensive social media marketing services, including strategy development, content creation, community management, and paid advertising campaigns across all major social media platforms.
  2. Search Engine Optimization (SEO): Our team of SEO experts will work with you to optimize your website, content, and online presence to improve your visibility and ranking in search engine results.
  3. Pay-Per-Click (PPC) Advertising: We specialize in creating and managing highly targeted PPC campaigns on platforms like Google Ads, Bing Ads, and social media advertising networks to drive qualified traffic and generate leads.
  4. Content Creation and Distribution: Our content marketing services include the development of high-quality, engaging content such as blog posts, articles, videos, and infographics, as well as the distribution of this content across various channels to reach your target audience.
  5. Email Marketing: We can help you build and maintain an effective email marketing strategy, including list building, email campaign creation, and performance tracking and optimization.
  6. Web Design and Development: Our web design and development services include the creation of custom, responsive websites that are optimized for both user experience and search engine visibility.
  7. Reputation Management: We can help you monitor and manage your online reputation, addressing any negative reviews or comments and promoting positive brand sentiment.
  8. Analytics and Reporting: We provide comprehensive analytics and reporting services to track the performance of your digital marketing campaigns and measure the return on your investment.

We reserve the right to modify, suspend, or discontinue any service at any time without notice, based on changes in market conditions, technology, or our own strategic priorities.

Client Responsibilities

As a client of Prop Marketing and Advertising, you agree to the following responsibilities:

  1. Provide Accurate and Complete Information: You agree to provide our team with accurate and complete information necessary for the provision of our services. This includes, but is not limited to, your business goals, target audience, existing marketing materials, and any relevant data or analytics.
  2. Respond Promptly to Requests: You agree to respond promptly to any requests for information, feedback, or approvals from our team. Timely communication and collaboration are essential for the success of our engagements.
  3. Comply with Applicable Laws and Regulations: You agree to comply with all applicable laws, regulations, and industry standards in your use of our services. This includes, but is not limited to, laws and regulations related to data privacy, content creation, and advertising.
  4. Refrain from Unethical or Unlawful Activities: You agree to refrain from engaging in any unlawful or unethical activities that may harm our company, our employees, or our reputation. This includes, but is not limited to, the use of our services for the promotion of illegal goods or services, the dissemination of false or misleading information, or the infringement of intellectual property rights.
  5. Provide Necessary Access and Permissions: You agree to provide our team with the necessary access and permissions to your online accounts, platforms, and systems in order to effectively deliver our services. This may include, but is not limited to, access to your website, social media accounts, email marketing platform, and analytics tools.
  6. Maintain Confidentiality: You agree to maintain the confidentiality of any confidential information disclosed by Prop Marketing and Advertising during the course of our engagement. This includes, but is not limited to, trade secrets, business plans, financial information, and client data.
  7. Provide Timely Feedback and Approvals: You agree to provide timely feedback and approvals on the work performed by our team. This will ensure the smooth and efficient delivery of our services and help us achieve the desired outcomes for your business.
  8. Respect Intellectual Property Rights: You agree to respect the intellectual property rights of Prop Marketing and Advertising and our licensors. This includes, but is not limited to, the use of our proprietary tools, methodologies, and content.

Failure to fulfill these client responsibilities may result in delays, suboptimal results, or the termination of our engagement, at the sole discretion of Prop Marketing and Advertising.

Intellectual Property Rights

All intellectual property rights in the services provided by Prop Marketing and Advertising, including but not limited to copyrights, trademarks, and trade secrets, remain the property of Prop Marketing and Advertising or its licensors. You are granted a limited, non-exclusive, non-transferable license to use our services for the duration of your engagement with us.This means that you do not own the underlying intellectual property rights to the work we create for you, such as website designs, content, or advertising campaigns. However, you are granted the right to use these materials for the purposes of your business, as long as you comply with the terms of this agreement.You agree not to modify, reproduce, distribute, or create derivative works from any of the intellectual property owned by Prop Marketing and Advertising without our prior written consent. Additionally, you agree not to reverse engineer, decompile, or disassemble any of our proprietary tools or technologies.In the event that you provide us with any of your own intellectual property, such as logos, trademarks, or copyrighted materials, you grant us a limited, non-exclusive license to use that intellectual property for the purpose of delivering our services to you. You represent and warrant that you have the necessary rights and permissions to grant us this license.

Confidentiality

Both Prop Marketing and Advertising and our clients agree to maintain the confidentiality of any confidential information disclosed during the course of our engagement. Confidential information includes, but is not limited to, trade secrets, business plans, financial information, client data, and any other information that is not publicly available.We understand that the success of your business may depend on the protection of your confidential information, and we take this responsibility seriously. Our team is trained to handle confidential information with the utmost care and discretion, and we have implemented robust security measures to protect the integrity of your data.You, as the client, also agree to maintain the confidentiality of any confidential information disclosed by Prop Marketing and Advertising, such as our proprietary methodologies, strategies, and technologies. This information is the lifeblood of our business, and we trust that you will respect its confidentiality.In the event that either party is required to disclose confidential information by law or a valid court order, they shall provide the other party with prompt written notice of such requirement, to the extent permitted by law, and shall cooperate with the other party in obtaining a protective order or other appropriate remedy to preserve the confidentiality of the information.The obligations of confidentiality under this agreement shall survive the termination or expiration of our engagement, and shall continue in effect for a period of 1 years after the termination or expiration of the agreement.If you have any questions or concerns about the confidentiality of your information, please don’t hesitate to contact us at support@propmna.com.

Limitation of Liability

Prop Marketing and Advertising shall not be liable for any indirect, special, incidental, or consequential damages arising out of or related to the use of our services. Our total liability shall not exceed the amount paid by the client for the specific service or campaign in question.This means that we are not responsible for any indirect or unintended consequences that may arise from the use of our services, such as lost profits, business interruption, or reputational damage. Our liability is limited to the direct costs associated with the specific service or campaign that the client has paid for.We believe that this limitation of liability is fair and reasonable, as it allows us to provide our services at competitive rates while still maintaining the financial stability of our business. It also encourages our clients to work closely with us to ensure the success of our engagements, as they share in the responsibility for the outcomes.It’s important to note that this limitation of liability does not apply in cases of gross negligence, willful misconduct, or fraud on the part of Prop Marketing and Advertising. In such cases, we may be held liable for the full extent of the damages incurred by the client.

Indemnification

The client agrees to indemnify and hold harmless Prop Marketing and Advertising, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorney’s fees) arising out of or related to the client’s use of our services or violation of these terms and conditions.This means that if a third party brings a claim against Prop Marketing and Advertising as a result of the client’s use of our services or the client’s violation of these terms, the client will be responsible for defending against that claim and for any resulting damages or expenses.For example, if a client uses our services to create and distribute content that infringes on the intellectual property rights of a third party, the client would be responsible for defending against any legal action brought by that third party and for any resulting damages or legal fees.The indemnification obligation applies regardless of whether the claim or liability is based on contract, tort, or any other legal theory. It is intended to protect Prop Marketing and Advertising from any and all liabilities that may arise from the client’s use of our services or violation of these terms.

Termination

Either party may terminate the engagement at any time by providing written notice to the other party. In the event of termination, the client shall be responsible for all fees and expenses incurred up to the date of termination.This means that if either Prop Marketing and Advertising or the client decides to end the engagement, the client will be required to pay for all the work that has been completed up to that point, as well as any out-of-pocket expenses that have been incurred.The termination of the engagement may be initiated for a variety of reasons, such as:

  • The client is no longer satisfied with the services being provided
  • The client’s business priorities or marketing objectives have changed
  • Prop Marketing and Advertising is unable to continue providing the agreed-upon services
  • There is a breach of the terms and conditions by either party

Regardless of the reason for termination, both parties agree to work together in good faith to ensure a smooth and orderly transition, and to minimize any disruption to the client’s business operations.In the event of termination, Prop Marketing and Advertising will provide the client with all deliverables and work products that have been completed up to the date of termination, subject to the client’s payment of all outstanding fees and expenses.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising out of or related to these terms and conditions shall be resolved in the courts of Colorado.This means that if any disputes or disagreements arise between Prop Marketing and Advertising and the client, they will be resolved according to the laws of the specified jurisdiction, and any legal proceedings will take place in the courts of that jurisdiction.By agreeing to these terms and conditions, the client acknowledges and consents to the jurisdiction of the specified courts, and agrees to submit to their authority in the event of a dispute.

Miscellaneous Provisions

  1. Entire Agreement: These terms and conditions constitute the entire agreement between the parties and supersede any prior understandings or agreements. No modification or waiver of these terms and conditions shall be effective unless made in writing and signed by both parties.
  2. Severability: If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties.
  3. Assignment: The client may not assign or transfer these terms and conditions or any of the rights or obligations hereunder without the prior written consent of Prop Marketing and Advertising. Prop Marketing and Advertising may assign or transfer these terms and conditions or any of its rights or obligations hereunder to any of its affiliates or successors in interest.
  4. Force Majeure: Neither party shall be liable for any delay or failure in performance due to events outside of its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
  5. Notices: All notices required or permitted under these terms and conditions shall be in writing and shall be delivered by hand, by certified or registered mail, return receipt requested, by nationally recognized overnight courier service, or by email to the addresses provided by the parties. If you have any questions or concerns, please contact us at support@propmna.com.
  6. Waiver: The failure of either party to enforce any provision of these terms and conditions shall not be construed as a waiver of that provision or any other provision. Any waiver must be in writing and signed by the party granting the waiver.
  7. Survival: The provisions of these terms and conditions that by their nature survive termination or expiration, including but not limited to those related to confidentiality, intellectual property, limitation of liability, and indemnification, shall survive the termination or expiration of the agreement.

By using the services of Prop Marketing and Advertising, you acknowledge that you have read, understood, and agree to be bound by these comprehensive terms and conditions. If you have any questions or concerns about these terms, please don’t hesitate to contact us at support@propmna.com.