DISCLAIMER
(TERMS AND CONDITIONS)

1. No Responsibility for Third-Party Actions
Berdote Marketing disclaims all responsibility and liability for any actions, decisions, damages, or consequences arising from services or products provided by third parties. This includes, but is not limited to, service providers, vendors, contractors, or entities not directly employed or contracted by Berdote Marketing. All interactions with third parties are solely the client’s responsibility.
2. Defined Scope of Services
Berdote Marketing is responsible only for services and deliverables explicitly outlined in the signed proposal and corresponding invoice. Any services, revisions, or requests outside the agreed scope require a separate written agreement and may incur additional costs.
3. No Liability for Unspecified Work
Berdote Marketing shall not be liable for any claims, damages, or expenses related to work or services not specifically detailed in the signed agreement, proposal, or invoice. This includes indirect, incidental, or consequential damages of any kind.
4. Accuracy and Completeness
Berdote Marketing makes no warranties, express or implied, regarding the accuracy, completeness, or suitability for a particular purpose of the information or services provided. The client is solely responsible for verifying all details, data, and content for accuracy before publication or launch.
5. Website Ownership During Contract Period
While under contract for design, development, hosting, or maintenance, all websites shall remain under Berdote Marketing’s account and ownership to ensure the integrity, security, and operational stability of the site. Ownership transfer will only occur after full payment of all outstanding balances and compliance with transfer requirements.
6. Exclusivity of Service
Berdote Marketing will not collaborate with, share access with, or coordinate website development or maintenance with any other agency, freelancer, or individual not directly contracted by Berdote Marketing. If a client engages another party to work on the same website, Berdote Marketing’s responsibility for the website’s accuracy, security, and functionality immediately ends, and services may be terminated without refund.
7. Emails and Domain Transfers

• Email Accounts: Berdote Marketing is not responsible for email accounts or data associated with third-party email services. Clients must transfer or back up email accounts and data prior to any domain transfer. Failure to do so may result in permanent data loss.

• Website Transfers: Clients must provide a valid credit card to complete a website transfer. Without a valid credit card on file, the transfer cannot be completed.

• Renewals Under Berdote Marketing’s Credit Card: If Berdote Marketing is maintaining the website under its credit card, renewal fees must be paid one month in advance. Renewal invoices will be issued two months before the renewal date to ensure uninterrupted service. Non-payment may result in suspension or loss of service.

8. Changes and Additional Work
Any additional work, modifications, or changes requested by the client outside the scope of the original agreement will be subject to new terms and additional charges. All changes must be documented and agreed to in writing.
9. Client Assets and Intellectual Property
All assets provided by the client must be fully owned or licensed by the client. The client is solely responsible for ensuring that no provided assets infringe on copyright, trademark, or other intellectual property rights. Berdote Marketing will not be held liable for infringement claims related to client-provided materials.
10. Payment Terms & Late Fees
Payment for services is due as outlined in the invoice.

• Final Payment Before Launch: New websites will only go live once the final payment for the website has been received in full.

• Late Payments: Late payments may be subject to a late fee of 5% per month on outstanding balances.

• Work Suspension: Work may be paused, withheld, or delayed until all payments are current.

11. Non-Refundable Monthly Work
All monthly website maintenance, updates, or retainer-based work must be paid in advance and is non-refundable. Once payment is received, services will be carried out as agreed for the specified period. No refunds will be issued for cancellations, delays, or unused portions.
12. Termination of Services
Berdote Marketing reserves the right to terminate services immediately if:

• Payments are overdue by more than 15 days.

• The client engages in abusive, disrespectful, or unprofessional behavior toward Berdote Marketing staff.

• The client engages another agency, freelancer, or person to work on the same website.

• The client engages in illegal or unethical activities involving the website or related services.

Upon termination, all work will cease, and Berdote Marketing will retain ownership of all materials until all outstanding balances are paid in full.
13. Suspension of Services for Non-Compliance
Berdote Marketing reserves the right to suspend access to the website, hosting, or related services if the client fails to comply with any of these terms, including but not limited to late payments, failure to provide necessary information, or breach of exclusivity.
14. Client Cooperation
The client agrees to provide all requested materials, feedback, and approvals in a timely manner. Delays in providing such items may result in project delays for which Berdote Marketing is not responsible. Extended delays may require an updated timeline and may incur additional fees.
15. Hosting & Third-Party Platform Costs
Unless otherwise stated in writing, hosting fees, domain registrations, SSL certificates, premium plugins, or other third-party services are billed separately and are not included in the project cost. These services must be maintained by the client or paid to Berdote Marketing on schedule to avoid downtime.
16. No Guarantee of Results
Berdote Marketing does not guarantee any specific results from website design, SEO, marketing, or related services, as performance depends on multiple factors outside Berdote Marketing’s control, including market conditions, competition, and client-provided content.
17. Portfolio & Marketing Use
Unless otherwise agreed in writing, Berdote Marketing retains the right to showcase completed websites, designs, and related work in its portfolio, on its website, and in marketing materials.
18. Post-Launch Changes
Once a website is launched, any changes, edits, or troubleshooting requests outside of what is explicitly included in the agreement will be billed at the standard hourly rate or under a separate agreement.
19. Indemnification
The client agrees to indemnify and hold harmless Berdote Marketing, its owners, and employees from any and all claims, damages, losses, or expenses (including legal fees) arising from the client’s website content, business activities, or violations of this agreement.
20. Limitation of Liability
In no event shall Berdote Marketing’s liability exceed the total amount paid by the client for the specific services in question. Berdote Marketing shall not be liable for lost profits, data loss, downtime, or any other indirect damages.
21. Dispute Resolution
Any disputes arising under these terms shall first be addressed through good-faith negotiation between the parties. If resolution cannot be reached, disputes shall be resolved through binding arbitration in Collier County, Florida, under the rules of the American Arbitration Association.
22. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Florida.
23. Entire Agreement
These Terms & Conditions, along with any signed proposals and invoices, constitute the entire agreement between Berdote Marketing and the client and supersede all prior discussions, agreements, or understandings.

By engaging Berdote Marketing’s services, the client acknowledges and agrees to these Terms & Conditions in full.