DISCLAIMER
1. No Responsibility for Third Party Actions
Berdote Marketing disclaims all responsibility and liability for any actions, decisions, damages, interruptions, expirations, or consequences arising from services or products provided by third parties. This includes platforms such as Wix, WordPress, Squarespace, GoDaddy, hosting companies, domain providers, vendors, contractors, and any entity not directly employed or contracted by Berdote Marketing. All interactions with third parties are solely the responsibility of the client.
1A. Third Party Platform Renewals and Client Responsibility
All websites built on third party platforms such as Wix, WordPress, Squarespace, or similar services must be renewed and paid for on time by the client. These platforms are not owned or controlled by Berdote Marketing. If the client fails to pay renewal fees when due, Berdote Marketing is not responsible for website expiration, shutdown, suspension, data loss, loss of access, or any consequences that result from non payment.
If Berdote Marketing has placed a client website under its own credit card as a courtesy, this does not transfer financial responsibility to Berdote Marketing. Berdote Marketing may remove its credit card at any time if payment is late or missing. The client understands that maintaining active payment information with the third party provider is solely their responsibility.
Berdote Marketing will not be held responsible for third party actions, expirations, shutdowns, or fees resulting from the client’s failure to pay third party services on time.
2. Defined Scope of Services
Berdote Marketing is responsible only for services and deliverables that are clearly outlined in the signed proposal and the corresponding invoice. Any services, revisions, or requests outside the agreed scope require a separate written agreement and may involve additional costs.
3. No Liability for Unspecified Work
Berdote Marketing is not liable for any claims, damages, or expenses that arise from work or services not 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 of information or services for any particular purpose. Clients are solely responsible for verifying all details, data, and content prior to publication or launch.
5. Website Ownership During Contract Period
While a website is under contract for design, development, hosting, or maintenance, the website will remain under Berdote Marketing’s account and ownership to protect stability, security, and integrity. Ownership will transfer only after full payment of all outstanding balances and compliance with transfer requirements.
6. Exclusivity of Service
Berdote Marketing will not collaborate with or share access with any other agency, freelancer, or individual not directly contracted by Berdote Marketing. If a client brings in another party to work on the same website, Berdote Marketing’s responsibility for accuracy, security, and functionality ends immediately. Services may be terminated without refund.
7. Emails and Domain Transfers
Email Accounts
Berdote Marketing is not responsible for email accounts or data connected to third party email services. Clients must transfer or back up all email accounts and data before any domain transfer. Failure to do so may result in permanent data loss.
Website Transfers
Clients must provide a valid credit card to complete any website transfer. Without a valid credit card, the transfer cannot be completed.
Renewals Under Berdote Marketing’s Credit Card
If Berdote Marketing is maintaining a website under its credit card, renewal fees must be paid one month in advance. Renewal invoices are issued two months before the renewal date. Non payment may result in service suspension or loss.
8. Changes and Additional Work
Any requests for additional work, modifications, or revisions outside the original scope will require a new agreement and may incur additional charges. All changes must be documented and approved in writing.
9. Client Assets and Intellectual Property
All materials provided by the client must be owned or properly licensed by the client. The client is fully responsible for ensuring that assets do not violate copyright, trademark, or other intellectual property rights. Berdote Marketing is not liable for infringement claims arising from client provided content.
10. Payment Terms and Late Fees
Payments are due as stated in the invoice.
Final Payment Before Launch
New websites will only be launched once all final payments have been received in full.
Late Payments
Late payments may incur a five percent fee per month on any outstanding balance.
Work Suspension
Work may be paused or delayed until all payments are current.
11. Non Refundable Monthly Work
All monthly maintenance, updates, or retainer based work must be paid in advance and is non refundable. Once payment is received, services will be completed for the designated period. No refunds will be given for cancellations, delays, or unused portions.
12. Termination of Services
Berdote Marketing reserves the right to terminate services immediately if any of the following occur
Payments overdue by more than fifteen days
Abusive, disrespectful, or unprofessional behavior toward Berdote Marketing staff
The client hires another party 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. Berdote Marketing will retain ownership of all materials until all outstanding balances are paid.
13. Suspension of Services for Non Compliance
Berdote Marketing may suspend access to websites, hosting, or related services if the client fails to follow these terms, including late payments, failure to provide required information, or breach of exclusivity.
14. Client Cooperation
The client agrees to provide all requested materials, content, approvals, and feedback in a timely manner. Delays from the client may result in extended project timelines. Significant delays may require a revised schedule and additional fees.
15. Hosting and Third Party Platform Costs
Unless stated otherwise in writing, hosting fees, domain registrations, SSL certificates, premium plugins, and all other third party costs are billed separately. These 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 specific results from website design, SEO, marketing, or other services. Performance depends on many factors outside the agency’s control, including industry conditions, competition, and client provided content.
17. Portfolio and Marketing Use
Unless agreed otherwise, Berdote Marketing retains the right to display completed work such as websites, graphics, or marketing materials in its portfolio and promotional content.
18. Post Launch Changes
After a website goes live, any edits, changes, troubleshooting, or additional requests beyond the agreed scope will be billed at the standard hourly rate or under a new agreement.
19. Indemnification
The client agrees to indemnify and hold harmless Berdote Marketing, including its owners and staff, from any claims, damages, losses, or expenses arising from client content, business activities, or violations of this agreement.
20. Limitation of Liability
Berdote Marketing’s total liability will not exceed the amount paid by the client for the specific services involved. Berdote Marketing is not responsible for lost profits, data loss, downtime, or any other indirect damages.
21. Dispute Resolution
Any dispute must first go through good faith negotiation. If resolution is not achieved, disputes will be handled through binding arbitration in Collier County Florida under the rules of the American Arbitration Association.
22. Governing Law
This agreement is governed by the laws of the State of Florida.
23. Entire Agreement
These Terms and Conditions, along with all signed proposals and invoices, form the entire agreement between Berdote Marketing and the client. They replace all prior discussions, agreements, or understandings.
By engaging Berdote Marketing, the client acknowledges and accepts these Terms and Conditions in full.