Use of the website
You may use this website for lawful purposes and to learn about and contact us regarding our services. You agree not to:
- Use the site in any way that breaks applicable law or infringes the rights of others.
- Attempt to gain unauthorised access to the site, its servers, or any connected system, or interfere with its operation.
- Copy, scrape, or harvest content or data from the site by automated means without our written permission.
- Submit false, misleading or malicious information through our forms, or use them to send spam.
- Introduce viruses, malicious code, or any material that is harmful to the site or its users.
We may suspend or block access to the website for anyone we reasonably believe has breached these Terms.
Intellectual property
Unless stated otherwise, the website and everything on it, including text, graphics, logos, the Painite Marketing name and mark, page layouts, code, and downloadable material, is owned by or licensed to Painite Marketing LLC and protected by copyright, trademark and other intellectual property laws.
You may view, download and print pages for your own personal or internal business reference. You may not reproduce, republish, distribute, modify, or commercially exploit any part of the website without our prior written consent. Client names, logos and work shown in our portfolio belong to the respective clients and are displayed with their permission.
Portfolio, testimonials and results
Case studies, statistics, testimonials and results on this website describe specific past engagements. They illustrate what we have achieved for particular clients under particular conditions and are not a promise that you will see the same outcome. Marketing results depend on many factors outside our control, including your market, competition, budget, product, and changes made by search engines and advertising platforms.
Services and client engagements
Information on this website describes our services in general terms and is an invitation to discuss a project, not a binding offer. Any work we do for you will be governed by a separate written proposal, statement of work, or services agreement (an "Engagement Agreement"), which will set out the scope, timeline, fees, and specific terms. If there is a conflict between these Terms and an Engagement Agreement, the Engagement Agreement takes priority for that project.
Unless an Engagement Agreement says otherwise, the following general terms apply to our services:
- Proposals and quotes are valid for 30 days from the date issued unless stated otherwise.
- Fees are invoiced as set out in the Engagement Agreement. Invoices are due within 14 days unless otherwise agreed. We may pause work on overdue accounts and charge interest on late payments at the maximum rate permitted by law.
- Clients are responsible for providing timely content, feedback, approvals and access needed to complete the work, and for making sure any material they supply does not infringe anyone else's rights.
- On full payment, the client owns the final deliverables created specifically for them. We keep ownership of our pre-existing tools, frameworks, know-how, and any generic components, and grant the client a licence to use them as part of the deliverables.
- We may display completed work in our portfolio and marketing unless the client asks us in writing not to.
- Third-party services used in a project, such as hosting, domains, plugins, advertising platforms, and software subscriptions, are subject to their own terms and fees, which the client is responsible for unless we agree otherwise.
Contact form and communications
When you contact us through the website, by email or by phone, you consent to us contacting you in return by those means about your inquiry. We are not obligated to accept any project and may decline an inquiry at our discretion. Anything you submit through the website should not include confidential information beyond what is needed to describe your project, as the website contact form is not a secure channel for sensitive data.
Third-party links and platforms
The website links to third-party websites and platforms, including client sites and social networks. We do not control and are not responsible for their content, availability, or practices. Links are provided for convenience and do not imply endorsement. Your use of any third-party site is at your own risk and subject to its terms.
Disclaimer
The website and its content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free or free of viruses, or that the information on it is complete, accurate or current. Nothing on the website is legal, financial, or professional advice.
Limitation of liability
To the fullest extent permitted by law, Painite Marketing LLC and its members, employees, and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the website, even if we have been advised of the possibility of such damages. Our total liability for any claim relating to the website will not exceed one hundred US dollars ($100). Liability arising from services we provide to clients is governed by the applicable Engagement Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Painite Marketing LLC and its members, employees, and contractors from any claims, losses, liabilities and expenses, including reasonable legal fees, arising from your breach of these Terms, your misuse of the website, or your violation of any law or the rights of a third party.
Governing law and disputes
These Terms are governed by the laws of the State of [State], United States, without regard to its conflict-of-law rules. Any dispute arising from these Terms or your use of the website will be brought exclusively in the state or federal courts located in [County], [State], and you consent to the jurisdiction of those courts. Before filing any claim, you agree to contact us and make a good-faith attempt to resolve the matter informally for at least 30 days.
Changes to these Terms
We may revise these Terms at any time by updating this page and changing the date at the top. Changes take effect when posted. Your continued use of the website after that means you accept the revised Terms, so please check this page from time to time.
General
If any part of these Terms is found to be unenforceable, the rest will remain in effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy and any Engagement Agreement, are the entire agreement between you and us regarding the website. You may not assign your rights under these Terms without our consent.
Contact us
Questions about these Terms can be sent to hello@painitemarketing.com or by mail to Painite Marketing LLC, 1234 Placeholder Ave, Suite 500, City, ST 00000, United States.