Terms of Service

These Terms of Service (“Terms”) govern your access to and use of markiting.agency (the “Site”) and any services provided by Markit (“Markit,” “we,” “us,” or “our”). By using the Site or engaging Markit, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and able to enter a binding contract under Arizona law. If you accept these Terms on behalf of a business, you represent that you have authority to bind that business.

2. Services

Markit provides marketing services including, where contracted, paid media management, video production, website builds, lead generation systems, copywriting, and ancillary services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written agreement, statement of work, or proposal (a “Service Agreement”). If the Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.

3. Fees and payment

• Fees are stated in the applicable Service Agreement. Engagements start at $10,000 per month unless otherwise agreed in writing.
• Invoices are payable in U.S. dollars on the terms stated in the Service Agreement. Standard terms are net seven (7) days.
• Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by Arizona law.
• Third-party costs (ad spend, software, talent, location fees, paid stock or licensing) are billed at cost, in addition to fees.

4. Client responsibilities

• Provide timely access to accounts, brand assets, decisions, and approvals required to deliver the services.
• Ensure all materials you supply do not infringe any third party rights and comply with applicable laws.
• Maintain reasonable security on accounts shared with Markit during the engagement.

5. Intellectual property

Upon full payment of fees for a deliverable, Markit assigns to you the rights you need to use that deliverable for your business as contemplated by the Service Agreement, except that:

• Markit retains ownership of its pre-existing tools, frameworks, processes, and code libraries used in the work.
• Markit may showcase the work in its portfolio and marketing, including reproducing the deliverable, naming you as a client, and publishing case-study results, unless you ask us in writing not to before the work begins.
• Third-party materials (fonts, stock, software) remain governed by their own licenses.

6. Confidentiality

Each party will protect the other's non-public business information disclosed during the engagement, using the same level of care it uses to protect its own confidential information and no less than a reasonable standard.

7. Warranties and disclaimers

Markit will perform the services with reasonable professional skill. Except for that warranty, the Site and the services are provided “as is” without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Marketing outcomes depend on many factors outside Markit's control. We do not guarantee specific revenue, lead, view, or ranking outcomes unless expressly stated in writing.

8. Limitation of liability

To the maximum extent permitted by law, Markit's aggregate liability arising out of or related to these Terms or any engagement, whether in contract, tort, or any other legal theory, will not exceed the fees paid by you to Markit in the three (3) months preceding the event giving rise to the claim. Markit is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.

9. Indemnification

You agree to indemnify and hold harmless Markit from third-party claims arising out of your use of the Site, materials you supply, your breach of these Terms, or your violation of law.

10. Termination

Either party may terminate an engagement on the notice period defined in the Service Agreement (default: thirty (30) days written notice). Fees for work performed and committed third-party costs through the effective date of termination remain payable. Sections that by their nature survive termination (IP, confidentiality, warranties, liability, indemnification, governing law) will survive.

11. Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Any dispute will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties consent to personal jurisdiction there.

12. Dispute resolution

Before filing a claim, the parties will attempt in good faith to resolve the dispute through direct discussion for thirty (30) days. If unresolved, either party may proceed in the courts identified above.

13. Changes to these terms

We may update these Terms from time to time. The updated version will be posted with a new “Last updated” date. Continued use of the Site or services after the update constitutes acceptance of the changes.

14. Contact

Questions about these Terms? Email hello@markiting.agency.