Terms of Service for Xact Digital Manufacturing LLC
1. Introduction
These Terms of Service ("Terms") govern your use of the digital marketing services provided by Xact Digital Manufacturing LLC. By engaging our services, you agree to be bound by these Terms. Please read them carefully.
2. Provision of Services
Xact Digital Manufacturing LLC agrees to provide digital marketing services as outlined in a mutually agreed-upon Statement of Work (SOW) or service agreement. Services may include Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, Social Media Marketing, Content Marketing, and other related activities.
The scope, deliverables, and timelines for services will be detailed in the SOW. Any changes to the scope of work must be agreed upon in writing by both parties.
3. Payment Terms
Payment for services will be made according to the schedule outlined in the SOW or invoice. Services are typically billed on a monthly retainer basis, payable in advance. Ad spend for PPC campaigns is separate from our management fees and is payable directly to the advertising platform (e.g., Google, Meta) by the client.
Late payments may result in a suspension of services and may be subject to interest charges as permitted by law.
4. Client Obligations
To ensure the effectiveness of our services, you agree to provide timely access to necessary resources, including website backends, analytics accounts, ad accounts, and brand assets. You are responsible for the accuracy and legality of all content, products, and services offered through your business.
5. Confidentiality
Both Xact Digital Manufacturing LLC and the client agree to keep confidential all non-public information obtained during the course of the service agreement. This includes business strategies, financial information, and proprietary data. This obligation extends beyond the termination of the agreement.
6. Intellectual Property
You retain all intellectual property rights to your pre-existing materials provided to us. We retain all intellectual property rights to our proprietary strategies, processes, and tools used in the provision of services. Any creative work or content produced by Xact Digital Manufacturing LLC specifically for you under the SOW will become your property upon full payment for the services.
7. Limitation of Liability
While Xact Digital Manufacturing LLC strives to provide the best possible results, we do not guarantee specific outcomes, such as search engine rankings, lead volume, or revenue increases. The digital marketing landscape is constantly changing, and performance can be affected by factors beyond our control. In no event shall Xact Digital Manufacturing LLC be liable for any indirect, incidental, or consequential damages.
8. Term and Termination
The term of the service agreement will be specified in the SOW. Either party may terminate the agreement with written notice, typically 30 days, as specified in the SOW. Upon termination, you are responsible for all fees incurred up to the date of termination.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Xact Digital Manufacturing LLC is registered, without regard to its conflict of law provisions.
