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Terms & Conditions
Welcome to Upmarkly (“we”, “our”, “us”). By accessing or using our website, purchasing our services, or entering into any business agreement with us, you (“Client”, “you”, “your”) agree to comply with and be bound by the following Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our services. These Terms govern the use of all services provided by Upmarkly, including but not limited to digital marketing, website development, software solutions, and other IT or creative services.
Service Agreement
When you engage with Upmarkly, a service agreement will be established between both parties outlining the scope of work, pricing, duration, and deliverables. By using our services or signing a project proposal, you acknowledge that you have read, understood, and accepted these Terms.
Payments & Billing
- Payment terms will be clearly stated in the service agreement or invoice.
- All invoices must be paid within the time frame mentioned (typically by the 18th of each month or as agreed).
- Late payments may result in a 5% late fee and possible suspension of services.
- Certain services may require advance payment before project initiation.
- All fees paid are non-refundable once the project has commenced, except as explicitly stated in our refund policy.
Payments
- Payments must be made according to the agreed schedule in proposals or contracts.
- Incomplete or delayed payments may affect delivery timelines.
- Fees paid for completed work are non-refundable unless otherwise agreed in writing.
- Payments are generally non-refundable once services have commenced, as resources and time are allocated immediately. However, refund requests may be reviewed on a case-by-case basis in accordance with our Refund Policy.
Contract Duration & Termination
- All service agreements are valid for a 1-year term from the effective start date.
- The Client may choose to terminate the agreement after the initial 6 months by providing 30 days’ written notice.
- Early termination before the completion of the first 6 months is not permitted. If the Client chooses to terminate during this initial period, they will be required to pay 50% of the remaining balance for the months left within the first 6-month term.
- After the 6-month minimum period, the agreement can be terminated at any time with 30 days’ written notice, or it will automatically continue until the end of the 1-year term.
Client Responsibilities
To ensure smooth service delivery, the Client agrees to:
- Provide accurate and complete business details, brand information, and objectives.
- Grant access to necessary accounts (e.g., social media, website, ad platforms) within 3-5 business days of request.
- Approve deliverables (e.g., content plans, designs, campaigns) within 5 business days to avoid delays.
- Supply original images, product information, or marketing assets when required.
Delays in providing required materials or approvals may result in extended timelines or suspension of work.
Deliverables & Ownership
- All designs, content, campaigns, and digital assets remain the property of Upmarkly until full payment is received.
- Upon complete payment, ownership of final deliverables transfers to the Client. However, proprietary tools, strategies, or internal methodologies remain the intellectual property of Upmarkly.
Confidentiality
Both parties agree to treat all confidential information shared during the course of the project with strict confidentiality. Neither party will disclose such information to third parties without prior written consent, except when required by law.
Limitation of Liability
- Upmarkly is not liable for delays, platform policy changes, algorithm updates, or any external factors beyond our control.
- Our total liability under any circumstances shall not exceed the total fees paid for the specific service in question.
- We make no guarantees of specific results, performance, or revenue outcomes.
Refund Policy
- Clients may request a refund within 7 days of payment, provided that no work has commenced.
Once services have started, refunds are generally not applicable due to the allocation of time and resources.
In exceptional cases where services are not delivered as agreed, refund requests may be reviewed on a case-by-case basis.
All refund requests must be submitted in writing to our official contact email.
Governing Law & Dispute Resolution
This agreement and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the United States, regardless of the Client’s location.
Any disputes shall first be attempted to be resolved through good-faith negotiation or mediation before initiating any legal proceedings.
Modifications to Terms
Upmarkly reserves the right to update or modify these Terms at any time without prior notice. The latest version will always be posted on this page. Continued use of our services after such changes constitutes acceptance of the new Terms.
Contact Information
If you have any questions regarding these Terms & Conditions, please contact us:
📧 Email: consult@upmarklytech.com
🌐 Website: www.upmarklytech.com