Legal
Terms of Service
These terms cover two things: how you may use this website, and the general basis on which we work with clients. They set out basic rules in plain language. They don’t try to replace the agreement you sign for your own project.
About these terms
8ward Marketing is a web design, brand and digital marketing studio in Las Vegas, Nevada. These terms apply whether you’re just reading the site or working with us as a client.
Your own agreement comes first. Every engagement has its own proposal, quote, statement of work, invoice, subscription or written agreement. That document says what we are doing for you, what it costs and what we need from you. Where it conflicts with anything on this page, it controls for that engagement. These general terms fill the gaps.
Our services
We do web design and development, brand and creative work, digital marketing, website care and hosting, and consulting related to all of it. The Services page describes the web, brand and digital marketing work. Ongoing care and hosting is covered by our Website Care & Hosting Terms.
A service page describes the kind of work we do; what we’re doing for you is whatever your own agreement says.
We may decline work, and we may bring in a supplier or subcontractor to help deliver it. We stay responsible to you for work we subcontract.
Proposals and scope
Before work starts we put the engagement in writing: what we are doing, what you get, what it costs and what we need from you. That document might be called a proposal, an estimate, a quote or a statement of work. A few things are true of all of them.
- A proposal is valid for the period stated in it.
- An estimate is an estimate. Where a figure is described as an estimate rather than a fixed price, the final amount can differ.
- A proposal covers the scope it describes. Anything outside that scope is a change.
- Dates assume we get content, access and approvals when we ask for them.
Nothing on this website is an offer or a quote, and sending us a message through the contact form doesn’t make you a client. The working relationship starts when we both agree to a proposal in writing.
Client responsibilities
Our timelines depend on things only you can give us:
- Accurate information about your business, your offers and any claim you want us to publish.
- Content, images, logins and access, in the formats we ask for.
- Feedback and approvals within a reasonable time, from someone who can sign things off.
- The right to use what you hand over. By sending us copy, images, logos, video or data, you confirm you own it or are licensed to use it for the purpose.
- Your own third-party accounts, such as your domain registrar, host, analytics and ad platforms, kept in good standing where you hold them.
If a project stalls on your side we may pause it and pick it up when you’re ready. You are responsible for claims arising from the content and materials you give us, including a claim that they infringe someone’s rights. Keep your own copies of everything you send us.
Fees and payment
Pricing, the payment schedule and how you pay come from your proposal, invoice, subscription or agreement. Our fees cover our work. Third-party costs such as domain registration, hosting, stock images, fonts, plugins and advertising spend are separate unless your agreement says we carry them, and taxes are added where they apply.
If an invoice is materially overdue, we may pause work or pause an ongoing service until the account is current. We’ll tell you before we do.
You can’t pay through this website. There is no checkout and no card form on any page. Where invoicing or payment runs through a third-party provider, that provider handles it under its own terms.
Changes and additional work
Projects change, and that’s normal. Work outside the agreed scope may need additional billing, a change order, or a separate estimate or proposal. We’ll tell you what something involves before we start it, so nothing turns up on an invoice as a surprise.
Intellectual property
What you give us stays yours. Your logos, copy, images and data remain your property throughout.
Once you have paid in full, rights in the final deliverables we made specifically for you transfer to you as your agreement provides.
We keep what we bring to every project: our own reusable and pre-existing tools, components, code, frameworks, templates, methods, processes and know-how. Where those form part of what we deliver, you can keep using them as part of it. Concepts and routes we didn’t take stay ours.
Fonts, stock photography, icons, plugins and other third-party materials stay under their own licenses, and those licenses set what you may do with them. After handover, keeping a license or subscription current is yours unless your agreement says we handle it.
Showing our work
Unless we agree otherwise in writing, we may show completed work publicly and say who it was for: screenshots, a description of what we did and a link to the live site, on our Work pages, in proposals and in our own marketing.
If you would rather we didn’t, tell us in writing, before the project, during it or after it, and we will honor it. Give us reasonable time to take material down. Copies already sitting in search caches, web archives or other people’s posts are not ours to remove. We won’t publish anything you have told us is confidential, and we won’t publish figures from your business unless you have approved the wording.
Third-party services
We often work with hosting providers, domain registrars, analytics tools, plugins, APIs and marketing platforms. Other companies run those services, under their own terms and their own pricing. We don’t control them, and we can’t guarantee their availability, their pricing or how they work. A platform change or an outage can break something that worked.
Where you hold the account, that company’s terms are between you and them.
Website care and hosting
Ongoing care, updates and hosting run under our Website Care & Hosting Terms. Where those terms address a point, they control for that service. Without a care arrangement, a site we build is yours to look after from launch.
Results and performance
We don’t guarantee results. Not search rankings, not traffic, not leads, not sales, not revenue, not conversion rates, not advertising results, and not any other business outcome.
Search engines and advertising platforms are run by other companies, and they change their algorithms, rules, formats and prices whenever they like. Your results also depend on your market, your pricing, your offer, your competitors and your own operations. None of that is ours to control.
What we sell is professional services: careful work, sound technical foundations and straight advice. Work we show you from other projects is an example of what we did, not a prediction of what yours will do. Where we report on performance, we report what the platforms tell us.
We also don’t guarantee that this site, or a site we build for you, will be available, uninterrupted, secure or free of errors. We take reasonable care with security, and we check a site before launch. A website still depends on hosting, networks, domains, certificates, browsers and outside services, and any of those can fail. Beyond what your own agreement promises, we don’t make other guarantees about our work.
Cancellation and termination
Either of us may end an engagement as your agreement provides. If it sets a notice period, that period applies.
Work completed up to that point, and costs already committed, are payable. We hand over what has been paid for and give you a reasonable window to collect files and take over accounts. Ongoing care and hosting is covered by its own terms.
We may stop work if you don’t pay, if you don’t give us what we need to continue, or if you ask us to do something unlawful.
Limitation of liability
To the fullest extent the law allows, our total liability for a claim relating to our services is limited to the amount you have paid us for the services the claim relates to.
Neither of us is liable to the other for indirect, incidental, special or consequential damages, or for lost profits. Some states don’t allow limits like these. Where that’s the case, ours apply only as far as the law allows. Nothing here limits liability that the law says can’t be limited.
Website use
This site is here to explain what we do and to let you get in touch. There is no account to create and nothing to log into. What you read is general information, not advice for your situation.
The text, images, design and code belong to us, or to the people we license them from. You may read the site, print a page and share a link. Please don’t copy or republish our writing, our designs or our code, pass our work off as your own, or interfere with the site or the contact form. We may change, add to or remove content at any time.
What the contact form collects, and where it goes, is set out in our Privacy Policy.
Governing law
These terms, and any dispute arising out of them or out of an engagement, are governed by the laws of the State of Nevada. The state and federal courts in Clark County, Nevada have exclusive jurisdiction, and we both consent to venue there.
Changes to these terms
We may update these terms. When we do, we change the effective date at the top of this page, and the change applies from then. It doesn’t apply backwards to work already completed, and it doesn’t change a proposal or agreement already under way. That takes a written amendment we both agree to.
Contact
If something here is unclear, or you have a question about an engagement, ask us. You can use the contact form, or write to us directly:
- 8ward Marketing
- Las Vegas, Nevada
- info@8wardmarketing.com