Terms of Service
Please read these Terms of Service carefully before using our website and services. By accessing or using MarketLift's digital marketing services, you agree to be bound by these terms.
Last updated: January 2024
Effective date: January 1, 2024
1. Agreement to Terms
By accessing and using this website (marketlift.world) and our digital marketing services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MarketLift ("Company," "we," "us," or "our"), a digital marketing agency based in Davao City, Philippines.
If you do not agree to abide by the above, please do not use this service. These terms apply to all visitors, users, and others who access or use the service.
Quick Reference
- Agreement applies to all website users
- Covers digital marketing services
- Legally binding contract
- Regular updates may apply
2. Services and Scope
Digital Marketing Services
MarketLift provides comprehensive digital marketing services designed to enhance your online presence and drive business growth. Our services include, but are not limited to:
Core Services
- • Search Engine Optimization (SEO)
- • Pay-Per-Click Advertising (PPC)
- • Social Media Marketing
- • Content Marketing & Strategy
- • Email Marketing Campaigns
- • Website Design & Development
Additional Services
- • Brand Strategy & Positioning
- • Analytics & Reporting
- • Conversion Rate Optimization
- • Local SEO & Directory Management
- • Influencer Marketing
- • Marketing Automation Setup
Service Limitations: All services are provided in accordance with industry best practices and applicable laws. We reserve the right to refuse service to any client whose business or marketing goals conflict with our values or ethical guidelines.
3. Client Responsibilities
Information and Cooperation
Clients are required to provide accurate, complete, and timely information necessary for the provision of our services. This includes:
- Business objectives and target audience details
- Access to necessary accounts, platforms, and analytics
- Content, branding materials, and approved messaging
- Timely feedback and approval on deliverables
- Regular communication regarding campaign performance
Compliance and Legal Obligations
Clients must ensure that all materials provided comply with applicable laws and regulations, including but not limited to:
- Intellectual property rights and copyright laws
- Advertising standards and regulatory requirements
- Data protection and privacy regulations (GDPR, local laws)
- Platform-specific terms of service and policies
- Truthful and non-misleading advertising practices
Payment and Contract Obligations
Clients are responsible for timely payment of all invoices and fees as outlined in their service agreement. Failure to meet payment obligations may result in suspension of services until payment is received.
4. Intellectual Property Rights
MarketLift's Intellectual Property
All content, methodologies, strategies, tools, and intellectual property developed or created by MarketLift in the course of providing services remains the exclusive property of MarketLift. This includes:
- Custom strategies and campaign structures
- Proprietary tools and software
- Training materials and resources
- Brand guidelines and creative assets
Client Content Rights
Clients retain full ownership of their business name, logo, content, and marketing materials. By providing content to MarketLift, clients grant us the necessary rights and permissions to use such materials solely for the purpose of delivering contracted services.
Confidential Information
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the course of the business relationship. This includes:
- Business strategies and plans
- Customer data and analytics
- Financial information
- Proprietary processes and methods
License Grant
Clients grant MarketLift a non-exclusive, royalty-free license to use their brand assets and content for the duration of the service agreement and for legitimate business purposes including portfolio presentation and case studies.
5. Privacy and Data Protection
Data Handling Practices
MarketLift is committed to protecting your privacy and handling your personal information in accordance with applicable data protection laws, including the Philippines Data Privacy Act and international standards such as GDPR.
Information We Collect
- • Contact information (name, email, phone)
- • Business information and requirements
- • Website analytics and performance data
- • Campaign performance metrics
- • Communication preferences
- • Technical information (IP address, browser)
How We Use Your Data
- • Providing contracted marketing services
- • Communication and project management
- • Analytics and performance reporting
- • Improving our services
- • Legal compliance and fraud prevention
- • Marketing communications (with consent)
Data Security and Retention
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. Data is retained only as long as necessary for the purposes outlined in our Privacy Policy or as required by law.
Your Rights: You have the right to access, rectify, erase, restrict processing, and port your personal data. You may also object to processing and withdraw consent at any time.
6. Payment Terms and Refund Policy
Payment Terms
- Payment Schedule: Unless otherwise agreed in writing, payment is due within 30 days of invoice date.
- Currency: All prices are quoted in Philippine Peso (PHP). International clients may request USD pricing.
- Payment Methods: Bank transfer, credit card, or other agreed-upon methods.
- Late Payment: 2% monthly service charge on overdue amounts.
Service Packages
We offer both monthly retainers and project-based pricing:
- • Monthly marketing retainers
- • One-time campaign projects
- • Website development packages
- • Custom service bundles
Refund Policy
Monthly Retainers
Full refund available within first 14 days if services do not meet initial expectations. After 14 days, refunds prorated based on unused service period.
Project Work
Deposit refundable if project cancelled before work begins. No refunds after project milestones are completed and approved.
Cancellation Policy
Monthly services require 30-day written notice for cancellation. All work in progress at time of cancellation will be completed and invoiced.
7. Limitation of Liability and Disclaimers
Service Performance Disclaimer
While MarketLift strives to deliver exceptional results, we cannot guarantee specific outcomes, rankings, or performance metrics. Digital marketing results depend on numerous factors beyond our control, including:
- Market competition and industry changes
- Search engine algorithm updates
- Client's business decisions and budget
- Economic conditions and consumer behavior
- Technical issues beyond our control
Our services are provided "as is" without warranties of any kind, either express or implied.
Limitation of Liability
To the maximum extent permitted by law, MarketLift's total liability arising out of or relating to these terms or our services shall not exceed the total amount paid by the client for the services giving rise to the claim in the twelve (12) months preceding the claim.
In no event shall MarketLift be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Reputation damage
Force Majeure
MarketLift shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network outages, or pandemic-related restrictions.
8. Termination and Modifications
Termination by Client
Clients may terminate services at any time with 30 days written notice. Upon termination:
- All outstanding invoices become immediately due
- Client retains access to completed work and reports
- Confidentiality obligations survive termination
- Any remaining deposits may be refunded per refund policy
Termination by MarketLift
We reserve the right to terminate services with 30 days notice if:
- Client violates these terms or applicable laws
- Client engages in fraudulent or illegal activities
- Payment is significantly overdue
- Services are no longer feasible or profitable
- Ethical or legal concerns arise
Modifications to Terms
MarketLift reserves the right to modify these Terms of Service at any time. When we make changes:
- Updated terms will be posted on our website with new "Last updated" date
- Clients will be notified via email or service announcements
- Continued use of services constitutes acceptance of modified terms
- Material changes may require explicit client acknowledgment
Review Schedule: These terms are reviewed and updated quarterly or as needed to reflect changes in law, business practices, or service offerings.
9. Dispute Resolution and Governing Law
Dispute Resolution Process
Direct Discussion
Open communication between parties
Mediation
Neutral third-party facilitation
Arbitration
Binding decision by arbitrator
Before pursuing legal action, both parties agree to attempt resolution through good faith negotiation. If direct discussion fails, disputes will be submitted to mediation through a mutually agreed neutral mediator in Davao City, Philippines.
Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the Republic of the Philippines, specifically the laws of Davao City and Davao del Sur.
Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Davao City, Philippines. Both parties submit to this jurisdiction for the resolution of any legal matters.
Severability Clause
If any provision of these Terms is found to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
10. Contact Information
Have questions about these Terms of Service? We're here to help.
Our Location
Abreeza Mall
Davao City, Davao del Sur
Philippines
Questions About Terms?
Our legal and customer service teams are ready to clarify any aspect of these Terms of Service.
Contact Our Team11. Additional Information
Related Policies
Documentation
- Service Agreements
- Project Proposals
- Campaign Reports
- Performance Analytics
Updates
- Quarterly term reviews
- Policy announcements
- Service improvements
- Industry compliance
Acknowledgment and Acceptance
By using MarketLift's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have the authority to enter into this agreement on behalf of your organization.
Important: These terms constitute the entire agreement between you and MarketLift regarding your use of our website and services. Any modifications must be made in writing and agreed upon by both parties.
© 2024 MarketLift Digital Marketing Agency. All rights reserved.
Last updated: January 1, 2024 | Effective date: January 1, 2024