Terms of Service

1. Acceptance of Terms

By accessing and using the Etched Digital Agency website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Services Description

Etched Digital Agency provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Search Engine Marketing (SEM)
• Generative Engine Optimization (GEO)
• Pay-Per-Click (PPC) advertising management
• Content marketing and strategy
• Web development and design
• Analytics and reporting
• Marketing automation and consulting

3. Client Responsibilities

3.1 Information Accuracy

Clients must provide accurate, complete, and up-to-date information about their business, target audience, and marketing objectives. Any changes to this information must be communicated promptly.

3.2 Content and Materials

Clients are responsible for providing necessary content, images, and materials in a timely manner. All provided materials must be legally owned by the client or properly licensed for use.

3.3 Access and Cooperation

Clients must provide necessary access to websites, advertising accounts, analytics platforms, and other relevant systems as required for service delivery.

4. Payment Terms

4.1 Billing and Payment

Payment terms are specified in individual service agreements. Generally, payments are due within 30 days of invoice date. Late payments may incur additional fees as specified in the service agreement.

4.2 Refund Policy

Refunds are handled on a case-by-case basis and are generally not provided for services already rendered. Specific refund terms are outlined in individual service agreements.

4.3 Advertising Spend

For PPC and paid advertising services, clients are responsible for advertising spend in addition to management fees. Advertising budgets and spending limits are agreed upon separately.

5. Intellectual Property

5.1 Client Ownership

Upon full payment, clients retain ownership of custom content, creative materials, and deliverables created specifically for their project.

5.2 Etched Proprietary Methods

Etched retains ownership of proprietary methodologies, tools, processes, and general knowledge used in service delivery.

5.3 Third-Party Content

Use of third-party content, tools, or platforms is subject to their respective terms and conditions.

6. Confidentiality

Both parties agree to maintain confidentiality of proprietary information, trade secrets, and confidential business information shared during the course of the business relationship.

7. Performance and Results

7.1 No Guarantees

While we strive for excellence, digital marketing results can vary based on numerous factors including market conditions, competition, and algorithm changes. We cannot guarantee specific rankings, traffic, or conversion outcomes.

7.2 Best Practices

All services are performed according to industry best practices and current search engine guidelines. We reserve the right to adjust strategies based on platform changes and optimization opportunities.

8. Term and Termination

8.1 Service Term

Service terms are specified in individual agreements. Most services operate on a month-to-month basis with 30-day notice required for termination.

8.2 Termination Rights

Either party may terminate services with appropriate notice as specified in the service agreement. Immediate termination may occur for breach of contract or non-payment.

8.3 Post-Termination

Upon termination, clients retain access to work product delivered and paid for. Ongoing access to third-party tools and platforms may be subject to separate agreements.

9. Limitation of Liability

Etched's liability is limited to the amount paid for services in the 12 months preceding any claim. We are not liable for indirect, incidental, special, or consequential damages including lost profits or business opportunities.

10. Indemnification

Clients agree to indemnify and hold harmless Etched Digital Agency from any claims, damages, or expenses arising from the use of client-provided materials, violation of third-party rights, or misuse of our services.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or major platform changes.

12. Website Use Terms

12.1 Acceptable Use

You agree not to use our website for any unlawful purpose or in any way that could damage our reputation or services.

12.2 User Content

Any content you submit through our website (contact forms, comments, etc.) may be used by us for business purposes including service improvement and marketing.

12.3 Website Availability

We strive to maintain website availability but do not guarantee uninterrupted access. Maintenance and updates may temporarily affect availability.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

14. Dispute Resolution

14.1 Governing Law

These terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of law provisions.

14.2 Dispute Process

Any disputes will first be addressed through good faith negotiation. If unresolved, disputes may be subject to binding arbitration in Philadelphia, Pennsylvania.

15. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be posted on our website with an updated effective date. Continued use of our services constitutes acceptance of modified terms.

16. Severability

If any provision of these terms is found to be unenforceable, the remainder of the terms will remain in full force and effect.

17. Contact Information

If you have questions about these terms, please contact us: