Terms and Conditions - Website and Advertising Services
1. Definitions
- "Ink Marketing" refers to Ink Marketing, its employees, and affiliates.
- "Client" refers to the individual or business purchasing services from Ink Marketing.
- "Services" refers to the website design and development, digital marketing, advertising, and related services provided by Ink Marketing.
- "Website" refers to the website designed and/or developed by Ink Marketing for the Client.
- "Content" refers to all text, images, videos, logos, and other materials provided by the Client for use in the Services.
- "Advertising Materials" refers to all ad copy, ad creatives, campaign strategies, targeting parameters, and other materials developed by Ink Marketing for the Client's advertising campaigns.
- "Campaign Data" refers to all data and analytics generated from the Client's advertising campaigns managed by Ink Marketing.
- "Intellectual Property" refers to all copyrights, trademarks, design rights, patents, and other intellectual property rights.
2. Intellectual Property Ownership
- 2.1. Ink Marketing retains ownership of all Intellectual Property rights in:
- (a) The design and development of the Website, including but not limited to the website structure, code, design elements, and any software or tools developed by Ink Marketing.
- (b) All Advertising Materials developed by Ink Marketing for the Client.
- (c) All campaign strategies and methodologies used by Ink Marketing.
- 2.2. Upon full payment for the Website development, the Client is granted a non-exclusive, non-transferable license to use the Website for the Client's business purposes, subject to these Terms and Conditions and the continuation of any ongoing service agreements.
- 2.3. Upon full payment for advertising services, the Client is granted a non-exclusive, non-transferable license to use the Advertising Materials during the term of the advertising service agreement.
- 2.4. The Client retains ownership of the Content they provide for use in the Services. The Client grants Ink Marketing a license to use, modify, and display the Content for the purpose of providing the Services.
4. Advertising Campaigns and Data
- 4.1. Ink Marketing shall manage the Client's advertising campaigns with professional skill and care.
- 4.2. All Campaign Data generated during the term of the advertising service agreement is the property of Ink Marketing.
- 4.3. Upon termination of the advertising service agreement, Ink Marketing reserves the right to remove or delete all Campaign Data and cease use of the Advertising Materials.
5. Website Cancellation and Termination
- 5.1. In the event of cancellation of website hosting or ongoing management services, Ink Marketing reserves the right to take the Website down.
- 5.2. Upon termination of the website service agreement, the Client's license to use the Website is revoked, and the Website is non-transferable. The Client shall not have the right to transfer the Website to another provider.
- 5.3. In the event of cancellation of advertising services, Ink Marketing shall cease providing the services and reserves the right to cease use of the Advertising Materials and delete the Campaign Data.
- 5.4. Any outstanding payments for services rendered shall remain due and payable upon termination.
6. Website Files
- 6.1. The Client may request a copy of the Website files. The provision of Website files is at the sole discretion of Ink Marketing.
- 6.2. If Ink Marketing agrees to provide the Website files, it may be subject to an additional fee, to be determined by Ink Marketing.
- 6.3. Ink Marketing shall not be liable for any issues arising from the Client's use or modification of the Website files after they have been provided.
7. Limitation of Liability
- 7.1. Ink Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Services.
8. Governing Law
- 8.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.