Terms of Service

Last Updated: January 10, 2025

Welcome to 2D Media. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing and using the 2D Media website (www.2dmedia.com) and services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.

2. Services Description

2D Media provides digital marketing, web development, and lead generation services, including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click (PPC) advertising management
• Social media marketing
• Content marketing and creation
• Website design and development
• E-commerce solutions
• Lead generation campaigns
• Marketing automation
• Analytics and reporting

3. Service Agreements

3.1 Engagement

Services are provided based on individual service agreements or statements of work that outline specific deliverables, timelines, and pricing. These agreements supplement and incorporate these Terms by reference.

3.2 Payment Terms

Payment terms are specified in your service agreement. Generally:

• Monthly retainer services are billed in advance on the first day of each month
• Project-based services may require a deposit before work begins
• Invoices are due within 15 days of issuance unless otherwise specified
• Late payments may incur a 1.5% monthly interest charge
• Services may be suspended for accounts more than 30 days overdue

3.3 Cancellation and Refunds

Cancellation policies vary by service type:

• Monthly retainer services require 30 days written notice for cancellation
• Project-based services are non-refundable once work has commenced
• Deposits are non-refundable
• Unused prepaid services may be refunded on a pro-rata basis at our discretion

4. Client Responsibilities

To ensure successful service delivery, clients agree to:

• Provide timely access to necessary accounts, platforms, and information
• Respond to requests for feedback and approvals within agreed timeframes
• Provide accurate and complete information about their business and goals
• Maintain ownership and validity of all accounts and credentials
• Comply with all applicable laws and regulations
• Ensure all content provided does not infringe on third-party rights

5. Intellectual Property

5.1 Client-Owned Materials

You retain all rights to materials you provide to us, including logos, brand assets, and content. By providing these materials, you grant us a license to use them for the purpose of delivering our services.

5.2 Work Product

Upon full payment, you own the final deliverables created specifically for you, such as website designs, custom graphics, and written content. We retain rights to:

• Our proprietary tools, processes, and methodologies
• Template-based designs and code
• General marketing strategies and concepts
• Use completed work in our portfolio and marketing materials

5.3 Third-Party Materials

Some deliverables may include third-party components (stock photos, fonts, plugins) that are licensed separately. You are responsible for maintaining these licenses.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our business relationship. This obligation survives termination of services.

7. Performance and Results

7.1 No Guarantees

While we strive for excellence, we cannot guarantee specific results from our services, including:

• Search engine rankings
• Website traffic levels
• Lead generation numbers
• Conversion rates
• Revenue increases

7.2 Best Efforts

We commit to using industry best practices and our professional expertise to achieve the best possible outcomes for your business.

7.3 External Factors

Results may be affected by factors outside our control, including algorithm changes, market conditions, competitor actions, and platform policy changes.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from our services shall not exceed the amount paid by you for services in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not responsible for losses resulting from third-party platform changes, outages, or policy violations
• We are not liable for damages resulting from your failure to maintain backups or secure credentials

9. Indemnification

You agree to indemnify and hold harmless 2D Media from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your violation of any laws or regulations
• Infringement of third-party rights by your content or materials
• Your use of our deliverables in ways not authorized by us

10. Third-Party Services

Our services may involve third-party platforms and tools (Google Ads, Facebook Ads, hosting providers, etc.). You are responsible for:

• Complying with third-party terms of service
• Maintaining accounts in good standing
• Any fees charged directly by third parties
• Data and content stored on third-party platforms

11. Termination

11.1 By Client

You may terminate services by providing written notice as specified in your service agreement. You remain responsible for payment of all services rendered through the termination date.

11.2 By 2D Media

We may terminate services immediately if:

• You breach these Terms or your service agreement
• Your account is more than 30 days overdue
• You engage in abusive or threatening behavior toward our team
• Your business activities are illegal or unethical

11.3 Effect of Termination

Upon termination:

• You must pay all outstanding invoices
• We will provide final deliverables for paid work
• Access to our tools and platforms will be revoked
• We may retain copies of work product for our records

12. Warranties and Disclaimers

We warrant that our services will be performed in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms. Material changes will be communicated via email.

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.

14.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in San Francisco, California.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and 2D Media regarding our services.

18. Contact Information

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.