Terms of Service

1. Agreement to Terms

Welcome to Next Point Marketing. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Services Description

Next Point Marketing provides digital marketing services including but not limited to:

• Social media marketing and management
• Search engine optimization (SEO)
• Pay-per-click (PPC) advertising
• Content creation and marketing
• Email marketing campaigns
• Brand strategy and consulting
• Analytics and reporting

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Account Registration and Eligibility

To access certain services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Payment Terms

By purchasing our services, you agree to the following payment terms:

• Pricing: All prices are in USD unless otherwise stated
• Payment Methods: We accept major credit cards, debit cards, and other payment methods as specified
• Billing Cycle: Monthly retainer services are billed in advance on a recurring basis
• Late Payments: Late payments may result in service suspension and additional fees
• Price Changes: We reserve the right to change prices with 30 days notice
• Taxes: You are responsible for all applicable taxes

5. Client Responsibilities

As a client, you agree to:

• Provide timely access to necessary accounts, platforms, and materials
• Respond to requests for information and feedback in a timely manner
• Ensure all provided content complies with applicable laws and regulations
• Obtain necessary rights and permissions for materials you provide
• Review and approve deliverables within agreed timeframes
• Maintain professional and respectful communication

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the exclusive property of Next Point Marketing and are protected by copyright, trademark, and other intellectual property laws.

6.2 Client Content

You retain ownership of all content you provide to us. By providing content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing our services.

6.3 Deliverables

Upon full payment, you will own the final deliverables created specifically for you. We retain the right to use work samples in our portfolio and marketing materials unless otherwise agreed in writing.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our business relationship. This obligation continues even after the termination of services.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without confidentiality obligations.

8. Service Level and Performance

While we strive to deliver exceptional results, you acknowledge that:

• Marketing results depend on numerous factors beyond our control
• We do not guarantee specific outcomes, rankings, or ROI
• Third-party platforms (Google, Facebook, etc.) may change policies affecting campaigns
• Market conditions and competition can impact performance
• We commit to using industry best practices and professional expertise

9. Termination

9.1 Termination by Client

You may terminate services by providing 30 days written notice. You remain responsible for payment of all services rendered through the end of the notice period.

9.2 Termination by Us

We may terminate services immediately if you:

• Breach these Terms
• Fail to make timely payments
• Engage in fraudulent or illegal activities
• Provide false or misleading information
• Engage in abusive or threatening behavior

9.3 Effect of Termination

Upon termination, you must pay all outstanding fees, we will provide final deliverables for paid work, and both parties' confidentiality obligations continue.

10. Limitation of Liability

To the maximum extent permitted by law, Next Point Marketing shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Actions or inactions of third-party platforms
• Damages resulting from your use or inability to use our services

Our total liability shall not exceed the amount paid by you for services in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Next Point Marketing, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

12. Dispute Resolution

In the event of any dispute arising from these Terms or our services:

• Both parties agree to first attempt resolution through good faith negotiations
• If negotiations fail, disputes shall be resolved through binding arbitration
• Arbitration shall be conducted in Englewood, Colorado
• The prevailing party may be entitled to recover reasonable attorney fees

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in Englewood, Colorado.

14. Prohibited Uses

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful, offensive, or inappropriate content
• Engage in fraudulent or deceptive practices
• Spam, harass, or abuse others
• Interfere with or disrupt our services
• Attempt unauthorized access to our systems

15. Third-Party Services

Our services may integrate with or rely on third-party platforms and services (such as Google Ads, Facebook Ads, analytics tools, etc.). We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and conditions.

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or infrastructure.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Next Point Marketing regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.