Terms and Conditions

Effective Date: 09/19/2024

These Terms and Conditions (“Terms”) govern your access to and use of the website, https://redbirddigital.co/, and services provided by Red Bird Digital Marketing (“we,” “us,” “our”). By using our website or services, you agree to comply with these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any applicable laws and regulations.

2. Services

Red Bird Digital Marketing offers digital marketing, eCommerce paid ads, branding, content creation, web development, SEO, social media marketing, and Google PPC services. The scope of services will be outlined in a formal agreement or proposal specific to each client engagement.

3. Client Obligations

When using our services, you agree to:

  • Provide accurate and complete information necessary for us to perform services.
  • Comply with any legal and regulatory obligations related to your business or website content.
  • Ensure that all material provided to us for marketing or web development purposes does not infringe on the intellectual property rights of any third party.

4. Intellectual Property

  • All content, including designs, texts, logos, graphics, and software on our website, is the property of Red Bird Digital Marketing or its licensors. You may not use, reproduce, or distribute any of this content without written permission.

5. Payments and Fees

  • Fees for services provided by Red Bird Digital Marketing will be outlined in a proposal or contract.
  • Payment terms will be defined in the specific agreement with the client.
  • Invoices must be paid in accordance with the agreed terms. Failure to pay on time may result in the suspension or termination of services.

6. Cancellation & Ownership Policy

6.1 Deposit & Payment Structure

  • A 30% nonrefundable deposit is required to begin work on any project.
  • The remaining balance is due upon project completion, before final delivery of assets.
  • For monthly retainers (e.g., SEO, social media), payment is due in full at the start of each billing cycle.

6.2 Cancellation by Client

  • If a client cancels a project after work has begun:
    • The 30% deposit is forfeited.
    • Red Bird Digital Marketing retains ownership of all work created up to the cancellation date.
    • Clients may request partial deliverables (e.g., unfinished website designs, and content drafts) only after paying 100% of the remaining project balance.

6.3 Termination by Red Bird Digital Marketing

We reserve the right to terminate a project if:

  • The client fails to provide the required materials/information for over 30 days.
  • The client breaches the contract (e.g., nonpayment, harassment, scope abuse).
  • In such cases, the 30% deposit is nonrefundable, and ownership of all work remains with Red Bird Digital Marketing until full payment is received.

6.4 Ownership Rights

  • Red Bird Digital Marketing retains full ownership and intellectual property rights to all work (designs, code, content, strategies) until the client pays the project in full.
  • Upon full payment, ownership transfers to the client, excluding proprietary tools/templates used by Red Bird Digital Marketing.
  • If a project is canceled or paused, clients may not use, reproduce, or modify any work until full payment is made.

6.5 Refunds

  • Deposits and payments for work already delivered (e.g., completed blog posts, and social media campaigns) are nonrefundable.
  • Refunds for unused retainer hours may be issued at Red Bird Digital Marketing’s discretion, minus costs incurred.

6.6 Final Deliverables

  • Final files (e.g., website access, design assets, SEO reports) will only be released after the full project balance is paid.

Example Scenario for Clarity

Situation: A client pays a 30% deposit ($900) for a $3,000 website project but cancels halfway.
Outcome:

  • The client forfeits the $900 deposit.
  • Red Bird Digital Marketing owns all unfinished website designs/code.
  • To access the work, the client must pay the remaining $2,100.

7. Limitation of Liability

  • Red Bird Digital Marketing will not be liable for any indirect, incidental, or consequential damages arising from the use of our website or services.
  • We strive to provide accurate and reliable information, but we do not guarantee that our website or services will be error-free or uninterrupted.

8. Confidentiality

  • Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the project.
  • Neither party shall disclose any confidential information to third parties without prior written consent, except as required by law.

9. Third-Party Links

  • Our website may contain links to third-party websites for reference or convenience.
  • We are not responsible for any third-party websites’ content, practices, or availability.
  • You access these links at your own risk.

10. Governing Law

  • These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of law principles.
  • Any disputes arising from these Terms will be subject to the jurisdiction of the courts located in Ontario.

11. Changes to Terms

  • We reserve the right to modify or update these Terms at any time.
  • Any changes will be posted on this page with an updated effective date.
  • Your continued use of our website or services constitutes acceptance of any changes.

12. Contact Us

If you have any questions or concerns about these Terms, don’t hesitate to get in touch with us at:

Red Bird Digital Marketing
Email: info@redbirddigital.co
Phone: (226) 826-0947