Terms of Service

Markitera LLC Effective Date: 7-9-2026 Last Updated: 7-9-2026

These Terms of Service ("Terms") govern your access to and use of the website, services, and content provided by Markitera LLC ("Markitera," "we," "us," or "our"), a Kentucky limited liability company located at 612 Triplett Street, Owensboro, KY. By accessing our website or engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Overview of Services

Markitera provides digital marketing and related services, which may include, without limitation:

• Foundation — branding, graphic design, and website development
• Content — photography, videography, and graphic content creation
• Growth — social media management, search engine optimization (SEO), and paid advertising
• Upkeep — website maintenance, IT support, and client outreach

The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate proposal, statement of work, invoice, or signed agreement ("Service Agreement"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement controls for that engagement.

2. Eligibility

By using our website or services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business you represent.

3. Client Responsibilities

To perform our services effectively, we may request access to accounts, platforms, brand assets, login credentials, content, or other materials ("Client Materials"). You agree to:

• Provide accurate, current, and complete information;
• Provide timely access, approvals, and feedback needed to keep projects on schedule;
• Ensure you have the necessary rights, licenses, and permissions to any materials you provide to us (including images, logos, copy, testimonials, and trademarks); and
• Maintain the confidentiality of any credentials shared with you in connection with our services.

Delays caused by late feedback, missing materials, or unresponsiveness may affect project timelines and are not the responsibility of Markitera.

4. Fees and Payment

• Fees for services are outlined in the applicable proposal, invoice, or Service Agreement.
• Unless otherwise agreed in writing, invoices are due upon receipt or per the payment schedule specified in the Service Agreement.
• Late payments may result in pausing of active work, suspension of hosting or ad accounts, or removal of published content, at our discretion.
• Recurring services (e.g., monthly retainers, hosting, maintenance, ad management) will continue to bill on a recurring basis until canceled in accordance with Section 8.
• All fees are exclusive of third-party costs (e.g., ad spend, software licenses, stock assets, domain/hosting fees) unless explicitly stated otherwise.

5. Advertising Spend and Third-Party Platforms

Where Markitera manages advertising campaigns on platforms such as Google Ads, Meta, or others, any ad spend is separate from our service fees and is billed directly by the platform or passed through to the Client as agreed. Markitera is not responsible for the acts, policies, outages, or account actions of third-party platforms (including but not limited to Google, Meta, Instagram, or hosting providers).

6. Intellectual Property

• Client-owned materials. Any pre-existing trademarks, logos, copy, or content you provide remain your property.
• Deliverables. Upon full payment for a specific deliverable (e.g., a completed website, logo, or ad creative), ownership of that final deliverable transfers to the Client, unless otherwise stated in the Service Agreement. Underlying tools, templates, code libraries, or proprietary processes used by Markitera to create deliverables remain the property of Markitera.
• Portfolio use. Markitera reserves the right to display completed work (including websites, designs, and campaigns) in its portfolio, website, and marketing materials, unless the Client requests otherwise in writing.
• Unpaid work. Markitera retains all rights to work product until associated invoices are paid in full.

7. Confidentiality

Both parties agree to keep confidential any non-public business, financial, or strategic information shared during the engagement, and to use such information solely for the purpose of the engagement.

8. Term, Cancellation, and Termination

• Either party may terminate an ongoing engagement with written notice as specified in the applicable Service Agreement (or, absent a stated notice period, 30 days' written notice).
• The Client remains responsible for payment of all fees incurred, and any non-refundable third-party costs, up to the effective date of termination.
• Markitera may suspend or terminate services immediately for non-payment, misuse of services, or breach of these Terms.
• Upon termination, Markitera will reasonably cooperate to transfer accounts, assets, and access credentials owned by the Client, subject to payment of any outstanding balances.

9. Disclaimers

Markitera provides marketing, design, and technical services on a good-faith, professional basis. However:

• We do not guarantee specific results, including but not limited to search rankings, ad performance, lead volume, sales, or revenue, as these depend on factors outside our control (market conditions, platform algorithms, competitor activity, etc.).
• Our website and services are provided "as is" and "as available," without warranties of any kind, express or implied, to the fullest extent permitted by law.

10. Limitation of Liability

To the fullest extent permitted by law, Markitera's total liability arising out of or relating to these Terms or any services shall not exceed the total amount paid by the Client to Markitera for the specific service giving rise to the claim in the three (3) months preceding the claim. Markitera shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunities.

11. Indemnification

You agree to indemnify and hold harmless Markitera, its members, and employees from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) content or materials you provide to us, (b) your breach of these Terms, or (c) your violation of any applicable law or third-party right.

12. Website Use

If you use markitera.com, you agree not to: misuse the site, attempt unauthorized access to our systems, scrape or copy content without permission, or use the site for any unlawful purpose. All website content (excluding client-owned materials displayed in our portfolio) is the property of Markitera and may not be reproduced without permission.

13. Governing Law

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Daviess County, Kentucky.

14. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date above reflects the most recent revision. Continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

15. Contact Us

Markitera LLC 612 Triplett Street Owensboro, KY 42303 Email: david@markitera.com Phone: 270-929-0898