Terms of Service

By accessing our website, engaging our services, or entering into a service agreement with Encanta Agency ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service and all applicable laws and regulations.

These terms constitute a legally binding agreement between you and Encanta Agency. If you do not agree to these terms, please do not use our services.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the new terms.

Service Offerings

Encanta Agency provides digital marketing services including but not limited to:

• AI-powered digital marketing strategy and execution
• Performance marketing and advertising management
• Content creation and marketing automation
• Creative and brand development services
• Web3 and blockchain marketing
• Industry-specific marketing solutions

Service Delivery

• Services are provided according to agreed-upon scopes of work
• Timelines and deliverables are outlined in individual service agreements
• We reserve the right to use third-party vendors and subcontractors
• Service modifications require written agreement from both parties

Performance Standards

While we strive to achieve optimal results, marketing performance depends on various factors beyond our control. We do not guarantee specific results, rankings, or performance metrics unless explicitly stated in writing.

Information and Access

• Provide accurate, complete, and timely information necessary for service delivery
• Grant necessary access to accounts, platforms, and systems as required
• Respond to requests for feedback and approvals within agreed timeframes
• Maintain current contact information and communication channels

Content and Materials

• Ensure all provided content is accurate, legal, and non-infringing
• Obtain necessary rights and permissions for all materials provided
• Review and approve all deliverables before publication or implementation
• Comply with all applicable laws, regulations, and platform policies

Cooperation Requirements

• Participate in regular meetings and progress reviews
• Provide constructive feedback on work product and strategy
• Notify us promptly of any issues or concerns
• Maintain professional communication standards

Fees and Billing

• Fees are as specified in individual service agreements or proposals
• Payment terms are typically net 30 days from invoice date
• Late payments may incur interest charges of 1.5% per month
• All fees are non-refundable unless otherwise specified

Expenses and Additional Costs

• Client is responsible for all advertising spend and third-party costs
• Additional work outside agreed scope requires written approval
• Travel and other expenses require pre-approval
• Currency conversions may apply for international clients

Suspension of Services

We reserve the right to suspend services for accounts with overdue payments. Services will resume upon receipt of payment in full, plus any applicable late fees.

Client-Owned Materials

• Client retains ownership of all pre-existing intellectual property
• Client grants us license to use materials for agreed services
• Client warrants they have rights to all provided materials
• Client indemnifies us against claims related to provided materials

Work Product

• Custom creative work becomes client property upon full payment
• We retain rights to methodologies, processes, and know-how
• Templates and tools remain our intellectual property
• We may use anonymized case studies for marketing purposes

Third-Party Rights

Some services may incorporate third-party tools, platforms, or content. Use of such materials is subject to their respective terms and licensing agreements.

Confidential Information

Both parties acknowledge they may receive confidential information, including:

• Business strategies, plans, and financial information
• Customer lists, pricing, and proprietary processes
• Marketing data, analytics, and performance metrics
• Any information marked as confidential or reasonably considered confidential

Protection Obligations

• Maintain confidentiality using reasonable care
• Use confidential information only for agreed purposes
• Limit access to authorized personnel only
• Return or destroy confidential information upon request

Exceptions

Confidentiality obligations do not apply to information that is:

• Publicly available or becomes public through no breach
• Known prior to disclosure or independently developed
• Received from third parties without confidentiality restrictions
• Required to be disclosed by law or court order

Termination Rights

• Either party may terminate with 30 days written notice
• Immediate termination for material breach (with 7-day cure period)
• Termination for bankruptcy, insolvency, or cessation of business
• Specific termination terms may be outlined in service agreements

Effect of Termination

• Client remains liable for all fees incurred prior to termination
• Work in progress will be delivered in current state
• Account access and passwords will be transferred to client
• Confidentiality obligations survive termination

Return of Materials

Upon termination, we will return client materials and provide transition assistance as commercially reasonable. Client data export may require additional time and fees depending on complexity.

Disclaimer of Warranties

Services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Damages

Our total liability for any claim shall not exceed the fees paid by client in the 12 months preceding the claim. We shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, or business opportunities
• Data loss or corruption
• Third-party claims or actions

Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or technological failures.

Governing Law

These terms are governed by the laws of California, United States, without regard to conflict of law principles. Any disputes will be resolved in the courts of San Francisco County, California.

Entire Agreement

These terms, together with any service agreements and proposals, constitute the entire agreement between the parties and supersede all prior understandings.

Severability

If any provision is found unenforceable, the remainder of these terms shall remain in full force and effect.

Assignment

Client may not assign these terms without our written consent. We may assign our rights and obligations to affiliates or successors.

Notices

All notices must be in writing and delivered to the addresses specified in service agreements or as updated by the parties.