Terms of Service

This agreement

These terms apply when you use markitera.com, our client portal, or the services we provide. By using them, you agree to what follows. If you do not agree, please do not use them.

If you have signed a separate proposal, statement of work, or service agreement with us, that document governs the specifics of your engagement — scope, deliverables, timelines, and fees. These terms cover everything around it. Where the two conflict, your signed agreement wins.

Our services

Markitera provides marketing services to businesses, which may include websites and e-commerce, branding and design, print, apparel and promotional products, social media, SEO, digital advertising, photography and video, website maintenance, CRM and outreach, analytics and reporting, and general IT support.

What we will do for you, when, and at what price is set out in your proposal or invoice, not on this page. Descriptions on this website are illustrations of the kind of work we do, not an offer or a guarantee of any particular outcome.

Your portal account

Client accounts are created by us, not self-registered. You are responsible for keeping your password confidential and for activity that happens under your account. Tell us promptly if you think someone else has access.

Accounts are for the client business and the people it authorizes. Do not share credentials with anyone who should not see your business’s data. We may suspend an account if we believe it is being misused or that it puts data at risk.

Markitera administrators can access client accounts in order to provide support, configure reporting, and resolve problems.

Connected accounts

The portal can connect to your Google and Meta accounts to display your marketing results. By connecting an account you confirm that you own it, or that you are authorized to grant access on behalf of the business that does.

We request read-only access and use it solely to produce your reporting, as described in our Privacy Policy. You can disconnect at any time. Because these are third-party platforms, we cannot guarantee their availability, and changes they make to their APIs may interrupt or alter what we can show you.

What we need from you

To do our work, we rely on you to:

• Provide content, approvals, and feedback in reasonable time
• Make sure any material you give us — logos, images, copy, product information — is accurate and that you have the right to use it
• Give us the access we need to platforms, hosting, and accounts we are working on
• Keep your billing and contact details current

You are responsible for the material you supply. If a third party claims that content you gave us infringes their rights, that claim is yours to resolve, and you agree to cover us for costs arising from it.

Fees and payment

Fees, payment schedules, and billing cycles are set out in your proposal or invoice. Payment is due as stated there.

Where work is billed on a recurring basis, it continues until either of us ends it as described below. Third-party costs — advertising spend, hosting, domains, stock imagery, print production, promotional goods — are your responsibility unless your agreement says otherwise, and we will tell you before committing to them on your behalf.

If an invoice goes unpaid, we may pause work and reporting until it is settled.

Who owns what

Once you have paid for it in full, the final deliverables we create specifically for you — your logo, your website design, your print artwork — are yours.

We keep ownership of the things that are ours: our own tools, templates, code libraries, internal processes, and the client portal itself. Where any of that is embedded in your deliverables, you have an ongoing licence to use it as part of them.

Third-party components — fonts, stock imagery, plugins, platform subscriptions — stay under their own licences, which we will identify where relevant.

Unless you ask us not to, we may show completed work in our portfolio and marketing materials.

Third-party platforms

Much of our work runs on platforms we do not control: Google, Meta, hosting providers, e-commerce systems, email tools, and others. Their availability, pricing, policies, and APIs can change without notice, and those changes can affect your website, your campaigns, or the data shown in your portal.

We will work around such changes where we reasonably can, but we are not responsible for the acts, outages, policy decisions, or account actions of those platforms.

About results

Marketing outcomes depend on many things outside our control — your market, your competitors, your pricing, seasonality, and the platforms themselves. We bring professional skill and effort to your work, but we do not guarantee specific rankings, traffic, leads, sales, or advertising performance, and nothing on this website should be read as such a guarantee.

Statistics shown in the portal come from Google and Meta. We present them as those platforms report them; we cannot vouch for their accuracy, and platform data is often delayed or later restated by the provider.

Confidentiality

Each of us may learn confidential information about the other in the course of working together. Both of us agree to keep it confidential and to use it only for the purposes of the engagement. This does not apply to information that is already public, that we knew beforehand, or that we are legally required to disclose.

Acceptable use

Do not use this website or the portal to break the law, infringe anyone’s rights, upload malware, attempt to gain unauthorized access, disrupt the service, or scrape it by automated means without our permission. We may suspend access if you do.

Disclaimers

We provide our services with reasonable skill and care. Beyond that, this website and the client portal are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent the law allows.

We do not warrant that the website or portal will be uninterrupted, error-free, or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised that they were possible.

Our total liability arising out of or relating to our services is limited to the amount you paid us for the services giving rise to the claim in the three months before it arose.

Nothing here limits liability that cannot lawfully be limited.

Ending the engagement

Either of us may end an ongoing engagement as described in your agreement with us, or with reasonable written notice if it does not say. You remain responsible for fees for work performed and commitments made up to the end date.

We may suspend or end services immediately if fees go unpaid, if these terms are breached, or if continuing would put us in breach of a third-party platform’s rules.

When an engagement ends, tell us if you want copies of your files and data, and we will provide what we reasonably can. Your portal account may be closed and its stored data deleted after a reasonable period.

Governing law

These terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts serving Daviess County, Kentucky, and both of us consent to that.

Changes to these terms

We may update these terms. The effective date at the top of the page reflects the current version, and continuing to use our website or portal after a change means you accept it. If a change materially affects an active engagement, we will tell you directly.

Contact us

Questions about these terms:

Markitera Brand Solutions
612 Triplett Street, Owensboro, KY 42303
sales@markitera.com
270-929-0898
Monday – Friday, 9am – 5pm CT