Terms of Service
Last updated: January 2025
1. Agreement to Terms
By accessing or using the services provided by nonstatic.agency (operated by Ylder Consulting LLC), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
2. Services Description
nonstatic.agency provides digital marketing services including but not limited to paid media management, go-to-market strategies, SEO optimization, content marketing, landing page optimization, and analytics. The specific services provided to you will be detailed in your service agreement or proposal.
3. Service Engagement and Pricing
3.1 Service Terms: Services are provided on a month-to-month basis unless otherwise specified in your service agreement. Either party may terminate services with 30 days written notice.
3.2 Payment Terms: Payment is due according to the schedule outlined in your service agreement. Late payments may result in service suspension and may incur late fees of 1.5% per month or the maximum allowed by law.
3.3 Pricing Changes: We reserve the right to modify our pricing with 30 days notice. Existing clients will be notified of any changes via email.
4. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for service delivery
- Grant appropriate access to required platforms and accounts
- Respond to requests for information in a timely manner
- Comply with all applicable laws and regulations
- Ensure all advertising content complies with platform policies
5. Intellectual Property
5.1 Client Materials: You retain all rights to content, materials, and data you provide to us. You grant us a license to use these materials solely for the purpose of providing our services.
5.2 Work Product: Upon full payment, you own all custom creative assets, copy, and materials we create specifically for you. We retain rights to our methodologies, processes, and tools.
5.3 Portfolio Rights: We reserve the right to showcase our work in our portfolio and marketing materials unless you specifically request confidentiality in writing.
6. Confidentiality
We agree to maintain the confidentiality of your proprietary information and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our services (e.g., sharing data with advertising platforms).
7. Limitation of Liability
To the fullest extent permitted by law, nonstatic.agency and Ylder Consulting LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data arising from or relating to these terms or our services. Our total liability shall not exceed the amount paid by you for services in the three months preceding the claim.
8. Warranties and Disclaimers
We provide our services using reasonable care and skill. However, we make no guarantees regarding specific results, rankings, traffic, leads, or revenue. Marketing outcomes depend on many factors outside our control, including market conditions, competition, and your product or service quality.
Our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
9. Termination
9.1 Termination by Either Party: Either party may terminate the service agreement with 30 days written notice.
9.2 Immediate Termination: We reserve the right to immediately terminate services if you breach these terms, fail to make payment, or engage in fraudulent or illegal activities.
9.3 Post-Termination: Upon termination, you will pay for all services rendered through the termination date. We will provide you with access to your data and campaign assets in a reasonable format.
10. Dispute Resolution
Any disputes arising from these terms or our services shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your State], and the prevailing party shall be entitled to recover reasonable attorneys' fees.
11. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which Ylder Consulting LLC is registered, without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right to modify these terms at any time. We will notify you of any material changes via email or through our website. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Ylder Consulting LLC
Email: legal@nonstatic.agency
Website: nonstatic.agency