Terms of Service

By accessing and using the services provided by Partner Developers Consulting ("PDC," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

Agreement to Terms

These Terms, together with any applicable service agreements, proposals, or statements of work, constitute the entire agreement between you and PDC regarding the use of our services.

Legal Capacity

You represent that you have the legal capacity to enter into this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

Partner Developers Consulting provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO): Improving website visibility in search engine results
• Pay-Per-Click (PPC) Advertising: Managing and optimizing online advertising campaigns
• Social Media Marketing: Developing and executing social media strategies
• Content Marketing: Creating and distributing valuable content to attract and engage target audiences
• Email Marketing: Designing and implementing email marketing campaigns
• Marketing Analytics: Analyzing data to measure and improve marketing performance
• Web Design & Development: Creating and optimizing websites for better user experience and conversion

Service Scope

The specific scope of services will be defined in a separate service agreement or statement of work for each client engagement.

Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Provide accurate and complete information during the onboarding process
• Comply with all applicable laws and regulations

Prohibited Activities

You agree not to use our services for:

• Illegal activities or purposes
• Fraudulent or deceptive practices
• Spamming or unsolicited commercial communications
• Infringing on intellectual property rights
• Activities that violate applicable laws or regulations

Fees and Billing

Fees for services will be outlined in your service agreement. Payment terms are typically net 30 days from invoice date, unless otherwise specified.

Payment Methods

We accept payment via:

• Credit card (Visa, MasterCard, American Express)
• Bank transfer (ACH)
• Check (subject to clearance)

Late Payments

Late payments may be subject to:

• A late fee of 1.5% per month on outstanding balances
• Suspension of services until payment is received
• Collection costs and reasonable attorney fees if legal action is required

Taxes

You are responsible for all applicable taxes, unless we are required by law to collect or remit taxes on your behalf.

Client Materials

You retain ownership of all materials you provide to us for use in providing services. You grant us a limited license to use these materials solely for the purpose of providing the agreed-upon services.

PDC Materials

We retain ownership of all:

• Pre-existing materials, tools, and methodologies
• Proprietary technology and software
• General knowledge and expertise

Deliverables

Upon full payment, you will receive a license to use the deliverables created specifically for you. The specific terms of this license will be outlined in your service agreement.

Third-Party Materials

Any third-party materials used in providing services are subject to their respective licenses and terms.

Confidential Information

Both parties agree to protect each other's confidential information, including but not limited to:

• Business plans and strategies
• Financial information
• Customer lists and data
• Proprietary methodologies

Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party
• Is independently developed
• Is required to be disclosed by law

Duration

Confidentiality obligations survive termination of these Terms for a period of three (3) years.

No Guarantees

While we strive to provide excellent services, we cannot guarantee specific results, including but not limited to:

• Specific search engine rankings
• Exact conversion rates
• Particular revenue increases

Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claims arising from these Terms or our services shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your breach of these Terms or your use of our services.

Termination for Convenience

Either party may terminate a service agreement with thirty (30) days written notice, unless otherwise specified in the service agreement.

Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within thirty (30) days of notice
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities related to the services

Effect of Termination

Upon termination:

• You must pay for all services rendered up to the termination date
• We will deliver any completed work
• Both parties will return or destroy confidential information

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Santa Clara County, California.

International Clients

If you are accessing our services from outside the United States, you are responsible for compliance with local laws.

Negotiation

Before initiating any formal dispute resolution process, both parties agree to attempt to resolve disputes through good faith negotiation.

Mediation

If negotiation fails, both parties agree to attempt mediation with a mutually agreed-upon mediator before pursuing litigation.

Arbitration

Any dispute that cannot be resolved through mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

Both parties waive the right to participate in class actions or collective arbitrations.

Right to Modify

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending email notification to active clients
• Updating the "Last Updated" date at the top of these Terms

Acceptance of Changes

Your continued use of our services after the effective date of the modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must discontinue using our services.

Historical Versions

Previous versions of these Terms are available upon request.

For questions about these Terms of Service, please contact us: