Terms & Conditions
1. Agreement
By signing any proposal, contract, or initiating payment to Active Digital Marketing, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. These terms apply to all services provided, regardless of project size, scope, or billing method.
2. Services Covered
These Terms apply to all services offered by Active Digital Marketing, including but not limited to website design, SEO, paid advertising, email marketing, social media management, creative production, consulting, reporting, and all marketing strategy work.
3. Ownership and Rights
All deliverables, including websites, ad campaigns, video content, creative assets, written copy, backend systems, and strategy documentation remain the property of Active Digital Marketing until all invoices are paid in full. Upon final payment, approved deliverables may be transferred to the client where specified in writing. All backend systems, ad account structures, campaign logic, and proprietary methods remain the intellectual property of Active Digital Marketing unless explicitly granted otherwise in the agreement. We reserve the right to showcase completed work for portfolio, training, and marketing purposes unless restricted by a prior non-disclosure agreement.
4. Payment Terms
Payments are due based on the schedule outlined in your signed agreement. Late payments beyond five calendar days may be subject to a 5% late fee. Failure to make timely payments may result in paused work, revoked access, or termination of services at our discretion. Any unpaid balances referred to collections will incur legal fees and interest where applicable.
5. Revisions and Scope
Each agreement includes a defined number of revision rounds as outlined in the original Scope of Work. Any request outside of the original scope, timeline, or deliverables will be quoted separately and will not be executed without written approval. Requests made outside of scope without prior approval may be billed at our standard hourly rate or added to the next invoice.
6. Cancellation and Termination
If you are under contract, you must provide sixty (60) days’ written notice prior to cancellation. Cancellation before the completion of your contracted term may result in you being charged the remaining balance of the contract in full, due immediately upon notice. If you are out of contract, or on a month-to-month agreement, you must provide thirty (30) days’ written notice. Services and billing will continue through the applicable notice period. We reserve the right to terminate services immediately if the client engages in disrespectful behavior, misses payment deadlines, refuses to participate in required reviews or approvals, or otherwise breaches the terms of this agreement. In such cases, all fees earned and work delivered up to that point will remain due.
7. Refund Policy
We do not offer refunds for services rendered, time allocated, or work delivered. Refunds will only be considered if no work has started, payment was made in error, or a written guarantee has been violated. All refund requests must be submitted in writing to
support@thisisactive.digital and are subject to review and approval.
8. Limitation of Liability
Active Digital Marketing is not responsible for indirect, incidental, or consequential damages, including but not limited to loss of revenue, website traffic, brand reputation, or digital performance. Our total liability under any agreement shall not exceed the amount paid by the client within the thirty (30) days preceding the date of a submitted claim.
9. Dispute Resolution
Any dispute must be submitted in writing and both parties agree to attempt resolution in good faith. If no resolution is reached, legal proceedings will be governed under the laws of the State of Nevada, with jurisdiction in Clark County. Clients agree not to engage in public slander, defamatory statements, or false claims against Active Digital Marketing at any point before, during, or after dispute resolution.
10. Updates to Terms
These Terms & Conditions may be updated at any time. Updated versions will be posted at thisisactive.digital/terms-conditions and will take effect immediately upon publication. Continued use of services implies acceptance of all updates.