Terms of Service

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Effective Date: April 30,  2025

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Welcome to Ospito Marketing, a marketing and advertising agency ("Agency," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, services, and any related materials provided by us.. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

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1. Acceptance of Terms By using our website or services, you ("Client," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

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2. Services Provided We offer a range of marketing and advertising services, including but not limited to:

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• Digital marketing/advertising
   

• Social media management
   

• Search engine optimization (SEO)
   

• Content creation
   

• Advertising campaigns
   

• Website development

 

• Email marketing
   

• Brand strategy and consulting
   

Each service is governed by specific terms, and these will be outlined in separate service agreements when applicable.

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3. Use of Our Website You agree to use our website in accordance with all applicable laws and regulations. You may not use our website for any illegal purpose or in a way that could harm or disrupt the functioning of the website.

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• Account Creation: Some features of the website may require you to create an account. You agree to provide accurate and complete information during registration and keep your account credentials confidential.
   

• Prohibited Activities: You may not engage in any activity that interferes with or disrupts the website or services, including hacking or distributing malicious software.
   

4. Payment Terms For paid services, you agree to pay all fees as specified in the applicable service agreement. Payment must be made as per the agreed schedule. Failure to pay on time may result in suspension or termination of services.

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• Billing and Invoicing: We will provide you with an invoice for services rendered. Payments are due as outlined in the invoice. Failure to pay may result in late fees or suspension of services.
   

• Refund Policy: Unless otherwise stated in a service agreement, payments are generally non-refundable.
   

5. Intellectual Property

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• Agency’s Intellectual Property: We retain all rights, titles, and interests in the intellectual property we create during the provision of our services, including but not limited to marketing strategies, creative content, logos, and software.
   

• Client Content: You retain ownership of all content you provide to us. However, you grant us a non-exclusive, royalty-free license to use such content for the purpose of fulfilling our services.
   

6. Privacy and Data Protection Your use of our services is governed by our [Privacy Policy], which outlines how we collect, use, and protect your personal data. By using our website or services, you consent to the practices described in our Privacy Policy.

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7. Limitation of Liability We will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services, including loss of data or profits. Our total liability, if any, to you will be limited to the amount you have paid for the specific services that gave rise to the claim.

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8. Indemnification You agree to indemnify, defend, and hold harmless [Your Company Name] and its affiliates, directors, employees, agents, and contractors from any claims, liabilities, damages, or expenses (including attorney fees) arising from your use of the website or services, or from any breach of these Terms.

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9. Termination We reserve the right to terminate or suspend your access to our website and services at any time for any reason, including if you breach these Terms. Upon termination, you must cease all use of our website and services.

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10. Governing Law These Terms will be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

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11. Dispute Resolution Any disputes or claims arising from these Terms will be resolved through informal negotiations. If the dispute cannot be resolved, it will be submitted to binding arbitration under the rules of [Arbitration Institution], located in New York, New York.

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12. Modifications to Terms We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. By continuing to use our website and services after such modifications, you agree to be bound by the revised Terms.

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13. Force Majeure We are not liable for delays or failures in the performance of our services due to events beyond our reasonable control, including but not limited to natural disasters, war, or technological failures.

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14. Entire Agreement These Terms constitute the entire agreement between you and us regarding the use of our website and services. Any other agreements or communications, whether written or oral, are superseded by this document.

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15. Contact Information If you have any questions or concerns about these Terms, please contact us at:

Ospito Marketing

info@ospitomarketing.com