Terms of Service

Last Updated: March 14, 2025

Please read these Terms of Service ("Terms") carefully before using the website and services operated by Wakefield Digital Agency ("us," "we," "our").

Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our services.

1. Use of Our Services

1.1 Eligibility

You must be at least 18 years old to use our services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

1.2 Account Creation

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our services.

1.3 Account Security

You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.

You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.

2. Service Description and Pricing

2.1 Service Description

Wakefield Digital Agency provides digital marketing, website development, and social media management services to businesses. The specific details, deliverables, and timeline for services will be outlined in a separate Service Agreement or Statement of Work agreed upon by both parties.

2.2 Pricing and Payment

Our pricing is based on the specific services requested and will be outlined in a proposal or Service Agreement. Payment terms, including deposit requirements and payment schedules, will be specified in the Service Agreement.

Unless otherwise specified, all invoices are due upon receipt. Late payments may incur additional fees as outlined in the Service Agreement.

3. Intellectual Property

3.1 Our Content

The content on our website and services, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Wakefield Digital Agency or its content suppliers and is protected by United States and international copyright laws.

3.2 Client Content

You retain all ownership rights to any content you provide to us for use in fulfilling our services. By providing content to us, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing our services to you.

You represent and warrant that you own or have the necessary rights to the content you provide to us and that the use of this content does not violate any third-party rights or applicable laws.

3.3 Deliverables

Upon full payment of all fees due, and unless otherwise specified in the Service Agreement, we will assign to you all rights, title, and interest in the final deliverables created specifically for you as part of our services.

However, we retain ownership of all designs, concepts, and other materials that were previously created by us or that were not created specifically for you. We also retain the right to use the deliverables in our portfolio and for promotional purposes.

4. Client Responsibilities

To ensure the successful delivery of our services, you agree to:

• Provide timely and accurate information and materials necessary for us to perform the services
• Review and provide feedback on work in progress within the agreed timeframes
• Designate a primary contact person with the authority to make decisions regarding the services
• Attend scheduled meetings or calls as required
• Comply with all applicable laws and regulations in your use of our services and deliverables

5. Limitation of Liability

In no event shall Wakefield Digital Agency, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Any content obtained from our services
• Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the maximum extent permitted by law. In no case shall our total liability exceed the amount paid by you for the services directly related to the claim.

6. Indemnification

You agree to defend, indemnify, and hold harmless Wakefield Digital Agency and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to our services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of our services.

7. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using our services.