Terms of Service
Last Updated: December 2024
Agreement to Terms
By accessing or using the Scarlet Plus website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
Description of Services
Scarlet Plus provides digital marketing services including but not limited to: search engine optimization (SEO), pay-per-click advertising (PPC), website design and development, marketing automation, and related consulting services for healthcare practices and law firms.
User Responsibilities
Accurate Information
You agree to provide accurate, current, and complete information when using our Services and to update such information as necessary.
Compliance
You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations, including but not limited to HIPAA (for healthcare clients) and legal ethics rules (for law firm clients).
Service Terms
Agreements and Proposals
Specific services are governed by individual service agreements or proposals. These Terms supplement and do not replace those agreements.
Payment Terms
Payment terms are specified in your service agreement. Generally, services are billed monthly in advance unless otherwise agreed. Late payments may result in service suspension or termination.
Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will make reasonable efforts to notify clients of material changes.
Intellectual Property
Our Property
All content, designs, methodologies, and materials created by Scarlet Plus remain our intellectual property unless explicitly transferred to you in writing.
Client Property
You retain ownership of content, logos, and materials you provide to us. You grant us a license to use these materials for the purpose of providing Services to you.
Deliverables
Upon full payment, you own the final deliverables created specifically for you (websites, ad copy, etc.). We may use de-identified case studies and results for marketing purposes unless otherwise agreed.
Results and Guarantees
While we work diligently to achieve the best possible results, we cannot guarantee specific outcomes such as search engine rankings, traffic levels, or lead volumes. Digital marketing results depend on many factors, some outside our control.
We do guarantee our expertise, effort, transparency, and commitment to your success. We provide regular reporting and work collaboratively to optimize performance.
Third-Party Services
Our Services may rely on or integrate with third-party platforms (Google Ads, analytics tools, etc.). We are not responsible for changes, outages, or policies of these third-party services.
Confidentiality
We will keep confidential any proprietary or sensitive information you share with us, except as required by law or as necessary to provide Services. You agree to keep our methodologies, strategies, and proposals confidential.
Limitation of Liability
To the maximum extent permitted by law, Scarlet Plus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claims arising from our Services shall not exceed the amount paid by you for Services in the 12 months preceding the claim.
Indemnification
You agree to indemnify and hold Scarlet Plus harmless from any claims arising from: (a) your breach of these Terms, (b) your violation of any law or regulation, (c) content you provide to us, or (d) your use of our Services.
Termination
Either party may terminate services as outlined in the service agreement. Generally, we require 30 days written notice for termination. Upon termination:
- Outstanding fees become immediately due
- We will provide a final report and handover relevant materials
- Access to third-party platforms (ad accounts, analytics) must be transitioned properly
- We may terminate services immediately for non-payment or breach of terms
Dispute Resolution
Any disputes arising from these Terms or our Services shall first be attempted to be resolved through good faith negotiation. If unresolved, disputes shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify clients of material changes. Continued use of our Services after changes constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Contact Information
For questions about these Terms, please contact us:
Scarlet Plus
Email: legal@scarletplus.com
Phone: (855) 555-5555