1. Agreement To These Terms
These Terms of Service govern the use of the website published at https://www.cvcmarketing.mom and the delivery of computer systems design, marketing technology and integrated systems services by CVC Marketing LLC. By accessing the website, engaging our services or signing a statement of work that references these terms, you agree to be bound by them.
If you are entering into these terms on behalf of an organization, you represent that you have authority to bind that organization, and the words you and your refer to that organization. If you do not have that authority, or if you do not agree with these terms, you must not use the website or engage our services.
These terms apply together with any proposal, statement of work or order that the parties sign. Where a signed document conflicts with these terms, the signed document controls for the services it describes, and these terms govern all other matters.
Please read these terms carefully. They include provisions that limit liability and that allocate risk between the parties.
2. Definitions
In these terms, the Company means CVC Marketing LLC, with its workshop at 6476 W 9980 N, Highland - 84003-6737, United States (US). The Client means the person or organization that engages the Company for services. The Services means the work described in a proposal or statement of work, including audits, builds, designs, tune-ups, rollout programs and monitoring plans.
Deliverables means the documents, configurations, diagrams, reports and other materials that the Company provides to the Client as part of the Services. Client Materials means data, content, credentials, brand assets and other materials that the Client supplies to the Company. Third Party Services means platforms, tools and services that are supplied by a party other than the Company.
Confidential Information means non-public information that is disclosed by one party to the other and that is marked confidential or that a reasonable person would understand to be confidential. Website means the pages published under the domain cvcmarketing.mom.
3. Eligibility
The website and the Services are intended for businesses and professionals. By using them you confirm that you are at least the age of majority in your jurisdiction and that you have the legal capacity to enter into a binding agreement. If you use the website on behalf of an organization, you confirm that you are authorized to do so.
The Company does not direct the website or the Services to children, and it does not knowingly permit a minor to enter into a service relationship. If the Company learns that a minor has provided information or attempted to engage services without appropriate consent, it will take reasonable steps to remove the information and to close the interaction.
The Company may decline to provide services to any person or organization for any lawful reason. Nothing on the website constitutes an offer that cannot be withdrawn, and a service relationship exists only when the Company and the Client have agreed in writing.
4. Permitted Use Of The Website
The Company grants you a limited, non-exclusive, non-transferable permission to access the website and to view its content for your internal business or informational purposes. This permission does not transfer ownership of any content, and it ends automatically if you breach these terms.
You may print or save a reasonable number of pages for your own reference, provided that you do not remove any notice of ownership and that you do not present the material as your own. You may link to the website in a fair and accurate manner, but you may not frame the website or imply an endorsement that does not exist.
Any use of the website beyond the scope described in this section requires the prior written consent of the Company. The Company reserves all rights that are not expressly granted in these terms.
5. Prohibited Conduct
You agree not to use the website or the Services in a manner that is unlawful, harmful or disruptive. Prohibited conduct includes attempting to gain unauthorized access to any system, interfering with the operation of the website, introducing malicious code, scraping content at a rate that burdens the infrastructure, or using automated means to submit fraudulent inquiries.
You also agree not to misrepresent your identity, to impersonate another person or organization, to collect information about other users, or to use the website to transmit unsolicited advertising. You must not use the Services to process information that you do not have the right to process, or to build a system that violates the rights of any person.
If the Company reasonably believes that your conduct violates this section, it may suspend access, remove content and report the matter to the appropriate authorities. The Company will cooperate with a lawful investigation and will preserve relevant records where it is required to do so.
6. Our Services
The Company provides computer systems design and related consulting services. The current service lines are campaign systems audits, funnel integration builds, automation circuit design, data pipeline tune-ups, brand rollout programs and monitoring and reporting plans. Each service is described on the website, and the description there is informational rather than contractual.
The scope, schedule, assumptions and fees for a particular engagement are set out in a proposal or statement of work. The Company performs the Services with reasonable skill and care and in accordance with the agreed scope. Where the Client requests a change, the parties will document the change and any effect on schedule or fees before the Company proceeds.
The Company may use subcontractors and service providers to deliver the Services, provided that it remains responsible for the work and that it imposes appropriate obligations on those parties. The Company may also decline a request that falls outside its competence or that would require it to act contrary to law or professional ethics.
7. Proposals And Statements Of Work
A proposal issued by the Company remains valid for the period stated in the proposal or, if no period is stated, for thirty days from the date of issue. A proposal becomes binding when the Client accepts it in writing or when the parties sign a statement of work that describes the engagement.
Each statement of work identifies the deliverables, the assumptions, the client dependencies, the estimated schedule and the fees. If an assumption proves incorrect, the parties will discuss the effect and agree on an adjustment before the affected work continues. The Company is not responsible for a delay that results from a dependency that the Client has not provided.
Estimates of effort and duration are made in good faith based on information available at the time. They are not guarantees unless a statement of work expressly labels them as such, and they may be revised when the scope or the underlying conditions change.
8. Client Responsibilities
The Client agrees to provide timely access to the systems, accounts, personnel and information that the Company reasonably requires to perform the Services. The Client is responsible for the accuracy of the information it supplies and for obtaining any consent or permission needed for the Company to access and process it.
The Client must designate a point of contact who is empowered to make decisions about the engagement or who can obtain those decisions promptly. Delays caused by unavailable approvals, missing credentials or incomplete materials may affect the schedule, and the Company will notify the Client when such a delay occurs.
The Client is responsible for its own compliance obligations, including the laws that apply to its marketing, its handling of personal data and its industry. The Company may provide guidance, but it does not provide legal advice, and the Client should consult qualified counsel where a legal question arises.
9. Fees And Payment
Fees for the Services are stated in the applicable proposal or statement of work. Unless the document states otherwise, invoices are due within thirty days of the invoice date, and the Company may require a deposit before work begins. Fees are exclusive of taxes, which are the responsibility of the Client where applicable.
The Client agrees to pay all undisputed amounts in accordance with the agreed schedule. If the Client disputes an amount, it must notify the Company within fourteen days of the invoice date and provide the basis for the dispute. The parties will work in good faith to resolve the dispute while the undisputed portion is paid.
Amounts that remain unpaid after the due date may accrue interest at the lesser of one and one half percent per month or the maximum rate permitted by law. The Company may suspend work on an account that is materially overdue after providing reasonable notice. The Client remains responsible for amounts due for work already performed.
10. Intellectual Property
The Company retains ownership of its pre-existing materials, methods, templates, tools and know-how, including any improvement that it develops independently of a client engagement. The Client receives a license to use those materials only to the extent necessary to use the Deliverables and only as stated in the applicable statement of work.
Upon full payment of the fees for an engagement, the Company assigns to the Client the rights in the custom Deliverables created specifically for that engagement, excluding the Company pre-existing materials and any third party component. The Client may use, modify and reproduce those custom Deliverables for its internal business purposes.
Neither party acquires rights in the other party trademarks or brand assets except as expressly granted in writing. The Company may reference the Client name and a general description of the work in a client list or case study only where the Client has given permission, and the Client may withdraw that permission at any time.
11. Client Materials And Data
The Client retains ownership of the Client Materials and of the data that the Client places into the systems that the Company supports. The Client grants the Company a license to use the Client Materials only for the purpose of performing the Services and only for the duration of the engagement.
The Client is responsible for the lawfulness of the Client Materials and for ensuring that it has the rights needed to share them. The Company will handle the Client Materials in accordance with its security practices and will not use them for an unrelated purpose. Where the Company acts as a processor, it processes the data only on the documented instructions of the Client.
Upon termination, the Company will return or delete the Client Materials in accordance with the statement of work and with applicable law. Where the Company must retain a copy for a legal or accounting purpose, it will limit the retained copy to what the obligation requires and will protect it accordingly.
12. Confidentiality
Each party agrees to protect the Confidential Information of the other party with at least the degree of care that it uses for its own confidential information, and in no event with less than reasonable care. Confidential Information may be used only to perform the obligations under these terms and may be disclosed only to personnel and advisors who need to know it and who are bound by confidentiality duties.
Confidential Information does not include information that is or becomes public without a breach, that the receiving party already knew without a duty of confidence, that a third party lawfully provides without a duty of confidence, or that the receiving party independently develops without using the disclosing party information. A disclosure required by law is permitted where the receiving party gives prompt notice, to the extent lawful, and cooperates in any effort to limit the disclosure.
These confidentiality obligations survive the end of the engagement for a period of three years, or for a longer period where the information qualifies as a trade secret under applicable law. The parties may agree to a different period in a signed statement of work.
13. Third Party Services
Many engagements depend on Third Party Services such as customer relationship management platforms, automation tools, hosting providers and analytics systems. The Company does not control those services and is not responsible for their availability, performance, changes or terms. The Client is responsible for any subscription, license or usage fee that a Third Party Service imposes.
Where a Third Party Service changes its interface, pricing or policies, the Company will notify the Client and recommend a response. The Company may need to adjust a Deliverable to preserve compatibility, and the parties will agree on the effect of that adjustment before the change is made. The Company does not warrant that a Third Party Service will remain available for any particular period.
The Client agrees to comply with the terms of each Third Party Service it uses and to obtain any account or permission that the Company requires to perform the work. Any dispute between the Client and a Third Party Service provider is between those parties, and the Company will provide reasonable information to assist where it is able.
14. Privacy And Data Protection
The Company handles personal information in accordance with its Privacy Policy, which is published on the website and which forms part of these terms by reference. The Privacy Policy describes the categories of information collected, the purposes of processing, the retention periods and the rights available to individuals.
Where the Company processes personal information on behalf of a Client, the parties may enter into a separate data processing agreement that sets out the subject matter, the duration, the nature and purpose of the processing, and the obligations of each party. In the event of a conflict between the data processing agreement and this section, the data processing agreement controls for the processing it covers.
The Client warrants that it has a lawful basis for the personal information it provides to the Company and that it has given all notices required by applicable law. The Company will assist the Client in responding to requests from individuals and in meeting any breach notification duty, to the extent required and within the limits of the law.
15. Warranties And Disclaimers
The Company warrants that it will perform the Services in a professional and workmanlike manner and in accordance with the applicable statement of work. The Company will correct a Deliverable that does not conform to the agreed specification, provided that the Client reports the non-conformity within thirty days of delivery and the issue is within the Companys control.
Except for the warranty stated above, the website and the Services are provided as available and without further warranty of any kind, whether express, implied or statutory. The Company disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.
The Company does not warrant that the website will be uninterrupted or error free, that a Third Party Service will perform as expected, or that a marketing system will produce a particular business result. Business outcomes depend on many factors outside the Companys control, and the Client remains responsible for its own decisions.
16. Limitation Of Liability
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or loss of goodwill, even if the Company has been advised of the possibility of such damages. This limitation applies regardless of the legal theory on which the claim is based.
The total aggregate liability of the Company arising out of or relating to the Services or the website is limited to the amount of fees that the Client paid to the Company for the engagement giving rise to the claim during the six months preceding the event that produced the claim. Where the Client has paid no fees, the total liability is limited to one hundred United States dollars.
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, for willful misconduct or for any other matter that applicable law does not permit the parties to waive. The limitations in this section apply even if a limited remedy is found to have failed its essential purpose.
17. Indemnification
The Client agrees to indemnify and hold harmless the Company and its officers, employees and agents from any claim, loss, liability, cost or expense, including reasonable legal fees, that arises from the Client Materials, from the Client use of the Deliverables in a manner not contemplated by the statement of work, or from the Client breach of these terms.
The Company agrees to indemnify and hold harmless the Client from a claim that a custom Deliverable, as delivered by the Company and used in accordance with the statement of work, infringes a United States copyright or trade secret. This obligation does not apply where the claim arises from a modification made by the Client, from a combination with a product the Company did not supply, or from Client Materials.
A party seeking indemnification must promptly notify the other party, must allow the other party to control the defense where it elects to do so, and must cooperate reasonably in the defense. The indemnifying party may not settle a claim in a way that imposes a non-monetary obligation on the indemnified party without that party consent.
18. Termination
Either party may terminate an engagement for convenience by providing thirty days written notice, in which case the Client pays for the work performed and for any non-cancelable commitment made up to the effective date of termination. Either party may terminate immediately if the other party commits a material breach and fails to cure it within fifteen days after written notice of the breach.
The Company may suspend or terminate access to the website at any time where it reasonably believes that conduct violates these terms or creates a risk to the Company, to other users or to a Third Party Service. Where a suspension is based on a good faith belief that later proves incorrect, the Company will restore access promptly.
On termination, the Client must pay all amounts due, and the Company will deliver the work in progress and any agreed close-out materials. Sections that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and indemnification, remain in force after the engagement ends.
19. Governing Law And Disputes
These terms are governed by the laws of the State of Utah in the United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute that is not resolved by negotiation, except that either party may seek relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Before commencing a proceeding, the parties agree to attempt in good faith to resolve the dispute through discussion between senior representatives. If the dispute is not resolved within thirty days after written notice, either party may proceed with the remedies available at law or in equity.
Each party waives any right to a trial by jury in any proceeding arising out of or relating to these terms, to the fullest extent permitted by law. The prevailing party in a proceeding is entitled to recover its reasonable legal fees and costs, in addition to any other relief awarded.
20. General Provisions
These terms, together with any proposal or statement of work and the Privacy Policy, constitute the entire agreement between the parties on the subject matter and supersede all prior discussions and understandings. A waiver of a breach is not a waiver of a later breach, and a failure to enforce a provision is not a waiver of that provision.
If a provision of these terms is found to be unenforceable, the remaining provisions continue in full force, and the unenforceable provision is reformed to the minimum extent needed to make it enforceable. The parties may not assign these terms without the prior written consent of the other party, except that the Company may assign them to an affiliate or to a successor in a merger or sale of assets.
Notices under these terms must be in writing and delivered to the address of the receiving party or sent by email to the contact address that the receiving party has provided. A notice is effective on receipt, or on the next business day where it is sent after business hours. The headings in these terms are for convenience only and do not affect interpretation.
21. Contact Information
Questions about these Terms of Service may be directed to CVC Marketing LLC using the details below.
CVC Marketing LLC
6476 W 9980 N, Highland - 84003-6737, United States (US)
Email: notify@cvcmarketing.mom
Phone: +15319994324
Website: www.cvcmarketing.mom