Terms of Service

Last updated on

Apr 5, 2025

Effective Date: April 21, 2025

These Terms of Service ("Terms") govern your access to and use of the website located at marcellmarketing.com (the “Site”), which is owned and operated by Marcell Clark d/b/a “Marcell Marketing” ("Agency," "we," "us," or "our"). By visiting the Site, submitting an inquiry, or otherwise engaging the Agency’s services, you ("Client" or "you") agree to be bound by these Terms. If you do not agree, do not use the Site.


1. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Site or engage our services. By accessing the Site you represent and warrant that you meet this requirement.

2. Scope of Services

The Agency provides professional digital‑marketing services, including without limitation consulting, graphic design, advertising campaign management, email‑marketing setup, and related outsourced marketing tasks (collectively, the “Services”). The Site is an informational brochure to showcase past results and collect leads; no user accounts are offered or required.

3. Estimates, Fees & Payment

  1. Quotation & Engagement. Services begin only after (a) we issue a written proposal or invoice, and (b) you accept it in writing or by paying the first invoice.

  2. Retainer Billing. Unless otherwise stated in a proposal, Services are billed monthly in advance and begin on the date of first payment (“Service Month”).

  3. Payment Method. We currently accept payment via Stripe or any method Stripe supports. All fees are stated and payable in U.S. dollars unless agreed otherwise in writing.

  4. Late Payments. Amounts more than ten (10) days past due accrue interest at 1.5 % per month (or the maximum legal rate, if lower) until paid.

4. Refund & Cancellation Policy

4.1 30‑Day Satisfaction Guarantee (First Month)

If you are dissatisfied for any reason, you may cancel at any time during the first thirty (30) calendar days after your initial payment (“First Month”):

  • Inside First Month: Notify us in writing and we will promptly refund 100 % of the fees paid for the First Month; no further fees will be charged.

  • Within 14 Days After First Month Ends: You are entitled to a full refund of the First Month’s fees, but you remain liable for—and we will invoice you pro‑rata for—any Services performed in the second month up to the date you gave notice.

  • More Than 14 Days After First Month Ends: No refund for the First Month is available. Services already performed in the current month will be invoiced pro‑rata; any unused portion of that month’s pre‑paid fees will be refunded.

4.2 Ongoing Retainers (After First Month)

For cancellations during any month after the First Month, we will refund on a pro‑rata basis the portion of that same month for which Services have not yet been performed.

All refunds will be issued to the original payment method within fourteen (14) calendar days after approval.

5. Acceptable Use

You agree not to:

  1. Copy, redistribute, or exploit any content on the Site without our prior written consent;

  2. Use the Site or Services for unlawful, fraudulent, or defamatory purposes;

  3. Upload or transmit malware, unsolicited promotions, or any material that infringes third‑party rights;

  4. Attempt to reverse‑engineer or otherwise obtain the source code of any proprietary software used in connection with the Site;

  5. Interfere with or circumvent security‑related features of the Site.

6. Intellectual Property

All materials on the Site (including text, graphics, logos, and software) are owned by or licensed to the Agency and are protected by U.S. and international intellectual‑property laws. Except for the limited right to view the Site for your own informational purposes, no license or other rights are granted.

6.1 Client Materials

You grant us a non‑exclusive, royalty‑free, worldwide license to use, reproduce, and adapt any materials you supply to us (e.g., logos, copy, images) solely for the purpose of providing the Services.

7. Third‑Party Services & Integrations

The Site or Services may rely on or link to third‑party platforms such as Google Analytics, Facebook Pixel, Klaviyo, and Stripe. Use of those platforms is subject to their respective terms, disclaimers, and privacy policies, which are incorporated by reference. We are not responsible for any third‑party acts or omissions.

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGENCY OR ITS OWNER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 USD, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Agency and its owner from and against any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your use of the Site or Services, or (c) your violation of any law or rights of a third party.

11. Governing Law & Jurisdiction

These Terms and any dispute between you and the Agency are governed by the laws of the State of Georgia, USA, without regard to its conflict‑of‑law rules. You agree to submit to the exclusive jurisdiction of the state or federal courts located in Fulton County, Georgia for all disputes that are not subject to informal resolution or small‑claims procedures.

12. Modifications to Terms

We may update these Terms from time to time. When we do, we will post the revised Terms and update the “Last Updated” date above. Changes become effective on the date they are posted unless we specify a later effective date. Your continued use of the Site or Services after any change constitutes your acceptance of the revised Terms.

13. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we believe you have violated these Terms, the law, or engaged in conduct that may harm us or others.

14. Miscellaneous

  • Entire Agreement. These Terms constitute the entire agreement between you and the Agency with respect to the Site and Services and supersede all prior or contemporaneous agreements.

  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

  • Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • Waiver. Our failure to enforce any right or provision is not a waiver of that right or any other provision.

15. Contact

Marcell Marketing

DomainsByProxy.com,

100 S. Mill Ave, Suite 1600,

Tempe, Arizona, United States 85281

Email: marcell@marcellmarketing.com


© 2025  Marcell Marketing. All rights reserved.

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