Terms of Service
Last updated: 8/8/2025
1. Agreement to Terms
By accessing or using the services of Alder Creek Digital ("Company," "we," "us," or "our"), 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.
2. Services Description
Alder Creek Digital provides digital marketing services including but not limited to:
- Web design and development
- Digital marketing and advertising
- Graphic design and branding
- Content creation and video production
- CRM and automation setup
3. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for project completion
- Respond to requests for feedback and approval in a timely manner
- Ensure all content provided does not infringe on third-party rights
- Make payments according to agreed terms
- Maintain confidentiality of any access credentials provided
4. Payment Terms
Payment terms will be specified in individual project agreements or invoices. Unless otherwise stated:
- A deposit may be required before work commences
- Invoices are due within 30 days of receipt
- Late payments may incur additional fees
- Work may be suspended for overdue accounts
5. Intellectual Property
Client Materials
You retain ownership of all materials you provide to us. You grant us a license to use these materials solely for the purpose of providing our services to you.
Work Product
Upon full payment, you will own all custom work product created specifically for you. We retain the right to display work in our portfolio unless otherwise agreed.
Pre-existing Materials
We retain ownership of any pre-existing materials, methodologies, or generic components used in your project.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the business relationship. This obligation survives the termination of services.
7. Warranties and Disclaimers
We provide our services on an "as is" basis. While we strive for excellence, we do not guarantee specific results or outcomes. We disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising from or related to these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim. We shall not be liable for any indirect, incidental, special, or consequential damages.
9. Indemnification
You agree to indemnify and hold harmless Alder Creek Digital, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms or your use of our services.
10. Termination
Either party may terminate services with written notice. Upon termination:
- All outstanding payments become immediately due
- We will deliver any completed work upon full payment
- Each party will return or destroy confidential information
11. Dispute Resolution
Any disputes arising from these Terms or our services will first be addressed through good faith negotiations. If unresolved, disputes will be subject to binding arbitration in accordance with the rules of the American Arbitration Association.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
13. Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients. Continued use of our services after modifications constitutes acceptance of the updated Terms.
14. Entire Agreement
These Terms, together with any project-specific agreements, constitute the entire agreement between you and Alder Creek Digital regarding our services.
15. Communications and Marketing
SMS/Text Messaging
By providing your mobile phone number and opting in to receive text messages, you expressly consent to receive marketing and promotional text messages from Alder Creek Digital. You understand that:
- Message frequency may vary
- Message and data rates may apply
- Consent is not a condition of purchase
- You may opt out at any time by texting STOP to any message
- Text HELP for customer support
Email Communications
By providing your email address, you consent to receive email communications from us, including:
- Service-related notifications
- Marketing and promotional emails
- Newsletter and industry updates
- Special offers and announcements
You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email or contacting us directly.
Compliance
Our communications comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable regulations. We will not share your contact information with third parties for their marketing purposes without your consent.
16. Data Collection and Privacy
In connection with our marketing and communication services, we may collect and use the following information:
- Contact information (name, email, phone number)
- Communication preferences
- Engagement data (email opens, clicks, message responses)
- Device and usage information
This information is used to provide, improve, and personalize our services and communications. For more detailed information about our data practices, please review our Privacy Policy.
17. Contact Information
For questions about these Terms of Service, please contact us at:
Alder Creek Digital
Email: info@aldercreekdigital.com
Phone: (412) 556-7766