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Terms & Conditions

Otterly Brilliant Marketing – Last Updated: February 2025

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Services
Otterly Brilliant Marketing ("we," "us," "our") provides branding, messaging, website development, content creation, social media strategy, product marketing, AI communications, and marketing consulting services. The scope of work, deliverables, and timelines will be agreed upon before the start of any project.


Payments & Fees

  • Payment terms will be outlined in the project agreement or invoice.

  • For recurring services, payments are due on a monthly basis unless otherwise specified.

  • Late payments may result in a pause in services until the outstanding balance is cleared. Reminders and notifications will be sent before pausing services. 

  • Additional work requested outside of the agreed scope may be subject to additional fees.

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Client Responsibilities

  • Clients agree to provide necessary information, feedback, and approvals in a timely manner to ensure smooth project completion.

  • Delays caused by the client may result in adjusted timelines or additional fees.

  • Clients are responsible for ensuring all provided content, images, and materials comply with copyright laws.

 

Revisions & Approvals

  • Each project includes a specified number of revisions as outlined in the agreement. Additional revisions may be subject to extra fees.

  • Once final approval is given, further changes may incur additional costs.

 

Confidentiality

  • Both parties agree to keep confidential any proprietary or sensitive business information shared during the engagement.

  • We may showcase completed work in our portfolio unless otherwise agreed upon in writing.

  • Client data and marketing insights will be handled securely and not shared with third parties without consent.

 

Intellectual Property Rights

  • Upon full payment, clients will own the final deliverables unless otherwise specified in the agreement.

  • We retain the right to use general knowledge, processes, and templates developed during the engagement.

  • Any third-party assets (e.g., stock images, fonts) will be subject to their respective licensing agreements.

 

Cancellations & Refunds

  • Either party may cancel a project with written notice. Refunds, if applicable, will be determined based on the work completed up to the cancellation date.

  • Retainer or monthly services require a 30-day notice for cancellation.

  • No refunds will be issued for completed work or digital products.

 

Performance & Metrics Disclaimer

  • While we use best practices to optimize results, we cannot guarantee specific outcomes such as increased sales, engagement, or rankings.

  • Success depends on various factors, including market conditions, competition, and client implementation.

 

Subcontractors & Third-Party Tools

  • We may collaborate with subcontractors or use third-party tools to enhance service delivery.

  • Clients will be informed of any external tools or subscriptions that may incur additional costs.

 

Indemnification

  • Clients agree to indemnify and hold Otterly Brilliant Marketing harmless from any claims, damages, or legal issues arising from the use of content, images, or materials provided by the client.

 

Force Majeure

  • We are not responsible for delays or failures in performance due to circumstances beyond our control, including natural disasters, pandemics, cyberattacks, or service interruptions.

 

Governing Law
These terms are governed by the laws of California (United States). Any disputes will be resolved through mediation or arbitration before legal action is considered.

 

Contact
For any questions regarding these Terms & Conditions, please contact us at hello@otterlybrilliantmarketing.com.
By engaging with Otterly Brilliant Marketing, you acknowledge and agree to these Terms & Conditions.

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