Terms and Conditions

01Acceptance of Terms

By accessing this Website, you confirm that you are at least 18 years of age and have the legal authority to enter into a binding agreement.

If you are using this Website on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

02Services

Smurk Media provides digital marketing and business growth services including, but not limited to:

• Website Design & Development
• Website Maintenance
• Search Engine Optimization (SEO)
• AI Search Optimization (AEO)
• Google Business Profile Management
• Google Ads Management
• Email Marketing
• Social Media Marketing
• Content Marketing
• Branding
• Marketing Strategy
• Hosting Coordination
• Website Security
• Consulting
• Digital Products
• Online Workshops
• Marketing Automation

The scope of each engagement is governed by the proposal, estimate, service agreement, subscription, or invoice accepted by the client.

03Quotes and Pricing

All pricing is subject to change until accepted by the client.

Quotes are generally valid for thirty (30) days unless otherwise stated.

Additional work outside the agreed scope may result in additional fees.

04Payments

Payment terms are outlined within each proposal or agreement. Unless otherwise agreed:

• Deposits are non-refundable once work has begun.
• Monthly services are billed in advance.
• Failure to make timely payment may result in suspension of services.
• Outstanding balances may incur late fees where permitted by law.

Smurk Media reserves the right to suspend or terminate services until payment has been received.

05Client Responsibilities

Clients agree to:

• Provide requested content, images, branding, and login credentials promptly.
• Review work in a timely manner.
• Supply accurate information.
• Maintain appropriate backups of their own business records.
• Obtain permission for any copyrighted material provided.

Project timelines may be extended if required materials are not received.

06Revisions

Projects include only the number of revisions specified within the proposal or contract.

Requests beyond the agreed scope or revision limit will be billed at Smurk Media's current hourly rate.

07Intellectual Property

Upon receipt of full payment, ownership of the final approved deliverables transfers to the client unless otherwise stated in writing.

Smurk Media retains ownership of:

• Proprietary templates
• Internal frameworks
• Methodologies
• Workflows
• Processes
• Source files not specifically included in the agreement
• Training materials
• Marketing systems

We reserve the right to display completed work in our portfolio, marketing materials, and social media unless otherwise agreed in writing.

08Client Content

Clients retain ownership of content they provide. By submitting content, you confirm that:

• You own the material, or
• You have permission to use it.

Smurk Media is not responsible for copyright infringement or legal disputes resulting from client-provided materials.

09Search Engine and Marketing Disclaimer

Smurk Media follows industry best practices; however, we cannot guarantee:

• Google rankings
• AI search rankings
• Search engine indexing
• Website traffic
• Lead generation
• Sales
• Advertising results
• Return on investment

Search engines, advertising platforms, and AI technologies continually update their algorithms and policies, which are beyond our control.

10Third-Party Platforms

Our services may utilize third-party providers including, but not limited to:

• Google
• Microsoft
• Meta
• WordPress
• Elementor
• Mailchimp
• Zapier
• Stripe
• PayPal
• Cloudflare
• Hosting companies
• Domain registrars

Smurk Media is not liable for interruptions, outages, account suspensions, policy changes, software updates, or pricing changes resulting from third-party providers.

11Website Maintenance

Website maintenance services are preventative and intended to reduce the likelihood of technical issues. Maintenance services do not guarantee protection against:

• Malware
• Hacking
• Data loss
• Plugin incompatibilities
• Hosting failures
• Software vulnerabilities
• Third-party service interruptions

Emergency work outside the maintenance agreement may incur additional fees.

12Hosting

If hosting services are provided or coordinated by Smurk Media, we will make reasonable efforts to maintain reliable service.

However, we do not guarantee uninterrupted hosting and are not responsible for outages caused by hosting providers, internet service providers, cyberattacks, maintenance windows, natural disasters, or other circumstances beyond our control.

13Digital Products

Digital products, templates, recordings, workshops, downloads, and online resources are licensed for individual use only. You may not:

• Share
• Copy
• Resell
• Redistribute
• Republish
• Modify for resale

without prior written permission from Smurk Media. Unless otherwise stated, all digital product purchases are non-refundable.

14Educational Content Disclaimer

Any educational material, workshop, coaching, consulting, or training provided by Smurk Media is intended for informational and educational purposes only.

Implementation and business results depend upon many factors outside our control.

No guarantees are made regarding financial performance or business growth.

15Limitation of Liability

To the fullest extent permitted by law, Smurk Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits
• Lost revenue
• Loss of business
• Data loss
• Business interruption
• Reputational harm

Our maximum liability arising from any claim shall not exceed the amount paid by the client for the specific services giving rise to the claim.

16Indemnification

You agree to indemnify, defend, and hold harmless Smurk Media, its owners, employees, contractors, affiliates, and partners from any claims, damages, liabilities, costs, or expenses arising from:

• Your use of this Website
• Client-provided content
• Your violation of these Terms
• Violation of any law
• Infringement of intellectual property rights

17Disclaimer

The Website and all services are provided on an "as is" and "as available" basis. While we strive for accuracy, Smurk Media makes no warranties, express or implied, regarding:

• Accuracy
• Completeness
• Reliability
• Availability
• Suitability

of the Website or its content. Use of this Website is entirely at your own risk.

18Privacy

Your use of this Website is also governed by our Privacy Policy.

19Third-Party Links

Our Website may contain links to third-party websites. These links are provided solely for convenience.

Smurk Media does not endorse and is not responsible for the content, security, availability, or privacy practices of any third-party website.

20Termination

Smurk Media reserves the right to suspend or terminate access to the Website or our services at any time for violations of these Terms or for any conduct that may expose our business or clients to legal, financial, or security risks.

21Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms, your use of this Website, or any services provided by Smurk Media shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of Florida.

22Changes to These Terms

Smurk Media reserves the right to modify these Terms and Conditions at any time.

Changes become effective immediately upon posting to this Website. Your continued use of the Website constitutes acceptance of any revised Terms.