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Terms & Conditions

Effective Date: October 5, 2025

Last Updated: October 5, 2025

Contents

  • Agreement to Terms
  • Our Services
  • Google Ads Compliance
  • User Responsibilities
  • Payment Terms
  • Intellectual Property
  • Prohibited Uses
  • Disclaimers
  • Limitation of Liability
  • Indemnification
  • Termination
  • Governing Law
  • Contact Information

1. Agreement to Terms

By accessing or using the website www.gatewayagency.com ("Service") operated by Gateway Creative Agency ("we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms").

Important: By using our Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

1.1 Acceptance of Terms

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1.2 Other Agreements

These Terms are in addition to any other agreements between you and Gateway Creative Agency, including any client agreements, project contracts, or service level agreements.

2. Our Services

2.1 Service Description

Gateway Creative Agency provides professional digital services including:

Web Development

  • Custom website design & development
  • E-commerce solutions
  • Content management systems
  • Web application development

Digital Marketing

  • Search engine optimization (SEO)
  • Pay-per-click advertising (PPC)
  • Social media marketing
  • Email marketing campaigns

Brand Strategy

  • Brand identity development
  • Logo design
  • Visual guidelines
  • Marketing collateral

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice to affected clients.

2.3 Service Availability

While we strive to provide reliable services, we do not guarantee uninterrupted or error-free operation of our services or website.

3. Google Ads & Advertising Compliance

Google Partner Compliance: As a Google Partner agency, we strictly adhere to Google Ads policies and guidelines.

3.1 Advertising Standards

All advertising services provided by Gateway Creative Agency comply with:

  • Google Ads policies and guidelines
  • Industry advertising standards
  • Applicable advertising laws and regulations
  • Platform-specific advertising policies

3.2 Prohibited Advertising Content

We do not create or promote advertisements containing:

  • Misleading or false claims
  • Prohibited products or services
  • Discriminatory content
  • Intellectual property violations
  • Malicious or harmful content

3.3 Client Responsibilities for Ads

Clients using our advertising services must:

  • Provide accurate business information
  • Ensure products/services comply with policies
  • Maintain valid licenses and permits
  • Honor advertised offers and pricing
  • Comply with landing page requirements

3.4 Performance Disclaimer

While we use industry best practices, we cannot guarantee specific advertising results, rankings, or ROI. Past performance does not guarantee future results.

4. User Responsibilities

4.1 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account
  • All activities that occur under your account
  • Notifying us immediately of unauthorized use
  • Ensuring account information is accurate and current

4.2 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates applicable laws or regulations
  • To transmit harmful, offensive, or illegal content
  • To infringe upon intellectual property rights
  • To attempt unauthorized access to our systems
  • To interfere with other users' use of the Service

4.3 Content Standards

Any content you provide must:

  • Be accurate and truthful
  • Not violate any third-party rights
  • Not contain viruses or malicious code
  • Comply with applicable laws

5. Payment Terms

5.1 Pricing

Pricing for our services is provided through:

  • Custom project quotes (valid for 30 days)
  • Service agreements
  • Published rates on our website

5.2 Payment Schedule

Project Phase Payment Due Amount
Project Start Upon contract signing 50% deposit
Design Approval Upon design sign-off 25% milestone
Project Completion Upon final delivery 25% final payment

5.3 Payment Methods

We accept:

  • Bank transfers (ACH/Wire)
  • Credit cards (Visa, MasterCard, Amex)
  • PayPal
  • Company checks (with approval)

5.4 Late Payments

Late payments are subject to:

  • 1.5% monthly interest or maximum legal rate
  • Suspension of services after 30 days
  • Collection costs and legal fees if applicable

5.5 Refund Policy

Refunds are evaluated case-by-case. Generally:

  • Deposits are non-refundable once work begins
  • Completed and approved work is non-refundable
  • Unused prepaid services may be partially refunded

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Gateway Creative Agency and its licensors.

6.2 Client Work Product

Ownership Transfer: Upon full payment, clients receive full ownership of custom work products as specified in their project agreement.

6.3 Portfolio Rights

We retain the right to:

  • Display completed work in our portfolio
  • Use project details in case studies
  • List client names as references
  • Enter work into design competitions

Clients may request confidentiality through written agreement.

6.4 Third-Party Materials

Some deliverables may include third-party materials subject to separate licenses (stock photos, fonts, plugins). Clients are responsible for ongoing licensing fees if applicable.

7. Prohibited Uses

You are expressly prohibited from:

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Using the Service for illegal purposes

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Violating intellectual property rights

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Transmitting malware or viruses

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Attempting unauthorized access

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Harassing or harming others

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Scraping or data mining

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Interfering with service operation

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Impersonating others

8. Disclaimers & Warranties

AS IS Service: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

8.1 No Warranties

We do not warrant that:

  • The Service will meet all your requirements
  • The Service will be uninterrupted or error-free
  • Results will meet specific expectations
  • All errors will be corrected

8.2 Professional Services Disclaimer

While we provide professional services, we are not:

  • Legal advisors (consult an attorney for legal matters)
  • Financial advisors (consult a CPA for tax matters)
  • Medical professionals (for healthcare marketing compliance)

8.3 Third-Party Services

We are not responsible for third-party services including:

  • Hosting provider outages
  • Third-party plugin failures
  • External API changes
  • Platform policy changes

9. Limitation of Liability

9.1 Limited Liability

To the maximum extent permitted by law, Gateway Creative Agency shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits or revenue
  • Loss of data or information
  • Business interruption

9.2 Maximum Liability

Our total liability for any claims arising from these Terms or our services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

9.3 Exceptions

Some jurisdictions don't allow limitation of certain damages. If these apply to you, some limitations above may not apply.

10. Indemnification

You agree to defend, indemnify, and hold harmless Gateway Creative Agency, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your use of our services
  • Content you provide to us
  • Your products or services

11. Termination

11.1 Termination by You

You may stop using our Service at any time. For active projects, termination terms are specified in your project agreement.

11.2 Termination by Us

We may terminate or suspend access immediately, without prior notice, for:

  • Violation of these Terms
  • Non-payment of fees
  • Illegal or harmful activities
  • Request by law enforcement

11.3 Effect of Termination

Upon termination:

  • Access to the Service ceases immediately
  • Outstanding payments become due
  • Licenses to use our materials terminate
  • Confidentiality obligations continue

12. Governing Law & Disputes

12.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law provisions.

12.2 Dispute Resolution

We prefer to resolve disputes informally. If that's not possible:

  1. Negotiation: 30-day good faith negotiation period
  2. Mediation: Non-binding mediation if negotiation fails
  3. Arbitration: Binding arbitration in San Francisco, CA

12.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to class action lawsuits or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Updating the "Last Updated" date
  • Email notification to registered users
  • Prominent website notice

Continued use after changes constitutes acceptance of new Terms.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Gateway Creative Agency regarding the Service.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Failure to enforce any right or provision doesn't constitute a waiver of that right or provision.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

15. Contact Information

Legal Department

Gateway Creative Agency

123 Market Street
San Francisco, CA 94105
United States

Email: legal@gatewayagency.com
Phone: +1 (415) 555-0100
Web: www.gatewayagency.com

Questions? If you have any questions about these Terms, please contact us before using our Service.

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