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").
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
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
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:
Using the Service for illegal purposes
Violating intellectual property rights
Transmitting malware or viruses
Attempting unauthorized access
Harassing or harming others
Scraping or data mining
Interfering with service operation
Impersonating others
8. Disclaimers & Warranties
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:
- Negotiation: 30-day good faith negotiation period
- Mediation: Non-binding mediation if negotiation fails
- 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 StreetSan Francisco, CA 94105
United States
Email: legal@gatewayagency.com
Phone: +1 (415) 555-0100
Web: www.gatewayagency.com