Service Terms
1. Business Customers Only
These Service Terms apply when you engage de Coster Marketing LLC (“de Coster Marketing,” “we,” “us,” or “our”). Our services are intended for businesses and organizations only. We do not provide services to, or enter into contracts with, consumers. By engaging us, you confirm you are acting for business purposes.
2. Scope and Custom Quotes
We scope our services individually. Any pricing, packages, or descriptions on our website are for general information and do not constitute a binding offer. A working engagement begins only after a discovery conversation and a written proposal or agreement that we both accept.
3. The Individual Agreement Controls
The specific scope of work, fees, deliverables, timelines, revision process, and ownership terms for your project are set out in your individual written agreement (for example, a proposal, statement of work, or service agreement). These Service Terms are the general framework; where your individual agreement addresses a point, that agreement controls.
4. No Guaranteed Results
Marketing, design, and consulting outcomes depend on many factors outside our control — including your market, budget, competitors, and third-party platforms. We bring professional skill and care, but we do not guarantee specific results, such as particular search rankings, traffic, leads, sales, or revenue.
5. Your Responsibilities
To deliver good work, we rely on you to provide accurate information, the necessary materials and access, and timely feedback and approvals. Delays or incomplete information on your side may affect the timelines agreed in your individual agreement.
6. Intellectual Property and Portfolio
Ownership of and rights to the work we create are set out in your individual agreement. Pre-existing materials and third-party assets (for example, stock images, fonts, or platform tools) remain subject to their own licenses. We may reference or display work we create for you as part of our portfolio and marketing, subject to any confidentiality terms in your individual agreement.
7. Third-Party Materials and Platforms
Some work may use or rely on third-party materials, services, or platforms (for example, stock libraries, fonts, hosting, or social and advertising platforms). These are governed by the third party’s own terms and licenses, and we are not responsible for their availability or changes.
8. Fees and Payment
Fees are quoted individually for each engagement; we do not publish prices on the website. Payment terms are set out in your individual agreement.
9. Warranties and Disclaimers
We perform our services in a professional and workmanlike manner. Except as expressly stated in your individual agreement, our services and any materials are provided “as is,” and we disclaim all other warranties, express or implied, to the fullest extent permitted by law.
10. Limitation of Liability
To the fullest extent permitted by law, de Coster Marketing will not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability arising out of or relating to an engagement will not exceed the fees you paid us for that engagement, unless your individual agreement states otherwise. Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct.
11. Indemnification
You agree to indemnify and hold de Coster Marketing harmless from third-party claims, damages, and reasonable costs (including attorneys’ fees) arising out of: (a) materials, content, or instructions you provide to us; (b) your use of our work in a way not contemplated by your individual agreement; or (c) your breach of these Terms. In turn, we will indemnify you against third-party claims alleging that original work we create for you, used as delivered, infringes a US intellectual-property right — except to the extent a claim arises from your materials, your modifications, or your combination of the work with other materials. Specific indemnification procedures and limits may be set out in your individual agreement.
12. Confidentiality
Each of us may receive confidential information from the other. We each agree to use the other’s confidential information only to perform the engagement and to protect it with reasonable care.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to or independently developed by the receiving party, or must be disclosed by law or legal process — in which case we will give reasonable notice where the law permits. Any additional confidentiality terms in your individual agreement control.
13. Term and Termination
The duration of an engagement and the conditions for ending it are set out in your individual agreement. Each party’s right to terminate, and the effect of termination, follow that agreement.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Florida.
15. Precedence
If there is a conflict between these Service Terms and your individual written agreement, your individual agreement controls. Absent such an agreement, these Terms apply to any engagement.
16. Changes and Contact
We may update these Service Terms from time to time; the “Effective Date” above will be revised. For questions, contact de Coster Marketing LLC at hello@dc-marketing.io.