Terms & Conditions

1) Definitions

• "MCG" means Marketing Content Genius LLC.
• "Client" means the contracting organization.
• "Deliverables" means any creative, code, copy, strategy, campaigns, or assets produced under an accepted proposal, order form, or statement of work (collectively, a "Proposal").
• "Services" means the activities we perform to create or support Deliverables.

2) Scope & Proposals

• The Proposal describes scope, timelines, assumptions, and pricing. Conflicts between a Proposal and these Terms are governed by the Proposal.
• Retainers renew month-to-month after any initial term unless cancelled in writing per the Termination section.
• We use proven frameworks and pre-built components (design systems, code, templates) to accelerate outcomes; we customize them to your brand and goals.

3) Client Obligations

• Provide timely access to stakeholders, systems (e.g., CRM, analytics, ad accounts), assets, and approvals within 24–48 hours.
• Supply content (logos, brand files, copy) in suitable formats; we can produce or source content on request (separately billable).
• Attend booked meetings and fulfill any SLAs listed in your Proposal.

4) Fees, Billing & Taxes

• All fees are due in advance unless stated otherwise. Late amounts may pause work and accrue a reasonable late fee or interest permitted by law.
• Third-party costs (ads, software, media, printing, stock, tools, data, hosting) are billed to Client or reimbursed when paid by MCG.
• Prices exclude taxes; Client is responsible for applicable taxes except those based on MCG’s net income.

5) Changes & Out-of-Scope

We plan flexible iteration windows. New requests or material deviations are priced via change orders. Maintenance, security updates, bug fixes, or support outside an active support plan are billed separately.

6) Intellectual Property

• Upon full payment, MCG assigns to Client the final project-specific IP in the Deliverables (excluding MCG Tools, third-party materials, and pre-existing IP).
• MCG Tools: Our frameworks, processes, code libraries, templates, and know-how remain MCG property. We grant Client a non-exclusive, perpetual license to use any embedded MCG Tools as part of the Deliverables.
• Client warrants it owns or has rights to all materials it provides and will not infringe third-party rights.

7) Third-Party Platforms

Deliverables may rely on third-party systems (e.g., hosting, CMS, analytics, Google, Meta, email platforms). Their uptime, policies, algorithms, and pricing are outside our control. We will flag material issues and can advise remediation as a paid service.

8) Performance, SEO & Results

• We follow current best practices for performance and SEO. Rankings and platform results can fluctuate—especially after launches or algorithm changes.
• Client agrees to notify us before making site changes that could affect performance or tracking so we can advise on potential impact.

9) Guarantees (Our "Keep-Working" Commitment)

We stand behind key outcomes described in our solutions pages and Proposals. If a stated milestone isn’t met within the initial sprint window, MCG will continue working at no additional service fee until the milestone is achieved. This commitment is designed to de-risk progress and keep momentum.

This commitment is not a refund or damages remedy; it is a performance extension to reach the agreed milestone.

10) Confidentiality

Each party will protect the other’s Confidential Information and use it solely to perform obligations hereunder. These duties survive termination.

11) Data Protection

• Client is the data controller for its customer data. MCG acts as a service provider/processor where applicable.
• Each party will comply with applicable data-protection laws. A data-processing addendum (DPA) can be executed on request.

12) Non-Solicitation

During the engagement and for 12 months thereafter, neither party will knowingly solicit for employment the other’s personnel who directly worked on the engagement, except via general public recruitment.

13) Term & Termination

• Either party may terminate for material breach with 10 business days’ written notice if uncured.
• Month-to-month services may be cancelled with written notice prior to the next billing date. Prepaid fees are non-refundable unless required by law.
• Upon termination, Client pays for all work performed and approved third-party costs to date. MCG will deliver any in-progress materials that have been paid for.

14) Warranties & Liability

• MCG warrants Services will be performed in a professional, workmanlike manner. Except as stated, Services and Deliverables are provided “as is.”
• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
• In no event will MCG’s aggregate liability exceed the fees paid by Client to MCG in the three (3) months preceding the claim.

15) Indemnity

Each party will defend and indemnify the other against third-party claims to the extent arising from the indemnifying party’s breach of law or these Terms, or infringement by materials it supplied.

16) Force Majeure

No party is liable for delays or failure to perform due to events beyond reasonable control (e.g., outages, labor issues, governmental actions, disasters).

17) Governing Law

These Terms are governed by the laws of Wyoming, United States, without regard to conflicts-of-law principles. Venue and jurisdiction lie in the state or federal courts located within Wyoming.

18) Changes to These Terms

We may update these Terms from time to time. The version posted at marketingcontentgenius.com/termsandconditions supersedes prior versions. Material changes will be notified to active Clients.

19) Acceptance

By signing a Proposal, paying an invoice, or using the Services, Client accepts these Terms.