Welcome to Duck and Shark Creatives! These terms of service ("Terms") govern your use of our web development and digital marketing services ("Services"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Services

1.1 Scope of Services: Duck and Shark Creatives provides web development and digital marketing services as described in our service agreements with clients. Services may include website design, development, SEO, content creation, social media management, and other digital marketing strategies.

1.2 Service Delivery: We will use commercially reasonable efforts to deliver the Services in accordance with agreed timelines and specifications. However, all timelines are estimates and not guarantees.

2. Client Responsibilities

2.1 Cooperation: Clients agree to provide all necessary information, resources, and support to enable us to perform the Services.

2.2 Approvals and Feedback: Clients agree to timely review and approve deliverables and provide feedback as needed.

2.3 Payment: Clients agree to pay for the Services as specified in the service agreement. Payments are due as stated in the invoices provided by Duck and Shark Creatives.

3. Intellectual Property

3.1 Client Content: Clients retain all rights to the content and materials they provide to Duck and Shark Creatives.

3.2 Agency Content: Duck and Shark Creatives retains all rights to the methodologies, processes, and tools used in providing the Services. Clients receive a license to use any deliverables created by Duck and Shark Creatives for the intended purpose.

4. Confidentiality

4.1 Confidential Information: Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the Services.

4.2 Non-Disclosure: Neither party will disclose the other party's confidential information to any third party without prior written consent, except as required by law.

5. Limitation of Liability

5.1 No Warranty: Duck and Shark Creatives provides the Services "as is" without any warranties, express or implied.

5.2 Liability Cap: Our liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount paid by the client for the Services in the six months preceding the claim.

6. Termination

6.1 Termination for Convenience: Either party may terminate the service agreement with 30 days' written notice.

6.2 Termination for Cause: Either party may terminate the service agreement immediately if the other party breaches any material term of these Terms and fails to cure the breach within 10 days of notice.

7. Miscellaneous

7.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the state of New Jersey.

7.2 Entire Agreement: These Terms, along with the service agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

7.3 Amendments: Any amendments to these Terms must be in writing and signed by both parties.

Consent Terms of Agreement for Call, SMS, and Email

Duck and Shark Creatives Consent Terms

By agreeing to receive communications from Duck and Shark Creatives, you consent to the following terms regarding phone calls, SMS messages, and emails:

1. Communication Consent

1.1 Methods of Contact: You consent to receive communications from Duck and Shark Creatives via phone calls, SMS messages, and emails for the purposes of service updates, marketing, and follow-ups.

1.2 Frequency: You agree that Duck and Shark Creatives may contact you periodically to provide updates, offers, and follow-ups related to our Services.

2. Opt-Out

2.1 Right to Opt-Out: You have the right to opt-out of receiving communications from Duck and Shark Creatives at any time.

2.2 Opt-Out Procedure: To opt-out, you can follow the instructions provided in our communications or contact us directly at hello@duckandshark.com.

3. Data Protection

3.1 Privacy: We respect your privacy and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, and protect your information.

3.2 Data Usage: We will only use your contact information for the purposes you have consented to and in accordance with our Privacy Policy.

4. Consent Confirmation

By providing your contact information and agreeing to receive communications, you confirm that:

4.1 Voluntary Consent: You voluntarily consent to receive communications from Duck and Shark Creatives.

4.2 Accuracy of Information: The contact information you have provided is accurate and up-to-date.

5. Changes to Consent Terms

5.1 Amendments: We may update these Consent Terms from time to time. Any changes will be communicated to you, and your continued consent will be required to receive further communications.

5.2 Notification of Changes: We will notify you of any significant changes to these terms via email or other communication methods.

By engaging with Duck and Shark Creatives and providing your contact information, you acknowledge that you have read, understood, and agreed to these Terms of Service and Consent Terms.

For any questions or concerns, please contact us at hello@DuckandShark.com

Thank you for choosing Duck and Shark Creatives!