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Terms & Conditions

Last Updated: December 23, 2024

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Welcome to Birchard Marketing ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, www.birchardmarketing.com ("Website"). By accessing or using our Website, you affirm that you are of legal age to do so in accordance with applicable laws and agree to comply with these Terms. If you do not agree, please refrain from using our Website.

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1. Services Offered

Birchard Marketing provides the following services:

  • Search Engine Optimization (SEO)

  • Pay-Per-Click (PPC) Advertising

  • Social Media Management

  • Content Marketing

  • Website Development and Optimization

Specific details regarding these services will be outlined in individual agreements or proposals.

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2. Use of the Website

  • Eligibility: By using this Website, you affirm that you are legally permitted to do so under the laws of your jurisdiction.

  • Accuracy of Information: You agree to provide accurate and complete information when interacting with our Website.

  • Prohibited Conduct: You are prohibited from using the Website for any unlawful activities, to harm its functionality, or to infringe on the rights, privacy, or property of others.

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3. Payment Terms

Payment terms will be settled prior to the commencement of any services and will be detailed in the service booking or agreement that you elect. Failure to meet agreed payment schedules may result in suspension or termination of services.

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4. Refund Policy

Birchard Marketing guarantees agreed-upon results as outlined in the service agreement. If agreed-upon results are not met due to reasons within our control, any deposits paid will be refunded. Refunds will not be issued if failures result from client actions or omissions, such as failure to maintain communication or maintain ad-credit balances, or any other action or omission by the client resulting in failure to meet agreed-upon results.

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Based on present resources, business structure, business requirements, goals of the client, and services provided; methods for tracking performance metrics or a pre-determined interpretation of metrics without tracking will be required to be in place prior to commencement of services should any client wish to protect their right to claim a refund under any guarantees provided. 

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Should you elect not to allow tracking or access to necessary metrics for measuring performance, or should they not be available and you elect not to agree upon a standard dataset or benchmark by which to measure performance prior to the commencement of services (ie, before launching a paid ad campaign), you are thereby waiving any right to refund's for "failure to perform". 

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5. Confidentiality

We take your privacy seriously. Birchard Marketing will never disclose any personal or confidential information you provide to anyone unless required by law. This includes:

  • Personal or business-related information shared during consultations or service engagements.

  • Sensitive details about your business practices or strategies.

We may collect and use personal information provided by you to maintain our Website and deliver services effectively. This may include data necessary for account management, communication, and fulfilling service obligations. All data collection and usage will comply with applicable privacy laws.

Similarly, you agree to maintain the confidentiality of any proprietary information shared by Birchard Marketing, including business methodologies, strategies, or tools. This confidentiality clause remains binding even after the termination of the agreement.

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6. Intellectual Property

All content on this Website, including text, graphics, logos, and software, is the intellectual property of Birchard Marketing and is protected by copyright laws. Unauthorized reproduction, distribution, or derivative works are strictly prohibited. Except where images on the site are produced or obtained from free-to-use sources such as "stock photos" or templates. Birchard Marketing has no intellectual rights to such content and is grateful to the creators who provide them. 

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7. Limitation of Liability

Birchard Marketing is not liable for any direct, indirect, incidental, or consequential damages arising from the use of our website or services. While we strive for excellence, specific outcomes depend on factors outside our control, and we do not guarantee specific results unless expressly stated in service agreements.

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8. Indemnification

You agree to indemnify and hold harmless Birchard Marketing, its employees, and affiliates from any claims, damages, or liabilities arising from your use of our services or Website or any breach of these Terms.

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9. Termination

We reserve the right to terminate your access to our Website and services at any time, without notice, for violations of these Terms or other conduct deemed harmful to Birchard Marketing.

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10. Governing Law

These Terms are governed by the laws of the State of Oregon, United States. Any disputes will be resolved in the courts located in Oregon, specifically Deschutes County, if applicable.

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11. Changes to Terms

Birchard Marketing reserves the right to update these Terms at any time. Changes will be effective upon posting to our Website. Continued use of the Website after changes constitutes acceptance of the updated Terms.

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12. Contact Information

For questions or concerns about these Terms, please contact us:

Birchard Marketing
946 SW Veterans Way, #102-419
Redmond, OR 97756
Email: mathew.birchard@birchardmarketing.com
Phone: 541-280-4730

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