Marketing Agency Service Agreement and Terms These terms govern all agreements between clients and New Designs Marketing Agency. By engaging our services, you acknowledge and accept these conditions in full. Our team commits to delivering marketing solutions that align with your business objectives while maintaining the highest professional standards. We'll work diligently to meet agreed-upon deadlines and deliver quality results. All creative materials, strategies, and intellectual property developed during our collaboration remain under New Designs' ownership until final payment is received. Upon completion of payment, specified deliverables transfer to the client's ownership. Clients must provide accurate information and timely feedback to ensure project success. Delays in client response may impact project timelines and deliverables. Payment terms require a 50% deposit before work begins, with remaining balance due upon project completion. We accept bank transfers and major credit cards. Project cancellations must be submitted in writing. Fees apply based on work completed at time of cancellation. We reserve the right to showcase completed work in our portfolio unless explicitly restricted by separate agreement. These terms may be updated periodically. Clients will be notified of significant changes affecting ongoing projects.

This Agreement establishes a legally binding contract between you and our company concerning your usage of the Website and all associated services, functionalities, materials and promotional offerings available through the Website. These Terms incorporate a required arbitration provision and prohibition on class actions.

The Marketing Agency "New Designs" maintains exclusive authority to modify, at its own judgment, any aspect of the Website, including these Terms, operational policies, usage conditions, and individual access privileges, or to discontinue the Website entirely without prior notification. Users are advised to regularly review these Terms to stay informed of any modifications or updates. By continuing to access or utilize our Website, you implicitly acknowledge and accept any such changes.

Permission to Use

This Website is operated by New Designs Marketing Agency, and these Terms grant you (referred to as "you" or "user") a personal, revocable, restricted, non-exclusive, royalty-free, non-assignable license to access and use this Website subject to your ongoing adherence to these Terms.

Usage Limitations

The above permission is restricted. Therefore, you are not permitted to: (1) engage in any use, duplication, storage, replication, transmission, dissemination, exhibition, rental, leasing, sale, modification, alteration, licensing, sublicensing, or commercial exploitation of the Website (or any portion thereof) in any way not explicitly authorized by these Terms; (2) perform reverse engineering, decompilation, disassembly, translation, or create derivative works based on the Website (or any portion thereof); (3) obtain access to, create links to, or utilize any source code from the Website (or any portion thereof); or (4) delete or remove any proprietary or intellectual property notices contained within or displayed on the Website (or any portion thereof). Furthermore, you accept and understand that exceeding the limitations of this license constitutes a substantial violation of this Agreement and will trigger the termination provisions outlined herein.

Limitations on Material Usage All materials are restricted solely to personal use. No content may be reproduced, distributed, displayed, published, shared, or transmitted in any form without prior written consent. This applies to both commercial and non-commercial purposes. Copying, modifying, or creating derivative works is strictly prohibited unless explicitly authorized. Users must not remove, alter, or obscure any copyright notices, trademarks, or other proprietary markings. The unauthorized use of these materials may result in legal action. Requests for permission to use any content should be submitted in writing, detailing the intended purpose and scope of use.

A restricted license to access and utilize the Website is granted under these Terms. You specifically acknowledge and agree that New Designs Marketing Agency does not transfer any ownership rights, intellectual property interests, or title to the Website to you or any other party. The Website's content, including but not limited to graphics, images, HTML code, multimedia elements, Java code, logos, button icons, banners, and software, is protected by copyright and belongs to New Designs Marketing Agency, its affiliated entities, and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Website are the exclusive property of New Designs Marketing Agency, its affiliates, and/or third-party licensors. Any unauthorized use of Website materials will constitute an infringement of intellectual property rights. All rights not specifically granted in these Terms of Use remain the property of New Designs Marketing Agency, its affiliated companies, and/or third-party licensors, depending on the specific material's ownership.

Any content on this Website cannot be altered, interpreted, reverse-engineered, broken down, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, duplicated, reproduced, republished, uploaded, posted, transmitted, or distributed through any means. The content presented on this Website should not be interpreted as providing any authorization or permission to use any trademark, logo, trade name, or design shown on this Website without obtaining written consent from New Designs Marketing Agency or the trademark's respective owner.

Any utilization of such content on other websites or computing platforms is strictly forbidden. Additionally, you are not permitted to employ automated systems to enter, obtain, duplicate, or track any part of this Website, seek unauthorized entry, scan or assess security weaknesses, perform reverse searches of user data, place excessive strain on our systems, disrupt normal Website operations, manipulate header information or identifiers, collect contact details, or engage with this Website in any way that violates the law.

The Marketing Agency "New Designs" makes no warranties or guarantees that files or data available for download will be free from malicious software, including but not limited to viruses, worms, Trojans, or other harmful programming code that could potentially damage or compromise your system. By downloading such content, you accept full responsibility and financial liability for any necessary maintenance, repairs, or remediation that may be required as a result.

Acquisition of Services

Through the New Designs Marketing Agency Website, you might have the chance to acquire services directly or via third-party websites that are connected to our platform. Furthermore, certain services you buy from the New Designs Marketing Agency Website could be handled by external providers, including social media analysis tools or platforms for creating content. New Designs Marketing Agency does not directly provide these products and services. Any purchases made through or delivered by third-party websites must comply with their specific terms and conditions, and their respective websites. New Designs Marketing Agency bears no responsibility or liability for these external purchases.

Written Communication by Phone Short digital messages sent between mobile devices have become a dominant form of modern communication. People exchange brief snippets of text throughout their day, conveying thoughts, making plans, and sharing updates with friends, family, and colleagues. These instant messages often include abbreviations, emojis, and informal language, creating a unique digital dialect. The convenience of texting has transformed how we interact, allowing for quick conversations without the need for phone calls or face-to-face meetings. Whether for personal connections or professional coordination, text messaging has revolutionized the way we stay in touch with one another in our fast-paced world.

New Designs Marketing Agency provides SMS services for both Marketing purposes and Client Communications, which operate as distinct programs. When you opt into any text messaging service offered by New Designs Marketing Agency, you're giving permission to receive ongoing automated promotional and personalized marketing text messages (SMS and MMS), including campaign notifications, along with service updates, transaction details, account information, promotional content, and commercial announcements from New Designs Marketing Agency at the mobile number you've provided. This consent applies even if your mobile number is listed on any state or federal Do Not Call registry.

You confirm that the mobile number you've provided is correct and valid, and that you have the authority to register this number for text message communications. You understand and consent that these messages may be delivered through automated systems, including automatic telephone dialers. The frequency of messages will not be constant. Your mobile carrier may charge standard messaging and data fees. Your consent to receive these text messages is optional and not required to use our services or make purchases. We recommend reviewing your mobile plan and consulting your carrier for specific details about charges. You assume full responsibility for all costs associated with these text messages, including any fees charged by your mobile service provider.

Our agency retains the authority to modify the messaging short code or telephone number used for communications, and we will inform you of any such changes. Some mobile phones or devices might not be compatible, and message delivery cannot be guaranteed in all regions. Neither our marketing agency, our vendors, nor the participating mobile carriers will be held responsible for any messages that are delayed or fail to reach their destination.

Opt Out of Promotional Text and Multimedia Messages

You can unsubscribe from receiving text messages from the New Designs Marketing Agency Marketing program at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from New Designs Marketing Agency directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from New Designs Marketing Agency. You may receive one final text message from New Designs Marketing Agency confirming your request. For help, reply HELP to any text message you receive from New Designs Marketing Agency or contact us at +12137659084 .

Opt out of Customer SMS and MMS Message Notifications

You can unsubscribe from receiving text messages from New Designs Marketing Agency Client Communications at any time. Please note that unsubscribing from commercial text messages will not prevent you from receiving texts from Client Communications directly relating to your use of the service, such as appointment reminders, or account or security information that is necessary to provide the requested service to you. To unsubscribe from text messages at any time, reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Client Communications. You may receive one final text message from Client Communications confirming your request. For help, reply HELP to any text message you receive from Client Communications or contact us at +12137659084 .

Sales and Promotional Content

The content, materials, and offerings presented on this Website and distributed by New Designs Marketing Agency have not undergone evaluation by regulatory bodies. The marketing strategies and services accessible through the Website have neither received approval nor endorsement from any regulatory authority. No service featured on the Website guarantees particular outcomes. All information provided through this website, including communications via email or text from New Designs Marketing Agency, serves educational purposes exclusively and should not replace expert marketing or commercial guidance. Prior to making any business-related decisions based on this information, consultation with a qualified marketing expert is strongly recommended.

Although our social media experts provide guidance based on their expertise and practical experience, their suggestions and counsel should not be considered a substitute for your marketing advisor's recommendations. We encourage you to consult with a qualified marketing professional to determine how any recommendations may specifically apply to your business circumstances.

Change

Our agency, New Designs Marketing, maintains the authority to alter or suspend, either temporarily or indefinitely, its Website in its entirety, including any Website elements, products, services, pricing structures, or content accessible through the Website, with or without prior notification. By using our Website, you acknowledge that New Designs Marketing Agency bears no responsibility to you or other parties for any changes to or termination of such Website elements, products, services, pricing, content, or the Website as a whole.

Provision of Data and/or Content

You acknowledge and confirm that all information and materials you submit on this Website will be truthful, precise, up-to-date, and complete at all times, including but not limited to information provided through Website registration or submission forms. New Designs Marketing Agency maintains the right to immediately suspend or terminate your Website access and usage if you submit any information that is false, incorrect, dishonest, or incomplete. Furthermore, you commit that your submissions and transmissions to this Website will not breach any applicable laws or regulations, nor will they infringe upon or violate any rights of individuals or organizations.

When you share communications, success stories, testimonials, feedback, and/or photos (together referred to as "Submissions") on our Website, including through chat rooms, message boards, discussion forums, contests, or sweepstakes, you acknowledge that these Submissions are not private and you agree that we cannot be held responsible for how we or others may use or share them. By submitting any such content, you automatically provide New Designs Marketing Agency with a permanent, worldwide, non-exclusive license that requires no payment and cannot be revoked. This license allows us to use, copy, modify, create derivative works, publish, distribute, edit, translate, perform, and display your Submission (including any photos or likenesses of you) across all current and future forms of media. You also surrender any moral rights associated with these Submissions.

Data Protection Statement

Certain registration data and other information about you is subject to our Privacy Notice . Please review the full Privacy Notice for details on how we collect, use, and protect your personal information.

Links

The website of New Designs Marketing Agency contains connections to external third-party websites and resources. These external links are provided solely for your convenience and are not managed by us. By using our website, you understand and accept that New Designs Marketing Agency bears no responsibility for the accessibility of these external sites or resources. We neither support nor promote any such websites, their usage, or content, and we are not accountable for any materials, advertisements, products, or other content found on these external platforms. You accept that New Designs Marketing Agency cannot be held responsible, whether directly or indirectly, for any damages or losses that may arise from, or are claimed to result from, your use of or dependence on any content, products, or services accessed through these external websites or resources.

Indemnity

You accept responsibility to defend and protect New Designs Marketing Agency, our affiliated organizations, and all respective directors, officers, staff members, representatives, partners, external content providers, licensors, contractors, and other parties involved in delivering products, services or content through the Website (collectively referred to as "Protected Parties") from any claims, losses or damages resulting from, related to, or arising from your unauthorized Website usage or violation of these Terms. You acknowledge that the Protected Parties shall bear no responsibility for such violations or unauthorized use, and you commit to compensate and shield the Protected Parties from any consequential losses, damages, verdicts, awards, costs, legal fees, and litigation expenses they may incur in connection with such matters.

Applicable Laws and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising from or relating to this Agreement shall be subject exclusively to the jurisdiction of the courts located in San Francisco County, California.

This Agreement and all matters relating to its execution shall be subject to and interpreted under the laws of California, United States of America, regardless of any conflicts of law principles in this or any other jurisdiction. In the event that the arbitration clause specified below is deemed invalid or unenforceable, you agree to submit exclusively to the jurisdiction of state and federal courts within Los Angeles County, California, United States of America, for the resolution of any disputes or issues arising from your Website usage and this Agreement.

Any legal claim or cause of action connected to your access or use of the Website must be filed within two (2) years from the date when such claim or action originated or became valid, as permitted by applicable law. Furthermore, you understand and consent that this Agreement expressly excludes and disclaims any state-specific implementation of the Uniform Computer Information Transactions Act, including all associated remedies and laws.

Alternative Dispute Resolution and Group Litigation Exclusion

All disputes or claims stemming from or connected to Website usage that remain unresolved through informal channels or negotiations for a period of 120 days will be subject to binding arbitration, conducted under the American Arbitration Association's administration. The resulting arbitration award may be enforced by any court with proper jurisdiction. The arbitration proceedings will take place in LOS ANGELES COUNTY, CALIFORNIA, USA, with an option for telephonic participation at the claimant's discretion.

UPON YOUR COMMENCEMENT OF ARBITRATION AND WRITTEN NOTIFICATION TO STAR PROMOTION AGENCY, INCLUDING SUBMISSION OF ARBITRATION PROCEEDING DOCUMENTATION, THE COMPANY WILL SWIFTLY REFUND ANY STANDARD FILING FEES YOU MAY HAVE BEEN REQUIRED TO PAY.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and may be conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org , or by calling AAA at (800) 788-7879.

You acknowledge that all disputes will be arbitrated solely on an individual basis and will not be combined with, or joined into, a class action, representative proceeding, or any other arbitration(s) involving claims or disputes from other parties. Should this arbitration provision be deemed unenforceable or inapplicable for any reason, both parties mutually agree, to the fullest extent permitted by law, to forfeit any right to pursue claims through class action litigation.

Limits of Legal Responsibility and Waiver Our legal responsibility and financial liability, whether arising from negligence, breach of contract, or any other cause of action, shall not exceed the amount you paid for our services. Under no circumstances will we be liable for any lost profits, lost revenue, lost savings, loss of data, or any form of indirect, special, incidental, consequential, or punitive damages. We make no guarantees or warranties about the accuracy, reliability, completeness, or timeliness of the content, products, and services offered. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any representations or warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

You explicitly acknowledge that accessing our Website is entirely at your own risk, and the Website is provided in its current state and when available, to the maximum extent allowed under applicable legislation.

New Designs Marketing Agency, together with its parent companies, associated entities (including their franchisees and licensees) and subsidiary organizations (collectively referred to as "Affiliates"), explicitly reject all forms of warranties, whether stated directly or suggested, including but not restricted to implied guarantees of marketability, suitability for specific uses, ownership rights, and freedom from infringement. New Designs Marketing Agency and its Affiliates provide no assurance, whether explicit or implicit, that the Website, or any services, products, or content accessed through or obtained from the Website will fulfill your needs or operate without disruption, delays, security issues, or mistakes.

Cancellation of Contract or User Profile

These Terms become effective when you first interact with the Website, whether by placing an order, completing registration, submitting information requests, downloading content, or accessing any part of the site. New Designs Marketing Agency maintains the right to restrict your access to the Website or any of its sections at any time and for any reason. Furthermore, New Designs Marketing Agency may immediately terminate any user's account if, at its sole discretion, it determines the user's behavior to be inappropriate or if the user violates any of these Terms.

Reporting Copyright Violations: Guidelines and Process If you believe your copyrighted work has been improperly used or displayed, you may submit a notification of claimed infringement. To file a claim, please provide written documentation including: - A physical or electronic signature of the copyright owner or authorized representative - Clear identification of the copyrighted material allegedly infringed - Location information where the disputed material appears - Your contact details (address, phone number, email) - A statement of your good faith belief that the use is unauthorized - A statement, under penalty of perjury, that your claim is accurate and you are authorized to act on behalf of the copyright owner Submit all claims through our designated copyright agent: [Insert agent details] Note: False claims may result in liability for damages. Consider fair use provisions before filing.

Should you find that your copyright-protected material appears on our Website in a manner that violates your intellectual property rights, please notify us of the suspected violations by following the procedure outlined below and contacting New Designs Marketing Agency's appointed Designated Agent. In accordance with Section 512(c)(2) of Title 17 of the United States Code, any claims regarding copyright infringement must be directed exclusively to our Designated Agent.

A Claim Notice for Infringement must contain these elements:

• A digital or handwritten signature from the copyright holder or their legally designated representative;
• A description or specification of the work (or works) protected by copyright that you assert has been violated or misused;
• A detailed explanation and specification of the content you believe violates copyright, along with information about where the legitimate or properly licensed version of the protected work can be found;
• A detailed explanation of the location of the unauthorized content on our Website, including the specific URL where applicable;
• Your personal details, such as your full name, mailing address, phone number, and email contact;
• A declaration asserting your sincere conviction that the contested usage has not been permitted by the copyright holder, their representative, or applicable laws;
• A declaration from you, submitted under oath and subject to perjury laws, confirming that all details provided in your notification are truthful and that you either own the copyright or have legitimate authority to represent the copyright holder.

Various

Not enforcing strict adherence to any of these Terms shall not constitute a waiver of subsequent defaults or performance failures. New Designs Marketing Agency's decision not to exercise any right under these Terms shall not be considered a waiver of other rights or provisions, nor shall it be deemed a waiver of that same right or provision at a later time. Should any portion of these Terms be found invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations stated above, the invalid or unenforceable provision shall be replaced with a valid, enforceable provision that best reflects the original provision's intent, and the remaining Terms shall remain in full force and effect.

These Terms, the New Designs Marketing Agency Privacy Notice , and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and New Designs Marketing Agency with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and New Designs Marketing Agency, with respect to this Website.

Get In Touch

If you have additional inquiries or issues regarding these legal terms or how this Website operates, or if you would like permission to reproduce any content found on this Website, please reach out to us at: