Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and PetalsIron regarding your use of our services. By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these terms.

Last Updated: January 18, 2025

1. Agreement to Terms

By accessing our website or engaging our services, you enter into a binding legal agreement with PetalsIron. This agreement includes:

  • These Terms and Conditions
  • Our Privacy Policy
  • Our Cookie Policy
  • Any service-specific agreements or statements of work

If you do not agree to these terms in their entirety, you must not use our website or services.

2. Scope of Services

PetalsIron provides professional marketing consulting and implementation services, including but not limited to:

Strategy and Consulting

Marketing strategy development, platform recommendations, and workflow optimization guidance.

Technical Implementation

Setup and configuration of marketing automation platforms, CRM systems, and integration services.

Training and Support

Team training, documentation, ongoing support, and optimization assistance.

Program Management

Lead nurturing program design, campaign management, and performance monitoring.

Specific deliverables, timelines, and responsibilities are outlined in individual service agreements or statements of work.

3. User Obligations and Conduct

Client Responsibilities

When engaging our services, you agree to:

  • Provide accurate, complete, and timely information as requested
  • Grant necessary access to systems, platforms, and data required for service delivery
  • Designate appropriate contacts and decision-makers for project collaboration
  • Review and provide feedback on deliverables within agreed timeframes
  • Maintain the confidentiality of any proprietary information shared by PetalsIron
  • Comply with the terms and policies of third-party platforms we implement or integrate

Compliance with Laws

You are responsible for ensuring that:

  • Your use of marketing systems complies with applicable laws and regulations
  • Email marketing and communications meet anti-spam requirements
  • Data collection and processing comply with privacy laws
  • Marketing content adheres to truth-in-advertising standards

Prohibited Uses

You may not use our services to:

  • Engage in deceptive, fraudulent, or illegal marketing practices
  • Violate the privacy rights or intellectual property rights of others
  • Distribute spam, malware, or harmful content
  • Circumvent security measures or access restrictions
  • Resell or redistribute our services without authorization

4. Payment Terms and Conditions

Service Fees

Service fees are outlined in individual agreements or proposals. Unless otherwise specified:

  • Fees are due according to the payment schedule in your service agreement
  • Recurring services are billed in advance on the agreed schedule
  • Project-based services may require deposits or milestone payments
  • All fees are in USD unless otherwise stated

Late Payment

Late payments may result in:

  • Suspension of services until payment is received
  • Late fees as permitted by law
  • Termination of the service agreement

Refunds and Cancellations

Refund and cancellation policies are specified in individual service agreements. Generally, work already completed is non-refundable. Advance notice is required for service cancellations.

5. Warranties and Disclaimers

Professional Standards

We warrant that our services will be performed with reasonable skill and care consistent with industry standards. We will make reasonable efforts to meet agreed-upon deadlines and deliverables.

Disclaimer of Warranties

Except as expressly stated in service agreements:

  • Services are provided on an "as is" and "as available" basis
  • We make no warranties regarding specific results or outcomes
  • We do not guarantee uninterrupted or error-free service delivery
  • We disclaim all implied warranties, including merchantability and fitness for a particular purpose

Third-Party Platforms

We are not responsible for the functionality, availability, or changes to third-party platforms and services that we may implement or integrate. You are responsible for maintaining licenses and compliance with third-party terms.

6. Limitation of Liability

Maximum Liability

To the fullest extent permitted by law, PetalsIron's total liability for any claims arising from or related to our services shall not exceed the total fees paid by you for the specific services that gave rise to the claim during the twelve months preceding the claim.

Exclusion of Consequential Damages

We shall not be liable for:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Indirect, incidental, special, or consequential damages
  • Punitive or exemplary damages

This limitation applies regardless of the legal theory of liability, including contract, tort, negligence, or strict liability.

Exceptions

These limitations do not apply to liability that cannot be excluded or limited by law, including fraud, gross negligence, or willful misconduct.

7. Indemnification

You agree to indemnify, defend, and hold harmless PetalsIron, its officers, employees, and contractors from any claims, damages, losses, or expenses arising from:

  • Your violation of these Terms and Conditions
  • Your misuse of our services or the marketing systems we implement
  • Your violation of applicable laws or regulations
  • Your infringement of third-party rights, including intellectual property rights
  • Content or data you provide or distribute through marketing systems

8. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, power failures, internet disruptions, or third-party service outages. During such events, our obligations will be suspended for the duration of the force majeure condition.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement. This obligation includes:

  • Not disclosing confidential information to third parties without consent
  • Using confidential information only for the purposes of the engagement
  • Taking reasonable measures to protect confidential information
  • Returning or destroying confidential information upon request

This obligation survives termination of the service relationship.

10. Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution

In the event of any dispute arising from these terms or our services:

  • The parties will first attempt to resolve the dispute through good faith negotiation
  • If negotiation fails, the parties may pursue mediation or arbitration as mutually agreed
  • Any legal proceedings shall be conducted in the appropriate courts with jurisdiction

Class Action Waiver

To the extent permitted by law, any disputes must be brought on an individual basis. You waive any right to participate in class actions or class-wide arbitration.

11. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

12. Entire Agreement

These Terms and Conditions, together with any service-specific agreements, constitute the entire agreement between you and PetalsIron regarding our services. They supersede all prior or contemporaneous communications and proposals, whether oral or written.

13. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting with an updated date. Your continued use of our services after changes are posted constitutes acceptance of the modified terms. For significant changes affecting active service agreements, we will provide reasonable notice.

14. Contact Information

If you have questions about these Terms and Conditions or need clarification on any provision, please contact us through our contact page.

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