Effective Date: January 1, 2025
These Terms of Service (“Agreement”) govern the use of services provided by Stello Marketing, a Colorado corporation located at 727 Ash Street, Denver, CO 80220 (“Stello Marketing,” “we,” “us,” or “our”), to individuals or businesses (“Client,” “you,” or “your”). By accessing or using our services, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, please refrain from using our services.
SMS Communication Details
- Information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
- If consent has been given to receive text messages from Stello Marketing, messages may be received related to the following (provide specific examples):
– Product Teting Offers
– Responding to customer initiated support tickets - Message frequency may vary depending on the type of communication. For example, up to 3 product offers per month, but support responses are based on customer requests.
- Standard message and data rates may apply, depending on the carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
- Opt-in to receive SMS messages from Stello Marketing can only be done through the opt-in form on this site.
- Opting out of receiving SMS messages can be done at any time by replying “QUIT” to any SMS message received. Alternatively, direct contact can be made to request removal from the messaging list.
- For any issues, reply with the keyword HELP. Alternatively, help can be obtained directly from us at info@stellomark.com
1. Services Provided
Stello Marketing provides consumer marketing services, including but not limited to digital marketing, branding, social media management, content creation, advertising campaigns, market research, email marketing, SEO services, and related activities (“Services”). The specific Services to be provided will be outlined in a separate agreement or statement of work (“SOW”) between Stello Marketing and the Client.
2. Scope of Work
The details, objectives, deliverables, and timelines for each project will be defined in a separate SOW or contract. All additional services outside the scope of the initial agreement will require a new contract or amendment to this Agreement.
3. Fees and Payment
a. Payment Terms: The fees for Services provided by Stello Marketing will be outlined in the SOW or contract. Payment is due as per the agreed-upon terms in the SOW, which may include upfront fees, milestones, or payment upon completion of services.
b. Late Payment: Any payment not received within [number] days after the due date may be subject to a late fee of [percentage] of the total outstanding amount, or the maximum allowed by law, whichever is greater.
c. Expenses: The Client agrees to reimburse Stello Marketing for any pre-approved out-of-pocket expenses incurred while providing the Services, including but not limited to travel, advertising costs, or software tools.
4. Intellectual Property
a. Client’s Content: The Client retains ownership of all intellectual property, including but not limited to logos, trademarks, content, and data that are provided to Stello Marketing for the purposes of carrying out the Services. Stello Marketing does not claim ownership of any materials supplied by the Client.
b. Stello Marketing’s Deliverables: Upon full payment, the Client will be granted ownership of all deliverables created by Stello Marketing as part of the agreed-upon Services. This includes creative work, reports, advertisements, and other materials produced for the Client, unless otherwise specified in the SOW.
c. License to Use Content: The Client grants Stello Marketing a non-exclusive, non-transferable, royalty-free license to use their content and trademarks solely for the purpose of performing the Services and promoting Stello Marketing’s work.
5. Confidentiality
Both parties agree to keep all confidential information, including marketing strategies, business operations, and proprietary data, private and not disclose such information to any third party without prior written consent unless required by law. This confidentiality obligation survives the termination of this Agreement.
6. Term and Termination
a. Term: This Agreement will remain in effect until the completion of the Services, unless terminated earlier as provided below.
b. Termination by Client: The Client may terminate this Agreement at any time by providing written notice to Stello Marketing. If the Client terminates the Agreement prior to the completion of the Services, the Client agrees to pay for any work completed up to the point of termination.
c. Termination by Stello Marketing: Stello Marketing may terminate this Agreement immediately if the Client fails to make timely payments, breaches any of the terms in this Agreement, or engages in conduct that is harmful to Stello Marketing’s reputation or operations.
d. Effect of Termination: Upon termination, the Client will pay any outstanding fees, and Stello Marketing will deliver any work completed up to the date of termination. All rights to the work created by Stello Marketing up until that point will transfer to the Client once full payment is received.
7. Limitation of Liability
To the fullest extent permitted by law, Stello Marketing’s liability for any claim arising from the Services will not exceed the total amount paid by the Client for the Services giving rise to the claim. In no event will Stello Marketing be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or business interruption.
8. Indemnification
The Client agrees to indemnify, defend, and hold harmless Stello Marketing from any and all claims, losses, liabilities, damages, and expenses (including attorney’s fees) arising from the Client’s breach of this Agreement, violation of any applicable law, or infringement of third-party rights.
9. Governing Law and Dispute Resolution
This Agreement will be governed by the laws of the State of Colorado, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement will be resolved through mediation or arbitration in Denver, Colorado, and both parties agree to bear their own legal costs.
10. Changes to the Terms
Stello Marketing reserves the right to modify or update these Terms of Service at any time. Any changes will be posted on our website or communicated to the Client in writing.