Terms of Service

These terms and your project agreement

These Terms of Service govern use of dem.marketing and marketing services purchased from DEM Marketing (“DEM,” “we,” “us,” or “our”). You must be at least 18 and authorized to act for any campaign, organization, or business you represent.

A proposal, statement of work, order, or other written agreement accepted by both parties defines the project’s deliverables, fees, schedule, and responsibilities. If it conflicts with these terms, that agreement controls for the specific service. No paid engagement begins solely because you submit an inquiry.

Services and responsibilities

We provide the marketing work described in the agreed scope, which may include websites, design, content, or advertising support. Your leadership retains campaign direction, factual review, and final approvals. We do not promise campaign-management services unless separately agreed in writing.

You must supply timely, accurate materials, necessary permissions, account access, and approvals. Deadlines depend on that cooperation and any third-party requirements. Additional work or revisions beyond the scope require agreement on any added cost and timing.

Fees and payment

Fees, deposits, billing dates, advertising budgets, and applicable taxes are stated in the project agreement or invoice. Payment is due as agreed. We may pause work for overdue amounts after reasonable notice, subject to applicable law and the agreement.

Advertising spend, domain registrations, hosting, software, licenses, and other third-party costs are separate unless expressly included. You authorize only the charges and recurring payments disclosed and accepted in the applicable agreement.

No refunds

This applies to deposits, project fees, retainers, service fees, and committed third-party costs. Cancellation, a change of plans, an unused portion of a billing period, or dissatisfaction with outcomes does not by itself create a refund entitlement.

Any revisions or remedies included in the project scope remain available on the agreed terms. No separate satisfaction or money-back guarantee is offered through these terms. Nothing here removes nonwaivable rights or remedies, or the right to dispute an unauthorized or incorrect charge.

Cancellation and recurring services

Any minimum term, recurring billing, renewal period, and cancellation notice must be disclosed in the applicable agreement. We do not impose an automatic-renewal term through this page alone. Any renewal will follow applicable disclosure, consent, notice, and cancellation requirements.

Send cancellation requests to [email protected], or use a cancellation method specified in your agreement. Cancellation does not erase charges already due or third-party commitments you authorized. Future charges and any transition support are governed by the agreement and applicable law.

Your materials and approvals

You keep ownership of materials you supply and give us permission to use them as needed to perform the agreed services. You are responsible for their accuracy and for obtaining necessary copyright, trademark, privacy, publicity, and other permissions.

You must review and approve content before publication, including claims, candidate information, disclaimers, sponsor identification, and required disclosures. Each party remains responsible for its own legal obligations. Our services do not replace advice from your attorney or compliance adviser.

Deliverables and intellectual property

Ownership and license rights in final custom deliverables are set out in the project agreement and are subject to full payment. Our preexisting tools, reusable templates, methods, code, and know-how remain ours or our licensors’ unless otherwise agreed.

Third-party photographs, fonts, software, and other licensed materials remain subject to their license terms, including any required credits. Drafts, unused concepts, and source or working files are included only where the agreement says so. We will not treat these terms as permission to publish your confidential information or claim your endorsement.

Acceptable use and confidentiality

You may not use our website, forms, or services for spam, unsolicited solicitation, unlawful telemarketing, fraud, harassment, infringement, or unauthorized access. Do not send malicious files or interfere with our systems or services.

Each party will take reasonable care with the other’s confidential information and use it only for the relationship, as authorized, or as required by law. This does not cover information already lawfully known, independently developed, publicly available without breach, or lawfully obtained without a confidentiality duty.

Our handling of personal information is described in the Privacy Policy. Contact consent does not by itself subscribe you to promotional SMS.

Third parties and results

Platforms, hosting providers, advertising networks, and other third-party services operate under their own rules. Their approvals, availability, algorithms, pricing, and policy decisions can affect the work. We do not control them.

We do not guarantee election outcomes, advertising approval, search rankings, traffic, inquiries, donations, revenue, or other performance results. Our obligations to deliver the agreed work remain governed by your project agreement.

To the extent permitted by law, general website information and third-party features are provided as available, without promises of uninterrupted or error-free operation. This does not exclude express obligations in a written agreement or warranties that cannot legally be excluded.

Liability and third-party claims

To the extent permitted by law, neither party is responsible for indirect or consequential losses arising from the services. DEM’s total liability for a claim concerning a service will not exceed the fees paid to DEM for that service in the three months before the event giving rise to the claim, unless the project agreement provides otherwise.

These limits do not apply to fraud, willful misconduct, gross negligence, or any liability that cannot lawfully be limited. They do not eliminate payment obligations or nonwaivable statutory remedies.

You are responsible, to the extent caused by your unlawful instructions, unauthorized materials, or material breach, for resulting third-party claims and reasonable defense costs. This does not cover claims caused by DEM’s own wrongdoing. We will notify you promptly of a claim and cooperate in a reasonable defense; no settlement may impose obligations on another party without its consent.

Suspension and termination

We may suspend or end services for material nonpayment, unlawful use, serious security risk, or a material breach. Where practical and legally appropriate, we will give notice and an opportunity to resolve the issue. A party’s rights on termination remain subject to the project agreement and applicable law.

Terms concerning outstanding payment, confidentiality, intellectual property, liability, and disputes continue as needed after the engagement ends.

New York law and disputes

These terms are governed by the laws of the State of New York, except where applicable law requires otherwise. Subject to rights and venue rules that cannot be waived, disputes may be brought in state or federal courts of competent jurisdiction in New York, and the parties consent to jurisdiction there.

Please first send a written description of the concern to [email protected] so we can try to resolve it. This does not prevent urgent relief, a timely filing, a complaint to a government agency, or any remedy protected by law. These terms do not require arbitration or waive class-action rights.

Changes and general provisions

We may update these terms prospectively and post a revised date. Updates do not retroactively change an accepted project agreement, charges, or rights already accrued. Material changes to an existing engagement require any notice or agreement required by the contract and applicable law.

If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. A failure to enforce a term is not a waiver. The parties are independent contractors. Nothing in these terms overrides mandatory law.

Contact

DEM Marketing
Hudson Valley, New York
[email protected]

Use this email for billing questions, cancellation requests, and notices under these terms. Keep a copy of your project agreement and invoices.