These Terms of Service (“Terms”) govern the provision of marketing, development, and management services by VALOES Yachting Advisors (“we,” “us,” or “our”) to our clients (“Client,” “you,” or “your”).
Please note: This is a living document. VALOES Yachting Advisors reserves the right to regularly update these Terms. The most current version will always be available on our website. By paying any invoice from VALOES Yachting Advisors, you acknowledge, accept, and agree to be bound by the most up-to-date version of these Terms.
1Services Provided
VALOES Yachting Advisors agrees to provide one or more of the following services, as outlined in your specific proposal or invoice:
- Website Management: Design, development, maintenance, updates, and optimization.
- Social Media & Email Marketing: Account management, content creation, subscriber management, and performance analysis.
- Data & System Integrations: Implementation of third-party platforms, customer relationship management systems, and automated workflows.
2Financial Terms & Ad Spend
- Payment & Late Fees: Invoices are due upon receipt unless otherwise stated. We reserve the right to apply late fees to severely past-due balances.
- Suspension of Service: In the event of non-payment, VALOES Yachting Advisors reserves the right to suspend services, pause advertising campaigns, or temporarily take digital assets and websites offline until the balance is paid in full.
- Ad Spend Responsibility: You are solely responsible for paying all third-party advertising costs (e.g., Google Ads, Meta Ads) directly to the platform.
- No ROI Guarantees: While we implement industry best practices to optimize marketing performance, we do not guarantee specific financial results, lead volumes, or return on investment (ROI).
3Client Responsibilities & Scope
- Content Ownership & Copyright: You guarantee that all text, graphics, photos, yacht listings, trademarks, or other artwork you provide to us are owned by you or that you have explicit permission to use them. You agree to protect, indemnify, and hold us harmless from any claims, suits, or damages arising from the use of materials you have provided that allegedly infringe on a third party’s intellectual property.
- Scope Creep: Services are limited to what is explicitly outlined in your proposal or invoice. Requests for additional features, extra revisions, or new marketing channels fall outside the original scope and will be billed separately via a new estimate.
- Client Delays: Timely delivery relies on your prompt feedback and provision of requested assets. Delays on your end will not pause ongoing billing cycles or monthly retainer fees.
4Technology, Security, & Integrations
- Website Security & Hacking: While we implement standard security protocols, no system is completely immune to malicious activity. We are not liable for any damages, lost data, or lost revenue resulting from unauthorized access, hacking, malware, or cyberattacks on your website, servers, or associated accounts.
- Third-Party Services & Outages: We are not responsible for outages, data breaches, feature changes, or service interruptions caused by third-party hosting environments, plugins, or software platforms.
- Data Feeds & APIs: If your website relies on external data feeds (such as a yacht MLS API) to display inventory, specifications, or pricing, we are not liable for the accuracy, uptime, or completeness of the data provided by those third parties.
- AI & Conversational Agents: If automated chatbots or artificial intelligence tools are deployed on your website or social channels, we are not liable for any inaccurate information, hallucinations, or commitments made by the automated agent to your users.
5ADA & Web Accessibility
We build digital assets utilizing standard best practices; however, we do not guarantee full compliance with the Americans with Disabilities Act (ADA) or Web Content Accessibility Guidelines (WCAG) unless an explicit, separate web accessibility auditing and remediation contract is executed.
6Term Duration and Termination
This Agreement commences upon the payment of your initial invoice and remains ongoing. Either party may terminate this Agreement by providing 30 days’ written notice.
7Intellectual Property & Advertising Rights
- Agency IP: All intellectual property rights in materials produced by VALOES Yachting Advisors remain our property unless a written transfer of ownership is explicitly agreed upon.
- Client License: You grant us a non-exclusive, royalty-free license to use your trademarks and branding solely for fulfilling our services.
- Portfolio Rights: You grant us the right to showcase the work we produce for you in our portfolio and promotional materials, subject to your prior approval of specific sensitive data.
8Limitation of Liability
VALOES Yachting Advisors shall not be liable for any indirect, special, incidental, or consequential damages—including but not limited to loss of business, profits, revenue, or data—arising out of or in connection with the services provided. Our total liability to you shall not exceed the total amount paid by you to us for the specific services related to the claim during the three (3) months prior to the event giving rise to the liability.
9Confidentiality & Non-Solicitation
- Confidentiality: Both parties agree to maintain the confidentiality of any proprietary business operations, trade secrets, or confidential information disclosed during our relationship.
- Non-Solicitation: During the term of this Agreement and for twelve (12) months following its termination, the Client agrees not to directly or indirectly solicit, hire, or engage any employee, contractor, or partner of VALOES Yachting Advisors for independent work outside of this agency relationship.
10Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles.
Contact Us
VALOES Yachting Advisors (Valoes Ventures Inc)
Web: yachtingadvisors.com