Terms and Conditions

1. Agreement to Terms

Welcome to Modern Marketing Agency ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at your-domain.com (the "Website") and all related services, products, and content (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services. These Terms constitute a legally binding agreement between you and Modern Marketing Agency.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Services following any changes indicates your acceptance of the new Terms.

2. Definitions

For the purposes of these Terms:

• "Client" means any individual or entity that engages our Services.
• "Services" means all marketing, advertising, consulting, and related services provided by the Company.
• "Deliverables" means any materials, content, campaigns, or work product created by the Company for the Client.
• "Confidential Information" means any proprietary information disclosed by either party during the course of engagement.
• "Agreement" means the contract formed between the Company and Client, including these Terms and any signed service agreements.

3. Services

3.1 Scope of Services

Modern Marketing Agency provides professional marketing and advertising services including but not limited to: digital marketing strategy, social media management, content creation, search engine optimization, paid advertising campaigns, brand development, and marketing consultation.

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of Services.

3.3 Third-Party Services

Our Services may integrate with or utilize third-party platforms, tools, and services. We are not responsible for the availability, functionality, or terms of third-party services. Your use of third-party services is subject to their respective terms and conditions.

4. User Obligations and Acceptable Use

4.1 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4.2 Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use automated systems to access the Services without our express written permission
• Collect or harvest any personally identifiable information from the Services
• Promote illegal activities, violence, discrimination, or hate speech
• Distribute spam, malware, viruses, or other harmful code
• Engage in any activity that could damage our reputation or business interests

4.3 Compliance

You agree to comply with all applicable advertising standards, marketing regulations, data protection laws, and industry best practices relevant to your use of our Services.

5. Payment Terms

5.1 Fees and Pricing

Service fees are as specified in your individual service agreement or proposal. All fees are quoted in the currency specified in the agreement and are exclusive of applicable taxes unless otherwise stated.

5.2 Payment Schedule

Payment terms will be specified in your service agreement. Standard payment terms require payment within 14 days of invoice date unless otherwise agreed. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.3 Refunds

Fees paid for completed services are non-refundable. Refunds for services not yet rendered will be considered on a case-by-case basis at our sole discretion.

5.4 Expenses

Unless otherwise agreed, the Client is responsible for reimbursing pre-approved expenses incurred in connection with Services, including but not limited to advertising spend, stock photography, software licenses, and travel costs.

6. Intellectual Property Rights

6.1 Company IP

The Website, Services, and all associated content, features, functionality, designs, logos, trademarks, software, and other materials (excluding Client content) are owned by Modern Marketing Agency and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. This license does not permit you to copy, modify, distribute, sell, or create derivative works from our content or Services.

6.3 Deliverables and Client IP

Upon full payment of all fees, you will receive rights to the specific Deliverables created for you as specified in your service agreement. We retain the right to use general concepts, techniques, and methodologies developed during the engagement. We may showcase completed work in our portfolio unless otherwise agreed in writing.

6.4 Client-Provided Materials

You retain all rights to materials you provide to us. By providing materials, you grant us a non-exclusive license to use, reproduce, modify, and display such materials solely for the purpose of providing Services to you.

6.5 Trademarks

All trademarks, service marks, logos, and trade names displayed on the Website or in connection with our Services are proprietary to their respective owners. Nothing in these Terms grants you any right to use any trademark without prior written permission.

7. Client Representations and Warranties

You represent and warrant that:

• You have the legal authority to enter into these Terms
• All information you provide is accurate, current, and complete
• You own or have the necessary rights to all materials you provide to us
• Your use of our Services does not violate any applicable laws or third-party rights
• You will comply with all applicable advertising and marketing regulations
• Any content you provide does not infringe on intellectual property rights or contain defamatory, obscene, or illegal material

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of engagement. This obligation survives termination of the Agreement. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement, (b) was rightfully in the receiving party's possession prior to disclosure, or (c) is independently developed without use of the Confidential Information.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MODERN MARKETING AGENCY, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

9.3 Liability Cap

Our total liability to you for all claims arising from or related to the Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim, or €1,000, whichever is greater.

9.4 Marketing Performance

We make no guarantees regarding specific results, rankings, traffic, conversions, or return on investment from marketing campaigns. Marketing performance depends on numerous factors beyond our control, including market conditions, competition, budget allocation, and client-provided materials.

10. Indemnification

You agree to indemnify, defend, and hold harmless Modern Marketing Agency, its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content or materials you provide to us
• Your breach of any representations or warranties made herein

11. Term and Termination

11.1 Term

These Terms commence when you first access the Services and continue until terminated by either party.

11.2 Termination by You

You may terminate your use of the Services at any time by ceasing to use the Website and Services. To terminate a service agreement, you must provide written notice in accordance with the terms specified in your individual agreement.

11.3 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• At our sole discretion for any other reason

11.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You remain responsible for all fees incurred prior to termination.

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

12.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Croatia. You consent to the personal jurisdiction and venue of such courts.

12.3 EU Regulations

Where applicable, our Services comply with European Union regulations including GDPR, ePrivacy Directive, and Consumer Rights Directive. EU residents have specific rights under these regulations as detailed in our Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party describing the dispute.

13.2 Mediation

If the dispute cannot be resolved through informal negotiations within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation before pursuing litigation. The mediation shall be conducted in Croatia by a mutually agreed mediator.

13.3 Litigation

If mediation does not resolve the dispute within sixty (60) days of its commencement, either party may proceed with litigation in accordance with Section 12 (Governing Law and Jurisdiction).

13.4 Consumer Rights

Nothing in this Section affects your statutory rights as a consumer under applicable law, including the right to access alternative dispute resolution mechanisms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any individual service agreements and our Privacy Policy, constitute the entire agreement between you and Modern Marketing Agency regarding the Services and supersede all prior agreements and understandings.

14.2 Amendments

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website with a new "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.

14.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, civil unrest, government actions, labor disputes, or failures of the Internet or telecommunications infrastructure.

14.7 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Modern Marketing Agency. You have no authority to bind us or make commitments on our behalf.

14.8 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us at: