Upmarket Agency

Terms of Service

Last Updated: May 4, 2025

1. Introduction

Welcome to Upmarket Agency. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree to these Terms, you may not use our services.

2. Services

Upmarket Agency provides marketing and branding services for luxury home service providers. Our services may include, but are not limited to, brand strategy, website design, content creation, social media management, and digital advertising.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice.

3. Client Responsibilities

As a client, you are responsible for:

  • Providing accurate and complete information necessary for us to perform our services
  • Reviewing and approving deliverables in a timely manner
  • Ensuring that any content or materials you provide do not infringe on any third-party rights
  • Complying with all applicable laws and regulations

4. Intellectual Property

All intellectual property rights in the deliverables shall be assigned to you upon full payment of our fees, except for:

  • Third-party materials incorporated into the deliverables
  • Our pre-existing intellectual property
  • Our methodologies, processes, and techniques

We retain the right to use the deliverables in our portfolio and for promotional purposes, unless otherwise agreed in writing.

5. Payment Terms

Our fees and payment terms will be specified in the service agreement or proposal provided to you. Unless otherwise stated:

  • A deposit may be required before work commences
  • Invoices are due upon receipt
  • Late payments may incur interest charges
  • We reserve the right to suspend services if payments are overdue

6. Confidentiality

We will maintain the confidentiality of any proprietary information shared with us during the course of our engagement. Similarly, you agree to maintain the confidentiality of our proprietary information, including our methodologies, processes, and techniques.

7. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Our total liability for any claims arising under these Terms shall not exceed the amounts paid by you to us in the six-month period preceding the event giving rise to the claim.

8. Termination

Either party may terminate the service agreement with written notice if:

  • The other party breaches a material term of these Terms and fails to remedy the breach within 14 days
  • The other party becomes insolvent or enters into bankruptcy proceedings

Upon termination, you shall pay for all services rendered up to the date of termination.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website or by other means.

Your continued use of our services after such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

Upmarket Agency
123 Luxury Lane, Suite 400
Beverly Hills, CA 90210
Email: legal@upmarketagency.com
Phone: (555) 123-4567