Terms of Service
Eleventh Floor Agency LLC
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”) and Eleventh Floor Agency LLC (“we,” “us,” or “our”), regarding your access to and use of our website, services, and related digital platforms (collectively, the “Services”).By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, please refrain from using the Services.We may update these Terms from time to time. The latest version will always be available on our website, and continued use of the Services after updates constitutes acceptance of the new Terms.
Eligibility
Our Services are intended for clients 18 years of age or older. By engaging with us, you confirm that you meet this requirement and have the authority to enter into this agreement.
Intellectual Property Rights
All materials, strategies, creative assets, copywriting, designs, and systems shared by Eleventh Floor Agency LLC remain our intellectual property unless otherwise stated in writing.Once full payment is received, final deliverables (such as social media content, branding files, or final campaign assets) become the property of the client for use as agreed.Raw or editable project files (e.g., templates, drafts, design layers, or editing files) remain the property of Eleventh Floor Agency LLC, unless otherwise agreed in writing.We reserve the right to display completed work and results as part of our portfolio, marketing, or case studies, unless confidentiality has been requested or previously discussed in writing.
Payment Terms
Unless otherwise stated in the client agreement or invoice:
- A 50% deposit is required before work begins.
- The remaining 50% balance is due upon project completion and before final asset delivery.
- Full payment upfront may be required for certain retainers or monthly packages.
- For ongoing monthly retainers, payment is due on or before the first day of each month.
- Late payments may result in project delays and/or additional fees.
Invoices are considered accepted unless disputed in writing within 5 business days of issuance.
Refunds & Cancellations
Because our services are digital and customized, all payments are non-refundable once work has commenced.Cancellations must be made in writing before any work begins. If canceled after the project has started, the initial deposit will be forfeited. For monthly retainers, cancellation requests must be submitted at least 30 days prior to the next billing cycle.
Both parties agree to keep all project information confidential, upon request or as previously discussed in writing.
Confidential materials may only be disclosed with prior consent or as required by law.
Client Responsibilities
To ensure timely project completion, clients agree to:
- Provide all necessary materials, information, and approvals on time.
- Communicate promptly and maintain active collaboration during the project.
Delays in client communication or asset delivery may result in timeline extensions or rescheduling.
Project Timelines
Project timelines begin once the deposit and all required materials have been received.
We are not responsible for delays caused by the client’s unresponsiveness or changes in scope after the project has begun.
Limitation of Liability
Eleventh Floor Agency LLC will not be liable for:
- Any indirect, incidental, or consequential damages;
- Lost profits or revenue;
- Platform issues (e.g., Instagram, Facebook, TikTok outages or policy changes);
- Third-party service interruptions.
Our total liability for any claim will not exceed the total amount paid by the client for the specific project.
Termination
We reserve the right to terminate services at any time if the client:
- Breaches these Terms;
- Engages in unethical or unlawful conduct; or
- Fails to complete payment obligations.
Upon termination, all unpaid balances become due immediately.
Eleventh Floor Agency LLC reserves the right to retain any payments received for work completed prior to termination.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles.
Entire Agreement
These Terms, together with any signed proposals, invoices, or agreements, represent the entire understanding between the client and Eleventh Floor Agency LLC.
No other representations or agreements, verbal or written, shall supersede this document.
