1. Introduction
These terms of service govern your access to and use of the website at redcrest.mom and the computer systems design, computer integrated systems design, and marketing services provided by RedCrest Marketing LLC. The services are developed and operated by the developer RedCrest, a brand of RedCrest Marketing LLC, a company located at 1226 W Green Springs Hts S, Washington - 84780-8459, United States (US). Throughout these terms, the words we, us, and our refer to RedCrest Marketing LLC, and the words you and your refer to the person or organization using our website or our services.
Please read these terms carefully before you use our website or engage our services. These terms form a binding agreement between you and RedCrest Marketing LLC. If you do not agree to these terms, you should stop using our website immediately and you should not engage our services. We may revise these terms from time to time, as described in the amendments section below, so please review them periodically.
2. Acceptance of These Terms
By accessing this website, by submitting a contact form, by requesting a proposal, or by entering into a service agreement with us, you acknowledge that you have read, understood, and agreed to be bound by these terms. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms, and in that case the words you and your will refer to that entity.
If you do not have the authority to bind your organization, or if you do not agree to any part of these terms, you must not use our website or our services. Your continued use of our website or our services after we post a revised version of these terms will constitute your acceptance of the revised terms, except where the law requires us to obtain your express consent.
3. Eligibility to Use Our Services
Our services are intended for business clients and for individuals who are at least eighteen years of age. By using our website or our services, you represent that you are at least eighteen years old and that you are legally capable of entering into a binding contract. If you are using our services on behalf of an organization, you represent that the organization is properly registered and that you are authorized to act on its behalf.
We may refuse service to any person or organization at our discretion, to the extent permitted by law. We may also verify the identity and authority of individuals and organizations before entering into an engagement. If we believe that a proposed engagement would create a conflict of interest, raise legal concerns, or otherwise be inconsistent with our standards, we may decline the work.
4. Description of Our Services
RedCrest Marketing LLC provides a range of professional services in the fields of computer systems design, computer integrated systems design, and marketing. Our systems design services include the analysis of business requirements, the design of software and information systems, the specification of technical architectures, and the planning of technology roadmaps. Our computer integrated systems design services include connecting software, hardware, data, and business processes into unified operating environments.
Our marketing services include brand systems, digital campaigns, paid media management, content production, analytics, and the integration of customer relationship and automation platforms. The specific scope of any service, including deliverables, timelines, and pricing, is defined in a separate proposal or service agreement. These terms apply to all engagements, and where a specific agreement conflicts with these terms, the specific agreement will govern that engagement unless these terms are identified as controlling.
5. Project Engagements and Scope
Each engagement begins with a clearly defined scope. Before work begins, we will prepare a proposal or statement of work describing the services to be delivered, the deliverables to be produced, the timeline for completion, and the fees and payment schedule. We rely on the accuracy and completeness of the information you provide to define that scope, and we will confirm the scope with you in writing before we begin substantive work.
If you request changes to the scope after an engagement begins, we will assess the impact of those changes on timeline and cost and will provide you with a written estimate before proceeding. Changes to scope are effective only when agreed to in writing by both parties. Work performed outside the agreed scope may be billed at our standard hourly rates. We will not begin out-of-scope work without your approval.
6. Client Responsibilities
To deliver high-quality work on schedule, we depend on timely cooperation from our clients. You are responsible for providing accurate and complete information, access to relevant systems and accounts, decisions and approvals within agreed timeframes, and any materials required for the work, such as brand assets, content, and access credentials. You are also responsible for designating a single point of contact who is authorized to make decisions on your behalf.
Delays caused by a failure to meet these responsibilities may extend the timeline and, in some cases, may require changes to the scope or the fees. We will give you reasonable notice when a delay is attributable to an action or inaction on your side. We will make reasonable efforts to accommodate your schedule, and we will document any timeline adjustments in writing.
7. Fees and Payment Terms
The fees for our services are set out in the applicable proposal or service agreement. Fees may be structured as fixed project fees, hourly rates, monthly retainers, or a combination of these, as described in your agreement. Unless otherwise stated, fees are quoted in United States dollars and are exclusive of taxes and third-party costs.
Payment is due according to the schedule set out in your agreement. If an agreement does not state a payment schedule, a deposit of fifty percent is due before work begins and the remaining balance is due upon completion of the work. We reserve the right to suspend work if an invoice remains unpaid past its due date. Late payments may be subject to a service charge of one and one-half percent per month, or the maximum rate permitted by law, whichever is lower.
8. Invoicing and Billing
We issue invoices in accordance with the payment schedule in your agreement. Invoices are delivered by email to the billing contact you designate, and they are due on the date stated on the invoice. We will provide itemized invoices that describe the services billed so that you can verify the charges against the agreed scope.
If you believe an invoice contains an error, you must notify us in writing within fifteen days of receiving the invoice. If you do not notify us within that period, the invoice will be considered correct and final. We will not begin work on any new engagement, or continue work on an existing one, while a material amount remains overdue, except where we have agreed otherwise in writing.
9. Taxes and Additional Charges
Fees quoted in our proposals are exclusive of any applicable sales, use, value-added, or similar taxes. You are responsible for paying all taxes assessed on the services, excluding taxes based on our net income. Where we are required by law to collect and remit such taxes, we will add them to your invoice, and we will issue appropriate documentation for your records.
Some services involve third-party costs that we incur on your behalf, such as advertising budgets, software licenses, hosting fees, and data charges. Unless your agreement states otherwise, these third-party costs are billed to you at cost and are not marked up. We will obtain your approval before committing to significant third-party costs, except where those costs are within a budget you have already approved.
10. Intellectual Property Rights
Unless your agreement states otherwise, upon full payment of all fees for a project, we assign to you the intellectual property rights in the deliverables created specifically for that project, including custom designs, code, copy, and campaign assets. This assignment is intended to let you use the deliverables for the purposes set out in your agreement without restriction.
We retain ownership of our pre-existing materials, our proprietary tools, our methodologies, our frameworks, and any general knowledge, skills, and techniques we bring to or develop during a project. We also retain the right to reuse generic components that do not incorporate your confidential information or your brand. You grant us a non-exclusive, worldwide, royalty-free license to display the work we create for you in our portfolio, unless you request otherwise in writing.
11. Client Content and Materials
You retain all rights in the content and materials you provide to us for a project, including text, images, logos, data, and access to your systems. You represent and warrant that you own or have the necessary rights to use all materials you provide, and that those materials do not infringe the rights of any third party. You grant us a limited license to use those materials solely to perform the services for you.
You are responsible for the accuracy, completeness, and legality of the content and materials you provide. We are not responsible for content or materials supplied by you or by third parties, and we will not be liable for any loss or damage arising from their use. We will take reasonable steps to protect your materials, and we will return or destroy them at the end of the engagement as described in your agreement.
12. Confidential Information
Both parties agree to keep confidential any non-public information disclosed during an engagement that is identified as confidential or that a reasonable person would understand to be confidential. This includes business plans, financial information, technical specifications, customer lists, marketing strategies, and the terms of the agreement itself. Each party will use the other party confidential information only to perform its obligations under the agreement.
These confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, that was lawfully known before disclosure, that is received from a third party without restriction, or that is required to be disclosed by law. The obligations in this section survive the termination of the engagement and continue for a reasonable period, typically five years, unless the law requires otherwise.
13. Third-Party Services and Tools
Some of our services rely on third-party platforms, software, and services, such as advertising networks, analytics tools, customer relationship systems, and hosting providers. These third-party services are governed by their own terms of service and privacy policies, which apply when you or we use them on your behalf. We are not responsible for the availability, performance, or conduct of third-party services.
Where a project requires the use of third-party services, we will help you select appropriate providers and will manage the integration on your behalf. You are responsible for maintaining your accounts, paying any third-party fees, and complying with the terms of those third-party services. We recommend that you review the terms of each third-party service before you use it, and we will flag any terms that materially affect your rights.
14. Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards, and that the deliverables we provide will conform to the agreed specifications. If we fail to meet this warranty, and you notify us in writing within thirty days of discovering the issue, we will correct the non-conforming work at no additional charge, or refund the fees paid for that work.
Except for the warranties stated in this section, our services and deliverables are provided on an as is and as available basis, and we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any website, system, or campaign we build will be uninterrupted, error-free, or achieve any particular business result, and we do not guarantee specific traffic, leads, rankings, or revenue outcomes.
15. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, or costs of procurement of substitute goods or services, arising out of or relating to these terms or the services, even if the party was advised of the possibility of such damages.
Our total liability to you for all claims arising out of or relating to these terms or the services, whether in contract, tort, or otherwise, will not exceed the total fees paid by you to us for the services in the twelve months preceding the event giving rise to the claim. This limitation of liability is a fundamental basis of the bargain between us, and you acknowledge that the fees we charge reflect this allocation of risk.
16. Indemnification
You agree to indemnify, defend, and hold harmless RedCrest Marketing LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or relating to your use of our services, your violation of these terms, your breach of any representation or warranty in these terms, or your violation of the rights of any third party.
We will provide you with prompt notice of any claim subject to indemnification, and we will cooperate with you in the defense of such claims. You may not settle any claim that affects our rights without our prior written consent. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you will reimburse us for the reasonable costs of that defense.
17. Termination of Services
Either party may terminate an engagement for convenience by providing written notice according to the notice period in your agreement, or thirty days in the absence of a stated notice period. Upon termination, you will pay for all services performed and all costs committed up to the effective date of termination, and we will deliver all work completed to date that has been paid for.
Either party may terminate an engagement immediately if the other party materially breaches these terms or the applicable agreement and fails to cure that breach within fifteen days of written notice. We may also terminate an engagement immediately if you fail to pay amounts when due, if you use our services in violation of law, or if continuing the engagement would create an unacceptable legal or ethical risk.
18. Suspension and Nonpayment
We reserve the right to suspend work on an engagement if an invoice remains unpaid for more than fifteen days past its due date. We will provide you with written notice before suspending work, and we will resume work promptly once payment is received. Suspension of work for nonpayment does not relieve you of your obligation to pay for services already performed.
We may also suspend access to accounts, systems, or deliverables that we control if you fail to pay amounts due for third-party services that we have advanced on your behalf. We will take reasonable steps to protect your data during any suspension, and we will not delete your data solely because of nonpayment without first providing notice and a reasonable opportunity to cure.
19. Acceptable Use Policy
You agree not to use our website or services in any way that violates applicable law, infringes the rights of others, or interferes with the operation of our systems. You will not attempt to gain unauthorized access to our systems, to probe or scan our infrastructure, to send unsolicited bulk messages, to introduce malicious code, or to use our services to conduct any unlawful activity.
You also agree that the materials you provide and the campaigns we run on your behalf will comply with advertising laws, content standards, and platform policies. We may refuse to work on projects that involve deceptive, harmful, or unlawful content. If we determine that your use of our services violates this policy, we may suspend or terminate the engagement and we may report unlawful activity to the appropriate authorities.
20. Data Protection and Privacy
Our handling of personal information is governed by our privacy policy, which is available at redcrest.mom/privacy and is incorporated into these terms by reference. When we process personal data on your behalf in the course of providing services, we act as a data processor and you act as the data controller, and the terms of your agreement will describe the processing you have instructed us to perform.
Each party will comply with applicable data protection laws in its handling of personal data. We will implement appropriate technical and organizational measures to protect personal data, will process it only on your documented instructions, and will assist you with your obligations regarding data subject requests, security incidents, and data protection impact assessments where required by law.
21. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these terms to the extent that such failure or delay results from a cause beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government action, power failures, internet or network outages, or failures of third-party services. The affected party will notify the other party promptly and will use reasonable efforts to resume performance as soon as practicable.
If a force majeure event continues for more than sixty days, either party may terminate the affected engagement without penalty by providing written notice. Upon such termination, you will pay for all services performed and all costs committed up to the effective date of termination, and we will deliver all work completed to date that has been paid for.
22. Dispute Resolution
We encourage you to contact us directly if any dispute arises. Before initiating any formal proceeding, the parties agree to attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty days, either party may pursue the remedies described in these terms.
To the fullest extent permitted by law, any dispute arising out of or relating to these terms or our services will be resolved through binding individual arbitration, rather than in court, in the state of Washington, using the rules of a recognized arbitration provider agreed upon by the parties. You agree that you will not participate in any class action, class arbitration, or similar representative proceeding in connection with any dispute with us.
23. Governing Law
These terms and any agreements incorporating them are governed by and construed in accordance with the laws of the state of Washington, United States, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any legal suit, action, or proceeding arising out of or relating to these terms that is not subject to the arbitration provision above will be instituted exclusively in the federal or state courts located in the state of Washington, and you consent to the exclusive jurisdiction and venue of those courts. You waive any objection to the jurisdiction or venue of those courts.
24. Entire Agreement and Waiver
These terms, together with any proposal, statement of work, or service agreement that references them, constitute the entire agreement between you and RedCrest Marketing LLC regarding the subject matter of the engagement. They supersede all prior and contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to that subject matter.
No failure or delay by either party in exercising any right under these terms will operate as a waiver of that right, and no single or partial exercise of a right will prevent any further exercise of that right or the exercise of any other right. Waivers are effective only when made in writing and signed by the waiving party. The headings in these terms are for convenience only and do not affect their interpretation.
25. Amendments to These Terms
We may revise these terms from time to time to reflect changes in our services, our business, or applicable law. When we make material changes, we will update the last updated date at the top of this page and we will take reasonable steps to notify you, for example by posting a notice on our website or by sending you an email where we have your current address.
If you continue to use our website or our services after the revised terms take effect, you will be deemed to have accepted the revised terms. If you do not agree to the revised terms, you should stop using our services and notify us that you wish to terminate any current engagement in accordance with the termination provisions of these terms.
26. Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect. The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
If a court or arbitrator limits the application of any provision, that provision will be applied in a manner that most closely reflects the intent of the parties as expressed in these terms. Nothing in these terms limits a right that cannot be waived or limited under applicable law, and nothing in these terms creates any third-party beneficiary rights.
27. Contact Information
If you have questions about these terms, about our services, or about an existing engagement, you can contact us by any of the following methods. By email at notify@redcrest.mom. By phone at +13479376020. By mail at RedCrest Marketing LLC, 1226 W Green Springs Hts S, Washington - 84780-8459, United States (US).
We will respond to your questions promptly and in plain language. Formal notices under these terms must be sent in writing to the address above and will be deemed delivered upon receipt. You may also reach our team through the contact form on our website, and we will treat your message with the same care as any other communication.