Terms of Service
The agreement that governs your use of our website and services.
On this page
1. Acceptance of terms 2. Our services 3. Eligibility 4. Engagements and proposals 5. Acceptable use 6. Intellectual property 7. Client responsibilities 8. Fees and payment 9. Third-party platforms 10. Disclaimers 11. Limitation of liability 12. Indemnification 13. Termination 14. Governing law 15. Changes to these terms 16. Contact us1. Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of the website blueocean-agency.com (the "Site") and any services provided by Blue Ocean Agency ("Blue Ocean," "we," "us," or "our"). By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
2. Our services
Blue Ocean Agency provides digital marketing services, which may include paid media, search engine optimisation and content, social media management, email and lifecycle marketing, brand and creative, and analytics and insights. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate written proposal, statement of work, or agreement ("Engagement Agreement"). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement will govern for that engagement.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Site or engage our services. If you use the Site or services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
4. Engagements and proposals
Any proposal or estimate we provide is for discussion purposes and does not constitute a binding commitment until a corresponding Engagement Agreement is signed by both parties. Proposals are valid for the period stated within them, or 30 days if no period is specified.
5. Acceptable use
When using the Site, you agree not to:
- Use the Site in any way that violates applicable laws or regulations.
- Attempt to gain unauthorised access to the Site, its systems, or networks.
- Interfere with or disrupt the integrity or performance of the Site.
- Introduce malware, viruses, or other harmful code.
- Copy, scrape, or harvest content or data without our permission.
- Use the Site to transmit unsolicited or unlawful communications.
6. Intellectual property
The Site and its content (including text, graphics, logos, and the Blue Ocean name and marks) are owned by or licensed to Blue Ocean Agency and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
Ownership of deliverables produced during an engagement is addressed in the applicable Engagement Agreement. Unless otherwise agreed, we retain ownership of our pre-existing materials, methodologies, and tools.
7. Client responsibilities
To deliver our services effectively, we rely on your timely cooperation. You agree to:
- Provide accurate, complete information and materials when reasonably requested.
- Grant necessary access to accounts, platforms, and assets required for the work.
- Review and provide feedback or approvals within agreed timeframes.
- Ensure that materials you provide do not infringe the rights of any third party.
8. Fees and payment
Fees, payment schedules, and invoicing terms are set out in the applicable Engagement Agreement. Unless otherwise stated, invoices are due within the period specified on the invoice. Late payments may incur reasonable interest and may result in suspension of services. Fees are exclusive of applicable taxes and third-party media spend unless expressly stated otherwise.
9. Third-party platforms
Our services often involve third-party platforms such as advertising networks, analytics tools, and email providers. Your use of those platforms is subject to their own terms and policies. We are not responsible for changes, outages, or actions taken by third-party platforms that are outside our reasonable control.
10. Disclaimers
The Site and services are provided on an "as is" and "as available" basis. While we apply professional skill and care, marketing outcomes depend on many factors outside our control. We do not warrant or guarantee specific results, rankings, revenue, or performance. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of liability
To the fullest extent permitted by law, Blue Ocean Agency will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or services. Our total aggregate liability for any claim arising out of an engagement will not exceed the fees paid to us for the services giving rise to the claim during the three months preceding the event.
12. Indemnification
You agree to indemnify and hold harmless Blue Ocean Agency and its team from any claims, damages, liabilities, and expenses arising out of your breach of these Terms, your misuse of the Site, or materials you provide that infringe the rights of a third party.
13. Termination
We may suspend or terminate your access to the Site at any time if you breach these Terms. Termination of an engagement is governed by the applicable Engagement Agreement. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
14. Governing law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts located in Wyoming, unless otherwise required by applicable law.
15. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
16. Contact us
If you have questions about these Terms, please contact us:
- Email: hello@blueocean-agency.com
- Post: Blue Ocean Agency, 30 N Gould St Ste R, Sheridan, WY 82801, United States