Skip to main content

Terms of Service

Effective Date: August 9, 2026

Welcome to Bemidji Marketing. These Terms of Service govern your use of the Bemidji Marketing website and the services we provide. By accessing our website, submitting an inquiry, or engaging Bemidji Marketing for services, you agree to these Terms.

1. About Bemidji Marketing

Bemidji Marketing provides branding, graphic design, website development, digital marketing, advertising, search engine optimization, social media marketing, video production, photography, content creation, and related marketing services to businesses and organizations.

These Terms apply to visitors, prospective clients, and clients of Bemidji Marketing.

2. Use of Our Website

You may use this website for lawful purposes and in accordance with these Terms.

You agree not to:

  • Use the website for unlawful or fraudulent purposes.

  • Attempt to gain unauthorized access to the website, its systems, or accounts.

  • Interfere with the operation or security of the website.

  • Copy, reproduce, distribute, or exploit website content without permission.

  • Upload or transmit malicious software, code, or other harmful material.

  • Use information obtained from the website to harm, impersonate, or mislead others.

Bemidji Marketing reserves the right to restrict or terminate access to the website if we believe these Terms have been violated.

3. Marketing Services

Specific services, deliverables, timelines, fees, revisions, and responsibilities will be established through a written proposal, statement of work, service agreement, or other written agreement between Bemidji Marketing and the client.

If a separate written agreement conflicts with these Terms, the specific terms of that agreement will generally control with respect to the services covered by that agreement.

4. Proposals and Estimates

Project proposals and estimates are based on the information available to Bemidji Marketing at the time they are prepared.

Unless otherwise stated in writing, estimates are not guaranteed final project costs. Changes to project scope, client requirements, revisions, delays, third-party costs, or additional services may result in additional charges.

A project does not begin until the applicable proposal or agreement has been accepted and any required deposit or initial payment has been received.

5. Client Responsibilities

Clients are responsible for providing accurate and timely information, materials, approvals, credentials, access, and other resources reasonably necessary to complete a project.

Clients are responsible for ensuring that materials they provide to Bemidji Marketing—including photographs, logos, written content, trademarks, videos, music, software, and other intellectual property—may legally be used for the intended purpose.

Delays in providing required materials, feedback, approvals, or access may affect project schedules and delivery dates.

6. Content and Client Approval

Bemidji Marketing may assist with creating, editing, or publishing marketing content on behalf of a client.

The client remains responsible for reviewing and approving final content before publication when approval is requested.

Clients are responsible for the accuracy of business information, claims, pricing, legal disclosures, promotions, product information, and other factual information supplied or approved for publication.

Bemidji Marketing does not guarantee that marketing content will produce a particular level of sales, leads, traffic, engagement, rankings, or revenue.

7. Website Development

Website development projects may include design, development, content integration, search engine optimization, analytics, hosting coordination, maintenance, and related services as specified in the applicable agreement.

Website functionality may depend on third-party platforms, plugins, extensions, hosting providers, APIs, payment processors, browsers, operating systems, or other technologies outside the control of Bemidji Marketing.

Bemidji Marketing cannot guarantee uninterrupted operation or compatibility with every third-party service or future software update.

Unless specifically included in a written agreement, ongoing website hosting, maintenance, security monitoring, content updates, plugin licensing, domain registration, and third-party software costs are the client's responsibility.

8. Search Engine Optimization and Advertising

SEO and digital advertising involve third-party platforms and algorithms that are outside the control of Bemidji Marketing.

We do not guarantee:

  • A specific search engine ranking.

  • A specific number of website visitors.

  • A specific number of leads or sales.

  • A specific advertising return on investment.

  • Approval of advertisements by third-party platforms.

  • Continued availability of specific advertising features or platforms.

Advertising budgets paid to third-party platforms are separate from Bemidji Marketing's service fees unless otherwise stated in writing.

9. Artificial Intelligence and Third-Party Tools

Bemidji Marketing may use third-party software, automation tools, artificial intelligence platforms, stock resources, analytics platforms, advertising platforms, hosting providers, and other technologies when providing services.

Where appropriate, AI-assisted tools may be used for research, brainstorming, copywriting, design development, content creation, analysis, automation, or other production activities.

Clients remain responsible for reviewing and approving final materials. Bemidji Marketing will make reasonable efforts to review AI-assisted content for quality and suitability, but clients should independently verify important factual, legal, financial, medical, regulatory, or other specialized claims before publication.

10. Intellectual Property

Unless otherwise specified in a written agreement, Bemidji Marketing retains ownership of its pre-existing materials, proprietary processes, templates, systems, methodologies, internal tools, source materials, and other intellectual property developed independently of a specific client project.

Upon full payment of all amounts due, ownership or usage rights to final client deliverables will be transferred or licensed according to the applicable project agreement.

Third-party fonts, stock photography, software, plugins, music, video, templates, and other licensed materials remain subject to their respective licensing terms.

Bemidji Marketing may retain the right to display completed work in its portfolio, website, social media, presentations, and other promotional materials unless otherwise agreed in writing.

11. Revisions and Scope Changes

Projects include the number of revisions specified in the applicable proposal or agreement.

Requests that materially change the original scope, direction, functionality, deliverables, or requirements may be treated as additional work and may result in additional fees or an adjusted timeline.

Bemidji Marketing will make reasonable efforts to communicate significant scope changes before performing additional billable work.

12. Payments

Fees, deposits, payment schedules, and payment methods will be specified in the applicable proposal or service agreement.

Unless otherwise stated, invoices are due according to the payment terms listed on the invoice.

Bemidji Marketing reserves the right to pause work, withhold deliverables, suspend services, or delay publication when invoices become past due.

Third-party expenses, advertising spend, software subscriptions, licensing fees, printing, hosting, domain registration, and other external costs may be billed separately.

13. Cancellation and Termination

Either party may terminate a project or ongoing service arrangement according to the terms of the applicable agreement.

Upon termination, the client remains responsible for payment for services performed, approved expenses incurred, and other non-cancellable commitments made on the client's behalf.

Deposits and payments may be non-refundable when they cover work already performed, resources committed, or third-party expenses.

14. Third-Party Services

Bemidji Marketing may recommend, configure, or manage third-party services such as Google, Meta, YouTube, hosting providers, domain registrars, email platforms, social media platforms, analytics services, software applications, and advertising platforms.

Bemidji Marketing does not control these third parties and is not responsible for their:

  • Service interruptions.

  • Policy changes.

  • Account suspensions.

  • Algorithm changes.

  • Pricing changes.

  • Security incidents.

  • Data practices.

  • Loss of functionality.

  • Changes to APIs or integrations.

Clients are subject to the terms and policies of any third-party service they use.

15. Website Availability

We make reasonable efforts to maintain the availability and functionality of the Bemidji Marketing website. However, we do not guarantee that the website will always be available, uninterrupted, secure, or free from errors.

Temporary interruptions may occur because of maintenance, updates, hosting issues, technical problems, security incidents, or circumstances outside our control.

16. Disclaimer of Warranties

The Bemidji Marketing website and its content are provided on an "as is" and "as available" basis to the extent permitted by applicable law.

Bemidji Marketing makes no warranties, express or implied, regarding the website's availability, accuracy, completeness, reliability, or fitness for a particular purpose.

Marketing results vary based on numerous factors, including market conditions, competition, budget, industry, client operations, pricing, customer demand, third-party platforms, and other circumstances outside our control.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Bemidji Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of our website or services.

To the extent permitted by law, Bemidji Marketing's total liability arising from a specific project or service will not exceed the amount actually paid to Bemidji Marketing by the client for that project or service during the applicable period.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

18. Indemnification

To the extent permitted by law, clients agree to defend, indemnify, and hold harmless Bemidji Marketing and its owners, contractors, employees, and service providers from claims, damages, liabilities, costs, and expenses arising from:

  • Materials supplied by the client.

  • The client's products or services.

  • The client's violation of applicable laws or regulations.

  • The client's violation of third-party rights.

  • Unauthorized or unlawful use of marketing materials.

  • Information or claims approved by the client for publication.

19. Privacy

Your use of this website may also be governed by our Privacy Policy, which explains how information may be collected, used, stored, and shared.

Please review our Privacy Policy for additional information regarding data practices.

20. Copyright and Trademarks

The Bemidji Marketing name, logo, branding, website design, original graphics, written content, and other original materials are protected by applicable intellectual property laws.

You may not reproduce, modify, distribute, or commercially exploit Bemidji Marketing's proprietary materials without prior written permission.

Third-party names, trademarks, logos, and brands referenced on this website belong to their respective owners.

21. Changes to These Terms

Bemidji Marketing may update these Terms of Service from time to time.

Updated Terms will be posted on this page with a revised effective date. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.

22. Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Minnesota, without regard to conflict-of-law principles, unless otherwise required by applicable law or a separate written agreement.

Any disputes will be handled in accordance with applicable Minnesota law and the terms of any applicable client agreement.

23. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.

24. Entire Agreement

These Terms, together with any applicable proposal, statement of work, service agreement, invoice, or other written agreement between Bemidji Marketing and a client, constitute the applicable agreement regarding the services provided.

25. Contact Bemidji Marketing

If you have questions about these Terms of Service, please contact us:

Bemidji Marketing
Bemidji, Minnesota
Email: [your email address]
Phone: [your phone number]

Last Updated: August 9, 2026