Contenido
Your proposal comes first.
Most client work is governed by a signed proposal or statement of work. These Terms fill in everything it doesn’t cover, and where the two disagree, the signed document wins.
These Terms apply to your use of orchidmedia.io and to any services Orchid Media LLC (“Orchid Media”, “we”, “us”) provides to you. Our Privacy Policy explains how we handle personal data and forms part of these Terms.
Orchid Media provides Shopify development, conversion rate optimization, design, marketing and related digital services, including:
The scope, deliverables, timeline and fees for each engagement are set out in a proposal or statement of work (an “SOW”). Work outside an SOW is quoted separately before we start it.
You may use the site to learn about us and contact us. You agree not to:
- Use the site for anything unlawful, or to send spam through our forms
- Try to gain unauthorized access to the site or the systems behind it
- Scrape, copy or republish our content, case studies or designs without permission
- Interfere with the site’s security, bot protection or performance
Content on the site, including blog posts and calculators, is general information and not professional advice for your specific business.
As a client, you agree to:
- 01Provide accurate and complete information, and the access we need to do the work.
- 02Respond to requests and approve deliverables in a reasonable time — delays on your side may move timelines.
- 03Pay invoices on the agreed terms.
- 04Make sure you have the rights to any materials you give us, such as logos, product images and copy.
- 05Not ask us to do anything that breaks the law or a platform’s rules.
To do the work, we may need access to your Shopify store, email platform, ad accounts or analytics. We ask for access through each platform’s own permission system, use it only for the agreed work, and give it up when the engagement ends. You can revoke it at any time — see the Data Deletion page for how.
Shopify, Klaviyo, Meta, Google, TikTok and other platforms are run by third parties under their own terms. We are not responsible for their outages, policy changes, account reviews or suspensions, though we will help you resolve them where we can.
Where we handle personal data about your customers, we do so as your processor, only on your instructions and as described in our Privacy Policy.
We may pause work while an invoice is more than 15 days overdue.
Results
We work to move the numbers we agree with you, and we report on them honestly. But revenue, conversion rate and return on ad spend depend on things outside our control — your product, pricing, stock, seasonality, competitors and the platforms themselves. Unless an SOW sets out a specific performance guarantee, we do not guarantee particular results.
Unless you tell us otherwise in writing, we may mention you as a client and show the work in our portfolio and case studies, without sharing confidential figures you haven’t approved.
Both of us agree to keep the other’s confidential information private, to protect it with reasonable care, to use it only for the engagement, and to return or destroy it on request. This survives the end of the engagement.
To the extent the law allows, Orchid Media is not liable for:
- Indirect, incidental or consequential damages
- Loss of profits, revenue, sales or data
- Business interruption or loss of goodwill
- Changes, outages or decisions by third-party platforms
Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim arose.
Either party may end an engagement with 30 days written notice, unless the SOW says otherwise. On termination:
- 01Unpaid invoices, and fees for work done up to the end date, become due.
- 02We deliver the work completed to date once it is paid for.
- 03We remove our access to your accounts and return or delete your confidential information.
- 04The sections on payment, intellectual property, confidentiality, liability and governing law continue to apply.
These Terms are governed by the laws of the State of Tennessee, United States. We’d rather talk a problem through first; if we can’t resolve it, disputes will be settled by binding arbitration in Chattanooga, Tennessee.
We may update these Terms. The version and dates at the top change with them. Changes don’t affect an SOW you have already signed unless we both agree in writing.
Contact
- Entity
- Orchid Media LLC
- Address
- 110 Somerville Ave, Chattanooga, TN 37405, United States
- info@orchidmedia.io
- Privacy Policy
- orchidmedia.io/privacy
If you accept these Terms on behalf of a company or other organization, you confirm that you have authority to bind it, and “you” means that organization.