Terms of use for our website and services
Last updated: July 2026
These Terms and Conditions (hereinafter, the "Terms") govern the access, use of the website, and the hiring of services provided by Crescendo Digital Marketing Agency (hereinafter, "Crescendo" or the "Agency"). Crescendo is an agency specializing in digital marketing services, web development, automation, and strategic consulting, designed to drive the commercial growth of its clients. By accessing this website or contracting any of our services, you agree to be bound by the provisions set forth herein.
The use of this website, the formal acceptance of a commercial proposal, the full or partial payment of an invoice, the signing of a contract, or the continuation in receiving any of Crescendo's services constitutes the express, irrevocable, and unreserved acceptance of the entirety of these Terms and Conditions by the Client. If you do not agree with any of the clauses described herein, you must refrain from using the website and contracting the Agency's services.
Crescendo offers a comprehensive suite of digital solutions, including but not limited to, the following services:
The Client acknowledges and agrees that the features, tools, and methodologies of the services may change, be improved, updated, or removed at any time without prior notice, in order to optimize performance and adapt to technological market trends.
For the correct execution of the services, the Client assumes the exclusive responsibility to actively cooperate with the Agency, which strictly includes:
The Client expressly agrees that any delay, suspension, or failure in the delivery of services resulting directly from the breach of these responsibilities or the Client's lack of cooperation shall not, under any circumstances, be attributable to Crescendo, and shall not exempt the Client from their payment obligations.
The consideration for the contracted services shall be governed under the following financial conditions:
The Client acknowledges that Crescendo's primary operating model is based on monthly subscription services. Unless a different single payment scheme per project is expressly agreed upon through a contract signed by both parties, the commercial relationship will remain active continuously on a monthly basis.
The Client may request the cancellation of their subscription services in accordance with the following rules:
Crescendo enforces a strict no-refund policy. Because digital marketing services involve the immediate allocation of human resources, labor hours, and technical setup costs from the very beginning, payments already made by the Client are non-refundable once the corresponding period has started, unless the Agency's management decides otherwise in an exceptional case or a binding legal order dictates it.
Crescendo reserves the right to immediately suspend services, either temporarily or permanently, and restrict access to deliverables without the need for prior judicial demand, upon the verification of any of the following causes:
All deliverables, source codes, graphic designs, copy, creatives, information architectures, and strategies developed by Crescendo within the framework of the provision of services belong solely and exclusively to the Agency. Such intellectual property shall not be transferred to the Client until all issued invoices have been completely settled and paid in full.
To prevent ownership conflicts, the parties delimit the ownership of digital assets as follows:
The Client guarantees and declares under oath that they are the legitimate owner or possess the necessary licenses and authorizations for all text, photographs, videos, logos, trademarks, and any other content delivered to Crescendo for use in advertising campaigns or web design. The Client assumes full and exclusive legal responsibility for any third-party claims regarding copyright infringement, industrial property, or image rights related to such materials.
All technical, financial, commercial, operational, or strategic information shared between the parties during the term of the commercial relationship shall be considered strictly Confidential. Both parties agree not to disclose, reproduce, or make such information available to third parties without the prior written consent of the other party, an obligation that shall remain in effect indefinitely following the termination of services.
The Client recognizes that Crescendo's personnel represent a crucial investment for the success of its operations. Therefore, the Client formally agrees not to hire, solicit employment from, make direct or indirect job offers to, negotiate independently with, or attempt to establish any external business relationship with any employee, freelancer, designer, developer, account manager, consultant, vendor, or contractor associated with Crescendo. This restriction shall remain in effect for life, or for as long as the worker remains a part of the Crescendo team. In the event of a breach, the Client shall be obligated to indemnify the Agency for commercial damages.
The Client binds itself not to engage in acts of commercial evasion (Non-Circumvention), meaning they will not attempt to bypass or circumvent Crescendo to directly contract or do business with strategic vendors, platforms, or independent collaborators they met directly or indirectly through the Agency's intervention, introduction, or management.
To ensure transparency, accurate record-keeping, and the professionalism of the projects, all official communication regarding the services must be channeled exclusively through corporate communication channels authorized by Crescendo (such as institutional emails, ticketing systems, or the official CRM). Clients are strictly prohibited from contacting employees or collaborators via personal channels, including but not limited to:
Crescendo is not responsible for instructions provided through unauthorized channels.
The Client acknowledges that the Agency's work teams have undergone rigorous technical training and professional development under Crescendo's standard. Consequently, the Client agrees not to persuade, incentivize, induce, or coerce any member of the human team to leave their position at the Agency or provide services directly to the Client under an external arrangement.
The Client understands and accepts that digital marketing is subject to fluctuating market variables, user behavior, and technical decisions made by external corporations. Therefore, Crescendo does not guarantee the attainment of the number one (#1) position in organic search engines, a specific sales volume, an exact Return on Investment (ROI), a minimum number of phone calls, leads, clients, or website traffic. The metrics estimated in commercial proposals represent analytical performance goals, not promises of exact commercial results.
Crescendo utilizes advanced tools based on Artificial Intelligence (AI) for process optimization, preliminary copy generation, predictive analysis, and workflow automation. The Client acknowledges that AI models may generate technical inaccuracies or conceptual errors. Consequently, any deliverable containing elements generated by AI must be formally reviewed and validated by the Client before its publication or mass dissemination, releasing the Agency from any liability derived from such errors.
The Agency operates using the technical infrastructure of global platforms including Google, Meta (Facebook and Instagram), Microsoft, TikTok, Yelp, Apple, Bing, among others. The Client accepts that Crescendo has no control over the corporate guidelines, terms of use, or internal policies of these platforms. Therefore, the Agency shall not be civilly, criminally, or commercially liable for advertising account suspensions, delays in identity verification processes, temporary or permanent bans, unforeseen changes in ranking algorithms, or unjustified closures of business profiles executed by these external platforms.
Delivery schedules for web design and development projects are technical estimates. The timely execution of the development phases strictly depends on the prompt delivery of content (text, logos, access) and design approvals by the Client. Delays attributable to the Client will automatically extend final delivery deadlines.
Search Engine Optimization (SEO) is a medium and long-term technical discipline. The Client understands that variations in search rankings depend on continuous updates to Google's algorithm and the commercial activities of the Client's competitors, factors that are outside the Agency's control, which is why it is not possible to guarantee immediate or stable results over time.
The management of pay-per-click campaigns (Google Ads and Meta Ads) is conducted in strict compliance with the advertising policies in force for each provider. Crescendo does not control approval times or automatic ad rejections executed by Meta or Google's automated review systems, and commits only to making the necessary technical adjustments to remedy such events within what is commercially viable.
The implementation of workflows, marketing automations, and configurations in CRM systems depends on the operational stability of application programming interfaces (APIs) and third-party software platforms (such as Make, Zapier, Twilio, among others). Crescendo is not responsible for intermittent technical failures caused by updates to these applications, and clarifies that recurring technical maintenance services may require additional fees if specified.
To guarantee the highest standards of quality control, document the precise technical requirements of the projects, and maintain objective records in the event of future commercial disputes, the Client grants their express consent for Crescendo to record phone calls, consulting sessions, and virtual work meetings conducted through platforms such as Zoom, Google Meet, or Teams.
Unless otherwise expressly agreed upon in writing through a special Non-Disclosure Agreement (NDA), the Client grants Crescendo a non-exclusive, royalty-free, and perpetual right to display and include in its commercial portfolio, website, case studies, and corporate presentations the following elements: the Client's trade name, corporate logo, general performance statistics (without revealing critical financial data), screenshots of campaigns, advertising creatives, and webpages developed within the scope of the service.
To the maximum extent permitted by applicable law, Crescendo's total aggregate liability to the Client for any claim, demand, damage, loss, or contractual action arising from the provision of services shall be strictly limited to the total amount of money actually paid by the Client to the Agency during the month immediately preceding the event that gave rise to the claim. The Agency shall under no circumstances be liable for indirect, punitive, incidental, special, consequential damages, lost profits, loss of revenue, business interruption, or loss of business data suffered by the Client.
If the Client initiates an unjustified bank dispute or chargeback with their financial institution for service invoices that have already been effectively executed or started by the Agency:
All active services and access to linked digital assets will be suspended immediately and permanently.
Crescendo will present to the corresponding banks all contractual documentation, communication records, and proof of delivery backing the legitimacy of the service rendered.
The Agency reserves the right to pursue all pertinent legal, judicial, and extrajudicial actions to recover the owed amount, adding collection costs and incurred legal fees to the claim.
The Client agrees to defend, indemnify, and hold harmless Crescendo, its directors, employees, agents, and subcontractors, against any third-party claim, demand, costs, losses, liabilities, and expenses (including reasonable attorneys' fees) arising directly or indirectly from:
Crescendo shall not be considered in default or legally liable for delays, interruptions, or failures in the fulfillment of its contractual obligations due to Force Majeure events beyond its reasonable control. These events include but are not limited to: natural disasters (hurricanes, floods), widespread power outages, fires, states of war, acts of terrorism, declared pandemics or health crises, mass failures of internet service providers, large-scale cyberattacks, global outages of Google or Meta servers, and regulatory government actions or restrictions.
These Terms and Conditions, as well as any dispute or claim arising between the Client and the Agency, shall be governed, interpreted, and resolved exclusively in accordance with the internal laws of the State of Florida, United States of America, without giving effect to its conflict of law principles.
Any conflict, controversy, or claim arising out of or relating to these Terms must be resolved with priority through a good-faith negotiation process between the parties for a minimum period of thirty (30) days. If the parties fail to reach an amicable agreement within that period, the dispute shall be mandatorily submitted to a binding commercial mediation or arbitration process in the County corresponding to the Agency's headquarters, before resorting to the competent courts of law.
In the event that either party must bring legal, judicial, or arbitral action to interpret or enforce the provisions set forth herein, and to the extent permitted by law, the prevailing party in such proceeding shall have the legitimate right to recover from the other party all reasonable court costs and attorneys' fees incurred throughout the process.
The clauses and obligations contained in these Terms that by their intrinsic nature should continue to have legal effect beyond the termination of the commercial relationship shall remain fully effective indefinitely or for the term expressly indicated therein. This specifically includes sections regarding Confidentiality, Intellectual Property, Pending Payments, Limitation of Liability, Non-Solicitation of Personnel, and Dispute Resolution.
Crescendo reserves the exclusive right to update, modify, substitute, or amend these Terms and Conditions at any time when deemed necessary for operational, legal, or commercial reasons. All updated versions will take effect immediately upon their publication on this website. The Client is advised to periodically review this section to stay informed about their current rights and obligations.
For any questions, clarifications, formal notifications, or support requests related to these Terms and Conditions, you may make official contact with Crescendo Digital Marketing Agency through the following contact details: