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UPDATED 4/2/2025

TERMS AND CONDITIONS

TERMS & CONDITIONS

Terms and Conditions ("Terms of Use") These Terms of Use govern your use of the Rambunctious Rhino website (the "Site") and any digital marketing services we provide to Clients. By accessing our Site or using our services, you agree to these terms. If you do not agree, please discontinue using the Site and our services.

Definitions "Users" refers to individuals visiting and interacting with our Site. "Clients" refers to individuals or entities engaging in our digital marketing services.

  1. Changes to Terms and Conditions
    • Rambunctious Rhino reserves the right to modify these Terms and Conditions, including our Privacy Policy, at any time. Any changes will either be effective immediately upon posting or after reasonable notice, depending on the significance of the change. Continued use of the Site or services after this period implies acceptance of the revised terms.
  2. Scope of Services
    • The specific scope of services provided to each Client will be outlined in a Statement of Work (SOW), Proposal, or Contract Agreement. Services outside the agreed scope may incur additional charges.
  3. Intellectual Property Rights
    • All information, content, and services on the Site—including text, images, software, and other creative materials created by Rambunctious Rhino—are owned by Rambunctious Rhino or licensed from third parties. Content is for personal, non-commercial use by Users and may not be copied, redistributed, or used to create derivative works without prior permission. For Clients, content created as part of our services remains the property of Rambunctious Rhino unless explicitly agreed otherwise in writing.
  4. Service Disclaimer for Clients
    • Rambunctious Rhino provides digital advertising and marketing services but makes no guarantees regarding specific outcomes or performance. All services are provided on an "as-is" basis, and we disclaim any implied warranties related to results, such as SEO rankings or ad performance. Campaign results are affected by various factors beyond our control, including market conditions, user behavior, and third-party platforms.
  5. Performance Reporting and Attribution
    • Performance data is collected from third-party platforms (e.g., Meta Ads Manager, Google Ads, Programmatic DSPs) and may differ from analytics platforms such as GA4 due to attribution models and tracking discrepancies. Rambunctious Rhino is not responsible for discrepancies between platforms and reporting software.
  6. Limitation of Liability
    • Rambunctious Rhino is not liable for issues arising from third-party platforms or technologies used during campaigns, including but not limited to social media, search engines, and other digital advertising platforms. Liability for claims related to our services is limited to the total amount paid by the client for those services. We disclaim liability for data breaches, service interruptions, or losses caused by third-party platforms, and we encourage Clients to review each platform’s terms and privacy policies.
  7. Third-Party Tool Fees & Licenses
    • Some services may require third-party subscriptions or software. Any fees for third-party tools required to execute the Client’s campaign will be communicated in advance and billed separately unless otherwise specified.
  8. Membership, Registration, and Termination
    • Some Site features may require User registration. Members are responsible for all activities conducted under their account and must keep passwords confidential. Rambunctious Rhino reserves the right to terminate any membership at its discretion, including in cases of violation of these Terms.
  9. License to Rambunctious Rhino
    • By submitting any material to our Site, including comments, suggestions, or multimedia content, you grant Rambunctious Rhino an irrevocable, royalty-free, perpetual, non-exclusive right to use, modify, distribute, and create derivative works from such material across all media.
  10. Use of Campaign Performance Data
    • Rambunctious Rhino reserves the right to use anonymized data and performance statistics from client campaigns for promotional or analytical purposes, ensuring that no identifiable client or end-user information is shared. Rambunctious Rhino may also showcase general work, designs, and campaign results (excluding confidential or proprietary data) in its portfolio, website, or marketing materials unless otherwise agreed in writing. Clients may request in writing to opt out of portfolio or case study inclusion at any time.
  11. Data Protection and Privacy
    • Rambunctious Rhino respects your privacy and works with third-party platforms compliant with relevant privacy regulations (such as GDPR and CCPA). However, Rambunctious Rhino is not responsible for any data breaches, misuse, or unauthorized access occurring within these third-party platforms. Clients and Users should review each platform's privacy policies for specific protections. Rambunctious Rhino's own data-handling practices are detailed in our Privacy Policy.
  12. Indemnification
    • By using Rambunctious Rhino's services, Users and Clients agree to indemnify and hold us harmless from any claims, damages, liabilities, or expenses arising from their use of the services or any breach of these Terms. The Client also represents that all materials provided to Rambunctious Rhino do not infringe on third-party copyrights or trademarks and agrees to indemnify and hold harmless Rambunctious Rhino for any claims arising from such materials.
  13. Prohibited Activities
    • Users and Clients are prohibited from engaging in illegal or unauthorized activities on our Site, including but not limited to spamming, IP violations, and unauthorized content use. Rambunctious Rhino reserves the right to terminate access to the Site or services for any prohibited activities.
  14. Force Majeure
    • Rambunctious Rhino is not liable for service interruptions due to circumstances beyond our control, such as natural disasters, internet outages, or governmental actions, including outages or failures of third-party platforms (e.g., Meta, Google Ads), hosting providers, or data centers.
  15. Dispute Resolution and Jurisdiction
    • This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada or Colorado, without regard to its conflict of law provisions. All disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.
  16. No Refund Policy
    • Once services are initiated, Rambunctious Rhino has a no-refund policy for digital marketing services, except in cases of gross negligence or material breach by Rambunctious Rhino, as determined at our sole discretion. 
  17. Responsibility for Content You Submit
    • You are responsible for the content you submit to us, including ensuring that you have the necessary permissions and rights. For content featuring minors, such as photos or videos, appropriate permissions, including parental consent, are required.
  18. Revisions and Rounds Policy
    • Each creative deliverable includes up to two (2) rounds of revisions unless otherwise agreed upon in writing. Additional revisions may be billed at an hourly rate.
  19. Links to Third-Party Sites
    • Our Site may include links to third-party sites for convenience. Rambunctious Rhino does not endorse or take responsibility for the content, accuracy, or services provided by these external sites.
  20. Mobile Services
    • Certain Site features may be accessible via mobile devices, and Users are responsible for any standard carrier messaging and data rates that may apply.
  21. Creative Approval Process
    • Clients agree to the creative review process outlined in the contract agreement, including any specific timelines and feedback protocols. Rambunctious Rhino will provide a creative proof for approval, and the client must provide feedback within three (3) business days. If feedback is not received within this time, the creative will be considered approved. Additional changes beyond this point may incur extra fees or delays. This process ensures clarity and efficiency in campaign execution.
  22. SOPs Agreement
    • Clients agree to adhere to the Standard Operating Procedures (SOPs) provided as part of the contract agreement. These SOPs are designed to streamline communication, maintain high service standards, and ensure the successful execution of our services. Any deviation from these SOPs must be mutually agreed upon in writing.
  23. Disclaimer of Accuracy and Limitation of Liability
    • All content on our Site is provided "as-is" without warranties of accuracy or completeness. Rambunctious Rhino disclaims liability for any indirect, incidental, or consequential damages arising from inaccuracies, even if advised of potential damages.
  24. Contract Renewal
    • Unless otherwise specified in writing, all service contracts will automatically renew at the end of the current term. Clients must provide written notice of intent not to renew at least sixty (60) days prior to the renewal date to avoid automatic renewal.
  25. Cancellation Policy
    • Any campaign cancellations made without sixty (60) days’ prior written notice will be subject to a cancellation fee equal to fifty percent (50%) of the monthly gross campaign budget.
  26. Confidentiality
    • Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the engagement. This obligation survives the termination of the agreement for a period of three (3) years, unless otherwise required by law.
  27. Non-Solicitation
    • Clients agree not to directly or indirectly solicit or hire Rambunctious Rhino employees or contractors during the term of this agreement.
  28. Contract Hierarchy
    • In the event of any conflict between these Terms and any specific agreement or Statement of Work (SOW) entered into by the Client and Rambunctious Rhino, the terms of the SOW shall control.
  29. Subcontractors
    • Rambunctious Rhino reserves the right to engage subcontractors in the delivery of services and will remain liable for their performance in accordance with these Terms.
  30. Warranties and Representations
    • Each party warrants that it has the legal right and authority to enter into this agreement and fulfill its obligations under these Terms.
  31. Client Responsibilities
    • The Client agrees to provide all necessary information, approvals, and assets required for the execution of services. Rambunctious Rhino shall not be held responsible for delays or performance issues caused by the Client’s failure to provide such materials in a timely manner.
  32. Compliance with Advertising Laws
    • Clients are responsible for ensuring that all content and claims submitted for advertising comply with applicable laws and regulations. Rambunctious Rhino will not be liable for any legal consequences resulting from non-compliant materials provided by the Client.
  33. Non-Disparagement
    • Clients agree not to make any public statements or communications, including on social media, that may be considered disparaging or damaging to Rambunctious Rhino, its services, or employees, without first seeking resolution through direct communication.
  34. Third-Party Platform Compliance
    • Clients are solely responsible for ensuring compliance with the terms of any third-party platforms (e.g., Meta, Google, TikTok, Programmatic DSPs). Rambunctious Rhino will not be liable for account suspensions, ad rejections, or penalties due to client violations.
  35. Electronic Signatures
    • By engaging Rambunctious Rhino's services, you consent to the use of electronic signatures, contracts, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through our platform or via email or text.

These Terms constitute the entire agreement between you and Rambunctious Rhino, superseding any prior agreements. If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force and effect.

Survival Clause Sections pertaining to confidentiality, indemnification, intellectual property, limitation of liability, payment obligations, dispute resolution, and electronic signature shall survive the termination or expiration of this agreement.

CREDIT TERMS & CONDITIONS

  1. Introduction These Credit Terms and Conditions govern the extension of credit by Rambunctious Rhino, LLC ("the Agency") to its clients ("the Client").
  2. Credit Approval and Payment Terms
    • New Accounts: All new accounts shall operate on a pre-pay basis until credit approval is granted by the Agency.
    • Payment Methods: The Agency accepts payments via ACH, checks, and credit cards.
    • Credit Card Processing Fee: A processing fee of 4% will be applied to payments made via credit card.
    • Invoice Disputes: The Client must raise any disputes related to invoice charges in writing within 15 days of the invoice date.
    • Late Payment Penalty: Invoices outstanding for 30 days or more will accrue interest at a rate of 5% per month, compounded monthly.
  1. Order Confirmation
    • The Client agrees that orders confirmed via email, text message, or phone call constitute official and binding requests for services.
  2. Credit Limit and Review
    • The Agency will assign a credit limit to each Client, subject to periodic review and adjustment based on the Client's financial standing and payment history.
  3. Suspension of Services
    • Failure to comply with payment terms may result in the suspension of services until the outstanding balance is cleared.
  4. Termination of Credit
    • The Agency reserves the right to terminate the credit arrangement at any time with at least five (5) business days' prior written notification.
  5. Collections and Legal Fees
    • In the event of non-payment or breach of these Terms, the Client agrees to be responsible for all reasonable costs of collection, including attorney’s fees, court costs, and any other related expenses incurred by Rambunctious Rhino in the enforcement of its rights.
  6. Electronic Communications and Approvals
    • The Client agrees that electronic communications, including emails and text messages, constitute legally binding written agreements. These may be used for approvals, confirmations of services, contract amendments, or any other communication relevant to the scope of services.
  7. Personal Guarantees
    • The Agency reserves the right to request a personal guarantee from business owners prior to extending credit.

These Terms constitute the entire agreement between you and Rambunctious Rhino, superseding any prior agreements. If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force and effect.