Excala LLC – General Terms and Conditions of Service
These General Terms and Conditions govern the contractual relationship and the terms applicable to the services offered by Excala LLC (hereinafter, “Excala”), a Limited Liability Company registered in the State of Florida, United States, with operations in Venezuela and Latin America.
By contracting any of our services, the Client fully and unreservedly accepts these Terms and Conditions, which constitute the legal framework governing the relationship between the Client and Excala.
All content, documentation, strategies, creative materials, texts, audio, videos, images, scripts, advertising assets, templates, campaign structures, dashboards, internal documents, and work methodologies developed by Excala are the exclusive intellectual property of the company and are protected under industrial and intellectual property laws.
It is expressly acknowledged that:
The Client may not reproduce, modify, copy, distribute, commercialize, or disclose any Excala materials without prior written authorization.
Excala retains the right to reuse its own processes, structures, and templates in other projects, without such use constituting a violation of exclusivity or infringement of the Client’s rights.
All communication with Excala must take place through official written channels, such as email or authorized business messaging platforms (e.g., WhatsApp Business, Notion, email, or other approved tools).
Requests or instructions submitted outside of these official channels will not be considered valid or binding.
The Client agrees to:
Provide all required materials (texts, images, access credentials, logos, product or service information, etc.) on time and in the agreed format.
Respond to approval, revision, or feedback requests within the specified timeframe.
Maintain a professional, collaborative, and respectful relationship with the Excala team.
Excala shall not be held responsible for delays or non-performance resulting from lack of response, late submissions, or changes in direction by the Client.
All services are quoted in U.S. Dollars (USD) and may be adjusted according to market conditions, project scope, or associated costs.
4.1 Payment Terms
Partial or full payment of a service constitutes formal acceptance of the proposal and these Terms and Conditions.
Payments must be made through official methods indicated by Excala (bank transfer, PayPal, Stripe, or other authorized channels).
Payments made through non-approved methods will not be accepted.
4.2 Proposal Validity
All proposals and quotations issued by Excala remain valid for 30 calendar days from the date of issue, unless otherwise stated in writing.
4.3 Delays and Expiration
If the Client fails to provide required materials or feedback within 90 days of the contract date, Excala may terminate the service without refund, following written notice.
4.4 Scope Adjustments
Any modification, extension, or additional request not included in the original proposal will be treated as an additional service and must be quoted and approved in writing prior to execution.
Monthly or recurring services (e.g., social media management, advertising campaigns, consulting, or ongoing support programs) will be subject to the following:
Minimum term of three (3) months, unless otherwise agreed in writing.
Automatic monthly renewal, unless written notice of non-renewal is provided at least 30 days in advance.
Automatic charges or recurring billing will apply while the contractual relationship remains active.
Excala reserves the right to adjust renewal prices with at least 15 days’ written notice.
As Excala’s services involve time, strategy, personalized execution, and intellectual property, no refunds will be issued once work has begun or the first deliverable has been provided.
If the Client chooses to cancel the service before completion, any amounts paid will be non-refundable and considered compensation for the time, planning, and resources allocated.
Delivery timelines and execution depend on the type of service contracted and the Client’s compliance with material submissions and approvals.
Excala is committed to performing its services with professional standards; however, it does not guarantee specific financial results, metrics, or sales outcomes, as these depend on external factors (market conditions, advertising investment, the Client’s business operations, etc.).
A service will be considered delivered when:
The agreed scope outlined in the approved proposal has been fulfilled.
The Client has received access to, or delivery of, all agreed materials.
Both parties agree to maintain strict confidentiality regarding all technical, strategic, commercial, or sensitive information exchanged during the contractual relationship.
Excala may use project results or success stories solely for portfolio or institutional marketing purposes, without disclosing confidential or private Client information.
The collection and processing of personal data will comply with applicable data protection laws in the United States and Venezuela, and data will never be shared with third parties without express authorization.
Excala shall not be held liable for:
Economic losses, indirect damages, or loss of profits resulting from the use of its services.
Failures of external platforms (Meta, Google, servers, software, payment gateways, etc.).
Suspension or blocking of advertising accounts or other incidents beyond Excala’s control.
In any case, Excala’s total liability shall not exceed the total amount actually paid by the Client for the relevant service.
Excala may showcase completed projects (campaigns, brands, visual identities, videos, advertising results, or strategies) in its digital portfolio, website, or social media channels for professional promotion purposes, unless the Client expressly requests in writing that their case remain confidential.
Excala reserves the right to suspend or terminate service immediately in the following cases:
Non-payment or payment default.
Inappropriate, disrespectful, or defamatory conduct toward Excala’s team.
Violation of these Terms and Conditions.
Lack of response or material delivery for more than 30 consecutive days.
In such cases, no refunds will be issued.
These Terms shall be governed by the laws of the State of Florida, United States, without prejudice to the complementary application of Venezuelan law where relevant.
Any dispute shall first be resolved amicably. Failing such resolution, both parties agree to submit to the jurisdiction of the competent courts of the State of Florida, expressly waiving any other jurisdiction that may apply.
Excala may modify these Terms and Conditions at any time, with notice provided via publication on its website or written communication to the Client. Continued use of or engagement with the services following such notification constitutes acceptance of the revised Terms.
For inquiries or formal notifications, please contact:
Excala LLC
📧 hola@excalamarketing.com
🌐 excalamarketing.com
