Terms of Service

Effective Date: May 1, 2025  |  Last Updated: May 1, 2025

These Terms of Service (“Terms”) govern your access to and use of the website https://3rdunicorn.com (the “Site”) and the digital marketing services (the “Services”) offered by 3rd Unicorn (“Company,” “we,” “us,” or “our”). By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.

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1. Acceptance of Terms

By visiting our Site, submitting an enquiry, signing a service agreement, or making a payment, you confirm that:

• You are at least 18 years of age or have the legal authority to enter into binding agreements on behalf of a business entity.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• You have the authority to bind any entity on whose behalf you are acting.

We reserve the right to modify these Terms at any time. Changes take effect upon posting to the Site. Continued use of the Site or Services after changes constitutes acceptance of the revised Terms.

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2. Description of Services

3rd Unicorn provides professional digital marketing services, including but not limited to:

The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate written service agreement or proposal accepted by both parties. In the event of conflict, the specific service agreement prevails over these Terms.

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3. Payment Terms

3.1 Fees

Fees are as specified in your service agreement or proposal. All fees are quoted in the agreed currency and are exclusive of applicable taxes unless stated otherwise.

3.2 Invoicing and Payment

• Invoices are issued monthly in advance unless otherwise agreed in writing.
• Payment is due within 7 days of invoice date unless otherwise specified.
• Retainer-based services must be paid before the commencement of each month’s work.
• Accepted payment methods will be specified in your service agreement.

3.3 Late Payments

We reserve the right to suspend or pause Services if payment is not received within 14 days of the due date. A late payment fee of 2% per month may be applied to overdue balances. We are not liable for any losses or damages arising from a service suspension due to non-payment.

3.4 Refunds

All fees paid for Services rendered are non-refundable unless we are in material breach of the service agreement. Refund requests must be submitted in writing within 14 days of the disputed invoice date.

3.5 Ad Spend

Where we manage paid advertising campaigns, the client is responsible for all third-party ad spend (e.g., Google Ads budget, Meta Ads budget). Our management fees are separate from and in addition to any ad spend.

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4. Client Responsibilities

To enable us to deliver Services effectively, you agree to:

• Provide timely access to accounts, platforms, and assets required for the Services (e.g., Google Analytics, website CMS, ad accounts).
• Supply accurate, complete, and up-to-date information about your business, products, and target audience.
• Respond to requests for approvals, feedback, or information within a reasonable timeframe (typically 3–5 business days).
• Ensure that any content, materials, or assets you provide do not infringe third-party rights.
• Notify us promptly of any changes to your business that may affect the Services.

We are not liable for delays or underperformance caused by your failure to fulfil these responsibilities.

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5. Intellectual Property

5.1 Our Intellectual Property

All content on this Site — including text, graphics, logos, icons, images, audio clips, and software — is the property of 3rd Unicorn or its content suppliers and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

5.2 Work Product

Upon receipt of full payment for Services, all deliverables created specifically for you (e.g., ad copy, content, reports) are owned by you. We retain the right to display these deliverables in our portfolio unless you request otherwise in writing. We retain ownership of all tools, methodologies, templates, and background IP used in delivering the Services.

5.3 Your Licence to Us

By providing us with content, assets, or materials to use in delivering the Services, you grant us a non-exclusive, royalty-free licence to use, adapt, and reproduce such materials solely for the purpose of performing the Services.

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6. Confidentiality

Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the engagement (“Confidential Information”). Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law. This obligation survives termination of the service agreement.

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7. Limitation of Liability

To the fullest extent permitted by applicable law:

• Our total liability to you for any claim arising out of or related to the Services shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption.
• We are not liable for the actions, decisions, or policies of third-party platforms (Google, Meta, etc.) that affect campaign performance.
• We are not liable for any penalties imposed by search engines as a result of pre-existing site issues or actions taken outside our scope of work.

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8. Termination

Either party may terminate a service engagement with 30 days’ written notice, unless a different notice period is specified in the service agreement. In the event of termination:

• You remain liable for all fees incurred up to the effective termination date.
• We will provide a transition handover of any client-owned assets, accounts, and data within 14 days of termination.
• Either party may terminate immediately for material breach if the breach is not remedied within 14 days of written notice.

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9. Disclaimer of Warranties

The Site and its content are provided “as is” and “as available” without warranty of any kind, express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be error-free, uninterrupted, or free of viruses or other harmful components.

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10. Governing Law & Dispute Resolution

These Terms and any disputes arising under them shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh, without regard to its conflict of law provisions.

Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the competent courts of Sherpur, Bangladesh. Both parties agree to attempt good-faith negotiation before initiating formal legal proceedings.

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11. Entire Agreement

These Terms, together with any applicable service agreement, proposal, and our Privacy Policy, constitute the entire agreement between you and 3rd Unicorn regarding the subject matter herein and supersede all prior agreements, communications, and understandings.

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12. Contact Us

Questions about these Terms? Get in touch: