Terms of Service

Effective Date: 8/2/2026
Company: HOMErun Digital Marketing
Website: [Website URL]

These Terms of Service (“Terms”) govern your use of [Company Name]’s digital marketing services, website, proposals, and deliverables. By engaging us, you agree to these Terms.

1. Services

We provide digital marketing services as described in an approved proposal, statement of work, or service agreement (“SOW”). Services may include advertising, search engine optimization, social media management, content creation, email marketing, website work, analytics, consulting, or related services.

Any work not listed in the applicable SOW is outside the scope of services and may require a separate fee and written approval.

2. Client Responsibilities

You agree to:

Provide accurate, complete, and timely information, access, approvals, and materials needed for us to perform the services

Obtain all rights, licenses, permissions, and consents for materials you provide to us

Ensure that your products, services, advertising claims, website content, and business practices comply with applicable laws and platform policies

Review and approve or reject submitted work promptly

Maintain ownership and control of your advertising accounts, website domains, social-media accounts, and other business accounts unless otherwise agreed in writing

We are not responsible for delays, errors, or missed opportunities caused by incomplete information, late approvals, unavailable access, or client-provided materials.

3. Fees and Payment

Fees, payment schedules, and expenses are stated in the applicable SOW or invoice.

Invoices are due within [15/30] days of the invoice date unless otherwise stated.

Late payments may be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.

You are responsible for advertising spend, third-party software, platform fees, stock assets, hosting, and other approved third-party costs unless the SOW states otherwise.

We may pause work, campaigns, access, or deliverables if payment is overdue.

Fees paid for completed work, reserved capacity, setup work, or monthly services are nonrefundable except where required by law.

4. Advertising Platforms and Results

Digital marketing results depend on many factors outside our control, including competition, consumer behavior, platform policies, algorithms, budgets, website performance, seasonality, and market conditions.

We do not guarantee:

Rankings in search engines

Specific traffic, leads, sales, revenue, conversion rates, or return on ad spend

Approval, placement, delivery, or continued availability of advertisements

Uninterrupted access to third-party platforms or accounts

Google, Meta, LinkedIn, TikTok, email providers, and other platforms may change their rules, pricing, systems, or policies at any time. We are not liable for those changes or for a platform’s suspension, rejection, limitation, or removal of any account, ad, content, or campaign.

5. Approvals and Changes

Your written approval by email, project-management platform, text message, or other agreed method authorizes us to proceed with the applicable work.

Requests that materially change the agreed scope, timeline, strategy, creative direction, or deliverables may require a revised timeline and additional fees. We are not required to begin out-of-scope work without written approval.

6. Intellectual Property

Each party retains ownership of its pre-existing intellectual property, including trademarks, logos, processes, templates, software, and proprietary materials.

After full payment, you own the final custom deliverables specifically created for you under the SOW, unless the SOW states otherwise. We retain ownership of our tools, templates, processes, strategies, working files, drafts, reports, know-how, and other materials developed independently of your project.

We may use generalized, non-confidential knowledge and methods gained while providing services.

Unless you notify us in writing otherwise, you grant us permission to identify your company as a client and display non-confidential completed work, campaign results, or testimonials in our portfolio and marketing materials.

7. Confidentiality

Each party may receive confidential information from the other. Each party agrees to use that information only to perform or receive services and to protect it using reasonable care.

Confidential information does not include information that is publicly available, independently developed, already known without a duty of confidentiality, or lawfully received from another source.

8. Data and Privacy

You are responsible for maintaining a legally compliant privacy policy, cookie notice, consent process, and data-collection practices for your website and campaigns.

If we access personal information on your behalf, we will use it only as necessary to provide services and as required by law. You remain responsible for obtaining any legally required consent for email, SMS, cookies, tracking technologies, remarketing, and similar marketing activities.

9. Prohibited Use

You may not use our services to promote or support unlawful, deceptive, fraudulent, abusive, discriminatory, infringing, or harmful activities.

We may refuse, pause, or terminate services if we reasonably believe your business, content, instructions, or campaign violates applicable law, third-party rights, platform policies, or these Terms.

10. Termination

Either party may terminate an ongoing service arrangement by providing days’ written notice unless the SOW states otherwise.

We may terminate or suspend services immediately for nonpayment, material breach, unlawful conduct, harassment, misuse of services, or conduct that may expose us to legal, reputational, or platform risk.

Upon termination:

You must pay all outstanding fees and approved expenses through the termination date.

We will provide completed, paid-for deliverables as required by the SOW.

Access to our proprietary tools, accounts, subscriptions, and internal systems may end.

Any prepaid recurring fees are nonrefundable unless the SOW states otherwise.

11. Disclaimer of Warranties

Our services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free service.

12. Limitation of Liability

To the fullest extent permitted by law, [Company Name] will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill.

Our total liability arising out of or related to the services or these Terms will not exceed the amount you paid us for the services giving rise to the claim during the three months before the event that caused the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless [Company Name], its owners, employees, contractors, and affiliates from claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising from:

Your business, products, services, website, or advertising claims

Materials, data, content, or instructions you provide

Your violation of law, platform policies, or third-party rights

Your breach of these Terms or the applicable SOW

14. Governing Law and Disputes

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law principles.

Before filing a legal claim, each party agrees to make a good-faith effort to resolve the dispute informally. Any legal action must be brought in the state or federal courts located in [County, State], and both parties consent to that jurisdiction and venue.

15. General Terms

These Terms, together with any applicable SOW, proposal, or invoice, are the entire agreement between you and [Company Name] regarding the services.

If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of that provision. You may not assign your rights or obligations without our written consent. We may use subcontractors to provide services while remaining responsible for their work.

We may update these Terms from time to time. Updated Terms apply when posted on our website or otherwise provided to you.

16. Contact

For questions about these Terms, contact:

HOMErun Digital Marketing
[email protected]
213-444-6578