Terms of Service
1. Agreement to Terms
By engaging the services of Eric McHorney Hair LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Eric McHorney Hair LLC. If you do not agree with all of these Terms, you are prohibited from using our services.
2. Digital Marketing Service Conditions
Eric McHorney Hair LLC agrees to provide the Client with digital marketing services as detailed in a separate Statement of Work (SOW) or service agreement. Services may include but are not limited to Search Engine Optimization (SEO), Pay-Per-Click (PPC) management, Social Media Marketing (SMM), and Content Marketing.
- Client Responsibilities: The Client agrees to provide all necessary access to information, accounts, and digital assets required for Eric McHorney Hair LLC to perform the services. This includes access to website backends, hosting, social media accounts, and advertising platforms. Delays in providing this access may result in delays in service delivery.
- Third-Party Platforms: Our services rely on third-party platforms such as Google, Facebook, and others. The Client acknowledges that Eric McHorney Hair LLC has no control over the policies and practices of these third parties. Changes to these platforms may affect campaign performance, and Eric McHorney Hair LLC is not responsible for such changes.
3. Timelines and Deliverables
Project timelines and specific deliverables will be outlined in the SOW. While Eric McHorney Hair LLC will make every effort to meet the projected timelines, the Client acknowledges that digital marketing results are not instantaneous and can be influenced by factors beyond our control, including search engine algorithm updates and competitor activity. All timelines provided are good-faith estimates.
4. Payment Terms
Payment for services will be governed by the terms specified in the SOW or invoice provided to the Client.
- Fees: The Client agrees to pay the fees for the services in the amount and on the schedule set forth in the SOW. Most services are billed on a recurring monthly basis.
- Invoicing: Invoices will be sent electronically and are due upon receipt unless otherwise specified.
- Late Payments: Payments not received within 30 days of the invoice date will be considered overdue. Eric McHorney Hair LLC reserves the right to pause all services and charge a late fee on overdue balances.
- Ad Spend: All advertising spend for PPC campaigns (e.g., Google Ads, Facebook Ads) is the direct responsibility of the Client and will be paid directly to the respective advertising platform.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the business relationship. This includes campaign strategies, business processes, and performance data. This obligation of confidentiality will survive the termination of our service agreement.
6. Intellectual Property
Any pre-existing intellectual property shall remain the sole property of its respective owner. All content, creative assets, and campaign materials created by Eric McHorney Hair LLC specifically for the Client as part of the services shall become the property of the Client upon full payment for the relevant services.
7. Limitation of Liability and Legal Disclaimers
Eric McHorney Hair LLC will perform its services with reasonable skill and care. However, we make no guarantees regarding specific results, rankings, traffic increases, or revenue generation. The digital marketing landscape is constantly changing, and past performance is not indicative of future results.
In no event shall Eric McHorney Hair LLC or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising.
8. Termination
Either party may terminate the service agreement with 30 days written notice. Upon termination, the Client is responsible for all fees incurred up to the date of termination. Eric McHorney Hair LLC will cooperate in the orderly transfer of any account access or data to the Client.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Eric McHorney Hair LLC is registered, without regard to its conflict of law principles.
10. Modifications to Terms
Eric McHorney Hair LLC reserves the right to modify these Terms at any time. We will notify clients of any significant changes. Your continued use of our services after such modifications will constitute your acknowledgment and acceptance of the modified Terms.