Introduction
This document outlines the Terms and Conditions (“Terms”) governing your use of the services provided by Marketing Hub (“Company,” “we,” “us,” or “our”), a digital marketing company operating through the website https://marktinghub.com/ (“Website”). By accessing or using our Website or engaging our services, you (“Client,” “you,” or “your”) signify your agreement to be bound by these Terms and all other policies referenced herein. If you do not agree to these Terms, you must not access or use our Website or services. These Terms constitute a legally binding agreement between you and Marketing Hub.
Definitions
For the purpose of these Terms, the following definitions shall apply:
“Services” refers to the digital marketing services provided by Marketing Hub, including but not limited to search engine optimization (SEO), social media marketing, content marketing, pay-per-click (PPC) advertising, website design, and analytics.
“Client Content” refers to all data, information, trademarks, logos, photographs, videos, text, and other materials provided by the Client to Marketing Hub for the purpose of performing the Services.
“Marketing Hub Intellectual Property” refers to all intellectual property owned by Marketing Hub, including but not limited to its methodologies, software, tools, templates, processes, and any work product developed by Marketing Hub independently or in the course of providing Services, excluding Client Content.
“Effective Date” refers to the date upon which you first access or use our Website or engage our Services.
Provision of Services
Marketing Hub agrees to provide the digital marketing services as mutually agreed upon in a separate service agreement, proposal, or statement of work (“Service Agreement”). All Services shall be performed in a professional and workmanlike manner, in accordance with industry standards. While Marketing Hub will use its best efforts to achieve the Client’s marketing objectives, the Company makes no guarantees or warranties regarding specific outcomes, rankings, conversions, sales, or any other performance metrics, as these are influenced by various factors beyond the Company’s control, including market conditions, competitor activities, and changes in search engine algorithms.
Client Responsibilities
The Client agrees to cooperate fully with Marketing Hub in the performance of the Services. This includes, but is not limited to, providing timely access to all necessary Client Content, website backend access, advertising accounts, and analytical data as reasonably requested by Marketing Hub. The Client warrants that all Client Content provided to Marketing Hub is accurate, does not infringe upon the intellectual property rights of any third party, and complies with all applicable laws and regulations. The Client is solely responsible for ensuring the legality and accuracy of all Client Content. Any delays in the provision of Client Content or necessary access may impact the timeline and effectiveness of the Services, and Marketing Hub shall not be liable for such delays.
Payment Terms
All fees for Services shall be as specified in the applicable Service Agreement. Unless otherwise agreed, payments are due upon receipt of invoice. Marketing Hub reserves the right to suspend or terminate Services immediately if payment is not received by the due date. The Client shall be responsible for all applicable taxes, including sales, use, and value-added taxes, arising from the Services. Overdue accounts may be subject to interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, calculated from the due date until the date of full payment. All fees paid are non-refundable unless expressly stated otherwise in the Service Agreement.
Intellectual Property Rights
Upon full payment for Services, any original creative works, specifically designed for the Client and delivered as part of the Services (e.g., ad copy, unique graphics, website content), shall become the property of the Client. Notwithstanding the foregoing, Marketing Hub retains all intellectual property rights in its proprietary methodologies, software, tools, templates, and general knowledge and expertise developed or utilized in the provision of Services. Client Content remains the exclusive property of the Client. The Client grants Marketing Hub a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services and for Marketing Hub’s internal marketing and portfolio demonstration purposes, unless otherwise agreed in writing.
Confidentiality
Both Marketing Hub and the Client agree to maintain the confidentiality of all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that, by its nature, would reasonably be understood to be confidential (“Confidential Information”). Confidential Information shall not include information that is publicly available, independently developed by the receiving party, or rightfully obtained from a third party without restriction. Each party shall use the same degree of care to protect the other’s Confidential Information as it uses to protect its own similar information, but in no event less than a reasonable degree of care. This obligation of confidentiality shall survive the termination of these Terms.
Disclaimer of Warranties
The Website and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Marketing Hub does not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Marketing Hub makes no warranty that the results that may be obtained from the use of the Services will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Marketing Hub, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website or Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall Marketing Hub’s aggregate liability for any and all claims arising out of or related to these Terms or the Services exceed the total amount paid by the Client to Marketing Hub for the specific Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Marketing Hub and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Website and Services, by you or any person using your account and password; (b) a breach of these Terms, including any representation or warranty made herein; (c) your violation of any rights of a third party, including without limitation any intellectual property right or privacy right; or (d) any claim that your Client Content caused damage to a third party.
Termination
Either party may terminate these Terms and any Service Agreement upon written notice if the other party materially breaches any provision of these Terms or the Service Agreement and fails to cure such breach within thirty (30) days of receiving written notice thereof. Marketing Hub may also terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination for any reason, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership, confidentiality, warranty disclaimers, indemnity, and limitations of liability. All outstanding fees for Services rendered up to the date of termination shall become immediately due and payable.
Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of [Jurisdiction, e.g., the State of California, United States], without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations within a reasonable period, they agree to first attempt to settle the dispute by mediation administered by [e.g., the American Arbitration Association] under its Commercial Mediation Procedures before resorting to arbitration, litigation, or any other dispute resolution procedure. If mediation is unsuccessful, the dispute shall be finally settled by arbitration administered by [e.g., the American Arbitration Association] in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in [City, State, e.g., San Francisco, California].
Changes to Terms
Marketing Hub reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Entire Agreement
These Terms, together with any Service Agreement, proposal, or statement of work specifically referencing these Terms, constitute the entire agreement between you and Marketing Hub regarding your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Contact Information
If you have any questions about these Terms, please contact us at:
Marketing Hub
Website: https://marktinghub.com/
Email: info@marktinghub.com