Terms of Service

Fees: All fees for services will be specified in your service agreement or proposal. Fees may be structured as one-time payments, monthly retainers, or project-based pricing depending on the service.

Invoicing: Invoices will be issued according to the payment schedule outlined in your agreement. Monthly retainer fees are typically billed in advance at the beginning of each month.

Payment Methods: We accept payment via ACH transfer, credit card, or check. Payment is due within 15 days of invoice date unless otherwise specified.

Late Payments: A late fee of 1.5% per month (or the maximum allowed by law) may be charged on overdue balances. Services may be suspended for accounts with outstanding balances exceeding 30 days.

Refunds: Due to the nature of digital marketing services, refunds are evaluated on a case-by-case basis. Work already performed and delivered is non-refundable. Refund requests must be submitted in writing within 30 days of service delivery.

Third-Party Costs: Certain services may require third-party expenses (advertising spend, premium tools, stock imagery, etc.). These costs will be clearly communicated and are separate from our service fees. You are responsible for payment or reimbursement of approved third-party expenses.

Client Ownership: Upon full payment for services, you retain ownership of all final deliverables created specifically for you, including custom website designs, branded content, and marketing materials.

Company Ownership: We retain ownership of all proprietary processes, methodologies, templates, tools, and pre-existing intellectual property used in delivering our services. This includes our SEO strategies, analysis frameworks, and proprietary software.

Third-Party Materials: Any third-party materials (stock images, fonts, software, plugins) used in your project are subject to their respective licenses. You are responsible for maintaining compliance with these licenses.

Portfolio Rights: We reserve the right to showcase completed work in our portfolio, case studies, and marketing materials unless you request confidentiality in writing. We will respect reasonable confidentiality requests.

Client Materials: You grant us a non-exclusive, royalty-free license to use your brand assets, content, and materials solely for the purpose of providing services under our agreement.

Performance Standards: We commit to delivering high-quality services using industry best practices and our 18+ years of expertise. However, digital marketing results are influenced by numerous factors beyond our control.

No Guaranteed Results: While we work diligently to improve your digital presence, we cannot guarantee specific rankings, traffic levels, conversion rates, or revenue increases. SEO, advertising, and marketing outcomes depend on search engine algorithms, market conditions, competition, and other external factors.

Third-Party Platforms: Services involving third-party platforms (Google, social media, advertising networks) are subject to those platforms' terms, policies, and algorithm changes. We are not responsible for platform policy changes, account suspensions, or algorithm updates beyond our control.

Website Disclaimer: While we strive for accuracy, information on our website may contain technical inaccuracies or typographical errors. We reserve the right to make changes to our service offerings, pricing, and policies without prior notice.

As-Is Services: Services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Term: Services commence upon execution of a service agreement and continue for the term specified in that agreement. Monthly retainer services typically require a minimum 3-month commitment unless otherwise specified.

Termination by Client: You may terminate services by providing 30 days written notice. Early termination of fixed-term contracts may result in early termination fees as outlined in your service agreement. You remain responsible for payment of all services rendered through the termination date.

Termination by Company: We reserve the right to terminate services with 30 days notice, or immediately for cause including: non-payment, breach of Terms, fraudulent activity, or circumstances that make service delivery impractical.

Post-Termination: Upon termination, we will provide you with final deliverables for paid services. Access to proprietary tools, reporting dashboards, and ongoing support will cease. You remain responsible for any outstanding payments. Confidentiality obligations and intellectual property provisions survive termination.

Transition Assistance: We may provide reasonable transition assistance (data export, knowledge transfer) at our standard hourly rates if requested within 30 days of termination.

Informal Resolution: In the event of any dispute, both parties agree to first attempt informal resolution through good-faith negotiation. Either party may initiate this process by providing written notice describing the dispute.

Mediation: If informal resolution is unsuccessful within 30 days, the parties agree to participate in mediation before pursuing other remedies. Mediation costs will be shared equally.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Shasta County, California, and you consent to personal jurisdiction in such courts.

Class Action Waiver: You agree to bring any dispute in your individual capacity and not as part of any class, consolidated, or representative action.

Entire Agreement: These Terms, together with any service agreements or statements of work, constitute the entire agreement between you and Headflood Marketing regarding our services.

Amendments: We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through our website. Continued use of services after changes constitutes acceptance.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Independent Contractors: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.