1. Acceptance and Binding Effect
These Terms of Service ("Terms") govern access to and use of the website and services provided by Hatch Craft Ads LLC ("Hatch Craft Ads," "we," "us," or "our"). By accessing our website, requesting services, signing a proposal, or continuing to use our services, you agree to be bound by these Terms and any applicable written service agreement, statement of work, or proposal.
2. Services and Engagement Structure
Hatch Craft Ads provides digital marketing strategy and execution services, which may include SEO, paid media management, social strategy, content marketing, analytics, and advisory support. Scope, deliverables, timelines, fees, and campaign responsibilities are defined in the applicable client agreement. No service is considered included unless expressly stated in writing.
3. Client Representations and Responsibilities
Client agrees to:
- Provide accurate and complete business information, approvals, credentials, and assets necessary for service delivery.
- Maintain legal rights to all materials provided to Hatch Craft Ads, including content, trademarks, media, and account access.
- Comply with all applicable laws, platform policies, and advertising regulations relevant to client campaigns.
- Respond to review and approval requests within agreed timelines to avoid delays.
4. Third-Party Platforms and Accounts
Services may involve third-party tools and platforms (for example search engines, social media networks, analytics software, and ad platforms). Client acknowledges that third-party terms, policy changes, algorithm updates, account restrictions, and platform outages are outside Hatch Craft Ads' control. We are not liable for third-party actions, suspensions, or policy enforcement decisions.
5. Fees, Billing, and Payment Terms
- Fees, payment schedules, and billing methods are specified in the governing proposal or agreement.
- Unless otherwise agreed, invoices are due on receipt and may be subject to late charges where legally permissible.
- Campaign media spend, software subscriptions, and third-party costs are typically billed separately unless expressly included.
- Non-payment may result in suspension or termination of services after reasonable notice.
6. Performance, Forecasts, and No Guaranteed Results
Marketing performance depends on external variables, including market conditions, competition, platform algorithms, seasonality, creative quality, pricing, and client-side operations. Any projections, benchmarks, estimates, or strategy recommendations are provided in good faith and do not constitute guarantees of specific outcomes, rankings, traffic, leads, or revenue.
7. Intellectual Property and License
Unless otherwise stated in writing:
- Client retains ownership of pre-existing client materials and brand assets.
- Hatch Craft Ads retains ownership of pre-existing tools, frameworks, methods, templates, scripts, and know-how.
- Upon full payment, client receives a non-exclusive license to use final deliverables created specifically for the client engagement, solely for lawful business purposes.
8. Confidentiality
Each party agrees to protect non-public and confidential information received from the other party and to use such information only for legitimate contract performance. Confidentiality obligations survive termination of the engagement, subject to legal disclosure requirements.
9. Data Protection and Security
Both parties will maintain commercially reasonable safeguards for account credentials, sensitive information, and campaign data. Client remains responsible for account ownership and access governance on its systems. Personal data handling is subject to our Privacy Policy and applicable agreements.
10. Warranties Disclaimer
To the maximum extent permitted by law, services and website content are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
To the extent permitted by law, Hatch Craft Ads LLC is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, lost data, or business interruption. Aggregate liability arising from or relating to services is limited to the amount actually paid by client to Hatch Craft Ads for the services giving rise to the claim during the three (3) months preceding the event, unless otherwise required by non-waivable law.
12. Indemnification
Client agrees to defend, indemnify, and hold harmless Hatch Craft Ads LLC and its personnel from third-party claims, liabilities, damages, and expenses arising from client-provided materials, client business practices, policy violations, or unlawful campaign instructions, except to the extent caused by Hatch Craft Ads' gross negligence or willful misconduct.
13. Term, Suspension, and Termination
Term length and termination notice periods are governed by the applicable client agreement. We may suspend or terminate services for material breach, non-payment, security concerns, or unlawful use. Upon termination, outstanding fees remain payable, and each party must return or destroy confidential information as required by contract or law.
14. Force Majeure
Neither party is liable for delay or failure to perform due to events beyond reasonable control, including acts of government, internet outages, cyber incidents, labor disruptions, natural disasters, or platform-wide service failures.
15. Governing Law and Dispute Resolution
These Terms are governed by applicable law in the jurisdiction where Hatch Craft Ads LLC is organized, unless superseded by a written agreement specifying venue and governing law. Parties agree to attempt good-faith resolution before initiating formal proceedings.
16. Modifications to Terms
We may update these Terms to reflect legal, operational, or service changes. Revised Terms become effective when posted on this page, unless a different effective date is stated. Continued use of website or services after updates constitutes acceptance of the revised Terms where permitted by law.
17. Contact
Questions regarding these Terms should be directed to amron@hatchcraftadsllc.com.