Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Huezo Digital Marketing LLC (“Company,” “we,” “us,” or “our”), a California limited liability company located at 1721 Bonita Ave, Burbank, CA 91504.
By accessing our website, requesting a consultation, or engaging our digital marketing services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
These Terms apply to all services provided by Huezo Digital Marketing LLC, including but not limited to search engine optimization, Google Ads management, content marketing, social media marketing, email marketing, website optimization, marketing automation, brand strategy, and analytics and reporting services.
Marketing Services
Huezo Digital Marketing LLC provides professional digital marketing services as described in individual service agreements, proposals, and statements of work (“SOW”) agreed upon by both parties. The specific services to be provided, deliverables, timelines, and fees will be set forth in a written proposal or SOW that forms part of these Terms.
Service Standards
We agree to perform all services in a professional and workmanlike manner consistent with industry standards. We will use commercially reasonable efforts to achieve the goals outlined in your service agreement. However, we cannot and do not guarantee specific rankings, traffic levels, conversion rates, or revenue outcomes, as these depend on factors outside our direct control including search engine algorithm changes, competitive activity, market conditions, and client-side factors.
Search Engine Optimization
All SEO services are performed in accordance with Google’s Webmaster Guidelines and industry best practices. We use only white-hat SEO techniques. We are not responsible for changes in search engine algorithms that may affect your rankings. Organic search rankings are not guaranteed.
Paid Advertising
For Google Ads and other paid advertising services, the client is responsible for all advertising spend paid directly to the advertising platform. Our management fees are separate from advertising spend. We will manage campaigns to the best of our ability but cannot guarantee specific results from paid advertising campaigns.
Client Responsibilities
To enable us to deliver effective digital marketing services, the Client agrees to fulfill the following responsibilities:
- Provide accurate and complete information about your business, products, services, and target market
- Grant us necessary access to your website, Google Analytics, Google Search Console, Google Ads accounts, and other relevant platforms
- Review and approve content, ad copy, and strategy documents within agreed-upon timeframes
- Respond to communications from our team within 48 business hours
- Notify us promptly of any changes to your business, products, services, or target market that may affect the marketing strategy
- Ensure that all products, services, and business practices promoted through our services comply with applicable laws and regulations
- Pay all fees in accordance with the agreed payment schedule
- Provide honest feedback and raise concerns promptly so we can address them
Delays caused by the Client’s failure to fulfill these responsibilities may affect project timelines and results. We are not responsible for delays or suboptimal results caused by insufficient Client cooperation.
Payments and Fees
Fee Structure
Our fees are set forth in individual service proposals and agreements. We offer monthly retainer arrangements, project-based pricing, and hourly consulting rates depending on the nature of the engagement. All fees are stated in United States dollars.
Payment Terms
Monthly retainer fees are invoiced in advance at the beginning of each service month and are due within 15 days of the invoice date. Project-based fees are typically structured as 50% due upon project initiation and 50% due upon project completion, unless otherwise specified in the project agreement. Consulting fees are invoiced monthly for hours worked during the preceding month.
Late Payments
Invoices not paid within 30 days of the due date will be subject to a late payment fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services for accounts that are more than 30 days past due. Services will resume upon payment of all outstanding balances including late fees.
Advertising Spend
Advertising spend for Google Ads, Meta Ads, and other paid platforms is paid directly by the Client to the respective platform. This spend is separate from and in addition to our management fees. We will provide guidance on appropriate budget levels but the Client retains full control and responsibility for their advertising spend.
Project Scope and Changes
The scope of work for each engagement is defined in the service proposal or SOW. Any requests for work outside the agreed scope will be addressed through a formal change order process. We will provide a written estimate for out-of-scope work before proceeding. Change orders must be approved in writing by both parties before work begins.
We reserve the right to decline requests for work that falls outside our areas of expertise, conflicts with our values, or would require us to violate platform policies or applicable law.
Project timelines are estimates and may be affected by factors including Client response times, third-party dependencies, technical issues, and scope changes. We will communicate proactively about any anticipated delays and work with Clients to adjust timelines as needed.
Intellectual Property
Client-Owned Materials
All content, copy, graphics, and other creative materials created by Huezo Digital Marketing LLC specifically for the Client and paid for in full by the Client become the property of the Client upon receipt of full payment. This includes website copy, blog articles, ad copy, and other deliverables specified in the service agreement.
Company-Owned Materials
Huezo Digital Marketing LLC retains ownership of all methodologies, processes, frameworks, templates, and tools used in the delivery of services. These assets are proprietary to our company and are not transferred to Clients as part of any service agreement.
Third-Party Materials
We may use licensed stock photography, fonts, software, and other third-party materials in the course of delivering services. The Client is responsible for ensuring that any materials they provide to us for use in marketing campaigns are owned by them or properly licensed. The Client indemnifies us against any claims arising from the use of Client-provided materials.
Website Usage
By accessing our website at huezodigmark.com, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website. You agree not to:
- Use the website in any way that violates applicable local, national, or international law or regulation
- Transmit any unsolicited or unauthorized advertising or promotional material
- Attempt to gain unauthorized access to any part of the website or its related systems
- Use automated tools to scrape, crawl, or harvest content from our website without permission
- Reproduce, duplicate, copy, or resell any part of our website in contravention of these Terms
We reserve the right to terminate your access to our website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Limitation of Liability
To the maximum extent permitted by applicable law, Huezo Digital Marketing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or other intangible losses, resulting from your use of our services or website.
Our total liability to you for any claims arising from these Terms or your use of our services shall not exceed the total fees paid by you to us during the three-month period immediately preceding the claim.
We are not responsible for any changes in search engine algorithms, platform policies, or competitive conditions that may affect the results of our marketing services. Digital marketing results are inherently variable and depend on many factors outside our control.
Termination
Either party may terminate a monthly service agreement by providing 30 days written notice to the other party. Project-based engagements may be terminated as specified in the project agreement. Upon termination, the Client is responsible for payment of all fees earned through the termination date, including any work in progress.
We reserve the right to terminate services immediately if the Client fails to pay fees when due, engages in conduct that violates our policies or applicable law, or requests that we perform activities that violate platform guidelines or ethical standards.
Upon termination, we will provide the Client with all completed deliverables and reasonable transition assistance. We will transfer ownership of all Client-owned assets including content, campaign data, and account access within 10 business days of the termination date.
Applicable Law and Dispute Resolution
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. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
Before initiating any formal legal action, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, the parties agree to participate in non-binding mediation before pursuing litigation.
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 so that these Terms will otherwise remain in full force and effect.
Contact Information
Questions about these Terms and Conditions should be directed to:
Huezo Digital Marketing LLC1721 Bonita Ave
Burbank, CA 91504
Phone: 818-939-3167
Email: brianhuezo@huezodigmark.com