Freitag Marketing – Digital Marketing Services

Terms of Service

Effective Date: May 1st, 2026.

These Terms and Conditions (the “Terms”) apply to digital marketing services (the “Services”) ordered by the client (“Client”) under an agreement (the “Agreement”) with Freitag Marketing (“Provider”). These Terms are part of the Agreement, and terms not defined here have the meanings given in the Agreement.

1. Service Term and Termination

Any Marketing Service Agreement will begin on the Start Date specified in the Agreement and will continue for a minimum term of 6 months, unless otherwise stated. Either party may terminate the Agreement by giving ninety (90) days’ written notice after the minimum term has been met. If the minimum term is not fulfilled, a fee equivalent to one month’s service will be invoiced. After the minimum term, the Agreement will continue month-to-month until terminated with ninety (90) days’ written notice by either party.

2. Service Scope and Pricing Adjustments

Freitag Marketing reserves the right to adjust rates for Services with sixty (60) days’ notice to the Client. In cases where there is a change in scope or third-party cost increases, Freitag Marketing will work with the Client to adjust services and costs accordingly. The Client may terminate affected services with thirty (30) days’ notice in response to any price increase.

3. Definitions

Client: The entity purchasing Services.
Provider: Freitag Marketing.
Client Data: Data, content, or information provided by the Client for use in Services, including website content, advertising materials, and personal data related to users.
Services: Digital marketing services such as SEO, social media management, paid media, web development, and other services provided by Freitag Marketing.

4. Access and Use of Client Data

Freitag Marketing will access and use Client Data solely as necessary to provide the Services. Client represents and warrants that it has all necessary rights, permissions, and lawful bases to collect, use, and share all Client Data with Freitag Marketing, and that such data complies with all applicable privacy and data protection laws and regulations.

Client is solely responsible for implementing and maintaining a compliant privacy policy, cookie disclosures, and consent management mechanisms, including but not limited to consent banners for tracking technologies where required. Client further represents and warrants that any audiences, customer lists, or personal data provided for advertising, marketing, or analytics purposes have been collected and shared with appropriate notice and consent, or other valid legal basis, as required by law.

Unless otherwise expressly agreed in writing, Client shall not provide, and Freitag Marketing shall have no obligation to accept or process, any protected health information or other highly sensitive or regulated data, including but not limited to data subject to HIPAA or similar regulations.

Freitag Marketing does not provide legal advice and makes no representations or warranties regarding the Client’s compliance with applicable privacy or data protection laws unless explicitly engaged to do so under a separate written agreement. Client acknowledges that it remains solely responsible for its compliance obligations.

5. Ownership of Materials and Content

Upon full payment of all fees due under this Agreement, the Client shall retain ownership of all final deliverables and content specifically created for the Client as part of the Services. Notwithstanding the foregoing, Freitag Marketing retains all right, title, and interest in and to its pre-existing materials, processes, methodologies, prompts, internal systems, frameworks, code libraries, strategy documents, and any other proprietary tools or know-how used in the performance of the Services. Nothing in this Agreement shall be construed as a transfer of ownership of such materials.

Any third-party assets, including but not limited to licensed images, fonts, software, or other materials, are subject to the terms of their respective licenses and are expressly excluded from transfer of ownership. The Client is responsible for complying with all applicable third-party licensing requirements.

In the event this Agreement is terminated prior to completion, the Client shall retain ownership of all work completed up to the date of termination, provided that all outstanding invoices have been paid in full. Content created by Freitag Marketing that resides on non-Client platforms or third-party websites may be subject to expiration, removal, or modification in accordance with the policies of those third parties.

6. Indemnification

By the Client: The Client agrees to indemnify and hold harmless Freitag Marketing, its affiliates, employees, and contractors from any claims, damages, costs, or liabilities arising from:

The use, accuracy, or legality of any Client-supplied materials, data, copy, or assets;<
The Client’s violation of any applicable law or regulation; or
Any infringement of a third party’s rights arising from instructions, specifications, or materials provided by the Client.

By Freitag Marketing: Freitag Marketing agrees to indemnify and hold harmless the Client from any claims, damages, costs, or liabilities arising from:

Freitag Marketing’s use of third-party materials (including stock imagery, fonts, code libraries, or plugins) in deliverables, where Freitag failed to obtain appropriate licensing; or
Freitag Marketing’s infringement of a third party’s intellectual property rights in work it independently created and delivered under this agreement.

This indemnity does not apply where the infringement arises from Freitag Marketing having followed Client instructions, specifications, or supplied materials.

Each party’s indemnification obligations are contingent on the indemnified party: (i) promptly notifying the indemnifying party of any claim; (ii) granting the indemnifying party reasonable control over the defense and resolution of the claim; and (iii) providing reasonable cooperation in the defense of the claim.

7. Disclaimer of Warranties

Freitag Marketing provides Services on an “as is” basis and makes no guarantees regarding the effectiveness, profitability, or outcomes of the Services. Freitag Marketing disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

To the fullest extent permitted by law, Freitag Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Services or this Agreement, including but not limited to lost revenue, lost profits, lost business, lost data, or lost opportunities, even if advised of the possibility of such damages.

Freitag Marketing shall have no liability for any disruptions, losses, or damages resulting from platform suspensions, account bans, algorithm changes, policy updates, outages, or other actions taken by third-party platforms or services that are outside of its control.

Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or service outages, platform or infrastructure failures, cyberattacks, labor disputes, strikes, governmental actions, or interruptions in utilities or transportation (“Force Majeure Event”). The affected party shall provide prompt notice of such event and use commercially reasonable efforts to resume performance as soon as practicable. Any deadlines impacted by a Force Majeure Event shall be extended for a period equal to the duration of the delay.

In all cases, Freitag Marketing’s total cumulative liability arising out of or related to this Agreement shall not exceed the total amount of fees actually paid by the Client to Freitag Marketing in the six (6) months preceding the event giving rise to the claim.

9. Confidentiality

Each party agrees to protect and not disclose the other party’s Confidential Information to any third party without prior written consent. “Confidential Information” includes, but is not limited to, business plans, strategies, financial information, customer and prospect data, credentials and access information, proprietary processes, technical information, and any other non-public information disclosed in connection with this Agreement, whether in written, oral, or electronic form, and whether or not marked as confidential.

Each party may disclose Confidential Information to its employees, contractors, and subprocessors who have a legitimate need to know such information for purposes of performing obligations under this Agreement, provided that such parties are bound by confidentiality obligations no less restrictive than those contained herein. Each party remains responsible for any breach of this provision by its employees, contractors, or subprocessors.

Both parties agree to implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Confidential Information from unauthorized access, use, or disclosure.

This obligation shall not apply to information that (a) is or becomes publicly available through no breach of this Agreement, (b) was lawfully known prior to disclosure, (c) is independently developed without use of the other party’s Confidential Information, or (d) is required to be disclosed by law, regulation, or court order, provided that the disclosing party gives prompt notice (where legally permitted) to allow the other party to seek protective treatment.

The obligations set forth in this section shall survive termination or expiration of this Agreement for a period of three (3) years, or for so long as the information remains confidential, whichever is longer.

10. Non-Solicitation

The Client agrees not to hire or solicit for employment any employee of Freitag Marketing during the term of the Agreement and for one (1) year thereafter, without prior written consent.

11. Use of Client Trademarks

Unless the Client opts out, Freitag Marketing may use the Client’s name and logos for promotional purposes to identify the Client as a customer.

12. Fulfillment Considerations

Services are delivered based on agreed-upon strategies. Freitag Marketing may adjust deliverables due to changes in technology, algorithms, or market conditions (see “Limitation of Liability”).

13. Transition of Content and Services upon Termination

Upon termination of the Agreement and full payment of fees, Freitag Marketing will transfer ownership and administrative access for content and accounts created as part of the Services, such as social media, website content, and advertising accounts.

14. Hosting and Website Maintenance

Freitag Marketing uses commercially reasonable measures to maintain data availability through backups and redundant systems. However, uptime is not guaranteed, and Freitag Marketing is not liable for website downtime or data loss.

15. Email Marketing

The Client must ensure that any email addresses used in email marketing comply with applicable laws, and the Client retains ownership of all email content created during the Services.

16. Print Ads

For every print ad, the client is entitled to two revision rounds. A revision round is considered to be the body of feedback that’s received during a single calendar day. Any further revision rounds will incur a fee of $50 each.

17. Social Media Management:

For every social media calendar, two revision rounds will be included. A revision round is considered to be the body of feedback that’s received during a single calendar day. Any further revision rounds will incur a fee of $100 each.

18. SEO:

For every blog post, two revision rounds will be included. A revision round is considered to be the body of feedback that’s received during a single calendar day. Any further revision rounds will incur a fee of $100 each.

19. Paid Media Management:

For each set of ad creatives that is submitted for review, two revision rounds are included. A revision round is considered to be the body of feedback that’s received during a single calendar day. Any further revision rounds will incur a fee of $100 each.

20. Branding:

The client shall receive two branding proposals. We will implement any changes requested on one of said proposals. After that, a full scope of branding applications will be designed.

Once that’s sent for approval, the client is entitled to two revision rounds. A revision round is considered to be the body of feedback that’s received during a single calendar day. Any further revision rounds at this stage will incur a fee of $250 each.

21. Web Design & Development:

Once a desktop Figma prototype is sent for feedback, the client is entitled to two revision rounds. Any further revision rounds at this stage will incur a fee of $150 each. A revision round is considered to be the body of feedback received during a single calendar day.

After mobile design and development, the client is entitled to two further revision rounds that do not affect layout or design. This includes rendering issues and discrepancies with approved design or copy. Any extra round of design feedback after development has started will incur a fee of $200 each.

The project will be built and tested for compatibility with the two most recent stable versions of Chrome, Firefox, Safari, and Edge on standard desktop and mobile screen sizes. Compatibility with legacy browsers, non-standard devices, or screen resolutions outside the agreed scope is not guaranteed. Any work required to address issues on out-of-scope browsers or devices will be treated as a change request and quoted separately.

A bug is defined as any unintended malfunction or rendering error that causes the delivered product to behave differently from the approved design or agreed specifications. Bug fixes are included at no additional cost within the post-launch support window (defined below).

A change request is any modification to functionality, layout, copy, design, or scope that was not part of the original approved brief — including additions, stylistic preferences, or revised requirements. Change requests will be scoped and quoted separately at the applicable hourly or project rate.

Following the project launch, a complimentary support window of 7 days is provided. During this period, the contractor will address confirmed bugs at no additional charge. Requests that constitute changes (as defined above) will be quoted and billed separately. After the 7-day window, all support, maintenance, and updates will be subject to a separate maintenance agreement or billed at the standard hourly rate.

Unless explicitly stated in the project proposal, the following fall outside the scope of this agreement and remain the sole responsibility of the client:

Hosting — Procurement, payment, and ongoing management of the hosting environment.
Domain registration — Purchase and renewal of any domain names.
Plugin & software licenses — Any third-party plugins, themes, fonts, or tools required for the project must be licensed by the client. The contractor may recommend or install these on the client’s behalf, but license costs will be passed on to the client.
Backups — Regular backups of the live site and its data. The contractor is not liable for data loss occurring after handover.
Security patches & updates — Ongoing application of CMS, plugin, or platform updates after the post-launch support window has expired.
Third-party integrations — The contractor will make reasonable efforts to integrate approved third-party services (e.g. CRMs, payment gateways, analytics) as scoped. However, the contractor is not responsible for downtime, changes, or deprecations made by third-party providers after handover.

22. Client Responsiveness

Client acknowledges that timely feedback, approvals, access to necessary systems, and provision of required materials are essential to the Company’s ability to meet project timelines. All project deadlines and delivery dates are contingent upon the Client fulfilling these obligations in a timely manner. Any delays in Client responses, approvals, or provision of materials shall result in a corresponding extension of all applicable timelines, and the Company shall not be held responsible for missed deadlines caused by such delays.

The Company will provide a defined number of revision rounds as outlined in this Agreement. Following delivery of any draft, proof, or milestone, Client shall provide consolidated feedback within five (5) business days unless otherwise agreed in writing. If Client fails to respond within this period, the Company reserves the right to, at its discretion: (a) proceed with the project based on the last approved or submitted version, (b) deem the deliverable approved as submitted, and/or (c) adjust the project schedule and reallocate resources accordingly.

If Client delays exceed ten (10) business days at any stage, the Company reserves the right to place the project on hold. Reactivation of the project may be subject to revised timelines, additional fees, and resource availability.

23. Custom and Out of Scope Services

Any custom services not outlined in these Terms will be quoted separately and require written approval from both parties.

Any services or tasks not outlined as in-scope for any client as per their signed service proposal will be billed separately at $65 per hour.

24. Payment Terms & Contract Void

Upon execution of this Agreement by both parties, payment in full (or the agreed initial deposit, if applicable) is due within fifteen (15) days of the date of signing. If payment is not received within this period, this Agreement may be deemed null and void at the Company’s discretion, releasing both parties from further obligations without liability. In the event of a failed or declined payment method, the Client agrees to promptly provide an alternative form of payment within 72 hours; the Company reserves the right to immediately pause all services until payment is successfully processed. Ongoing services may also be suspended for any nonpayment without prior notice.

All third-party costs, including but not limited to advertising spend, software subscriptions, printing, freelance contractors, and hosting fees, are not included unless expressly stated and will be billed separately or reimbursed by the Client. Unless otherwise specified in writing, all retainers and deposits are nonrefundable.

25. No Check Payment Policy

Checks are not accepted as a valid form of payment. All transactions must be completed using an approved payment method. Failure to provide a valid payment may result in a delay or interruption of services..

26. Quote Validity Period

Our proposals and the pricing set forth herein are valid for a period of fifteen (15) days from the date of issuance. After the expiration of this validity period, Freitag Marketing reserves the right to revise, adjust, or withdraw any pricing, rates, or terms contained in this proposal without prior notice.

27. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws principles.

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the matter to non-binding mediation conducted in the State of New Hampshire prior to initiating any formal legal proceedings. If mediation is unsuccessful, the dispute may be resolved either through binding arbitration or litigation, at the election of the Company.

Any arbitration shall be conducted in the State of New Hampshire in accordance with the rules of a mutually agreed-upon arbitration provider, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the Company elects to pursue litigation, any legal action or proceeding shall be brought exclusively in the state or federal courts located within the State of New Hampshire, and the parties hereby consent to the personal jurisdiction and venue of such courts.

The prevailing party in any action or proceeding arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

To the fullest extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages.

28. Independent Contractor

Freitag Marketing is an independent contractor and not an employee, partner, joint venturer, fiduciary, or legal representative of the Client. Nothing in this Agreement shall be deemed to create any agency, partnership, or joint venture relationship between the parties. Freitag Marketing shall have sole control over the manner and means of performing the Services, subject to the terms of this Agreement.

Freitag Marketing may, in its discretion, engage employees, affiliates, or subcontractors to perform all or any portion of the Services, provided that Freitag Marketing remains responsible for the performance of such parties in accordance with this Agreement.

Client may not assign, transfer, or delegate this Agreement, in whole or in part, without the prior written consent of Freitag Marketing, which shall not be unreasonably withheld. Any attempted assignment in violation of this provision shall be null and void.

Freitag Marketing may assign or transfer this Agreement, in whole or in part, without Client’s consent in connection with a merger, acquisition, sale of assets, corporate reorganization, or similar transaction, upon written notice to the Client.

29. Miscellaneous

Freitag Marketing reserves the right to propose updates to these Terms at any time. Any proposed changes will be communicated to the Client in writing with a minimum of 14 days’ notice prior to taking effect.

For non-material changes — such as updated contact details, minor clarifications, or administrative adjustments — the Client’s continued engagement with the Services after the notice period will constitute acceptance.

For material changes — including adjustments to pricing, scope, deliverables, payment terms, or liability — written acknowledgment and agreement from the Client will be required before any such changes take effect. Material changes will not be applied retroactively to work already in progress or invoiced.

If the Client does not accept a proposed material change, either party may terminate the agreement in accordance with the termination provisions set out in these Terms, without penalty

30. General Provisions

Severability – If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision will be deemed modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed from the agreement. The validity and enforceability of the remaining provisions will not be affected.

Entire Agreement – These Terms, together with any signed project proposal, scope of work, or statement of work issued by Freitag Marketing and accepted by the Client, constitute the entire agreement between the parties with respect to the subject matter herein. They supersede all prior discussions, representations, negotiations, and agreements — whether written or oral — relating to the same subject matter. No terms or conditions submitted by the Client (including those contained in any purchase order or procurement document) will form part of this agreement unless expressly agreed to in writing by Freitag Marketing.

Waiver – No failure or delay by either party in exercising any right or remedy under these Terms will constitute a waiver of that right or remedy. A waiver of any breach or default will not constitute a waiver of any subsequent breach or default, and will not affect the other provisions of these Terms. Any waiver must be made explicitly and in writing to be valid.

Notices – Any formal notice required or permitted under these Terms must be given in writing and delivered by one of the following methods:

Email — to the address on record for each party, with delivery confirmed by a read receipt or written acknowledgment from the recipient; or
Post — to the registered business address of each party, considered delivered three business days after posting by recorded or tracked mail.

Day-to-day project communications (feedback, approvals, scheduling) may be exchanged via email or agreed project management tools and do not constitute formal notices under this clause. Each party is responsible for keeping their contact details current. Freitag Marketing’s designated notice address will be as stated in the project proposal or as updated in writing.