Freitag Marketing – Digital Marketing Services

Terms of Service

Effective Date: December 1st, 2024.

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 12 months, unless otherwise stated. Either party may terminate the Agreement by giving thirty (30) 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 thirty (30) 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 to deliver Services. The Client is responsible for ensuring that all Client Data complies with applicable privacy laws, including the use of tracking tags, cookies, and data collection mechanisms.

5. Ownership of Materials and Content

The Client retains ownership of all content created as part of the Services, upon full payment of all fees. Content created by Freitag Marketing that resides on non-Client websites may be subject to expiration based on third-party policies.

6. Indemnification

The Client agrees to indemnify and hold harmless Freitag Marketing and its affiliates from any claims, damages, or liabilities arising from the use of Client Data or violations of laws or third-party rights related to the Services.

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

Freitag Marketing will not be liable for lost revenue, lost business, or incidental damages related to the Services. Liability will be limited to the amount paid by the Client in the six (6) months prior to the claim.

9. Confidentiality

Both parties agree to protect each other’s confidential information and not disclose it to third parties without consent. This obligation does not apply to information already public or legally required to be disclosed.

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.

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 that’s received during a single calendar day.

After mobile design and development, the client is entitled to two further revision rounds that don’t 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.

22. 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.

23. Miscellaneous

These Terms may be updated periodically by Freitag Marketing. Any changes will take effect upon posting. The Client’s continued use of the Services after such updates constitutes acceptance of the new Terms.