These Terms and Conditions ("Terms") govern your use of the website located at harshketing.com (the "Site") and the digital marketing services provided by Harsh Marketing Solutions LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of California. By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.
1. Acceptance of Terms
By accessing or using our Site, submitting an inquiry, or entering into a service agreement with Harsh Marketing Solutions LLC, you confirm that you are at least 18 years of age, have the legal authority to enter into binding agreements, and agree to comply with these Terms in their entirety. These Terms constitute a legally binding agreement between you and Harsh Marketing Solutions LLC.
2. Website Use
You may use our Site for lawful purposes only. You agree not to:
- Use the Site in any manner that violates applicable federal, state, or local laws or regulations
- Transmit any unsolicited or unauthorized advertising or promotional material
- Attempt to gain unauthorized access to any portion of the Site or its related systems
- Use automated tools (bots, scrapers, crawlers) to collect information from the Site without written permission
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Introduce viruses, malware, or other harmful code to the Site
We reserve the right to terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or the public.
3. Intellectual Property
All content on this Site — including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software — is the property of Harsh Marketing Solutions LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may view and print pages from the Site for your personal, non-commercial use only. Any other use, including reproduction, modification, distribution, transmission, republication, or display of content on this Site without our prior written permission is strictly prohibited.
Client Work Product: Upon full payment of all fees, clients receive a license to use deliverables created specifically for them (ad copy, landing pages, content) for their business purposes. Underlying methodologies, frameworks, templates, and processes remain the intellectual property of Harsh Marketing Solutions LLC.
4. Marketing Services
Harsh Marketing Solutions LLC provides digital marketing services including but not limited to Google Ads management, Meta Ads management, search engine optimization, content marketing, email marketing, conversion rate optimization, and marketing strategy consulting. Specific services, deliverables, timelines, and fees are defined in individual Service Agreements or Statements of Work executed between the Company and each client.
Service Scope: All services are delivered as described in the applicable Service Agreement. Any requests for services outside the defined scope will be addressed through a written change order process and may result in additional fees.
Platform Accounts: Clients retain ownership of all advertising accounts, analytics accounts, and other platform accounts. We manage these accounts on your behalf using granted access permissions. Account access will be revoked upon termination of services.
Third-Party Platforms: Our services involve advertising on third-party platforms (Google, Meta, etc.) that have their own terms of service, policies, and operational requirements. We are not responsible for changes to these platforms' policies, pricing, or functionality that may affect campaign performance.
5. Client Responsibilities
To enable effective delivery of our services, clients agree to:
- Provide accurate and complete information about their business, products, services, and target audience
- Grant necessary access to advertising accounts, analytics accounts, and website platforms in a timely manner
- Review and approve creative materials, ad copy, and landing pages within agreed timeframes
- Notify us promptly of any changes to their business, products, or services that may affect marketing campaigns
- Maintain adequate advertising budgets as agreed in the Service Agreement
- Ensure that their business operations, products, and services comply with all applicable laws and platform advertising policies
Delays caused by client failure to fulfill these responsibilities may affect campaign timelines and results. We are not liable for performance impacts resulting from client delays or non-compliance.
6. Payments
Payment terms are specified in individual Service Agreements. General payment terms include:
- Management fees are invoiced monthly in advance
- Setup fees are due upon execution of the Service Agreement
- Advertising budgets are paid directly to advertising platforms by the client
- Invoices are due within 15 days of issuance
- Accounts more than 30 days past due may result in suspension of services
- A late fee of 1.5% per month may be applied to balances more than 30 days overdue
All fees are in US Dollars. We accept payment via ACH bank transfer, credit card, and check. Credit card payments may be subject to a processing fee.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARSH MARKETING SOLUTIONS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE THREE MONTHS PRECEDING THE CLAIM.
8. Disclaimers
THE SITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantee of Results: Digital marketing results depend on numerous factors outside our control, including market conditions, competition, platform algorithm changes, and client-side factors. We do not guarantee specific results including rankings, traffic levels, lead volumes, or advertising performance metrics. Past results for other clients are not indicative of future results for any specific client.
Third-Party Platforms: We are not responsible for changes, outages, policy changes, or performance variations on third-party advertising and marketing platforms including Google, Meta, and others.
9. Termination
Either party may terminate a Service Agreement with 30 days written notice. Upon termination:
- All outstanding fees become immediately due and payable
- We will provide a final performance report and transfer all account access back to the client
- Prepaid fees for services not yet rendered will be refunded per our Refund Policy
- Client data will be retained for 90 days following termination and then securely deleted
We reserve the right to terminate services immediately, without notice, if a client violates these Terms, engages in fraudulent activity, or requires us to engage in activities that violate applicable laws or platform policies.
10. Governing 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 dispute arising from these Terms or our services shall first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through binding arbitration in Sacramento County, California, under the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit.
11. Contact Information
Questions regarding these Terms should be directed to:
Harsh Marketing Solutions LLC
4660 Chancery Way
Sacramento, CA 95864
Phone: (916) 529-8586
Email: christopherharsh@harshketing.com
12. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Site or our services after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.