Terms of Service:

Web Services: All content and content linking created by Provider and residing on the Client’s website are considered owned by the Client if all Web Services are paid in full, and the Initial Term of the Agreement has been met including Web Hosting and Maintenance requirements. The Client web site(s) hosted and maintained by Provider requires Web Hosting or Web Maintenance services to keep the web site active. If there is no agreement for these Services and ownership terms have been met, the Provider upon request from Client will provide Client with an electronic copy of the content created by Provider.

Mobile Applications: Currently being updated***

DISCLAIMER. CLIENT AGREES AND ACKNOWLEDGES THAT THE PROVIDER PARTIES HAVE NOT MADE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE EXPECTED BENEFITS, PROFITABILITY OR EFFECTIVENESS OF THE DIGITAL SERVICES, NOR CAN IT DO SO. THE DIGITAL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE PROVIDER PARTIES DISCLAIM ALL WARRANTIES WHETHER WRITTEN OR ORAL, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE PROVIDER PARTIES DO NOT WARRANT, REPRESENT OR GUARANTEE THAT THE DIGITAL SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE OR SECURE. THE PROVIDER PARTIES HAVE NO CONTROL OVER THIRD PARTIES, INCLUDING SEARCH ENGINE RANKING COMPANIES, SOCIAL MEDIA OUTLETS, BRAND REPUTATION OR PUBLIC RELATIONS OUTCOMES AND FULLY DISCLAIM ALL LIABILITY FOR ANY ACTIONS TAKEN BY OR AGAINST ANY THIRD PARTIES AND/OR THIRD PARTY SOFTWARE USED FOR WEB DEVELOPMENT, MARKETING AND MOBILE APP DEVELOPMENT.

DAMAGES & LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT: (A) NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER FOR ANY LOST REVENUE, LOST BUSINESS, LOST PROFITS OR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED IN ANY WAY TO THIS AGREEMENT EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; NEITHER PARTY SHALL BE LIABLE NOR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS. IN NO EVENT SHALL HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF YOUR WEBSITE AND/OR PROMOTIONAL MATERIALS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE YOUR WEBSITE AND/OR PROMOTIONAL MATERIALS, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON YOUR WEBSITE OR PROMOTIONAL MATERIALS; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE AND/OR THIRD PARTY SOFTWARE (FREE OR PAID), LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH RECOMMENDATION FOR YOUR WEBSITE OR PROMOTIONAL MATERIALS, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC. HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC DOESN’T ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE CONTENT OF THE WEBSITES IT DESIGNS AND/OR HOSTS, INCLUDING ANY SOFTWARE OR THIRD PARTY SOFTWARE UTILIZED. HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC HAS NO CONTROL OVER ANY INFORMATION, MATERIALS, PRODUCTS OR SOFTWARE PROVIDED TO OR OBTAINED BY RECOMMENDED/APPROVED USE AND/OR REQUEST FOUND THEREON. HAMILTON’S SOCIAL MEDIA MARKETING & DESIGN FIRM LLC DOESN’T SERVE AS A CONSULTANT FOR ITS CLIENTS AND THE CLIENT IS ENTIRELY RESPONSIBLE FOR ALL THAT IS FOUND IN THEIR WEBSITES AND/OR PROMOTIONAL MATERIALS.

Organic Services: All content and content linking created by Provider and residing on the Client’s website are considered owned by the Client if all Organic Services are paid in full or on a monthly basis until services rendered.

Social Services: All content created by Provider and posted on the Client’s social pages are considered owned by the Client if all Social Services are paid in full. Standard social services such as Facebook, Twitter, Google Plus, etc. utilized to manage social deliveries will have administrative access transitioned back to Client.

Paid Services: All advertising content created by Provider and posted for the Client is considered owned by the Client if all Paid Services are paid in full. Campaigns cannot be transitioned, data and configuration can be transitioned to the Client upon request by Client (excludes Google PPC data). All paid invoices suffice as signed contracts as you are agreeing to terms, conditions, and services rendered listed on invoices and proposals.

Cancellation of Services: A written request for cancellation of any marketing or advertising services is required 2 weeks prior to your next month billing cycle.  This includes services for the following: Google Adwords management and marketing, Facebook advertising and marketing, Email Marketing and any/all forms of social media advertising, management and marketing.

Cancellations & Refunds:

Cancellation of Services: A written request for cancellation of any graphic design work is required prior to any proofs, samples or work has been initiated by our design team.  There are no refunds available for work already in process or post delivery on graphic design work.  Examples include: logos, promotional marketing material, billboards, vehicle/boat wraps, signage, village plaza signage, ect. Deposits are non-refundable and any work completed will be forfeited upon request of cancellation.

Scope of Work: Price can change or may vary based on scope of work.  If scope of work changes for any graphic design/design work, applicable fees may apply.

Availability, errors and inaccuracies:

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products, services or any information may be incorrectly displayed or unavailable. We expressly reserve the right to correct any errors on our Website. The inclusion or offering of any product, information or service on this Website, via phone or email does not constitute an endorsement or recommendation of such product, information service by us.

Changes to Terms of Service (Terms & Conditions):

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to our Terms of Service (Terms & Conditions).