This website is owned and operated by Simple Marketing, accessible at https://simplemarketing.shop. By using this website, you (“Client” or “User”) are entering into this Agreement with Simple Marketing and indicate that you agree to these Terms of Service. If you do not agree with these terms and conditions, please do not use this website. You may contact us with any questions at support@simplemarketing.shop.
1. Eligibility for Free Marketing Plans
Not everyone qualifies for a free marketing plan. Simple Marketing reserves the right to determine, in its sole discretion, who is the best fit for such offers. Submitting a request does not guarantee receipt of a free marketing plan.
2. No Guarantee of Specific Results
Regardless of any perceived representation to the contrary, Simple Marketing does not guarantee specific outcomes or results. The Client understands and agrees that while the Agency provides professional marketing and design services to generate results, no particular outcome is promised or warranted. The Agency has no control over third-party platforms (including but not limited to Google, Meta, or others) and is not liable for any changes or decisions made by those platforms.
3. Professional Services Disclaimer
All services provided by Simple Marketing are professional marketing and design services intended for marketing purposes only. They do not constitute legal, financial, tax, or other regulated professional advice. Clients should consult licensed professionals for such matters before acting on any recommendations.
4. Non-Disparagement
Both Parties agree not to disparage, slander, or defame each other — including principals, agents, officers, owners, directors, or employees — directly or indirectly, during or after the term of this Agreement. This clause applies to all forms of communication, including social media and online platforms. Nothing herein prevents either party from making truthful statements in connection with legal proceedings or governmental investigations.
5. Limitation of Liability
Simple Marketing warrants that the services described in the proposal will be provided in accordance with this Agreement. However, Simple Marketing makes no other warranties, express or implied, regarding performance or outcomes.
(a) Simple Marketing shall have no liability for any services provided, including liability for negligence.
(b) No warranties, express, implied, statutory, or otherwise, are made beyond those explicitly stated.
(c) Any implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed.
In no event shall the aggregate liability of Simple Marketing exceed the total monthly fees paid by the Client during the three (3) months preceding the claim. Under no circumstances shall Simple Marketing be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, goodwill, business interruption, or any other commercial damages, even if advised of the possibility of such damages.
6. Force Majeure
Neither party shall be liable for delays or failure to perform obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of nature, war, terrorism, pandemics, governmental actions, labor disputes, technical failures, or interruptions in communications or utilities. Lack of funds shall not be deemed a force majeure event.
7. Default
If the Client fails to pay any fees or charges due under this Agreement, Simple Marketing may pause or terminate services until the default is cured, without prejudice to other remedies.
8. Governing Law and Jurisdiction
This Agreement shall be governed by the laws applicable to the principal place of business of Simple Marketing, without regard to conflict-of-law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the competent courts or arbitration bodies having jurisdiction over Simple Marketing. The Client consents to the exclusive jurisdiction of these courts and agrees that any claims or actions must be brought solely in the designated jurisdiction. The Client also agrees that any action against Simple Marketing in another jurisdiction shall be deemed invalid or dismissed.
9. Attorney’s Fees
In any litigation, arbitration, or dispute arising from or related to this Agreement, each party shall be entitled to recover reasonable attorney’s fees and litigation costs.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, communications, or understandings, whether written or oral. Any amendments must be in writing and signed by both parties.
11. Severability
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed, and the remainder of the Agreement shall remain in full force and effect.
12. Assignment and Successors
Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13. Cancellation Policy
This Agreement may be terminated by either party, with or without cause, upon thirty (30) days’ written notice. Services provided prior to termination will be charged in full. A partial or full refund may be granted only if Simple Marketing has not fulfilled its obligations.
Simple Marketing reserves the right to terminate agreements for projects abandoned or inactive for more than 30 days, with or without notice.
14. Refund Policy
A 100% refund will be issued only if cancellation occurs within three (3) days of signing the initial contract. All sales are otherwise final.
Payments or deposits are non-refundable once made.
Digital marketing services, including SEO, PPC, SMM, email marketing, and design services, are non-refundable.
No refunds or credits will be issued once an initial draft has been provided.
There are no partial refunds for projects in progress.
Hosting fees and third-party service costs are non-refundable.
Refunds will not be issued for projects abandoned or inactive for more than 30 days.
Billing continues until written cancellation notice is received.
15. Additional Expenses
Any additional expenses, including but not limited to third-party software, templates, stock media, domain registration, hosting, or similar costs, shall be reimbursed by the Client.
16. Intellectual Property and Client Responsibilities
The Client is solely responsible for obtaining all necessary rights, licenses, and permissions for any content, graphics, logos, trademarks, or other materials provided to Simple Marketing. Simple Marketing shall not be liable for any legal claims arising from materials supplied by the Client.
All intellectual property created by Simple Marketing remains its property unless otherwise agreed in writing. The Client receives a non-exclusive, non-transferable license to use deliverables for internal marketing purposes only.
17. Contact Us
If you have any questions about these Terms of Service, please contact us at: support@simplemarketing.shop
