Acceptance of Terms
By accessing or using our website or any of our services, you (“you” or “user”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference. If you use our services on behalf of an organization, you are agreeing to these Terms on behalf of that organization.
About HS Digital Marketing
HS Digital Marketing is a digital marketing agency providing online solutions to businesses of all sizes. Our expertise encompasses, but isn’t limited to, web design, SEO, PPC advertising, social media marketing, content creation, and more. Our specific services are designed to assist businesses with their online presence, lead generation, and growth.
Description of Services
HS Digital Marketing offers a range of services, which may include:
- Website Design and Development
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) Advertising
- Social Media Marketing
- Content Creation and Marketing
- Email Marketing
- Lead Generation
- Website Security and Maintenance
- XR (3D/AR/VR/MR) Experiences
- Other Related Marketing Services
The specifics of the services you receive, including their scope, deliverables, and timelines, will be outlined in the separate written service agreement you enter into with us.
Use of the Website
You may use our website for your personal or business purposes, subject to these Terms. You agree not to:
- Use our website for any unlawful purpose.
- Attempt to gain unauthorized access to our systems or other users’ accounts.
- Upload or transmit viruses, malware, or any other harmful code.
- Infringe on our intellectual property rights.
- Engage in any activity that could damage, disable, or impair our website.
- Collect or harvest any personally identifiable information from our website.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
We reserve the right to suspend or terminate your access to our website if we believe you are in violation of these terms. Also visit our website disclaimer.
Account Registration
Certain services may require you to register for an account on our website. You are responsible for:
- Maintaining the confidentiality of your account password and any login information.
- All activities that occur under your account, including anything done by your team.
- Providing accurate and complete information during registration.
- Updating your registration information as needed to keep it accurate and current.
Intellectual Property
All content on our website, including text, graphics, logos (including the HS logo), images, videos, and software, is the exclusive property of HS Digital Marketing or its licensors, and is protected by copyright and other intellectual property laws. You may not:
- Reproduce, distribute, or create derivative works from our content without our explicit permission.
- Use our trademarks or logos without our prior written consent.
- Modify, reverse engineer, or decompile our software.
HS Digital Marketing retains the right to display any work developed on your behalf in our portfolio unless otherwise agreed upon in writing.
User-Generated Content
If you submit any content to our website (e.g., comments, testimonials, reviews), you grant HS Digital Marketing a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display that content for our business purposes. You represent that you have the necessary rights to grant us this license and that the content does not violate any third-party rights.
Fees and Payments
Fees for our services will be outlined in your individual service agreement. You agree to:
- Pay all applicable fees as specified in your service agreement.
- Make payments in a timely manner, according to the payment schedule in the service agreement.
- Understand that late payments may incur penalties as specified in your service agreement.
- Recognize that we may suspend or terminate services if payment is not received.
- Accept that full ownership of all deliverables will remain with HS Digital Marketing until all due payments are received. Also visit our cancellation and refund policy.
Service Agreements
For the purposes of these Terms, a “service agreement” refers to the specific written agreement entered into between you and HS Digital Marketing that defines, but is not limited to: the particular services provided, their scope, deliverables, project timelines, payment terms, intellectual property rights, and any other specific conditions agreed upon by both parties. In the event of any conflict between these Terms and your service agreement, the terms of your service agreement shall prevail.
Disclaimers
Our website and services are provided on an “as-is” and “as available” basis. To the fullest extent permitted by law, HS Digital Marketing makes no warranties, either express or implied, including but not limited to:
- Guarantees of specific results or outcomes from our services, as digital marketing results can vary based on numerous factors.
- Warranties of merchantability or fitness for a particular purpose.
- Warranties that our website will be error-free or always available.
- Warranties that third-party services we use are free from error.
Limitation of Liability
To the fullest extent permitted by applicable law, HS Digital Marketing and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services. This includes, but is not limited to: loss of profits, data, business opportunities, or any damages resulting from third-party service disruptions.
Indemnification
You agree to indemnify, defend, and hold harmless HS Digital Marketing and its affiliates, directors, officers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:
- Your use of our website or services.
- Your violation of these Terms.
- Your violation of any applicable law.
- Your infringement on any third-party rights.
- Any content you submit to our website.
Confidentiality
Both you and HS Digital Marketing agree to:
- Keep any confidential information shared between us private and secure.
- Not disclose any confidential information to third parties without prior written consent from the other party.
This obligation applies both during and after our business relationship.
Dispute Resolution
We are committed to resolving disputes amicably. In the event of a dispute, we agree to:
- First attempt to resolve the matter through direct communication and negotiation.
- If direct communication fails, we agree to engage in mediation.
- If mediation is unsuccessful, the matter will be resolved by the courts of the jurisdiction outlined in your service agreement.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction specified in your service agreement, without regard to its conflict of laws principles.
Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of war, terrorism, pandemics, or governmental regulations (or as defined in your service agreement).
Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any applicable service agreement, constitute the entire understanding between you and HS Digital Marketing and supersede all prior agreements and communications, both written and oral.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website with a new “Last Updated” date. You are responsible for reviewing these Terms periodically. Your continued use of our website or services after any changes constitutes acceptance of the updated Terms.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
HS Digital Marketing
Email: [email protected]
Our offices are located in:
- Brampton, Canada
- New York, USA
- Sheffield, United Kingdom