The complimentary services, including but not limited to website and logo (“Assets”), are provided to eligible clients as part of your service agreement with HS Marketing under the following terms and conditions:
Eligibility for Complimentary Services:
- Minimum Service Term: To qualify for the complimentary offer (the “Assets”), Client must enter into a Service Agreement with HS Marketing for a minimum term of 12 months for any of the All-in-One service packages.
- Active Account Status: Client’s account must remain in active status, with all payments current and no material breaches of the Service Agreement, for the duration of the minimum service term.
- New Clients Only: This complimentary offer applies only to new HS Marketing clients and is not applicable to existing clients renewing or upgrading their services.
- Sole Discretion: HS Marketing reserves the sole and absolute right to determine Client’s eligibility for the complementary Assets offer, and its determination shall be final and binding. HS Marketing may modify or terminate this offer at any time, with or without notice.
- Non-Transferable: This complimentary offer is non-transferable and applies only to the specific Client named in the Service Agreement.
Ownership and Licensing
The Assets remain the exclusive intellectual property of HS Marketing during the term of the service agreement. You are granted a non-exclusive, revocable, and limited-use license to utilize these Assets solely as part of the services rendered under the agreement.
Management and Maintenance
All management, hosting, and maintenance responsibilities for the Assets are retained by HS Marketing during the agreement. Clients are prohibited from independently accessing, modifying, or transferring the Assets without prior written consent.
Ownership Transfer Upon Completion
Upon the successful completion of the agreed-upon service term, HS Marketing will transfer ownership of the Assets to the client. This transfer includes intellectual property rights and administrative control, provided all contractual obligations, including payments, are fully satisfied.
- Following the transfer of ownership, the client shall bear sole responsibility for any recurring third-party expenses associated with the Assets, including but not limited to web hosting fees and third-party tool subscriptions. HS Marketing shall have no further financial or administrative obligations regarding such third-party expenses post-transfer.
- Any future maintenance or support services provided by HS Marketing will require a separate agreement or will be governed as described in the service agreement.
Termination of Service
In the event of early termination or non-renewal of the services as per agreement:
- The Assets will remain the property of HS Marketing.
- The client may choose to purchase the Assets at a pre-determined buyout price, as outlined in the agreement, to secure continued use.
- If no purchase is made within the agreed timeframe (typically 6 months) post-termination, HS Marketing reserves the right to retain, reassign, or repurpose the Assets.
Option for Disagreement with Terms
Clients who do not meet the eligibility requirements, or do not agree to the terms associated with the complimentary services, you will not be eligible for these free services. Instead, you may purchase the website, logo, or other related services at the standard rates offered by HS Marketing. This ensures you have complete ownership from the outset without any ongoing obligations tied to our service plans.
Repurposing of Assets Clause
Should the client fail to renew or purchase the Assets after termination, HS Marketing retains full authority to repurpose these Assets. This clause protects the proprietary investment in creating and maintaining these Assets. “Repurposing” includes, but is not limited to, reusing design elements, templates, code, content or all for other projects, and modifying the Assets for general use. Client-specific content and branding will be removed before repurposing.
Modification of Terms
HS Marketing reserves the right to amend these terms and conditions with prior written notice, ensuring compliance with evolving business practices and legal standards.
Client Acknowledgment
By entering into this service agreement, the client acknowledges and agrees to these terms as outlined herein and as supplemented by the master service agreement.
- Important Note:
All terms related to ownership, usage, and transfer are governed by the overarching service agreement, which supersedes any informal communications or representations. Clients are encouraged to review the full agreement or consult legal counsel for a comprehensive understanding of their rights and obligations.
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