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Terms & Conditions

Name: Fresh Marketing Solution
Address: 9550 S. Eastern Ave Suite 253, Las Vegas, NV, 89123, US
Telephone: (725) 257-2443
Price range: $$
Rating: 5.0

Effective Date: March 15, 2026

Website: www.freshmarketingsolution.com

Contact Email: [email protected]

Please read these Terms and Conditions ("Terms") carefully before using the website or services provided by Fresh Marketing Solution ("Company," "we," "us," or "our"). These Terms govern your access to and use of our website and all related marketing, automation, and digital services.

1. ACCEPTANCE OF TERMS

By accessing our website, submitting an inquiry, executing a service agreement, or using any services provided by Fresh Marketing Solution, you agree to be legally bound by these Terms. If you do not agree to all of the Terms stated herein, you must not access or use our website or services.

These Terms constitute a binding legal agreement between you ("Client" or "you") and Fresh Marketing Solution. Your continued use of our services following any update to these Terms constitutes your acceptance of the revised Terms.

2. SERVICES DESCRIPTION

Fresh Marketing Solution provides done-for-you marketing systems and related services to small and growing businesses. Services may include, but are not limited to:

Paid advertising and PPC campaign management
Search engine optimization (SEO) and local search visibility
Social media management and content publishing
Website design and development
Automated follow-up and lead management systems
Reputation management and review generation
Email and SMS campaigns
Calendar booking systems and scheduling tools
Reporting and analytics dashboards

The specific services, deliverables, timelines, and pricing applicable to each client engagement are outlined in the applicable service agreement, proposal, or order form ("Service Agreement"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement controls with respect to that specific engagement.

Fresh Marketing Solution reserves the right to modify, suspend, or discontinue any service or feature at any time with reasonable advance written notice to affected clients. We will make reasonable efforts to minimize disruption to your business when changes are made.

3. CLIENT RESPONSIBILITIES

3.1 Accuracy of Information

You agree to provide accurate, current, and complete information when engaging our services, including during onboarding, account setup, and throughout the duration of our engagement. Providing false or misleading information may result in immediate termination of services without refund.

3.2 Timely Approvals and Feedback

Timely delivery of our services depends on your cooperation. You agree to review deliverables, provide approvals, and supply required materials (including but not limited to logos, brand assets, copy, images, and access credentials) within timeframes communicated by our team. Delays caused by your failure to respond or provide materials may result in project delays for which Fresh Marketing Solution is not responsible.

3.3 Account Access and Credentials

To the extent that service delivery requires access to your third-party accounts (including Google, Meta, or other platforms), you authorize Fresh Marketing Solution to access those accounts solely for the purpose of delivering contracted services. You are responsible for maintaining appropriate access controls and revoking access promptly upon termination of the engagement.

3.4 Platform Policy Compliance

You are solely responsible for ensuring that your business, products, services, and content comply with the terms of service and advertising policies of all third-party platforms, including Google, Meta (Facebook/Instagram), and others. Fresh Marketing Solution is not responsible for account suspensions, disapprovals, or penalties imposed by third-party platforms as a result of your content or business practices.

4. PAYMENT TERMS

4.1 Fees and Billing

Service fees are as set forth in the applicable Service Agreement. Unless otherwise stated, recurring services are billed on a monthly basis in advance. All fees are denominated in U.S. dollars.

4.2 Late Payments

Payments not received within ten (10) days of the due date may incur a late fee of 1.5% per month on the outstanding balance. Fresh Marketing Solution reserves the right to suspend services for accounts that are more than fifteen (15) days past due. Suspended accounts will be restored upon receipt of all past-due amounts.

4.3 Refund Policy

All fees paid to Fresh Marketing Solution are non-refundable unless expressly stated otherwise in a written Service Agreement. Setup fees, onboarding fees, and the first month of service are non-refundable under any circumstances. We do not issue pro-rated refunds for partial months of service.

If you believe you have been billed in error, you must notify us in writing within thirty (30) days of the billing date. We will investigate and issue a credit if an error is confirmed.

4.4 Chargebacks and Payment Disputes

Initiating a chargeback or payment reversal without first contacting Fresh Marketing Solution to resolve the dispute constitutes a material breach of these Terms. In the event of an unwarranted chargeback, you agree to reimburse Fresh Marketing Solution for all fees, costs, and expenses incurred in connection with the dispute, including reasonable attorneys' fees.

5. INTELLECTUAL PROPERTY

5.1 Work Product Ownership

Upon receipt of full payment for services, Fresh Marketing Solution assigns to you all right, title, and interest in original deliverables created specifically for your engagement (including custom website designs, ad copy, and written content), to the extent such materials constitute original works of authorship. Work product remains the property of Fresh Marketing Solution until all outstanding invoices are paid in full.

5.2 License to Client Materials

You grant Fresh Marketing Solution a limited, non-exclusive, royalty-free license to use your brand assets, trademarks, logos, and content solely as necessary to perform the contracted services. This license terminates upon conclusion of the engagement.

5.3 Portfolio Rights

Fresh Marketing Solution reserves the right to identify you as a client and display work created for your engagement in our portfolio, case studies, and marketing materials, unless you provide written objection prior to commencement of services or within thirty (30) days following completion.

5.4 Third-Party Tools and Licensed Assets

Our services may incorporate third-party tools, plugins, fonts, stock images, or licensed software. Your use of such assets is subject to the applicable third-party licensing terms. Fresh Marketing Solution is not responsible for changes to third-party license terms or the discontinuation of third-party tools.

6. CONFIDENTIALITY

Each party agrees to hold in strict confidence all non-public, proprietary, or sensitive information disclosed by the other party in connection with the engagement ("Confidential Information"), including but not limited to business strategies, login credentials, customer data, financial information, and marketing plans.

Neither party shall disclose the other party's Confidential Information to any third party without prior written consent, except as required by law or legal process. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by court order or applicable law.

These confidentiality obligations survive termination of the engagement for a period of three (3) years.

7. RESULTS DISCLAIMER

Fresh Marketing Solution does not guarantee any specific results from the services provided, including but not limited to improvements in search engine rankings, website traffic, lead volume, conversion rates, or revenue. Digital marketing outcomes are inherently uncertain and influenced by factors outside our control, including search engine algorithm updates, platform policy changes, market conditions, and competitor activity.

Any projections, estimates, or examples of past results shared in our marketing materials or sales process are illustrative only and do not constitute a guarantee of similar results for your business.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESH MARKETING SOLUTION'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL FRESH MARKETING SOLUTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure: Fresh Marketing Solution shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, internet or utility outages, or third-party platform failures.

9. INDEMNIFICATION

9.1 Client Indemnification

You agree to indemnify, defend, and hold harmless Fresh Marketing Solution and its officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) content, materials, or information you provide; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your violation of applicable law.

9.2 Agency Indemnification

Fresh Marketing Solution agrees to indemnify, defend, and hold harmless you from claims arising from our gross negligence or willful misconduct in the performance of services.

10. TERMINATION

10.1 Termination by Either Party

Either party may terminate the engagement by providing thirty (30) days' written notice to the other party, unless a shorter or longer notice period is specified in the applicable Service Agreement.

10.2 Termination for Cause

Fresh Marketing Solution may terminate services immediately, without notice or refund, in the event of your material breach of these Terms, non-payment, or conduct that exposes Fresh Marketing Solution to legal liability.

10.3 Client Obligations Upon Termination

All outstanding fees and charges become immediately due and payable upon termination. You remain responsible for all fees owed through the effective date of termination.

10.4 Agency Obligations Upon Termination

Upon termination, Fresh Marketing Solution will cease all work, cease use of your brand assets and credentials, and make reasonable efforts to facilitate the transfer of assets and access where feasible. We will retain or delete your data in accordance with our Privacy Policy and applicable law.

10.5 Survival

Sections relating to payment obligations, intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination of these Terms.

11. DISPUTE RESOLUTION

11.1 Good Faith Negotiation

Before initiating formal proceedings, the parties agree to attempt resolution of any dispute through good faith negotiation for a period of at least thirty (30) days following written notice of the dispute.

11.2 Binding Arbitration

If good faith negotiation fails, any dispute, claim, or controversy arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Clark County, Nevada, or by video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND FRESH MARKETING SOLUTION WAIVE ANY RIGHT TO BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. All disputes must be brought on an individual basis only.

11.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions.

12. MODIFICATIONS TO TERMS

Fresh Marketing Solution reserves the right to update or modify these Terms at any time. We will provide reasonable notice of material changes by updating the "Effective Date" at the top of this page and, where appropriate, by notifying you via email or through our platform. Your continued use of our services following notice of changes constitutes your acceptance of the revised Terms.