Terms & Conditions

Last Updated: October 2, 2025

Agreement to Terms

Welcome to Sarah Mitchell Digital Marketing ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website sarahmitchell.com (the "Site") and the digital marketing services we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services. Please read these Terms carefully before using our Services.

Definitions

"Client" or "You"

Refers to the individual or entity accessing our Services or entering into an agreement with us.

"Services"

Refers to all digital marketing services provided by Sarah Mitchell Digital Marketing, including but not limited to SEO, social media marketing, content creation, paid advertising, and consulting.

"Content"

Refers to all text, images, videos, graphics, software, and other materials available on our Site or created as part of our Services.

"Agreement"

Refers to the binding contract formed between you and Sarah Mitchell Digital Marketing upon acceptance of these Terms and any service-specific agreements.

Use of Services

Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Use our Services for illegal purposes
Transmit viruses or malicious code
Attempt to gain unauthorized access
Harass or harm other users
Violate intellectual property rights
Impersonate others or provide false information

Service-Specific Terms

Service Agreements

When you engage our Services, we will provide you with a specific service agreement or proposal outlining the scope of work, deliverables, timeline, and fees. That agreement, along with these Terms, will govern our relationship.

No Guarantees

While we strive to deliver exceptional results, digital marketing outcomes depend on many factors beyond our control, including third-party platform policies and algorithm changes. We do not guarantee:

  • Specific search engine rankings or positions
  • Exact amounts of traffic, leads, or sales
  • Social media follower counts or engagement rates
  • Return on investment (ROI) percentages
  • Protection against algorithm changes by third-party platforms (Google, Facebook, Instagram, etc.)
  • Ad approval by Facebook, Google, or other advertising platforms
  • Continued availability of any third-party advertising platform or service

Facebook Advertising Disclaimer

Facebook advertising campaigns are subject to Facebook's Advertising Policies and Community Standards. We cannot guarantee ad approval, reach, or results as these are determined by Facebook's algorithms and policies. Campaign performance may be affected by factors including but not limited to: audience targeting limitations, platform policy changes, ad auction competition, and seasonal variations.

Client Responsibilities

To achieve optimal results, you agree to:

  • Provide timely access to necessary accounts, platforms, and materials
  • Respond promptly to requests for information or approvals
  • Ensure all provided content is accurate and legally compliant
  • Maintain active and valid payment methods
  • Notify us of any changes to your business or marketing goals
  • Comply with all applicable advertising platform policies (Facebook Advertising Policies, Google Ads Policies, etc.)
  • Provide accurate business information and ensure your Facebook Business Page and advertising accounts are properly set up
  • Not engage in prohibited advertising practices as defined by advertising platforms

Prohibited Content & Practices

You agree that any content or advertising campaigns will not:

  • • Violate Facebook's Advertising Policies or Community Standards
  • • Promote illegal products, services, or activities
  • • Contain discriminatory, hateful, or offensive content
  • • Make false, misleading, or deceptive claims
  • • Infringe on intellectual property rights
  • • Promote unsafe practices or harmful products
  • • Violate user privacy or data protection laws

If your content violates platform policies and results in account suspension or campaign rejection, you remain responsible for all fees incurred.

Payment Terms

Fees and Payment

All fees are specified in your service agreement. Unless otherwise stated:

  • All fees are quoted in U.S. Dollars (USD)
  • Payment is due within 7 days of invoice date
  • Late payments may incur a 1.5% monthly interest charge
  • We accept credit cards, ACH transfers, and wire transfers

Recurring Payments

For ongoing services, you authorize us to charge your payment method automatically on the agreed-upon schedule. You may cancel recurring payments by providing 30 days' written notice.

Refund Policy

Due to the nature of digital marketing services, all fees are non-refundable once work has commenced. However, if you are dissatisfied with our services, we encourage you to contact us so we can address your concerns.

Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental charges. You are responsible for paying all such taxes associated with your use of our Services.

Advertising Budget & Platform Fees

For paid advertising services (Facebook Ads, Google Ads, etc.):

  • Ad Spend: You are responsible for all advertising costs charged directly by advertising platforms (Facebook, Google, etc.). These costs are separate from our service fees.
  • Budget Control: You authorize us to manage ad campaigns within agreed-upon budget limits. You may adjust budgets with reasonable notice.
  • Platform Billing: Advertising platforms will bill you directly or through your connected payment method. We are not responsible for platform billing issues.
  • Minimum Budgets: Effective campaigns may require minimum monthly ad spend as recommended by the platform (typically $500-$1000+ for Facebook Ads).
  • No Refunds on Ad Spend: Money spent on advertising platforms is non-refundable, regardless of campaign performance.

Intellectual Property Rights

Our Intellectual Property

All content on our Site, including text, graphics, logos, images, software, and methodologies, is the property of Sarah Mitchell Digital Marketing or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Client Content

You retain ownership of any content you provide to us. By providing content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content for the purpose of providing our Services.

Work Product

Upon full payment, you will own the final deliverables created specifically for you (e.g., content, graphics, campaigns). We retain ownership of any pre-existing materials, templates, tools, or methodologies used in creating the deliverables.

Portfolio Rights

We reserve the right to use completed work in our portfolio, case studies, and marketing materials unless you explicitly request otherwise in writing. This may include displaying ad creatives, campaign results, and testimonials on our website and social media channels.

Third-Party Platform Rights

When we create content or campaigns for third-party platforms (Facebook, Instagram, Google, etc.), that content is also subject to the platform's terms of service and content policies. By using our services, you acknowledge that:

  • Content posted on social media platforms may be used by those platforms according to their terms
  • Facebook/Meta may use your ads for training and improving their advertising systems
  • We do not control platform policies regarding content ownership or usage
  • You must comply with each platform's terms of service and intellectual property policies

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our relationship. This obligation continues for 2 years after termination of services.

Confidential information does not include information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) must be disclosed by law.

Third-Party Platform Compliance & Policies

When using our services for advertising or marketing on third-party platforms, you agree to comply with all applicable platform policies and terms:

Facebook/Meta Platforms

Google Platforms

Account Access & Permissions: To provide advertising services, you grant us permission to access and manage your advertising accounts on these platforms. You authorize us to:

  • • Create, modify, and manage ad campaigns
  • • Access advertising insights and analytics
  • • Manage advertising budgets within agreed limits
  • • Install and configure tracking pixels (Facebook Pixel, Google Analytics, etc.)
  • • Create and manage custom audiences

You retain ownership of your accounts and can revoke access at any time, which may result in service termination.

Platform Suspension Risk: Advertising accounts may be suspended or disabled by platforms for policy violations. While we strive to maintain compliance, we are not responsible for account suspensions, ad disapprovals, or policy enforcement actions taken by third-party platforms. Any disputes regarding platform decisions must be resolved directly with the platform.

Limitation of Liability

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY

To the maximum extent permitted by law, Sarah Mitchell Digital Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

Our total liability for any claims arising from our Services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

Advertising Platform Disclaimer: We are an independent service provider and are not affiliated with, endorsed by, or officially connected with Facebook, Meta, Google, or any other advertising platform. These platforms may change their policies, algorithms, or services at any time without notice, which may impact campaign performance.

Indemnification

You agree to indemnify, defend, and hold harmless Sarah Mitchell Digital Marketing, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Platform Policy Compliance: You are ultimately responsible for ensuring all advertising content complies with applicable platform policies. While we make reasonable efforts to create compliant campaigns, final responsibility for policy compliance rests with you as the advertiser. You will indemnify us for any claims arising from policy violations in content you approved or provided.

Termination

Termination by You

You may terminate your service agreement by providing 30 days' written notice. You remain responsible for all fees incurred up to the termination date and any non-cancellable third-party costs.

Termination by Us

We reserve the right to suspend or terminate your access to our Services immediately, without prior notice, if you violate these Terms or engage in fraudulent or illegal activities.

Effect of Termination

Upon termination, your right to use our Services ceases immediately. We will provide you with any completed work and transfer access to accounts under your control. Provisions regarding payment, confidentiality, intellectual property, and limitation of liability survive termination.

Dispute Resolution

Informal Resolution

Before initiating any formal proceedings, you agree to contact us to attempt to resolve any dispute informally. Most disputes can be resolved through good-faith negotiation.

Arbitration

If we cannot resolve a dispute informally, any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California.

Governing Law

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

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

Miscellaneous Provisions

Entire Agreement

These Terms, together with any service-specific agreements, constitute the entire agreement between you and Sarah Mitchell Digital Marketing.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us:

Sarah Mitchell Digital Marketing
+1 (555) 123-4567
123 Marketing Boulevard, Suite 500, San Francisco, CA 94102

Acceptance: By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.