Legal
Terms of Service
These Terms of Service ("Terms") govern your use of hightidemarketing.com and any services provided by High Tide Marketing ("we," "us," or "our"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.
1. Services
High Tide Marketing provides digital marketing services including but not limited to social media management, paid advertising, search engine optimization, website design, video production, and audience intelligence reporting. Specific deliverables, timelines, and fees are defined in individual client agreements or proposals.
2. Client Agreements
Services are provided under a separate client agreement or statement of work signed by both parties. In the event of a conflict between these Terms and a signed client agreement, the client agreement governs. These Terms apply to general use of our website and any services not otherwise covered by a specific agreement.
3. Payment Terms
- Invoices are due upon receipt unless otherwise specified in your client agreement.
- Late payments may be subject to a 1.5% monthly finance charge.
- We reserve the right to pause or terminate services for accounts more than 30 days past due.
- Ad spend budgets are billed separately from management fees and are due in advance.
- All fees are non-refundable unless otherwise stated in writing.
4. Month-to-Month Engagements
Most High Tide Marketing services operate on a month-to-month basis with no long-term contracts required. Either party may terminate services with 30 days written notice. Work completed and expenses incurred prior to termination are billable.
5. Client Responsibilities
To deliver effective results, clients agree to:
- Provide accurate business information, brand assets, and access credentials in a timely manner
- Review and approve content within the timelines specified in your agreement
- Maintain active ad platform accounts and sufficient ad spend budgets
- Notify us promptly of business changes that may affect campaign strategy
- Ensure all information provided to us is accurate and does not violate third-party rights
6. Intellectual Property
Your Content
You retain ownership of all content, brand assets, and materials you provide to us. You grant us a limited license to use these materials solely to perform the agreed services.
Our Work Product
Upon receipt of full payment, you own all creative deliverables produced specifically for you (ad creatives, written content, custom graphics). We retain ownership of our proprietary processes, templates, tools, and methodologies. We may include your work in our portfolio unless you request otherwise in writing.
Website Content
All content on hightidemarketing.com — including text, graphics, logos, and code — is owned by High Tide Marketing and protected by applicable intellectual property laws. You may not reproduce or distribute any portion without our prior written consent.
7. Advertising Platform Policies
All campaigns we manage must comply with the advertising policies of the relevant platforms (Meta, Google, TikTok, etc.). We are not liable for campaign suspensions, disapprovals, or account restrictions caused by platform policy changes or by client content that violates platform guidelines. We will work in good faith to resolve any such issues.
8. Results & Performance
Digital marketing results depend on many factors outside our control, including market conditions, ad platform algorithms, competitive landscape, and client-side factors (website quality, product-market fit, pricing). We do not guarantee specific outcomes such as a defined number of leads, a specific ROAS, or particular search rankings. We commit to applying best-practice strategies and transparent reporting.
9. Confidentiality
Both parties agree to keep confidential any non-public business information shared during the engagement. This obligation survives termination of services for a period of two (2) years. This does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.
10. Limitation of Liability
To the maximum extent permitted by law, High Tide Marketing's total liability to you for any claim arising from our services shall not exceed the fees paid by you in the three (3) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or revenue, even if advised of the possibility of such damages.
11. Indemnification
You agree to indemnify and hold harmless High Tide Marketing and its employees, contractors, and agents from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your content, or your violation of any law or third-party rights.
12. Disclaimer of Warranties
Our website and services are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted or error-free.
13. Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Chatham County, Georgia, and you consent to personal jurisdiction in those courts.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date above. Continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.
15. Contact Us
Questions about these Terms? Reach out:
High Tide Marketing
Savannah, GA
(912) 231-5182
[email protected]