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Terms of Service

Effective Date: January 1, 2023
Company Name: The Marketing Rocket LLC (“Agency,” “we,” “us,” or “our”)
Business Address: 401 Popula Blvd. Wappingers Falls NY,  12590

 

1. Acceptance of Terms

By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service, along with any applicable service agreements, proposals, or statements of work. If you do not agree, you must not use our services.

 

2. Services Provided

We provide digital marketing, advertising, website management, and related services. Specific deliverables will be outlined in separate proposals, contracts, or statements of work (SOW). Services may include, but are not limited to:

  • Paid advertising campaigns (Google, Meta, etc.)
     

  • SEO and analytics reporting
     

  • Website management and hosting support
     

  • Professional Consultation Services
     

 

3. No Guarantee of Results

We do not guarantee specific outcomes, sales, rankings, or performance metrics. Marketing involves variables beyond our control (including platform algorithms, competition, consumer behavior, and market conditions). While we strive to achieve agreed-upon objectives, all results are estimates and subject to change.

 

4. Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information, approvals, and materials necessary for our work.
     

  • Ensure you have the rights to all content, trademarks, and intellectual property you provide to us.
     

  • Comply with all applicable laws and advertising regulations.
     

Failure to cooperate may delay or limit performance, for which we are not liable.

 

5. Fees & Payment

  • Fees will be specified in invoices, contracts, or SOWs.

  • Payments are due by due date on invoice.

  • Campaign ad spend (e.g., Google Ads, Meta Ads) is billed separately and is Client’s responsibility.

  • All payments made to The Marketing Rocket LLC in exchange for marketing and consulting services are not eligible for refund. 

 

6. Term & Termination

  • Either party may terminate services with [30 days] written notice unless otherwise specified in a contract.
     

  • We may terminate immediately if Client breaches these Terms, fails to pay, or engages in unlawful activity.
     

  • Upon termination, all unpaid fees become immediately due, and all licenses to use our deliverables are revoked unless paid in full.
     

 

7. Intellectual Property

  • Agency IP: All strategies, processes, tools, templates, and proprietary materials remain our exclusive property.
     

  • Client IP: You retain ownership of your logos, trademarks, and pre-existing content.
     

  • Deliverables: Final paid-for creative works may be used by Client for agreed purposes. We reserve the right to showcase completed work in our portfolio.
     

 

8. Confidentiality

Both parties agree to maintain confidentiality regarding all non-public information disclosed during the engagement. This obligation survives termination.

 

9. Disclaimers

  • Services are provided “as is” without warranties of any kind, express or implied.
     

  • We are not responsible for platform outages, third-party service disruptions, or loss of data beyond our control.
     

  • We are not liable for claims arising from Client’s false or misleading advertising content.
     

 

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid us in the three (3) months preceding the claim.
     

  • We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or opportunities.
     

 

11. Indemnification

You agree to indemnify, defend, and hold harmless the Agency and its employees, contractors, and affiliates from any claims, damages, or expenses arising from:

  • Content you provide;
     

  • False claims about your products or services;
     

  • Your violation of applicable laws or third-party rights.
     

 

12. Governing Law & Dispute Resolution

  • These Terms shall be governed by the laws of the State of New York.
     

  • Any disputes shall be resolved in the courts of Dutchess County.
     

  • Parties agree to attempt good-faith mediation before pursuing litigation.
     

 

13. Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (including natural disasters, strikes, government actions, or internet outages).

 

14. Changes to Terms

We reserve the right to update these Terms at any time. The most current version will always be posted on our website, with notice given when material changes occur.

 

15. Entire Agreement

These Terms, along with applicable contracts and SOWs, constitute the full agreement between the parties and supersede all prior discussions.

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