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Terms & Conditions

Effective Date: May 5, 2026

Last Updated: May 5, 2026

Website: https://lushdigitalmarketing.com

Business: Lush Digital Marketing — Texas, USA

Welcome to Lush Digital Marketing. By accessing or using our website (lushdigitalmarketing.com) and engaging our services, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our website or services.

1. Acceptance of Terms

By using this website, submitting an inquiry, or entering into a service agreement with Lush Digital Marketing, you agree to these Terms & Conditions in full. These Terms apply to all visitors, clients, and any other users of our website.

2. Services Offered

Lush Digital Marketing offers the following digital marketing services:

  • Search Engine Optimization (SEO)
  • Social Media Marketing & Management
  • Content Creation & Content Marketing
  • Email Marketing
  • Pay-Per-Click (PPC) & Paid Advertising (Meta, Google, TikTok)
  • Web Development & Design
  • Brand Strategy
  • Influencer & Talent Management
  • Marketing Consulting & Coaching
  • Public Relations (PR)

Specific service terms, deliverables, timelines, and pricing are outlined in individual service agreements or proposals provided to each client.

3. Client Responsibilities

Clients agree to:

  • Provide accurate, complete, and timely information necessary for service delivery
  • Grant Lush Digital Marketing reasonable access to accounts, platforms, and assets required to perform agreed services
  • Review and approve deliverables within agreed-upon timelines
  • Honor payment schedules as outlined in their service agreement
  • Ensure all content, trademarks, and materials provided to Lush Digital Marketing are owned by the client or properly licensed

4. Payment Terms

Payment terms are established in individual client agreements. Generally:

  • Invoices are due upon receipt or per the schedule defined in the service contract
  • Late payments may be subject to a late fee as outlined in the client agreement
  • Lush Digital Marketing reserves the right to pause or terminate services for accounts with outstanding balances
  • Retainer fees are non-refundable once work has commenced for the applicable period

5. Intellectual Property

5.1 Client-Owned Content

Any content, trademarks, logos, or materials provided by the client remain the property of the client. The client grants Lush Digital Marketing a limited license to use such materials solely for the purpose of delivering services.

5.2 Agency-Created Content

Upon receipt of full payment, creative assets, copy, and deliverables produced by Lush Digital Marketing for the client become the client’s property. Proprietary methodologies, templates, frameworks, and processes developed by Lush Digital Marketing remain the exclusive property of the agency.

5.3 Website Content

All content on lushdigitalmarketing.com — including but not limited to text, graphics, case studies, branding, and design — is the property of Lush Digital Marketing and is protected by applicable intellectual property laws. Reproduction without prior written consent is prohibited.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship. Lush Digital Marketing will not disclose client business strategies, financial information, or campaign data to third parties without explicit consent, except as required by law.

7. Termination of Services

Either party may terminate a service agreement in accordance with the notice period specified in the client’s contract (typically 30 days written notice). Upon termination:

  • The client will be invoiced for all work completed to the termination date
  • Lush Digital Marketing will deliver completed work assets that have been fully paid for
  • Access to agency-managed accounts will be returned or transferred within a reasonable timeframe

8. Limitation of Liability

To the maximum extent permitted by law, Lush Digital Marketing’s total liability to any client shall not exceed the total fees paid by the client in the three (3) months preceding the claim. Lush Digital Marketing shall not be liable for:

  • Loss of profits, revenue, or business opportunities
  • Indirect, incidental, or consequential damages
  • Changes in third-party platform algorithms, policies, or performance that impact campaign results
  • Unauthorized access to client accounts or data caused by factors outside our control

9. No Guarantee of Results

Digital marketing results depend on many variables including market conditions, competition, platform algorithm changes, and client cooperation. While we work diligently to achieve the best possible outcomes, Lush Digital Marketing does not guarantee specific rankings, traffic volumes, leads, or revenue figures.

10. Third-Party Platforms & Tools

Our services may involve use of third-party platforms (Meta, Google, TikTok, email service providers, scheduling tools, CRMs, etc.). Lush Digital Marketing is not responsible for changes to or disruptions in those platforms. Ad spend managed on behalf of clients is subject to the terms of the respective advertising platforms.

11. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States. Any disputes arising shall be subject to the exclusive jurisdiction of the courts located in Texas.

12. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with applicable Texas law before any litigation is pursued.

13. Modifications to Terms

Lush Digital Marketing reserves the right to update these Terms & Conditions at any time. Updated terms will be posted on our website with a revised effective date. Continued use of our website or services after updates constitutes acceptance of the new terms.

14. Entire Agreement

These Terms & Conditions, together with any executed service agreement and our Privacy Policy, constitute the entire agreement between you and Lush Digital Marketing with respect to your use of our website and services.

15. Contact Information

For questions or concerns regarding these Terms & Conditions, please contact:

Website: https://lushdigitalmarketing.com