TERMS AND CONDITIONS
HeartBeep Marketing NH — Last Updated: September 2026
AGREEMENT TO TERMS
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and HeartBeep Marketing NH, located at 146 Chesley Hill Rd, Rochester, NH 03839. By accessing our Website at heartbeepmarketingnh.com or engaging our services, you confirm you have read, understood, and agree to these Terms. If you do not agree, please discontinue use immediately.
OUR SERVICES
HeartBeep Marketing NH provides: website design and development, SEO and SEM, paid advertising management (Google, Facebook, Instagram), social media management, content creation, TV commercial production, business AI integration, custom WordPress plugin development, managed email hosting and security, marketing analytics, and HeartBeep CRM software (heartbeep.app).
The specific scope, deliverables, timeline, and fees for any engagement will be outlined in a separate Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement takes precedence.
PERMITTED AND PROHIBITED USE
You may use our Website for lawful purposes only. You agree not to: violate any applicable laws, attempt unauthorized access to our systems, transmit viruses or malicious code, use bots or scrapers, post offensive or defamatory content, impersonate any person or entity, or send unsolicited communications through our Website.
HeartBeep reserves the right to terminate your access at any time for conduct that violates these Terms.
CLIENT RESPONSIBILITIES
When engaging our services, you agree to: provide accurate and complete information, grant HeartBeep timely access to accounts and platforms needed to perform services, review and provide feedback within agreed timeframes, ensure that materials you provide do not infringe third-party rights, and pay all fees per the Service Agreement terms.
Delays or issues caused by your failure to meet these obligations are not the liability of HeartBeep.
PAYMENT TERMS
All fees are set forth in the applicable Service Agreement. Unless otherwise specified, payment is due within 14 days of the invoice date. Invoices unpaid after 30 days may be subject to a late fee of 1.5% per month. HeartBeep reserves the right to pause or suspend services on accounts with outstanding overdue balances.
If you dispute a charge, notify us in writing within 7 days of the invoice date. Undisputed portions remain due on the original date.
All fees are generally non-refundable once work has commenced. Deposits paid to reserve our services are non-refundable unless otherwise agreed in writing.
INTELLECTUAL PROPERTY
HeartBeep’s IP — All Website content including text, graphics, logos, and software is the property of HeartBeep Marketing NH and protected by applicable law. You may not reproduce or commercially exploit any Website content without prior written consent.
Client Materials — Materials you provide remain your property. By providing them, you grant HeartBeep a non-exclusive license to use them solely to deliver the agreed services.
Deliverables — Upon receipt of full payment, HeartBeep assigns ownership of final deliverables to the Client. HeartBeep retains ownership of preliminary work, proprietary tools, templates, methodologies, and third-party licensed assets. HeartBeep reserves the right to display completed work in our portfolio unless the Client requests otherwise in writing.
THIRD-PARTY PLATFORMS
Our services often involve third-party platforms such as Google Ads, Meta, WordPress, and social media networks. These are governed by their own terms. HeartBeep is not responsible for algorithm changes, policy updates, pricing changes, or service interruptions by third-party platforms.
NO GUARANTEE OF RESULTS
HeartBeep cannot guarantee specific outcomes including search engine rankings, traffic levels, lead volume, sales, or return on advertising spend. Marketing results are influenced by many factors outside our control. Past results for other clients do not guarantee similar outcomes for your business.
CONFIDENTIALITY
Both parties agree to keep proprietary and sensitive information shared during the business relationship confidential. HeartBeep will not disclose your business information to unauthorized third parties. You agree not to disclose HeartBeep’s pricing, methodologies, or internal processes to competitors or other third parties.
TERMINATION
By Client — You may terminate a Service Agreement by providing written notice per the notice period specified in your agreement (typically 30 days). You remain responsible for all fees for services rendered through the termination date, including non-cancellable third-party costs.
By HeartBeep — We may terminate or suspend services if payment is not received within 30 days of the due date, if the Client engages in harmful or unethical conduct, or if continued service would require us to violate applicable law.
DISCLAIMER OF WARRANTIES
The Website and all services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. HeartBeep does not warrant the Website will be uninterrupted or error-free.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, HeartBeep Marketing NH shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Website or services. HeartBeep’s total liability shall not exceed the total amount paid by you in the three months preceding the claim.
INDEMNIFICATION
You agree to indemnify and hold harmless HeartBeep Marketing NH and its officers, employees, and affiliates from any claims, damages, or expenses (including attorneys’ fees) arising from your violation of these Terms, your use of our services, materials you provided, or your infringement of any third-party rights.
GOVERNING LAW
These Terms are governed by the laws of the State of New Hampshire. Disputes shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in Strafford County, New Hampshire, per American Arbitration Association rules.
SEVERABILITY
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and all remaining provisions will continue in full force.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and HeartBeep Marketing NH and supersede all prior agreements and understandings.
CONTACT US
HeartBeep Marketing NH
146 Chesley Hill Rd, Rochester, NH 03839
Phone: (877) 701-2337
Email: in**@******************nh.com