Effective Date: January 1, 2023
Last Updated: January 1, 2026
Welcome to Occipital Salon Marketing, LLC (“Company,” “we,” “our,” or “us”).
These Terms of Service (“Terms”) govern your access to and use of our website located at:
as well as any services, products, hosting, marketing, or consulting services provided by Company.
By accessing our website, signing an agreement, approving a proposal, or making any payment to Company, you agree to be bound by these Terms.
1. ACCEPTANCE OF TERMS
You agree to these Terms by:
- Using our website
- Signing a proposal or agreement
- Approving services in writing (including email)
- Making any payment (including deposits or monthly payments)
- Allowing us to begin work
If you do not agree, you may not use our services.
2. APPLICABILITY & ORDER OF PRECEDENCE
These Terms apply to:
- Website visitors
- Prospective clients
- Active clients
- Users of Company-hosted websites
If you have signed a separate written agreement with Company, that agreement controls in the event of a conflict.
3. SERVICES
We provide digital services including, but not limited to:
- Website design and development
- Website hosting and maintenance
- SEO services
- Paid advertising management
- Digital consulting and strategy
Specific services, pricing, and deliverables are defined in signed agreements, proposals, or Statements of Work (“SOW”).
4. SMS / TEXT MESSAGE TERMS
Company may provide text message communications, including but not limited to appointment reminders, service notifications, account alerts, marketing updates, customer support messages, billing notices, and other business-related communications.
By providing your mobile phone number to Company, submitting a form, signing up for services, booking a call, opting in through our website, or otherwise giving consent, you agree to receive text messages from Occipital Salon Marketing, LLC at the mobile number provided.
Message frequency varies based on your relationship with Company and the services requested. Message and data rates may apply. Consent to receive marketing text messages is not a condition of purchasing any goods or services.
You may opt out of receiving text messages at any time by replying STOP to any message. After you send STOP, we may send one final confirmation message to confirm that you have been unsubscribed. After that, you will no longer receive text messages from us unless you opt in again.
For help, reply HELP or contact us at [email protected] or 865-409-1322.
Wireless carriers are not liable for delayed or undelivered messages.
Company may use third-party service providers, including messaging platforms and telecommunications providers, to send and manage text messages. We do not sell, rent, or share SMS consent or phone numbers with third parties for their own marketing purposes.
Text message communications are subject to these Terms, our Privacy Policy, and applicable messaging laws, carrier rules, and industry standards.
5. CLIENT RESPONSIBILITIES
Client agrees to:
- Provide accurate business information
- Provide timely approvals and required content
- Maintain access to third-party accounts (Google, Meta, hosting, domain, etc.)
- Ensure all marketing claims comply with applicable laws
Company does not guarantee recovery of lost access to third-party accounts.
6. PROJECT TIMELINES & CLIENT DELAYS
Estimated timelines are not guaranteed.
If Client fails to provide required content, approvals, or access for more than fourteen (14) consecutive days, Company may:
- Pause the project
- Adjust the timeline
- Reallocate resources
- Require rescheduling before work resumes
Client delays do not constitute breach by Company.
7. PAYMENT TERMS
Clients agree to:
- Pay fees as outlined in signed agreements or invoices
- Maintain a valid payment method on file when applicable
- Pay invoices within the stated due date
Company may suspend services, hosting, advertising campaigns, or access for nonpayment.
Late payments may incur interest at 1.5% per month or the maximum permitted by law.
8. 60-DAY LIMITED MONEY BACK GUARANTEE
If Client cancels services within sixty (60) days of signing an agreement, Company will refund service fees paid minus any direct, non-refundable third-party costs, including but not limited to:
- Advertising spend
- Domain purchases
- Hosting costs paid to third parties
- Software licenses
- Subcontractor costs
Advertising spend and platform fees are non-refundable at any time.
After 60 days, all fees are non-refundable.
9. OWNERSHIP & INTELLECTUAL PROPERTY
Ownership of final website deliverables transfers to Client only after full payment of all amounts due.
Until paid in full:
- Company retains ownership
- Website files may not be copied, transferred, or migrated
Company retains ownership of:
- Templates
- Frameworks
- Internal systems
- Reusable code
- Marketing methodologies
Client retains ownership of:
- Domain names
- Logos and trademarks
- Original media provided by Client
- Third-party accounts owned by Client
10. THIRD-PARTY PLUGINS, THEMES & LICENSING
Websites may include third-party plugins, themes, and software licenses owned or managed by Company.
If a website is transferred off Company hosting, Client is responsible for purchasing and maintaining any required third-party licenses.
Company does not guarantee continued functionality of third-party tools after transfer.
11. HOSTING & MAINTENANCE DISCLAIMER
Company builds and hosts websites using third-party infrastructure.
We do not guarantee uninterrupted uptime.
Company is not liable for outages or performance issues caused by:
- Hosting providers
- DNS/domain issues
- Platform outages
- Third-party plugins or themes
- Cyberattacks
- Client or vendor actions
Company will use commercially reasonable efforts to restore service when issues arise.
12. NO GUARANTEE OF RESULTS
Company does not guarantee:
- SEO rankings
- Traffic volume
- Lead generation
- Advertising results
- Revenue increases
- Platform approvals
All services are provided on a best-efforts basis consistent with industry standards.
13. PORTFOLIO & MARKETING USE
Unless Client opts out in writing, Client grants Company permission to:
- Display the website in Company portfolio
- Use Client name and logo
- Use screenshots
- Reference general results
Company will not publish confidential financial data.
14. CONFIDENTIALITY
Both parties agree to keep confidential information private and use it solely for purposes of fulfilling services.
Confidential information does not include information that:
- Is publicly available
- Was already known
- Is independently developed
- Is required to be disclosed by law
15. NON-DISPARAGEMENT
Client agrees not to make false, misleading, or defamatory statements about Company.
Company agrees not to make false, misleading, or defamatory statements about Client.
This clause does not restrict truthful statements required by law.
16. DISCLAIMER OF WARRANTIES
Services are provided “AS IS” and “AS AVAILABLE.”
Company disclaims all implied warranties, including merchantability and fitness for a particular purpose.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Company is not liable for indirect, incidental, special, punitive, or consequential damages.
Company’s total liability is limited to the amount paid to Company in the one (1) month immediately preceding the event giving rise to the claim.
18. INDEMNIFICATION
Client agrees to indemnify and hold harmless Company from claims arising from:
- Client’s business operations
- Client’s advertising claims
- Client-provided materials
- Client’s violation of laws
Company indemnifies Client only for gross negligence or willful misconduct.
19. FORCE MAJEURE
Company is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, outages, cyberattacks, or platform failures.
20. DISPUTE RESOLUTION; ARBITRATION
Any dispute arising from these Terms or Company services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Rules.
Arbitration shall take place in Knoxville, Tennessee.
By agreeing to these Terms, you waive the right to a jury trial.
21. GOVERNING LAW
These Terms are governed by the laws of the State of Tennessee.
22. UPDATES TO TERMS
Company may update or modify these Terms at any time.
Updated Terms become effective upon posting to this page, and the “Last Updated” date will reflect the revision date.
Continued use of the website or services after updates are posted constitutes acceptance of the revised Terms.
However, updates will not apply retroactively to services governed by a separately signed written agreement unless Client expressly agrees to such changes in writing.
23. CONTACT INFORMATION
Occipital Salon Marketing, LLC
5215 Pinnacle Dr
Knoxville, TN 37914
Phone: 865-409-1322
Support: [email protected]
Billing: [email protected]