Terms of service

Fresh Start eCommerce (a Fresh Start Marketing, LLC company)

1. Who we are Fresh Start eCommerce ("we," "us," "our") is a marketing and eCommerce services practice operated by Fresh Start Marketing, LLC, based in Minneapolis, Minnesota. These Terms govern your use of our website and any services you purchase from us.

2. Agreement to terms By accessing our website, requesting a proposal, or engaging our services, you agree to these Terms. If you do not agree, please do not use the site or our services. The specific scope, fees, and timeline for any engagement are set out in a separate proposal or agreement, which works together with these Terms. If a proposal and these Terms conflict, the signed proposal controls.

3. Our services We provide eCommerce marketing and related services, which may include Google Ads, Meta Ads, and Microsoft Ads management, Klaviyo email and SMS setup, Shopify store builds and refreshes, store audits, bookkeeping, and ongoing growth management. The exact services in your engagement are defined in your proposal.

4. Client responsibilities To do our work, we need your cooperation. You agree to provide timely access to the relevant accounts (ad platforms, Shopify, email tools), accurate information about your business, your brand assets, and prompt responses and approvals where needed. Delays in providing these may affect timelines, and we are not responsible for results impacted by missing access or late approvals.

5. Ad spend Our management fees cover our work only. Advertising spend, the money paid to platforms like Google and Meta to run your ads, is separate and paid by you directly to those platforms. You are responsible for funding and monitoring your own ad spend. We advise on budget but do not control platform billing.

6. Account ownership Your accounts, store, email list, data, and any assets created for you remain yours. We work inside your accounts, not on top of them. If our engagement ends, you keep everything that was built.

7. Third-party platforms Our services depend on third-party platforms (Google, Meta, Microsoft, Shopify, Klaviyo, and others). We do not control these platforms, their policies, their approval and suspension decisions, or their performance. While we work to set up accounts correctly and resolve issues like disapprovals or suspensions, we cannot guarantee any platform's actions, uptime, or outcomes.

8. No guarantee of results Marketing results depend on many factors outside our control, including your product, pricing, market, budget, and platform behavior. We bring proven methods, hands-on management, and honest reporting, but we do not and cannot guarantee specific revenue, return on ad spend, rankings, traffic, or other results. Any examples, case studies, or past results shown are illustrative and not a promise of future performance.

9. Fees and payment Fees, billing cycles, and payment terms are set out in your proposal. Ongoing ad management is generally billed in three-month cycles, with a monthly option where offered. One-time work is billed as a project fee. Invoices are due as stated on the invoice. Late or missed payments may result in paused work. Where offered, payment-plan options are available on our invoices.

10. Confidentiality We treat your business information, data, and account access as confidential and use it only to deliver your services. We ask that you treat our proposals, methods, and non-public materials with the same care.

11. Intellectual property Work we create specifically for you as part of a paid engagement belongs to you once paid for. Our own underlying methods, templates, frameworks, and know-how remain ours, and we may reuse them with other clients. Our website content, branding, and materials are our property and may not be copied or reused without permission.

12. Limitation of liability To the fullest extent permitted by law, our total liability for any claim arising from our services is limited to the amount of fees you paid us for the specific service giving rise to the claim during the three months before the claim. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost revenue, or platform actions such as account suspensions.

13. Termination Either party may end an engagement as described in the applicable proposal. Fees for work already performed, and for any committed billing cycle, remain payable. We may pause or end work for non-payment or for conduct that prevents us from doing the job.

14. Changes to these terms We may update these Terms from time to time. The current version is always posted on our website.

15. Governing law These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Minnesota.

16. Contact Questions about these Terms? Email info@freshstartecommerce.com.