Terms of Service

These terms apply when you order marketing services from Trembling Giant Marketing, LLC, doing business as TremblingMarketing (“we”, “us”), through tremblingmarketing.com. By paying for a bundle or signing a proposal, you agree to them. If you are ordering for a company, you confirm you are authorised to bind that company.

1. What we do

We provide growth marketing services: SEO, paid search, paid social, social and content marketing, influencer and reputation work, marketing audits and strategy, website development, and logo and identity design. What you buy in our service store is the starting scope.

2. Scope of work

After your order we send a proposal or statement of work that sets out deliverables, timelines, reporting and any assumptions. If the proposal and these terms disagree, the proposal wins. Work outside the agreed scope is quoted separately and only starts once you approve it in writing.

Website development is priced on request. Nothing is charged for it until you accept a written quote.

3. Fees and payment

• All prices are in US dollars and are charged through Stripe at checkout.
• The bundle discount of 15% applies automatically when your order includes three or more of the five growth channels, and in that case the audit and strategy engagement is included at no charge.
• Prices cover our work only. The exact scope and any future billing schedule are confirmed in your proposal.
• You are responsible for any sales or use tax that applies, unless we are required to collect it, in which case it is added at checkout.

4. Advertising budgets

Your ad spend is separate from our fees. You pay Google, Microsoft, Meta, TikTok, LinkedIn and any other platform directly, with your own payment method in your own accounts. We do not take a percentage of your media budget and we do not resell ad inventory. Platform costs, auction prices and their changes are outside our control.

5. What we need from you

• Timely access to the accounts, analytics, website and assets we need to do the work.
• Brand materials, product information and approvals within the agreed turnaround.
• Accurate information about your business, offers and claims.
• That everything you give us is lawful, that you own it or are licensed to use it, and that your products, offers and claims comply with applicable law and platform policies.

If work stalls because we are waiting on you, timelines move accordingly and we are not responsible for the delay.

6. Results

We do not guarantee specific rankings, lead volumes, revenue figures or a return on ad spend. Results depend on your market, your offer, your pricing, your sales follow-up and platform behaviour. What we do commit to is transparency: a media plan with forecasts, your own admin access to every account we touch, and honest reporting on cost per lead. If we miss the plan we agreed, we rework the strategy at no extra charge.

7. Intellectual property

Once you have paid in full, the final deliverables we create specifically for you — ad creative, copy, content, logo files and website code — belong to you. Until then we retain ownership.

We keep ownership of everything we bring to the work: our processes, templates, internal tools, research methods and know-how. We may show finished work in our portfolio unless you tell us in writing not to, and we will not disclose confidential figures.

Third-party assets such as stock photography, fonts and software are licensed under their own terms, and those licences are passed to you or purchased in your name where required.

8. Third-party platforms

Our work runs on platforms we do not control. Ad disapprovals, account suspensions, algorithm changes, pricing changes and outages are their decisions, not ours. We will do our best to resolve them, but we are not liable for the consequences.

9. Confidentiality

Each side will keep the other’s non-public business information confidential and use it only to perform this agreement. This does not cover information that is already public, that you or we already had, or that the law requires us to disclose.

10. Cancellation and refunds

Cancellation and refund terms are set out in our Refund Policy, which forms part of these terms.

11. Using this website

Do not attempt to break, overload or gain unauthorised access to the site, scrape it at scale, or interfere with the checkout. Site content, design and code are ours and may not be copied for commercial use without permission.

12. Disclaimers

The site and our services are provided “as is”. To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing we say is legal, tax or financial advice.

13. Limitation of liability

To the fullest extent permitted by law, neither side is liable for indirect, incidental, special or consequential damages, or for lost profits, lost revenue, lost data or lost business opportunity. Our total liability arising out of or relating to this agreement is limited to the fees you paid us in the three months before the claim arose. This does not limit liability for fraud, wilful misconduct or anything that cannot be limited by law.

14. Indemnification

You agree to defend and indemnify us against third-party claims arising from the materials, products, offers or claims you ask us to promote, or from your breach of these terms. We will indemnify you against third-party claims that deliverables we created infringe intellectual property rights.

15. Term and termination

Either side may end an engagement with 30 days written notice. Either side may terminate immediately if the other materially breaches these terms and does not fix it within 10 business days of notice. On termination you pay for work performed up to that date, we hand over accounts, assets and data that belong to you, and the confidentiality and intellectual property sections survive.

16. Changes to these terms

We may update these terms and will change the date at the top of the page. Changes do not apply retroactively to work already ordered.

17. Governing law and disputes

These terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws rules. Before filing anything, both sides agree to try to resolve the dispute by talking: email us with the details and we will respond within 10 business days. Disputes that cannot be resolved will be brought in the state or federal courts located in Carroll County, Maryland, and both sides consent to that jurisdiction.

18. Miscellaneous

We are an independent contractor, not your employee, partner or agent beyond what is needed to manage the accounts you authorise. If a provision is unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. Neither side is liable for delays caused by events beyond its reasonable control.

Contact

Trembling Giant Marketing, LLC
106 Competitive Goals Drive
Eldersburg, MD 21784
[email protected]