Terms of Service
The rules that apply when you use this website or engage The Peddler for marketing services.
1. Agreement to these terms
These Terms of Service govern your use of the The Peddler website and any services you purchase from The Peddler LLC. By browsing this site or engaging us, you accept these terms. If you do not accept them, please do not use the site.
Where you sign a separate service agreement, statement of work or proposal with us, that document takes precedence over these terms wherever the two conflict.
2. Services
We provide digital marketing services including search engine optimisation, paid media management, web design and development, branding, content production, email marketing and analytics. The exact scope, deliverables, timelines and fees for your engagement are set out in your proposal or statement of work.
Marketing results depend on factors outside our control, including competitor activity, platform algorithm changes, market conditions and the quality of your product or service. We commit to the agreed scope of work and reporting standards, not to specific rankings, traffic volumes or revenue figures unless a written performance guarantee is expressly included in your agreement.
3. Fees, invoicing and payment
Retainer fees are invoiced monthly in advance and are due within 14 days of the invoice date unless your agreement states otherwise. Project fees are typically invoiced 50% on commencement and 50% on delivery.
Advertising budget is separate from our fees and is paid by you directly to the relevant platform from accounts held in your name. Late payments may incur interest at 1.5% per month and we may suspend work on accounts more than 30 days overdue after written notice.
4. Term, renewal and cancellation
Retainer engagements have a minimum initial term of six months so that strategy has time to produce compounding results. After the initial term the agreement continues month to month.
Either party may terminate on 30 days' written notice after the initial term. We may terminate immediately for non-payment, unlawful requests, or abusive conduct toward our team. On termination you remain liable for fees covering work performed up to the effective date.
5. Your responsibilities
A successful engagement requires timely input from you. You agree to:
- Provide accurate information about your business, offers and pricing.
- Grant and maintain the platform access we need to perform the work.
- Review and approve deliverables within the agreed review windows.
- Ensure the content, claims and imagery you supply are accurate and lawful, and that you hold the necessary rights to them.
- Comply with the terms of any third-party advertising or hosting platform used in your program.
6. Intellectual property and ownership
You own your brand assets, your data and, once paid for in full, all deliverables we create specifically for you — including websites, creative, copy and documentation. Ad accounts, analytics properties and domains are registered in your name from day one and remain yours.
We retain ownership of our pre-existing methods, templates, internal tooling and know-how, and may reuse them across engagements. We may reference your business and anonymised or approved performance data in our portfolio and case studies unless you ask us in writing not to.
7. Confidentiality
Each party will keep the other's non-public information confidential, use it only for the purposes of the engagement, and protect it with at least reasonable care. This obligation survives termination for three years, and indefinitely for information that constitutes a trade secret.
8. Third-party platforms
Our work depends on platforms operated by third parties such as Google, Meta, Microsoft and your hosting provider. We are not responsible for their outages, policy changes, account suspensions or pricing changes, though we will work with you to remedy any impact promptly.
9. Warranties and disclaimers
We warrant that services will be performed with reasonable skill and care by suitably qualified people. Except as expressly stated, the website and services are provided "as is" and we disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.
10. Limitation of liability
Neither party is liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, goodwill or data. Our total aggregate liability arising out of or relating to the services is limited to the total fees you paid us in the three months immediately preceding the event giving rise to the claim.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
11. Indemnity
You agree to indemnify us against claims arising from content, claims or materials you supply, from your breach of these terms, or from your violation of applicable law or third-party platform policies.
12. Acceptable use of this website
You may not attempt to gain unauthorised access to the site, scrape it at a rate that degrades service, upload malicious code, or use it for any unlawful purpose. We may restrict access where we reasonably believe these rules have been broken.
13. Governing law and disputes
These terms are governed by the laws of the Commonwealth of Kentucky, United States, without regard to its conflict-of-law rules. The parties will attempt in good faith to resolve any dispute through direct negotiation before commencing proceedings, and submit to the exclusive jurisdiction of the courts of Christian County, Kentucky.
14. Changes and contact
We may update these terms; the current version was last updated on 1 July 2026. Continued use of the site after changes take effect constitutes acceptance. Questions about these terms can be sent to hello@thepeddler.agency or 612 S Main St #201, Hopkinsville, KY 42240, United States.