Last Updated: March 21, 2026

Welcome to Kelly Harbaugh Inc. These Terms of Service ("Terms") govern the legal relationship between Kelly Harbaugh Inc. ("Company," "we," "us," or "our") and the person or entity purchasing services ("Client," "you," or "your"). By engaging our services or making a payment, you agree to be bound by these Terms.

1. Services

Kelly Harbaugh Inc. provides professional marketing and consulting services, including:

Content Strategy: Industry research, competitor analysis, and value proposition development.

Fractional Marketing Director Services: Strategic oversight and campaign planning.

Professional Writing: Creation of social media content, newsletters, blog posts, articles, white papers, and website copy.

Stakeholder Research: Interviews with employees and customers to inform brand messaging.

2. Payments and Billing

Client agrees to pay all fees according to the selected service model:

Ongoing Hourly Services: Billed via advance retainer at the start of each month or via bi-weekly ACH withdrawals for actual hours worked.

Flat-Rate Projects: A 50% non-refundable deposit is required before work commences. The remaining 50% balance is due upon project completion.

Payment Terms: All final invoices for project work are due within ten (10) days of the invoice date (Net 10).

Late Payments and Interest: Any invoice not paid within ten (10) days of the due date will be subject to a late fee. Interest will accrue on the outstanding balance at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the date the payment was originally due until paid in full.

Suspension of Services: We reserve the right to suspend all active work and withhold deliverables if any account becomes more than 15 days past due.

3. Cancellations and Refunds

Refund Policy: Due to the bespoke nature of consulting and creative services, payments for services already rendered or consulting hours already logged are non-refundable.

Cancellations: Ongoing service agreements may be cancelled by either party with thirty (30) days' written notice. Client is responsible for payment of all work performed up to the end of the notice period.

Revisions: For flat-rate project work, the Client is entitled to up to three (3) rounds of revisions, provided requests do not shift the original scope of work. Additional revisions may be subject to further hourly billing.

4. Intellectual Property

Ownership: Upon receipt of full and final payment, all final marketing assets created specifically for the Client shall be owned by the Client.

Portfolio Rights: Kelly Harbaugh Inc. retains a non-exclusive, royalty-free license to use the completed work, project results, and the Client’s name and logo in our professional portfolio, case studies, and marketing materials.

Pre-existing Material: We retain ownership of any proprietary tools, templates, or methodologies used to perform the services.

5. Client Responsibilities

Approvals: Client must review and provide feedback on deliverables within 72 hours of receipt. If no feedback is received within this window, the content will be deemed "accepted" and finalized.

Access: If the Client requests that we post content directly, the Client must provide necessary administrative access to social media accounts or APIs. Alternatively, the Client may choose to post the content themselves.

Information Accuracy: Client is responsible for ensuring the accuracy of all proprietary information provided to us for research and content creation.

6. Disclaimers and Limitation of Liability

No Guarantees: While we use professional expertise to drive results, Kelly Harbaugh Inc. does not guarantee specific Return on Investment (ROI), lead volume, or search engine rankings.

Limitation of Liability: To the maximum extent permitted by law, the total financial liability of Kelly Harbaugh Inc. for any claim arising out of these Terms shall not exceed the total amount paid by the Client to the Company for the specific service in question.

7. Termination

Standard Termination: As noted in Section 3, thirty (30) days' notice is required for standard termination.

Immediate Termination: Kelly Harbaugh Inc. reserves the right to terminate the relationship immediately, without notice, in the event of non-payment, harassment of Company staff, or the discovery of illegal business practices by the Client.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, USA. Any disputes arising under these Terms shall be resolved in the courts located in Tennessee.

9. Contact Information

For any legal inquiries regarding these Terms, please contact: Kelly Harbaugh Inc.

Email: [email protected]

Address: 102 Hartmann Drive, Suite G106, Lebanon TN 37087