Iron Health Solutions – Terms of Service
Please read these terms carefully before using our services. By continuing to use our services, you accept and agree to be legally bound by these conditions. Should you have any questions or concerns regarding these terms, please contact us before proceeding.
This document, the Terms and Conditions, governs the use of our digital marketing services and establishes the legal obligations and rights between you (the Client) and Iron Health Solutions (the Company). By engaging with our services, you agree to be bound by these Terms and Conditions as outlined below.
This agreement details your access to and use of our various marketing services including but not limited to, search engine optimization (SEO), Google advertising, social media management, content creation, website design, email marketing, and access to various software. The specifics of the payment terms, client responsibilities, and other essential terms are set forth below.
The remaining sections of this document will further detail the agreement, including but not limited to, client and company responsibilities, termination rights, confidentiality obligations, and limitations of liability.
1. Iron Health Solutions Digital Marketing Services
These Terms of Service grant the Customer access to and use of Iron Health Solutions’ services, as specified in the applicable order form or subscription agreement between the parties. These Terms of Service, together with the relevant order form or subscription agreement, are collectively referred to herein as the Customer Agreement. The Customer may purchase services across Iron Health Solutions’ various solution offerings, which are collectively referred to as the Service.
2. Client Requirements
To facilitate effective service delivery by Iron Health Solutions in the areas of SEO, website development, and running Google and Facebook ads, clients are required to comply with the following responsibilities:
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Access Grant: Clients must provide Iron Health Solutions, and any partners we may collaborate with, continuous access to online accounts and tools necessary for campaign management and tracking. This includes, but is not limited to, Google, Facebook, and other digital platforms where campaigns will be executed.
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Content Provision: Clients are expected to actively supply all necessary content, including text, images, and video footage of completed work. This content is essential for creating authentic and engaging marketing materials that reflect the client’s brand and the quality of work provided.
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Software Utilization: In order to ensure that leads and potential clients generated through our efforts are effectively managed, clients are required to use our designated software for follow-ups and client engagement. Training and support for this software will be provided by Iron Health Solutions.
3. Compensation and Payment
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Fees: Client must pay all fees as specified on the order and related services as incurred as specified on the Pricing Policy page.
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Invoicing and Payment: Unless otherwise stated, invoiced charges are due upon receipt.
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Billing Information: Client is responsible for providing complete and accurate billing and contact information to Iron Health Solutions and notifying Iron Health Solutions of any changes to such information.
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Credit Card and ACH:
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Client must pay all fees (in US dollars) with a credit card or via ACH upon receipt of an invoice from Iron Health Solutions.
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If the credit card or ACH is not valid or the payment is not otherwise made, Client must pay the amount owed upon receipt of an invoice.
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Client hereby authorizes Iron Health Solutions to charge such credit card or withdraw from Client’s bank account via ACH for all purchased Services and related services, and any renewals.
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Individual large credit card payments are subject to processing fees.
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Taxes:
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Except for certain state sales taxes as noted on Client invoices, Iron Health Solutions’ fees do not include any taxes, levies, or other similar governmental assessments (Taxes).
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Except as otherwise stated herein, Client is responsible for the payment of all Taxes associated with their purchases under the Client Agreement.
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4. Term
This Agreement will commence on the effective date first set forth as outlined on the Customer Agreement and will continue for a minimum period as outlined on the Customer Agreement regardless of the Client’s delivery of content, and then will continue on a month-to-month basis unless otherwise terminated by Iron Health Solutions or Client or unless otherwise agreed to by Iron Health Solutions and the Client.
5. Termination
This agreement may not be terminated prior to the agreement time frame outlined on the Customer Agreement by either party. In the event that the Client desires to terminate the Services hereunder, the Client must submit a written request to Iron Health Solutions at least thirty (30) days prior to the desired date of termination. Written requests to terminate may be made by mail or e-mail. If Client chooses to terminate this agreement in writing, all monies owed to Iron Health Solutions will be due immediately for the entire minimum agreed-upon term and will be automatically charged to the Client’s payment method on file.
6. Ownership of Materials
Client acknowledges that Iron Health Solutions may use and modify existing materials for Client’s benefit, and the Client may use the new materials in other avenues as well.
7. Proprietary Information and Use of Materials
Except as provided elsewhere in this Agreement, all information disclosed by one Party to the other Party shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, without limitation, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about a Party’s employees, and other confidential or Proprietary Information belonging to or related to a Party’s affairs.
The receiving Party acknowledges and agrees that in any proceeding to enforce this Agreement, it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that the receiving Party will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by the receiving Party. The Parties, their employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that they provide for their own confidential and proprietary information.
Nothing in this Agreement shall prohibit or limit the receiving Party’s use of information that can be demonstrated as: (a) previously known to the receiving Party, (b) independently developed by the receiving Party, (c) acquired from a third party not under similar nondisclosure obligations to the disclosing Party, or (d) acquired through the public domain through no breach by the receiving Party of this Agreement.
License: Client grants Iron Health Solutions a limited, nontransferable, nonexclusive license to copy, use, store, set up, publicly display, publicly perform and transmit any trade names, trademarks, service marks, copyrights, content, text, images, software, functionality, page and other design and layout, media, and other materials therein and solely in connection with creation of the Campaign and direct response marketing in accordance with this Agreement.
Portfolio Release: Client agrees that Iron Health Solutions has the right to use materials created pursuant to this Agreement for Iron Health Solutions’ portfolio, samples, and self-promotion including advertising for Iron Health Solutions’ business, including without limitation Facebook or Instagram, or any other social media platform. In the event Client wishes to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, Iron Health Solutions and Client may agree in writing to such limitation.
Remedies: The Parties acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this Agreement will result in irreparable injury to the adversely affected Party, for which monetary damages, on their own, would be inadequate. Accordingly, the Parties agree the adversely affected Party shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
8. Limitation of Liability
Iron Health Solutions shall not be liable for any incidental, consequential, indirect, or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event Iron Health Solutions is determined to be liable for any such loss, Client’s sole remedy against Iron Health Solutions is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. Iron Health Solutions is not responsible for errors which result from faulty or incomplete information supplied to Iron Health Solutions by Client. Client also agrees to not seek damages in excess of the contractually agreed-upon limitations directly or indirectly through suits by or against other parties. Iron Health Solutions shall not be liable to Client for any costs, damages, or delays due to causes beyond its control, including, without limitation, unknown site
9. ADA Compliance Responsibility
The Customer is responsible for ensuring that their content, website, and use of services provided by Iron Health Solutions comply with the requirements of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) and any applicable state or local accessibility laws or regulations.
While Iron Health Solutions strives to provide services that are accessible, we are not responsible for ensuring that the Customer’s content or website meets all ADA requirements. The Customer should review their materials and website for ADA compliance and make any necessary adjustments to ensure accessibility for all users.
10. ADA Compliance and Support
Iron Health Solutions is happy to provide general guidance on accessibility, but the Customer is ultimately responsible for meeting ADA and other accessibility standards. We encourage our Customers to consult with accessibility experts or legal advisors if needed to ensure their website and content are fully compliant with all applicable laws.
Our goal is to support you in creating accessible and inclusive digital experiences, and we’re here to help with any general questions or advice about accessibility best practices.
1. Dispute Resolution
Both parties agree that any disputes or claims arising from this Agreement shall be resolved in accordance with applicable state and federal laws. Specifically, if the Client cancels credit card payments after the statutory three-day cancellation period outlined in this Agreement, this will result in the immediate termination of the Agreement. The Company reserves the right to challenge such cancellations and will pursue any unpaid amounts for services already rendered. Even if the Client is ultimately successful in contesting the cancellation, the Client remains obligated to pay for all work completed up to the point of cancellation, at an hourly rate of $200 per hour for the time spent on their project. The Company will provide a detailed breakdown of the hours worked, and the Client must settle payment within 30 days of receiving this itemized invoice. If the Client fails to pay within this timeframe, The Company reserves the right to initiate legal action for breach of contract. Furthermore, if The Company is successful in disputing any chargeback or cancellation, The Company reserves the right to recover the costs associated with defending that dispute, including but not limited to the time spent by The Company or its representatives, at the rate of $200 per hour.
2. Communication Policy
The Client agrees that all communications should be made via email or phone. For email correspondence, the Client should contact The Company at contact@ironhealthsolutionscom. If the Client wishes to have a phone conversation, they must first email The Company to schedule a call. The Company’s office hours are Monday through Friday, from 8AM to 5 PM PST. The Company will typically respond to email inquiries within 24 hours, excluding weekends and public holidays.
3. Entire Agreement
This document constitutes the full and final Agreement between the parties. It supersedes any prior or contemporaneous agreements, discussions, or understandings. Any changes or amendments to this Agreement must be made in writing and signed by both parties to be valid.
4. Assignment
The Client acknowledges that this Agreement is personal to both parties and cannot be transferred, assigned, subcontracted, or delegated to any third party without the prior written consent of The Company. Any attempt to do so without consent will be deemed invalid and will constitute a material breach of this Agreement, which may result in its immediate termination.
5. Severability
If any provision of this Agreement is deemed unlawful, invalid, or unenforceable, it shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect as if the invalid provision had never been part of the Agreement.
6. Headings
The section headings included in this Agreement are for convenience only and are not intended to affect or limit the interpretation of the Agreement’s contents.
7. Governing Law and Enforcement
This Agreement shall be governed by and construed in accordance with the laws of the State of California (CA). If any legal action is required to enforce this Agreement, the proper venue for such action will be the state or federal courts located in California, and both parties consent to the jurisdiction of those courts.
