Terms and Conditions
These terms govern every engagement with Holguin Media. Read them before using our services.
Company: Holguin Media
Address: 223 W. Wall St., Ste. 213, Midland, TX 79701
Email: info@holguinmedia.com
Phone: 432.242.7060
Last Updated: August 28, 2026
Effective Date: August 28, 2026
Governing Law: State of Texas
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Holguin Media, a Texas-based business (“Holguin Media,” “we,” “us,” or “our”). They govern your access to and use of Holguin Media’s services, website, communications, and any related deliverables (collectively, the “Services”).
By engaging Holguin Media’s Services, signing a Service Agreement or Statement of Work, making a payment, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
These Terms apply to all clients, prospective clients, website visitors, and any individuals or entities that receive communications from Holguin Media, including SMS messages where you have opted in to receive them.
2. Description of Services
Holguin Media provides digital marketing, web design, and web development services including, but not limited to: SEO, AI search visibility, local SEO, social media marketing, UI/UX design, website redesign, conversion focused web design, WordPress and Shopify development, custom web application development, and related consulting.
The specific scope, deliverables, timeline, and pricing for your engagement are defined in a separate Service Agreement or Statement of Work (“SOW”) entered into between you and Holguin Media. If these Terms conflict with a signed SOW, the SOW controls for the specific terms it addresses. These Terms govern all other matters.
Holguin Media reserves the right to modify, suspend, or discontinue any aspect of its Services at any time with reasonable notice to active clients. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services, provided that we fulfill obligations under any active SOW.
3. Client Responsibilities
The effectiveness of our work depends substantially on your participation, responsiveness, and the accuracy of what you provide. You agree to:
- Provide accurate, complete, and current information about your business, including your legal name, physical address, and any details required to perform the Services.
- Respond to requests for approvals, feedback, and other inputs within the timeframes specified in your SOW or, where none is specified, within five business days.
- Review and approve deliverables within the review window specified in your SOW. Approval may be given in writing via email. Continued use of a deliverable without objection constitutes approval.
- Notify Holguin Media promptly of changes that may affect the Services, including changes to your address, phone number, business hours, ownership, or relevant legal or regulatory matters.
- Ensure that all information, content, images, and other materials you provide do not infringe the intellectual property rights of any third party and do not violate any applicable law.
- Use the Services only for lawful purposes and in compliance with all applicable local, state, federal, and international laws and regulations.
4. Fees and Payment Terms
Fees
Fees for Services are set forth in your SOW. All fees are quoted and payable in U.S. dollars. Holguin Media reserves the right to adjust its standard rates upon written notice of no less than 30 days prior to the start of a new billing period.
Invoicing and Payment
Unless otherwise specified in your SOW, invoices are issued as agreed for your engagement, and payment is due within 15 days of the invoice date. Payment methods are specified at invoicing. Credit card payments may be subject to a processing fee disclosed at the time of payment.
Late Payments
Invoices not paid within 15 days of the due date are past due. Holguin Media reserves the right to: (a) charge a late fee of 1.5% per month, or the maximum amount permitted by applicable law, whichever is less, on any outstanding balance; (b) suspend Services until the account is brought current; and (c) terminate the engagement in accordance with Section 11. You are responsible for all reasonable costs Holguin Media incurs in collecting overdue amounts, including attorney’s fees.
Disputed Invoices
If you believe an invoice contains an error, notify Holguin Media in writing within 10 days of the invoice date. Undisputed portions of any invoice remain due and payable.
Taxes
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities on your purchase of Services, excluding taxes on Holguin Media’s income.
Refunds
Fees paid for Services that have been delivered or are in progress are non-refundable unless otherwise specified in your SOW or required by applicable law. If Holguin Media fails to deliver Services as specified in a signed SOW due to our own error or omission, we will, at our election, re-perform the affected Services or provide a prorated credit.
5. Intellectual Property
Client Content
You retain all ownership rights in the content, materials, data, trademarks, logos, and other intellectual property you provide to Holguin Media in connection with the Services (“Client Content”). By providing Client Content, you grant Holguin Media a non-exclusive, royalty-free license to use, reproduce, display, and distribute it solely to perform the Services.
Holguin Media Materials
All content on Holguin Media’s website, including text, graphics, logos, and software, is the property of Holguin Media or its licensors and is protected by applicable intellectual property law. You may not reproduce, distribute, or create derivative works from any Holguin Media materials without prior written permission.
Portfolio and Case Study Rights
Unless you have submitted a written request to opt out, Holguin Media reserves the right to reference your business by name, display samples of work performed, and describe observed results in its marketing materials, website, proposals, and case studies.
6. Confidentiality
Each party may have access to information that is confidential to the other party (“Confidential Information”). Confidential Information includes, but is not limited to: business strategies, financial data, client lists, pricing, technical systems, login credentials, and any information designated as confidential.
Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) not disclose it to any third party without prior written consent; and (c) use it only to perform obligations under these Terms or a relevant SOW.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, regulation, or court order.
7. Representations and Warranties
Mutual Representations
Each party represents and warrants that: (a) it has full legal authority to enter into these Terms and any applicable SOW; (b) it will perform its obligations in compliance with all applicable laws; and (c) its performance will not violate any agreement with a third party.
Client Representations
You represent and warrant that: (a) all Client Content you provide is accurate and does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (b) you have obtained all necessary consents and permissions; and (c) you will not use the Services for any unlawful, deceptive, or fraudulent purpose.
Holguin Media Representations
Holguin Media represents and warrants that it will perform the Services in a professional and workmanlike manner consistent with industry standards. We do not guarantee specific outcomes such as search rankings, traffic levels, AI citations, conversion rates, or revenue. Those outcomes are produced by systems, markets, and behavior outside our control, and honest work can only strengthen the conditions under which they occur.
8. Disclaimer of Warranties
Except as expressly set forth in Section 7, the Services are provided “as is” and “as available” without warranty of any kind. Holguin Media expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
This disclaimer applies to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you in full.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Holguin Media’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Holguin Media in the three months immediately preceding the event giving rise to the claim.
In no event shall Holguin Media be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if Holguin Media has been advised of the possibility of such damages.
This limitation applies regardless of the legal theory under which the claim is brought. Some jurisdictions do not allow the limitation of consequential damages, so this limitation may not apply to you in full.
10. Indemnification
You agree to indemnify, defend, and hold harmless Holguin Media and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:
- Your use or misuse of the Services.
- Your breach of these Terms or any applicable SOW.
- Client Content you provide to Holguin Media, including any claim that such content infringes the intellectual property or other rights of a third party.
- Your violation of any applicable law or regulation.
- Any dispute between you and a third party in connection with matters arising from the Services.
Holguin Media reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.
11. Term and Termination
Term
These Terms remain in effect for as long as you engage Holguin Media’s Services.
Termination by Client
You may terminate a Service engagement by providing written notice per the notice period specified in your SOW. Where no notice period is specified, 30 days written notice is required. You remain responsible for all fees accrued through the termination date.
Termination by Holguin Media
Holguin Media may terminate a Service engagement or suspend Services at any time: (a) with 30 days written notice for any reason; (b) immediately upon your material breach of these Terms or your SOW, if the breach remains uncured 10 days after written notice; or (c) immediately if you fail to pay any amount due and do not cure the failure within 10 days of written notice.
Effect of Termination
Upon termination: (a) all rights granted to each party under these Terms terminate except as needed to wind down the engagement; (b) each party will promptly return or destroy the other party’s Confidential Information; and (c) all payment obligations accrued before termination survive.
Sections 5, 6, 7, 8, 9, 10, 14, and 15 survive termination of these Terms.
12. SMS Messaging Terms
This section governs SMS messages sent and received where you have opted in to text communications from Holguin Media.
Messaging Consent
By providing your mobile phone number to Holguin Media or opting in to receive SMS communications, you consent to receive text messages including appointment reminders, project status updates, billing notifications, and other business communications. Message frequency varies based on your engagement with our Services.
Data Rates and Charges
Standard message and data rates may apply. These charges depend on your mobile carrier plan and are your responsibility.
Opt-Out Instructions
To stop receiving SMS messages from Holguin Media, reply STOP to any message at any time. To resume, reply START. For help, reply HELP or contact us at info@holguinmedia.com.
Message Delivery
Holguin Media does not guarantee that SMS messages will be delivered without delay or failure. Delivery issues may occur due to factors outside our control, including network outages, carrier-level filtering, or device compatibility.
Compliance with Telecommunications Law
Our SMS messaging is operated in compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act where applicable, CTIA guidelines, and applicable carrier requirements.
13. Third-Party Platforms and Services
Our Services may involve use of, integration with, or links to third-party platforms, tools, or services. Holguin Media does not own or control these platforms and is not responsible for their terms of service, privacy practices, availability, or performance.
Changes by third-party platforms, including search engines, AI systems, and social platforms, may affect the results of our Services. Such changes are outside Holguin Media’s control and do not constitute a breach of these Terms or any SOW.
14. Dispute Resolution
Informal Resolution
Before initiating any formal dispute process, you agree to contact Holguin Media in writing at info@holguinmedia.com and attempt to resolve the dispute informally. Holguin Media will respond within 15 business days.
Binding Arbitration
Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Midland, Texas, or by remote means if both parties agree. The arbitrator’s decision shall be final and binding.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
Exceptions
Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or equitable relief in any court of competent jurisdiction; and (b) claims that fall within the jurisdiction of a small claims court in Midland, Texas.
15. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Midland County, Texas.
16. Force Majeure
Holguin Media is not liable for any delay or failure to perform obligations under these Terms or any SOW if the delay or failure results from causes beyond our reasonable control. This includes, but is not limited to: acts of God, natural disasters, pandemics, government actions, telecommunications or infrastructure failures, labor disputes, cyberattacks, or third-party platform outages.
17. Changes to These Terms
Holguin Media may modify these Terms. If we make material changes, we will notify you by email and/or post a notice on our website at least 30 days before the changes take effect. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.
If you do not agree to updated Terms, notify us in writing before the effective date and, if applicable, exercise your termination rights under Section 11.
18. General Provisions
Entire Agreement
These Terms, together with any signed SOW or Service Agreement, constitute the entire agreement between you and Holguin Media regarding the Services and supersede all prior agreements.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.
Waiver
Holguin Media’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms without Holguin Media’s prior written consent. Holguin Media may assign these Terms without restriction in connection with a merger, acquisition, or sale of substantially all of its assets.
Relationship of the Parties
Holguin Media is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Holguin Media.
Notices
All legal notices under these Terms must be in writing. Notices to Holguin Media must be sent to info@holguinmedia.com or by U.S. mail to Holguin Media, 223 W. Wall St., Ste. 213, Midland, TX 79701.
Electronic Communications
You consent to receive communications from Holguin Media electronically, including via email and SMS where applicable. You agree that all agreements, notices, disclosures, and other communications delivered electronically satisfy any legal requirement that such communications be in writing.
Legal Contact
Holguin Media
223 W. Wall St., Ste. 213, Midland, TX 79701
Email: info@holguinmedia.com
Phone: 432.242.7060