Terms of Service

This website is managed and operated by Duh Retention (NWH ECOM LLC). By accessing and using this website and the services of Duh Retention, you are entering into an agreement with Duh Retention and agreeing to these Terms of Service. If you do not accept these terms and conditions, please refrain from using this website. For any inquiries, please contact us.

Eligibility for Free Marketing Plan

We reserve the right to determine eligibility for our complimentary email marketing plan. Not all requests will be approved.

No Assurance of Specific Outcomes

Unless otherwise stated in a signed contract, Duh Retention does not guarantee specific results for the Client. The Client acknowledges that they are paying for services designed to produce results, but outcomes are not guaranteed. It is further acknowledged that Duh Retention has no control over ESPs, email clients, or other third-party software platforms that may implement changes beyond our control.

Mutual Non-Disparagement

Both parties agree not to criticize, slander, or defame each other or their respective principals, agents, officers, owners, directors, or employees, during the term of this Agreement or after its termination. This includes all forms of social media and online forums. However, nothing herein prevents either party from making truthful statements in legal proceedings or investigations by government authorities.

Limitation of Liability

Duh Retention ensures that the marketing services outlined in the formal proposal will be provided as agreed but does not offer any additional warranties, expressed or implied, regarding the performance of these services.

EXCEPT AS EXPRESSLY STATED:

(a) DUH RETENTION IS NOT LIABLE FOR ANY SERVICES PROVIDED, INCLUDING NEGLIGENCE;

(b) DUH RETENTION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE; AND

Subject to the above, the maximum aggregate liability of Duh Retention in connection with this Agreement shall not exceed the monthly fee paid by the Client in the three months preceding the claim. DUH RETENTION IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT AND THE SERVICES PROVIDED, INCLUDING LOSS OF BUSINESS PROFITS, INTERRUPTION, DATA STORAGE, GOODWILL, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DUH RETENTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, common enemy actions, natural disasters, epidemics, riots, transportation or communication failures, or actions by the other party or its officers, employees, agents, or contractors. Lack of funds is not considered a reason beyond a party’s control.

Default and Remedies

If the Client fails to pay any fees or charges under this Agreement, Duh Retention may immediately pause or terminate services, among other available remedies, until the Client cures the default.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

Attorney’s Fees

In any dispute arising under or related to this Agreement, each party is entitled to recover reasonable attorney’s fees and litigation costs.

Entire Agreement

This Agreement constitutes the complete agreement between the parties regarding the subject matter herein and supersedes all prior communications, agreements, or understandings, whether written or oral. Amendments must be in writing and signed by both parties.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.

Assignment and Successors; Binding Effect

The rights and obligations under this Agreement cannot be assigned, transferred, pledged, or otherwise encumbered without prior written consent from the other party. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

The Client agrees to these terms as of the Effective Date when the kickoff meeting between Client and Duh Retention occurs.

Contact Information

For questions, please contact us at noah@duhretention.com or noahhaynes.marketing@gmail.com.

Payment Authorization

I confirm that I am authorized to provide payment information on behalf of the company. I grant permission to Duh Retention to charge my debit/credit card or electronically debit my bank account (ACH transfer) for the agreed amount each month.

The amount is based on the fee in the signed agreement, with auto-debit occurring on the same day each month based on the initial kickoff date. If fee changes occur due to scope of work, Duh Retention is authorized to debit the new amount.

To update your payment information, please contact noah@duhretention.com or noahhaynes.marketing@gmail.com.

Fulfillment Policy

Refund Policy

We do not offer refunds for our services. As a marketing agency, clients pay a monthly retainer fee to retain our expertise and services. Our agreements are month-to-month, providing clients the flexibility to discontinue after any given month. We are confident in the value we deliver and believe that our month-to-month model eliminates the need for refunds.

Shipping/Delivery Policy

Our services are considered “delivered” through the following means:

Campaign Execution: Creating and sending email and SMS campaigns.
Monthly Strategy: Crafting and executing a calendar of initiatives, including email campaigns, SMS campaigns, offer testing, popup testing, and more.

We act as an extension of your internal team, collaborating with you daily to ensure the success of your retention marketing efforts.

Our services are considered “delivered” through the following means:

Campaign Execution: Creating and sending email and SMS campaigns.
Monthly Strategy: Crafting and executing a calendar of initiatives, including email campaigns, SMS campaigns, offer testing, popup testing, and more.

We act as an extension of your internal team, collaborating with you daily to ensure the success of your retention marketing efforts.

Our services are considered “delivered” through the following means:

Campaign Execution: Creating and sending email and SMS campaigns.
Monthly Strategy: Crafting and executing a calendar of initiatives, including email campaigns, SMS campaigns, offer testing, popup testing, and more.

We act as an extension of your internal team, collaborating with you daily to ensure the success of your retention marketing efforts.

Timeliness of Communication

To maintain project flow and meet deadlines, it is mandatory for clients to provide timely feedback and approvals within 1 business day. If delays occur due to untimely responses, missing assets, or unclear instructions from the client, we cannot be held responsible for any late campaign launches or changes to the planned initiatives.

Return Policy

We maintain full transparency with our clients during the planning and execution phases:

Before launching any email, SMS campaign, or test, clients have the opportunity to review and approve all mockups.
During this phase, we are happy to accommodate any revisions or adjustments to ensure alignment with your expectations.

Our work is structured around monthly deliverables and initiatives rather than hourly billing. This flexibility allows us to provide a holistic, results-driven approach to retention marketing.

We maintain full transparency with our clients during the planning and execution phases:

Before launching any email, SMS campaign, or test, clients have the opportunity to review and approve all mockups.
During this phase, we are happy to accommodate any revisions or adjustments to ensure alignment with your expectations.

Our work is structured around monthly deliverables and initiatives rather than hourly billing. This flexibility allows us to provide a holistic, results-driven approach to retention marketing.

We maintain full transparency with our clients during the planning and execution phases:

Before launching any email, SMS campaign, or test, clients have the opportunity to review and approve all mockups.
During this phase, we are happy to accommodate any revisions or adjustments to ensure alignment with your expectations.

Our work is structured around monthly deliverables and initiatives rather than hourly billing. This flexibility allows us to provide a holistic, results-driven approach to retention marketing.

Cancellation Policy

All agreements are month-to-month unless stated otherwise.

Notice Period

Clients must provide at least 10 days’ notice if they wish to discontinue services for the upcoming month. This is necessary because we begin preparing for the next month’s initiatives 14 days in advance. If no cancellation notice is received within the 10-day window, the agreement will automatically extend for one additional month.

Long-Term Contracts

Clients who trust us with a longer commitment (3, 6, or 9 months) may be eligible for reduced retainer rates. This is our way of showing appreciation for your trust and partnership.

Payment Policy

Our standard payment structure requires the full monthly retainer to be paid upfront on the first day of the engagement period.

For clients requiring alternative payment schedules, accommodations may be made on a case-by-case basis. However, retainer fees may be adjusted to account for the added financial risk and exposure. These adjustments will be communicated clearly during the agreement process.

Our standard payment structure requires the full monthly retainer to be paid upfront on the first day of the engagement period.

Client Obligations

To ensure smooth project execution, clients are responsible for:

Providing Assets: Supplying imagery, photos, videos, or other necessary materials for campaigns in a timely manner.
Approving Deliverables: Reviewing and approving campaign mockups within the agreed-upon timeframes (typically 1 business day).
Establishing Protocols: Clearly outlining how to handle situations where timely communication is not possible. For example, if we must launch a campaign on a set date and the client is unresponsive, we need prior authorization to proceed autonomously.

Failure to fulfill these obligations may impact the success and timeliness of our efforts.

To ensure smooth project execution, clients are responsible for:

Providing Assets: Supplying imagery, photos, videos, or other necessary materials for campaigns in a timely manner.
Approving Deliverables: Reviewing and approving campaign mockups within the agreed-upon timeframes (typically 1 business day).
Establishing Protocols: Clearly outlining how to handle situations where timely communication is not possible. For example, if we must launch a campaign on a set date and the client is unresponsive, we need prior authorization to proceed autonomously.

Failure to fulfill these obligations may impact the success and timeliness of our efforts.

To ensure smooth project execution, clients are responsible for:

Providing Assets: Supplying imagery, photos, videos, or other necessary materials for campaigns in a timely manner.
Approving Deliverables: Reviewing and approving campaign mockups within the agreed-upon timeframes (typically 1 business day).
Establishing Protocols: Clearly outlining how to handle situations where timely communication is not possible. For example, if we must launch a campaign on a set date and the client is unresponsive, we need prior authorization to proceed autonomously.

Failure to fulfill these obligations may impact the success and timeliness of our efforts.

Third-Party Platforms

We rely on tools like Klaviyo, Postscript, and other third-party service providers to deliver our services. While we aim for seamless execution, occasional outages or issues with these platforms are beyond our control. In such cases, we will communicate promptly and work to resolve the situation to the best of our ability.

If you have any questions or need further clarification on our Terms of Service, please contact us at noah@duhretention.com or noahhaynes.marketing@gmail.com.