TERMS AND CONDITIONS

Last Updated: September 06, 2025

1. Introduction

Welcome to Momentum Media Advertising (“Company,” “we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your use of our website located at momentummediaadvertising.com (the “Site”) and your purchase and use of our digital marketing, creative, and software development services (collectively, “Services”).

By accessing our Site, booking a strategy call, or purchasing a Service Package, you (“Client,” “you,” “your”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

Business Information: Momentum Media Advertising 5725 S Valley View Blvd, Suite 5 Las Vegas, NV 89118 Email: info@momentummediaadvertising.com

2. Services and Engagement

2.1. Scope of Services

We provide productized digital services, including but not limited to website development, copywriting, paid advertising management, software development, and screenplay adaptation. The specific scope of deliverables is defined in the Service Description on our website or the specific Proposal/Invoice provided during the Onboarding process.

2.2. The “Productized” Model

Unlike traditional hourly billing, many of our Services are sold as flat-rate packages. By purchasing a package, you accept the fixed scope of work defined in that package. Any requests outside the defined scope will require a separate quote or “Add-On” purchase.

2.3. Onboarding & Kickoff

Upon completing the checkout process (labeled “Onboarding” on our Site), the engagement officially begins. Work will commence only after the Client has provided all necessary assets, access credentials, and completed the onboarding questionnaire. Delays in providing these assets will result in a corresponding delay in the project timeline.

3. Payments and Billing

3.1. Payment Terms

  • Flat-Rate Services: 100% payment is required upfront to secure resources and schedule the project, unless otherwise agreed in writing.

  • High-Ticket Projects ($5,000+): For custom software or enterprise services, we may offer a split-payment structure (e.g., 50% deposit, 50% upon completion). The final deliverable will not be released until the balance is paid in full.

3.2. Refund Policy

Due to the nature of digital services and the allocation of human capital:

  • No Refunds After Work Begins: Once the Kickoff Call has occurred or research/strategy work has commenced, no refunds will be issued.

  • Cancellation Before Kickoff: If a project is cancelled by the Client before the onboarding process begins (within 24 hours of purchase), a refund may be issued minus a 5% processing and administrative fee.

  • Satisfaction: We commit to revisions as outlined in your specific package to ensure satisfaction.

3.3. Chargebacks

You agree to contact us directly to resolve any billing disputes. Creating a fraudulent chargeback or dispute with your credit card issuer or bank after receiving services is a violation of these Terms. We reserve the right to report such incidents to credit reporting bureaus and pursue legal recovery of fees, including legal costs.

4. Intellectual Property (IP) Rights

4.1. Client Ownership

Upon full payment of all fees, Momentum Media Advertising grants the Client 100% ownership of the final deliverables (e.g., website code, ad copy, graphic designs, screenplay drafts). This includes the transfer of copyright for custom creative work.

4.2. Company Rights

  • Pre-Existing IP: We retain ownership of our internal tools, frameworks, methodologies, and pre-existing code libraries used to create the deliverables. You are granted a perpetual, non-exclusive license to use these as part of your final product.

  • Portfolio Use: Unless a Non-Disclosure Agreement (NDA) is signed prohibiting it, we reserve the right to display the completed work in our portfolio and marketing materials to demonstrate our capabilities.

5. Client Obligations

To ensure the success of the project, you agree to:

  • Provide accurate and timely information, logos, images, and access to necessary accounts (e.g., Google Ads, Hosting, Social Media).

  • Review drafts and provide feedback within 3 business days. Failure to provide feedback in a timely manner may result in project delays or the project being placed on hold.

  • Ensure that any materials you provide to us (text, images, data) do not violate any third-party copyrights or trademarks.

6. Third-Party Platforms

6.1. Platform Dependency

Our Services often rely on third-party platforms (e.g., Google, Facebook/Meta, Amazon, YouTube, WordPress). We are not responsible for:

  • Changes to third-party algorithms that affect rankings or performance.

  • Account suspensions, bans, or ad disapprovals caused by the third-party platform’s policy enforcement.

  • Downtime or data loss caused by third-party hosting or software providers.

6.2. Ad Spend

For advertising management services, the Client is responsible for paying all media costs (ad spend) directly to the ad platforms (e.g., Google Ads). Our fees cover management and strategy only; they do not cover your ad budget.

7. Confidentiality

We respect your privacy and business secrets.

  • NDA Compliance: If we enter into a specific Non-Disclosure Agreement (NDA), the terms of that NDA shall supersede the confidentiality clauses here regarding specific project details.

  • Data Security: We implement industry-standard security measures to protect your login credentials and proprietary data. We will never sell or share your data with third parties.

8. Warranties and Limitation of Liability

8.1. No Guarantees

While we use industry best practices, Momentum Media Advertising does not guarantee specific results, such as a #1 Google ranking, a specific number of leads, or a specific Return on Ad Spend (ROAS), as these are influenced by market factors outside our control.

8.2. Limitation of Liability

To the fullest extent permitted by law, Momentum Media Advertising shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data, arising out of or in connection with the use of our Services. Our total liability for any claim shall not exceed the amount paid by the Client for the specific Service giving rise to the claim.

9. Termination

  • By Client: You may terminate a service agreement with written notice. No refunds will be provided for work already completed or months paid in advance.

  • By Company: We reserve the right to terminate an engagement if the Client becomes unresponsive, abusive to our staff, or fails to pay invoices. In such cases, we will provide deliverables completed up to that date (provided payment is made).

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Clark County, Nevada.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of our Services constitutes acceptance of the revised Terms.

Contact Us If you have questions regarding these Terms, please contact us at: Momentum Media Advertising at info@momentummediaadvertising.com