These Terms of Service ("Terms") govern your use of services provided by Momentum Media, a marketing and video production firm based in Santa Rosa, California. By engaging our services, you agree to be bound by these Terms.
1. Scope of Services
Momentum Media provides comprehensive marketing and creative services, including but not limited to:
- Video Production: Casual, professional, and cinematic video content creation, including pre-production, filming, and post-production services
- Marketing Strategy: Brand development, market research, campaign planning, and marketing consultation
- Website Development: Custom website design, development, optimization, and maintenance
- Digital Marketing: Social media management, content creation, SEO optimization, and paid advertising campaigns
- Creative Services: Graphic design, photography, content writing, and brand identity development
- Consulting Services: Strategic marketing advice, performance analysis, and business growth consultation
Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or statements of work.
2. Client Responsibilities
To ensure successful project completion, clients agree to:
Information and Materials
- • Provide accurate, complete, and timely information required for project execution
- • Supply necessary materials, content, assets, and access credentials as requested
- • Ensure all provided materials do not infringe on third-party rights
Communication and Deadlines
- • Respond to requests for feedback and approvals within agreed timeframes
- • Participate in scheduled meetings, calls, and project reviews
- • Notify us promptly of any changes in project scope or requirements
Payment Obligations
- • Make payments according to agreed schedules and terms
- • Pay for additional work resulting from scope changes or client-requested revisions
- • Cover any third-party costs (licenses, stock footage, etc.) unless otherwise specified
3. Intellectual Property Ownership
Momentum Media Retains Ownership
Unless explicitly transferred in writing, Momentum Media retains all intellectual property rights in:
- • Original concepts, creative strategies, and methodologies
- • Source files, project templates, and proprietary techniques
- • Software, tools, and systems developed during projects
- • Know-how, processes, and business methods
Client Usage Rights
Upon full payment, clients receive:
- • Usage rights to final deliverables for their business purposes
- • Right to modify content for their specific business needs
- • Non-exclusive rights to use delivered materials in their marketing
Portfolio and Marketing Rights
Momentum Media reserves the right to use completed work for portfolio, case study, and marketing purposes unless client specifically requests otherwise in writing.
4. Limitation of Liability
To the fullest extent permitted by law, Momentum Media's liability is limited as follows:
IMPORTANT LIABILITY LIMITATIONS
- • No Consequential Damages: We are not liable for lost profits, business interruption, or consequential damages
- • Total Liability Cap: Our total liability shall not exceed the amount paid by the client for the specific service giving rise to the claim
- • No Guarantees: While we strive for excellence, we cannot guarantee specific business results or performance metrics
- • Third-Party Issues: We are not responsible for third-party platform changes, algorithm updates, or external factors affecting campaign performance
- • Time Limit: Claims must be brought within one (1) year of the date when the claim first arose
5. Payment Terms and Refund Policy
Payment Structure
- • Project Deposits: 50% deposit required to begin work on most projects
- • Milestone Payments: Large projects may be divided into milestone-based payments
- • Monthly Retainers: Ongoing services require monthly payment in advance
- • Payment Terms: Invoices are due within 15 days of issuance unless otherwise agreed
- • Late Fees: 1.5% monthly service charge on overdue amounts
Refund Policy
- • Deposits: Non-refundable once work begins, but may be applied to future projects
- • Completed Work: No refunds for completed and delivered work that meets agreed specifications
- • Cancellation: If client cancels mid-project, payment is due for work completed to date
- • Exceptional Circumstances: Refunds may be considered on a case-by-case basis for extraordinary situations
Scope Changes and Additional Work
Changes to project scope, additional revisions beyond what's included, or new requirements will be quoted separately and require client approval before proceeding.
6. Project Timeline and Delays
- • Timeline estimates are based on client providing materials and feedback promptly
- • Client delays in providing feedback or materials will extend delivery dates accordingly
- • Force majeure events (natural disasters, pandemics, etc.) may affect delivery schedules
- • Rush projects may incur additional fees for expedited delivery
7. Confidentiality
We respect client confidentiality and will not disclose proprietary business information, trade secrets, or confidential data to third parties without written consent, except as required by law or as necessary to complete contracted services.
8. Termination
Either party may terminate services with written notice. Upon termination:
- • Client is responsible for payment of all work completed to date
- • Momentum Media will deliver work completed up to termination date
- • Client retains usage rights only to completed and paid-for deliverables
- • Outstanding invoices remain due and payable
9. Dispute Resolution
Any disputes will first be addressed through good-faith negotiation. If resolution cannot be reached, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, with proceedings held in Sonoma County, California.
10. Governing Law
These Terms of Service are governed by the laws of the State of California, County of Sonoma. Any legal proceedings shall be conducted in the appropriate courts of Sonoma County, California.
11. Changes to Terms
Momentum Media reserves the right to modify these Terms of Service at any time. Updated terms will be effective immediately upon posting on our website. Continued use of our services constitutes acceptance of modified terms.
12. Contact Information
For questions about these Terms of Service or our services, please contact:
By engaging Momentum Media's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.