Terms of Service

These Terms of Service ("Terms") constitute a binding legal agreement between Lovoson Media ("Agency") and the individual or entity purchasing services ("Client").

1. DEFINITIONS

"Services": The digital marketing, web design, web development, website maintenance, and automation services described in Section 3.

"Ad Spend": The amount paid directly to third-party advertising platforms (Meta, Google, TikTok, etc.) for advertising placement. Ad Spend is paid by Client, not Agency.

"Attributed Revenue": Revenue generated from advertising campaigns managed by Agency, as reported by the Ad Platform's standard attribution model.

"Website Build": The one-time design, development, and deployment of a website as specified in the project scope.

"Maintenance Plan": An optional recurring service agreement covering ongoing website updates, content changes, and technical support after the initial Website Build is delivered.

2. GENERAL TERMS

Agency agrees to provide Services on a commercial best-efforts basis. Agency operates as an independent contractor and is not an employee, partner, or joint venturer of Client. Agency retains the right to use subcontractors, freelancers, or third-party tools in the delivery of Services.

3. SCOPE OF SERVICES

Lovoson Media offers the following service categories:

A. Web Design & Development

• Custom website design and development
• Site deployment and launch
• 30-day post-launch bug warranty (see Section 10)

B. Website Maintenance (Optional, Separate from Build)

• Content updates (text, images, video, event information)
• Seasonal or promotional page updates
• Minor design adjustments

Maintenance is available via monthly plan, quarterly plan, or per-request billing. Maintenance is NOT included in the Website Build fee unless explicitly stated in writing.

C. Digital Marketing & Paid Advertising

• Paid ads management (Meta, Google, TikTok)
• Creative strategy and ad creative development
• Campaign reporting and optimization

D. Automation & Systems

• Business automation setups (e.g., CRM workflows, email sequences, Make.com scenarios)

EXCLUSIONS: Services do NOT include legal advice, tax advice, accounting, inventory management, paying for Client's ad spend, or third-party software subscription fees.

4. CLIENT RESPONSIBILITIES

Client agrees to:

• Grant timely administrative access to all relevant accounts and platforms
• Ensure all products/services/content comply with applicable laws
• Respond to approval requests within 48 hours
• Maintain valid payment methods for ad platforms and third-party services
• Provide necessary brand assets, content, and information in a timely manner

5. PAYMENT TERMS

A. Website Build Projects

• Build Fee: One-time payment due per the agreed project scope. Non-refundable once work has commenced.
• Build fee covers design, development, and deployment only. Maintenance is billed separately.

B. Website Maintenance Plans

• Monthly Plan: Recurring fee charged every 30 days covering a set number of content updates per month.
• Quarterly Plan: Recurring fee charged every 90 days at a discounted rate.
• Per-Request: Individual updates billed at Agency's then-current rate.

Maintenance plans may be started, paused, or cancelled with 15 days' written notice.

C. Marketing & Automation Services

• Setup Fee: One-time, non-refundable.
• Monthly Retainer: Recurring fee charged every 30 days.
• Performance Fee (if applicable): Commission on Attributed Revenue exceeding agreed Baseline, billed separately monthly.

D. General

• Late Payments: Payments not received within 7 days of due date may result in immediate pause of all active Services.
• All fees are in USD unless otherwise agreed in writing.

6. WEBSITE OWNERSHIP & HOSTING

Upon full payment of the Build Fee, Client owns the website files and content. Websites are deployed to Client's own hosting environment (e.g., GitHub Pages, Client's hosting provider). Client receives access to the code repository and hosting account.

Ownership of the website does not include the ability to receive free ongoing changes. The website is built with code and requires technical expertise to modify. Changes, updates, and edits are covered under a Maintenance Plan or billed per request.

7. NO GUARANTEE OF RESULTS

Marketing and advertising results are influenced by external factors including market conditions, competition, platform algorithm changes, and consumer behavior. Agency explicitly disclaims any guarantee of specific financial results, ROAS, conversion rates, or sales figures.

Website projects are delivered to the specifications agreed upon in the project scope. Agency does not guarantee specific business outcomes from the website.

8. PLATFORM COMPLIANCE & ACCOUNT RESTRICTIONS

Agency has no control over third-party platform policies (Meta, Google, TikTok, GitHub, hosting providers, etc.). If a Client account is restricted or disabled by a platform:

• Agency will make commercially reasonable efforts to assist with appeals
• The Monthly Retainer remains due during any appeal/review period
• Agency is not liable for any revenue loss resulting from platform actions

9. INTELLECTUAL PROPERTY

Client owns: their brand name, logo, brand assets, customer data, website content (text, images, videos provided by Client), and the delivered website code (upon full payment).

Agency retains: ownership of proprietary methodologies, frameworks, automation logic (e.g., Make.com scenarios, workflow templates), and any reusable code libraries or components developed independently by Agency.

Agency may reference completed projects in its portfolio unless Client requests otherwise in writing.

10. WEB DESIGN & DEVELOPMENT WARRANTY

Agency provides a 30-day warranty for technical bugs and defects discovered after website launch. This covers functionality that was part of the original agreed scope and is found to be broken or not working as intended.

This warranty does NOT cover:

• New feature requests
• Content changes
• Design modifications
• Issues caused by Client modifications
• Third-party service outages

After the 30-day warranty period, all fixes, updates, and changes are billed under the applicable Maintenance Plan or per-request rate.

11. CONFIDENTIALITY

Both parties agree to keep confidential all non-public business information, trade secrets, strategies, customer data, and proprietary materials disclosed during the engagement. This obligation survives termination of the agreement.

12. LIMITATION OF LIABILITY

Agency's total aggregate liability for any and all claims shall not exceed the total fees actually paid by Client to Agency in the three (3) months preceding the event giving rise to the claim. Agency shall not be liable for indirect, incidental, consequential, or punitive damages.

13. CANCELLATION & TERMINATION

Either party may terminate ongoing services (retainers, maintenance plans) with 30 days' written notice. Website Build fees are non-refundable once work has commenced.

Upon termination, Client retains ownership of all delivered work product for which full payment has been received. Agency will provide reasonable transition support (e.g., file handoff, access transfer) upon termination.

14. MODIFICATIONS TO TERMS

Agency reserves the right to update these Terms at any time. Material changes will be communicated to active Clients via email. Continued use of Services after notification constitutes acceptance of updated Terms.

15. DISPUTE RESOLUTION

Governing Law: State of California.

Venue: San Diego County, California.

Parties agree to attempt good-faith negotiation for a minimum of 30 days before pursuing arbitration or litigation.