Terms & Conditions
1. Introduction
These Terms and Conditions govern the relationship between Forget Me Never Media ("Agency," "we," "us," or "our") and any individual or business entity ("Client," "you," or "your") that engages our services. By signing a service agreement, submitting payment, or otherwise authorizing us to begin work, you agree to be bound by these terms. Please read them carefully before engaging our services.
These terms are governed by the laws of the State of California, United States of America.
2. Services
2.1 Brand Development
We will develop brand identity assets as agreed upon in your service agreement, which may include logo design, color systems, typography specifications, and brand voice guidelines. Brand development assets become the property of the Client upon satisfaction of the ownership conditions described in Section 6.
2.2 Web Design
We will design and develop a website based on the specifications agreed upon prior to project commencement. The scope of work will be defined in writing before work begins. Any features, pages, or functionality requested outside the agreed scope may be subject to additional fees. Work is performed on the Duda platform unless otherwise agreed in writing.
2.3 Local SEO
Our local SEO services include elements such as keyword research, on-page optimization, Google Business Profile optimization, citation management, and performance reporting, as specified in your service agreement. We do not guarantee specific rankings, position improvements, or traffic volumes. Search engine rankings are influenced by factors outside our control, including but not limited to algorithm updates, competitor activity, and platform policy changes.
2.4 Google Ads Management
We will create, manage, and optimize Google Ads campaigns as agreed upon. The Client is solely responsible for the payment of all advertising spend directly to Google. We are not responsible for campaign suspensions, account restrictions, or policy violations resulting from the Client's business category, content, or industry. We do not guarantee specific lead volumes, cost-per-lead targets, or return on ad spend outcomes.
2.5 Workflow Automation
We will design and implement automated workflow sequences using third-party platforms as specified in your service agreement. Automation performance depends on third-party platform availability and functionality, which is outside our control.
2.6 Panoptix CRM
We will provide access to and configuration of the Panoptix CRM platform, which is built on GoHighLevel infrastructure. Platform availability, uptime, and feature availability are subject to GoHighLevel's terms of service and are outside our control. CRM access is provided on a subscription basis and may be discontinued upon termination of the monthly service agreement.
3. Payment Terms
3.1 Fees
All fees for our services are disclosed prior to agreement execution. By authorizing work to begin, you agree to the fees outlined in your service agreement.
3.2 Invoicing
Invoices are issued in accordance with the billing schedule established in your service agreement. Monthly service fees are due on the date specified in your agreement.
3.3 Late Payments
Payments not received within 10 days of the due date are considered overdue. A late fee of 10% per month may be applied to overdue balances. We reserve the right to suspend all services, including but not limited to pausing active ad campaigns, suspending CRM access, and halting ongoing work, until outstanding balances are settled in full. We are not liable for any business impact resulting from service suspension due to non-payment.
3.4 Disputed Charges
Any billing disputes must be submitted in writing within 14 days of the invoice date. Disputes submitted after this period will not be considered and the invoice will be deemed accepted.
4. Client Responsibilities
4.1 Accurate Information
You agree to provide accurate, complete, and timely information required for the performance of our services, including but not limited to business details, login credentials, brand assets, and written content.
4.2 Platform Access
You will grant us necessary access to your website, Google accounts, advertising platforms, and any other accounts or tools required to perform the agreed services. Failure to provide access in a timely manner may delay project timelines without affecting your billing obligations.
4.3 Content Responsibility
You are solely responsible for the accuracy, legality, and originality of any content you provide for use in your website, advertising campaigns, or marketing materials. You represent that any content provided does not infringe upon the intellectual property rights of any third party.
4.4 Project Delays
Timely completion of projects depends on your prompt response to requests for feedback, approvals, and content delivery. If a project is delayed by more than 14 days due to lack of client response or content delivery, we reserve the right to reschedule the project, adjust timelines, or invoice for work completed to date.
4.5 Approval of Deliverables
Your written approval of any deliverable — including but not limited to website designs, ad copy, landing pages, and campaign structures — constitutes acceptance of that deliverable. Requests for revisions after approval may be subject to additional fees.
4.6 Acceptable Use
You agree not to use our services in connection with any illegal, fraudulent, or deceptive business activity. We reserve the right to immediately terminate any service agreement upon discovery of such use, without refund of fees paid.
5. Revisions
5.1 Included Revisions
The number of revision rounds included in each service is specified in your service agreement. Revisions are defined as modifications to work already delivered within the original scope.
5.2 Out-of-Scope Revisions
Requests that constitute changes to the original scope — including adding new pages, changing the fundamental direction of a design after approval, or requesting features not included in the original specification — will be quoted and billed separately.
6. Intellectual Property and Asset Ownership
6.1 Ownership Upon Completion of Minimum Term
Upon completion of a minimum of 6 consecutive months in any monthly service agreement, and upon satisfaction of all outstanding payment obligations, the Client will own the final deliverables produced under that agreement. These deliverables include completed website designs, ad campaign structures, brand assets, and other materials created specifically for the Client as part of the service.
6.2 Ownership Prior to Minimum Term
For any monthly service agreement cancelled prior to 6 months, Forget Me Never Media retains full ownership of all assets created under that agreement, including but not limited to: website designs and builds, domain names purchased by us for the project, logos and brand assets created as part of a bundled service and not billed as standalone items, ad campaign structures, and any other deliverable created by Forget Me Never Media for use within that service. The Client will not be entitled to transfer, copy, or continue to use these assets following termination.
6.3 Standalone Purchases
Assets billed and paid for as standalone items — separate from a monthly service agreement — are owned by the Client upon payment in full.
6.4 Portfolio License
You grant us a non-exclusive, royalty-free license to reference, display, and describe your project in our portfolio, case studies, and marketing materials.
7. Third-Party Platforms
Our services may involve the use of third-party platforms including but not limited to Google, Duda, GoHighLevel, and Meta. We are not responsible for changes to the terms, features, pricing, or availability of these platforms. Platform policy changes, account suspensions initiated by a platform, or service interruptions caused by third-party providers do not constitute a failure of service on our part and do not entitle the Client to a refund of management fees.
8. Confidentiality
8.1 Our Obligations
We agree to keep confidential any proprietary business information you share with us in the course of our engagement, and to use such information solely for the purpose of delivering the agreed services.
8.2 Data Security
We implement reasonable measures to protect the confidentiality of your data. However, we cannot guarantee absolute security and are not liable for unauthorized access resulting from circumstances outside our reasonable control.
9. Performance Disclaimer
Past results achieved for other clients — including case studies, revenue growth figures, traffic increases, and lead generation results — are provided for illustrative purposes only and do not guarantee similar outcomes for your business. Marketing performance is influenced by factors including your market, competitive environment, budget, industry, and business operations, many of which are outside our control.
10. Termination
10.1 Termination by Client
You may terminate any monthly service agreement with 30 days written notice. You will remain liable for all fees accrued through the termination date, including any work in progress. Asset ownership at termination is governed by Section 6.
10.2 Termination by Forget Me Never Media
We reserve the right to terminate any service agreement immediately and without notice if you breach any of these terms, fail to meet payment obligations, or engage in conduct that we reasonably determine to be harmful, illegal, or damaging to our business or reputation. In such cases, fees paid are non-refundable.
10.3 Effect of Termination
Upon termination, we will cease all work on your account. Access to any platforms or tools we administer on your behalf will be transitioned or revoked in accordance with the ownership provisions of Section 6.
11. Limitation of Liability
11.1 No Warranties
Our services are provided on an "as is" basis. We make no warranties, express or implied, regarding specific outcomes, rankings, revenue results, or business performance resulting from our services.
11.2 Liability Cap
Our total liability for any claim arising from or related to our services will not exceed the total amount paid by you to Forget Me Never Media in the 3 months preceding the claim.
11.3 Exclusion of Consequential Damages
We are not liable for any indirect, incidental, special, or consequential damages, including but not limited to lost revenue, lost profits, or business interruption, even if we have been advised of the possibility of such damages.
12. Force Majeure
We are not liable for any failure or delay in performing our obligations resulting from circumstances beyond our reasonable control, including but not limited to platform outages, search engine algorithm updates, changes to advertising platform policies, internet infrastructure failures, or other events outside our control.
13. Dispute Resolution
13.1 Governing Law
These terms are governed by the laws of the State of California, United States of America.
13.2 Resolution Process
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If negotiation is unsuccessful, disputes will be submitted to mediation before either party pursues arbitration or litigation. Any arbitration or litigation shall be conducted in the State of California.
14. Changes to These Terms
We reserve the right to modify these terms at any time. Changes will be communicated to active clients in writing and will apply to services rendered after the effective date of the change. Continued use of our services after notice of changes constitutes acceptance of the updated terms.
15. Contact
For questions or concerns regarding these terms, please contact:
Forget Me Never Media
