Terms of Service

1. Acceptance of Terms

By accessing and using Media Spearhead's website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

Media Spearhead reserves the right to modify these terms at any time. Changes become effective immediately upon posting. Your continued use of our services after changes constitutes acceptance of the updated terms.

These Terms of Service constitute the entire agreement between you and Media Spearhead regarding the use of our website and services.

2. Services Description

Media Spearhead provides digital marketing services including, but not limited to:

• Google Ads (PPC) campaign management and optimization
• Search Engine Optimization (SEO) services
• Web design and development
• Social media marketing
• Content creation and strategy
• Analytics and reporting

The scope, timeline, and deliverables of our services are defined in individual service agreements and proposals. Each client engagement is unique, and services may vary based on client needs and contract terms.

3. Client Responsibilities

As a client of Media Spearhead, you agree to:

• Provide accurate and complete information about your business, products, and services
• Provide necessary access to your website, accounts (Google Ads, Google Analytics, social media, etc.), and other tools needed to deliver services
• Review and approve marketing materials, ad copy, and campaign strategies
• Provide timely feedback and direction on marketing initiatives
• Comply with all applicable laws and regulations
• Notify Media Spearhead immediately of any unauthorized access or security concerns
• Ensure that all content you provide does not violate intellectual property rights, platform policies, or applicable laws

Media Spearhead is not responsible for delays, poor results, or service issues caused by client failure to provide necessary information, access, or cooperation.

4. Payment Terms

Pricing & Fees: Service fees are outlined in your service agreement and proposal. Prices are subject to change with written notice.

Payment Schedule: Invoices are issued monthly or according to the terms in your service agreement. Payment is due upon invoice unless alternative terms are specified.

Late Payments: Unpaid invoices after 15 days may be subject to a 1.5% monthly interest charge or the maximum allowed by law. Media Spearhead reserves the right to suspend services for accounts more than 30 days overdue.

Ad Spend: For Google Ads and paid advertising services, the ad spend budget is the client's responsibility. Media Spearhead does not reimburse ad spend. Clients authorize Media Spearhead to charge ad spend to their payment method or reimburse them directly.

Refunds: Service fees are generally non-refundable once services have been provided. Requests for refunds must be submitted in writing within 30 days of the invoice date.

5. Intellectual Property

Client Content: You retain ownership of all content you provide to Media Spearhead (text, images, logos, etc.). You grant Media Spearhead a non-exclusive license to use this content for the purposes of delivering services.

Media Spearhead Work: All work product created by Media Spearhead, including ad copy, landing pages, strategies, designs, and reports, is owned by Media Spearhead unless otherwise specified in a written agreement. Upon full payment, Media Spearhead grants you a non-exclusive license to use the work product for your business purposes.

Pre-Existing Materials: Media Spearhead may use templates, frameworks, and methodologies developed prior to or outside of your engagement. You do not have exclusive rights to these materials.

Your Obligations: You warrant that all content you provide does not infringe on any third-party intellectual property rights and is authorized for use.

6. Google Ads Specific Terms

Ad Spend Authority: You authorize Media Spearhead to manage Google Ads campaigns and spend the budget allocated. All ad spend is your responsibility and cost. Media Spearhead is not responsible for managing or controlling your spend beyond the agreed-upon budget parameters.

No Ranking or Performance Guarantees: Media Spearhead does not guarantee specific ad positions, click-through rates, conversion rates, or ROI. Ad performance depends on many factors including bid amount, ad quality, competition, and market conditions.

Google's Terms Apply: All Google Ads campaigns must comply with Google Ads policies. Violations may result in account suspension or ad rejection.

Account Access: You grant Media Spearhead access to your Google Ads account. You remain responsible for account security and monitoring activity.

Reporting: Media Spearhead provides reports based on data from Google Ads. Google's reporting may differ from third-party analytics; we are not responsible for discrepancies.

7. SEO Specific Terms

Timeline: SEO is a long-term strategy. Results typically take 3-6 months or longer to become visible. Improvements are ongoing and not linear.

Organic Results: Search rankings are determined by Google and other search engines based on their algorithms. Media Spearhead optimizes your website and content to improve visibility, but we do not control search results.

Content Authority: You are responsible for reviewing and approving all SEO content created by Media Spearhead. You authorize us to publish optimized content on your website.

Compliance: All SEO work complies with Google's Webmaster Guidelines. We do not engage in black-hat or unethical practices.

Algorithm Updates: Search algorithm updates may affect rankings. Media Spearhead continuously adapts strategies to maintain and improve performance, but we are not responsible for algorithm changes or their impact.

8. Disclaimers & Limitations of Liability

No Warranties: Media Spearhead provides services "as is" without warranty of any kind. We do not warrant that services will be uninterrupted, error-free, or meet your specific expectations.

Limitation of Liability: To the maximum extent permitted by law, Media Spearhead's total liability arising from or related to these terms or services shall not exceed the total amount paid by you to Media Spearhead in the 12 months preceding the claim.

Excluded Damages: Media Spearhead is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profit, or data, even if advised of the possibility of such damages.

Third-Party Services: Media Spearhead uses third-party platforms and tools (Google, Meta, hosting providers, etc.). We are not responsible for their service interruptions, policy changes, or failures.

External Factors: Media Spearhead is not liable for results affected by factors outside our control, including market conditions, competition, regulatory changes, or client actions.

9. Termination

Termination by Client: You may terminate your engagement with Media Spearhead with written notice. Termination terms (notice period, final payment obligations) are specified in your service agreement. Early termination may incur fees as outlined in your contract.

Termination by Media Spearhead: Media Spearhead may terminate services with written notice if: (1) you fail to pay invoices within 30 days, (2) you breach these terms or your service agreement, (3) you request illegal or unethical services, or (4) you fail to respond or cooperate with service delivery for 30 consecutive days.

Transition: Upon termination, Media Spearhead will provide account information and transition assistance as outlined in your service agreement, typically for 30 days.

Survival: Sections regarding Intellectual Property, Payment Terms, Disclaimers, Governing Law, and Dispute Resolution survive termination of these terms.

10. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Duval County, Florida, and you consent to the personal jurisdiction and venue of such courts.

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11. Contact Us

If you have questions about these Terms of Service or wish to report a violation, please contact us:

Media Spearhead
Email: admin@mediaspearhead.com
Phone: (904) 341-5986
Location: Jacksonville, FL