Terms of Service
Last Updated: January 11, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and NS Media ("Company," "we," "us," or "our") regarding your use of our website and services.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.
2. Services Provided
NS Media provides the following digital marketing and web development services:
- Local SEO Services: Search engine optimization for local businesses
- Web Design & Development: Custom website design, development, and maintenance
- Review Boost Program: Online reputation management and review generation
- Digital Marketing: Various digital marketing and consulting services
Specific services, deliverables, timelines, and pricing will be outlined in individual service agreements, proposals, or statements of work.
3. Service Agreements and Proposals
3.1 Proposals
All proposals are valid for 30 days from the date of issuance unless otherwise specified. Proposals are subject to change based on project scope modifications.
3.2 Acceptance
Services commence upon receipt of a signed agreement and any required deposit or initial payment. Electronic signatures are considered valid and binding.
3.3 Scope of Work
The scope of work will be clearly defined in the service agreement. Any work outside the agreed scope may incur additional charges and require a separate agreement or change order.
4. Payment Terms
4.1 Pricing
All prices are quoted in U.S. Dollars (USD) and are subject to change. Pricing will be specified in your service agreement or invoice.
4.2 Payment Schedule
Payment terms vary by service type:
- Web Development Projects: Typically require a 50% deposit upfront, with the balance due upon project completion
- Monthly Services: Billed monthly in advance, due within 7 days of invoice date
- One-Time Services: Payment terms as specified in the agreement
4.3 Late Payments
Invoices not paid within the specified timeframe may incur a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for accounts with overdue balances.
4.4 Taxes
All prices are exclusive of applicable taxes, duties, or similar governmental charges. You are responsible for paying all such taxes associated with your purchase.
5. Client Responsibilities
To ensure successful project completion, clients agree to:
- Provide timely access to necessary materials, accounts, and information
- Respond to requests for feedback and approvals within agreed timeframes
- Provide accurate and complete information
- Maintain ownership and rights to all content provided to us
- Ensure all provided content complies with applicable laws and regulations
- Maintain current contact information
Delays caused by client non-responsiveness may result in project timeline extensions and potential additional charges.
6. Intellectual Property Rights
6.1 Client-Provided Materials
You retain all rights to materials, content, and intellectual property you provide to us. By providing materials, you grant us a non-exclusive license to use them solely for the purpose of delivering our services.
6.2 Deliverables
Upon full payment, you will own the final deliverables created specifically for you, including custom website designs, content, and graphics. This ownership is subject to the following:
- We retain rights to pre-existing materials, templates, code libraries, and tools
- Third-party components (plugins, themes, stock images) remain subject to their respective licenses
- We retain the right to use the work in our portfolio and marketing materials
6.3 Company Property
We retain all rights to our methodologies, processes, tools, templates, and proprietary systems used in delivering services.
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of our business relationship. This obligation survives the termination of services.
Confidential information does not include information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) is required to be disclosed by law.
8. Website Development Terms
8.1 Development Process
Website projects typically follow a phased approach including discovery, design, development, testing, and launch. Specific phases and timelines will be outlined in your project agreement.
8.2 Revisions
The number of revision rounds will be specified in your agreement. Additional revisions beyond the agreed scope may incur additional charges.
8.3 Browser Compatibility
We ensure websites function properly on current versions of major browsers (Chrome, Firefox, Safari, Edge) and are responsive across devices. Support for older or obsolete browsers may require additional work.
8.4 Hosting and Maintenance
Unless otherwise specified, hosting and ongoing maintenance are separate from development services and may require additional agreements and fees.
9. SEO Services Terms
9.1 No Guaranteed Rankings
While we employ industry best practices, we cannot guarantee specific search engine rankings or results. Search engine algorithms are proprietary and constantly changing.
9.2 Timeline
SEO is a long-term strategy. Significant results typically take 3-6 months or longer. Results vary based on competition, industry, and other factors.
9.3 Ethical Practices
We use only white-hat, ethical SEO techniques that comply with search engine guidelines. We do not engage in black-hat tactics that could result in penalties.
9.4 Third-Party Platforms
SEO services may involve work on third-party platforms (Google Business Profile, social media, directories). You are responsible for maintaining access to these accounts.
10. Warranties and Disclaimers
10.1 Service Warranty
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.
10.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.3 Third-Party Services
We are not responsible for the performance, reliability, or availability of third-party services, platforms, or tools used in conjunction with our services.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NS MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless NS Media from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content or materials you provide to us
13. Term and Termination
13.1 Term
These Terms remain in effect while you use our services. Specific service agreements may have defined terms as outlined in those agreements.
13.2 Termination by Client
You may terminate services by providing written notice as specified in your service agreement. Termination does not relieve you of payment obligations for services already rendered or costs already incurred.
13.3 Termination by Company
We may terminate services immediately if you:
- Breach these Terms or your service agreement
- Fail to make required payments
- Engage in abusive or inappropriate behavior
- Request services that violate laws or regulations
13.4 Effect of Termination
Upon termination, you must pay all outstanding invoices. We will provide you with work completed to date, subject to payment of all amounts due. We are not obligated to provide source files or work-in-progress materials.
14. Refund Policy
Due to the nature of our services, refunds are generally not provided once work has commenced. Specific refund terms, if any, will be outlined in your service agreement. Deposits are non-refundable.
15. Changes to Services
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of significant changes that affect active service agreements.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
17. Dispute Resolution
17.1 Informal Resolution
In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations.
17.2 Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Central Ohio.
17.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or class-wide arbitration.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with any service agreements, proposals, or statements of work, constitute the entire agreement between you and NS Media regarding our services and supersede all prior agreements and understandings.
21. Amendments
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
22. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
23. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
24. Contact Information
For questions about these Terms of Service, please contact us:
25. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.