1. Introduction

Terms of Service

Effective Date: [Insert Date]

Welcome to Overtake Media. These Terms of Service (“Terms”) govern your use of the services provided by Overtake Media (“we,” “our,” or “us”) and form a binding agreement between you, the client (“you” or “Client”), and Overtake Media. By engaging our services, you agree to be bound by these Terms.

1. Scope of Services

Overtake Media provides digital marketing and growth services, including but not limited to:

• Paid advertising (e.g., Meta, Google, TikTok)

• CRO (Conversion Rate Optimization) & Website Development

• Email and SMS marketing

• Lead generation and appointment setting

Services may be delivered on a monthly retainer, performance-based agreement, or a project basis, depending on the terms outlined in your individual client agreement.

2. Engagement Terms & Payment

Billing Structure:
We offer services on a monthly retainer or revenue-share performance basis, with payment terms agreed upon in the client’s service proposal.

Billing Cycle:
Unless otherwise agreed upon, services are billed on a monthly basis.

Payment Methods:
We accept payment via, e.g., Stripe, PayPal, ACH, Credit Card. Specific methods will be confirmed in your onboarding.

Upfront Payment/Deposit:
In certain cases, an upfront deposit may be required. This will be outlined in the client proposal if applicable.

Late Fees:
We currently do not charge late fees, but reserve the right to revise this policy with written notice.

3. Fulfillment & Performance Guarantee

We offer a 30-day service guarantee. If no profitable results are achieved within 30 days of completing the initial scope of work, we will provide additional services at no extra charge until performance goals are met.

Clients must notify us in writing within 40 days of project completion and provide evidence to support a claim under this guarantee.

4. Cancellations & Termination

Client-Initiated Cancellation:
You may cancel services at any time with a minimum 7-day written notice prior to the next billing cycle.

Agency-Initiated Termination:
We reserve the right to terminate a client relationship with 7-day notice, including for reasons such as:

• Non-payment

• Lack of communication

• Abuse or harassment

• Misalignment of goals or expectations

In-Progress Work Upon Termination:
All completed work (e.g., creative assets, campaigns, landing pages) will be delivered to the client. All remaining work in progress will be halted.

5. Intellectual Property

Client Ownership:
Unless otherwise specified, all custom work created during the engagement—such as copy, design assets, website builds, and ad creatives—becomes the property of the client upon full payment.

Agency Portfolio Rights:
We reserve the right to display completed work in our portfolio, case studies, or promotional materials unless expressly forbidden in writing.

6. Subcontracting

We may subcontract certain services to trusted external partners or freelancers, including media buyers and creative specialists. All subcontractors are required to meet the same quality standards and confidentiality obligations as our in-house team.

7. Limitation of Liability

Overtake Media is not liable for:

• Indirect, incidental, or consequential damages

• Lost profits, platform bans, or algorithm changes

• Third-party failures (e.g., ad platform outages, software bugs)

Our maximum liability is capped at the total fees paid by the client in the 30 days prior to the claim.

8. Dispute Resolution & Governing Law

These Terms are governed by the laws of Ontario, Canada.

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration, conducted in Ontario, in accordance with the rules of the Arbitration Act of Ontario. Each party shall bear its own legal costs.

9. Modifications

We reserve the right to update or modify these Terms at any time. Clients will be notified of changes via email or on our website. Continued use of our services after changes constitute acceptance of the revised Terms.

10. Contact Information

If you have any questions regarding these Terms, please contact us at:

Overtake Media
help@overtakemedia.info
[Insert mailing address if applicable]