Terms of service.
Terms of Service
Welcome to Hey Moss Media. These Terms of Service govern your use of our website, services, forms, communications, and any related materials provided by Hey Moss Media.
By using our website or working with us, you agree to these Terms. If you do not agree, please do not use our website or services.
1. About Hey Moss Media
Hey Moss Media provides marketing, website, customer relationship management, automation, lead follow-up, advertising, and related business growth services for local businesses.
Our services may include, but are not limited to:
Website design, updates, and management
Marketing strategy and consulting
CRM setup and management
Lead capture and follow-up systems
Email and SMS automation
Advertising campaign support
Business process and customer communication support
Specific services, deliverables, pricing, timelines, and responsibilities may be outlined in a separate proposal, invoice, agreement, or statement of work.
2. Use of Our Website
You agree to use our website only for lawful purposes. You may not use our website to:
Violate any law or regulation
Submit false, misleading, or harmful information
Attempt to interfere with website security or functionality
Copy, scrape, or misuse our content, branding, or materials
Send spam, malicious code, or unauthorized communications
We may restrict or block access to our website if we believe it is being misused.
3. Service Engagements
When you hire Hey Moss Media, the specific scope of work will be described in a written proposal, invoice, email confirmation, or separate agreement.
Unless otherwise stated in writing:
All timelines are estimates, not guarantees.
Client feedback, approvals, and timely access to required materials may affect delivery timelines.
Additional work outside the agreed scope may require additional fees.
Services may depend on third-party platforms, tools, software, hosting providers, advertising platforms, CRM systems, or payment processors.
4. Client Responsibilities
You agree to provide accurate information, timely feedback, and any access, content, approvals, credentials, or materials reasonably needed for us to perform the services.
You are responsible for ensuring that any content, images, logos, customer lists, claims, offers, testimonials, or materials you provide are accurate, lawful, and authorized for use.
You are also responsible for reviewing and approving work before publication or launch.
5. Payments and Billing
Fees, billing schedules, payment terms, and recurring charges will be stated in the applicable invoice, proposal, or agreement.
Unless otherwise stated in writing:
Payments are due according to the terms listed on the invoice.
Recurring services may be billed monthly.
Late or failed payments may result in paused work, suspended services, or account access limitations.
Setup fees, service fees, and third-party costs may be non-refundable once work has begun or expenses have been incurred.
Third-party software, advertising spend, hosting, domains, printing, postage, subscriptions, or other outside costs may be billed separately or paid directly by the client.
6. Third-Party Tools and Platforms
Our services may involve third-party tools and platforms, including but not limited to website builders, CRM platforms, email services, SMS providers, advertising platforms, analytics tools, payment processors, and hosting providers.
We are not responsible for outages, errors, policy changes, account restrictions, billing changes, deliverability issues, or service limitations caused by third-party platforms.
You agree to follow the terms and policies of any third-party platforms used in connection with your services.
7. Marketing, Advertising, and Results
We work to improve your marketing systems, visibility, lead capture, customer communication, and follow-up processes. However, we do not guarantee specific results, rankings, leads, sales, revenue, return on ad spend, search placement, conversion rates, or business outcomes.
Marketing performance can be affected by many factors outside our control, including your offer, reputation, pricing, location, competition, market conditions, advertising budgets, customer demand, response times, platform changes, and sales process.
Any examples, case studies, or estimates are illustrative only and are not guarantees of future performance.
8. SMS, Email, and Customer Communications
If our services involve email, SMS, automated follow-up, missed-call text back, review requests, promotions, or other customer communications, you are responsible for ensuring that your business has proper permission to contact those customers.
You agree not to use our services to send unlawful, misleading, harassing, or unauthorized communications.
You are responsible for the accuracy of your contact lists and for honoring unsubscribe, opt-out, and do-not-contact requests.
9. Content and Intellectual Property
Unless otherwise agreed in writing, Hey Moss Media owns its pre-existing materials, processes, templates, strategies, systems, designs, copy frameworks, internal documents, and know-how.
Once full payment has been received, you may use the final approved client-specific deliverables created for your business, such as website copy, graphics, landing pages, or campaign materials, for your own business purposes.
You may not resell, copy, distribute, or reuse Hey Moss Media’s internal systems, templates, processes, or materials outside your business without written permission.
10. Client Materials
You retain ownership of the materials you provide to us, including your logos, brand assets, photos, videos, customer information, business information, and other content.
By providing those materials, you grant Hey Moss Media permission to use them as needed to provide the services.
You represent that you have the right to use and provide those materials.
11. Portfolio Use
Unless you request otherwise in writing, you allow Hey Moss Media to reference your business name, logo, project, website, screenshots, general results, or completed work in our portfolio, website, proposals, social media, or marketing materials.
We will not knowingly disclose confidential business information without permission.
12. Confidentiality
Each party may receive confidential or sensitive business information from the other. Both parties agree to use reasonable care to protect confidential information and to use it only for the purpose of the working relationship.
Confidential information does not include information that is public, already known, independently developed, or required to be disclosed by law.
13. Limitation of Liability
To the fullest extent permitted by law, Hey Moss Media will not be liable for indirect, incidental, consequential, special, punitive, or lost-profit damages.
Our total liability for any claim related to our website or services will not exceed the amount you paid to Hey Moss Media for the specific service giving rise to the claim during the three months before the claim arose.
14. No Warranties
Our website and services are provided “as is” and “as available.” We make no warranties that our website or services will be uninterrupted, error-free, secure, or produce any specific result.
15. Termination
Either party may end an ongoing service relationship according to the terms in the applicable agreement, invoice, or written communication.
We may pause or terminate services if payments are overdue, required materials are not provided, platform access is removed, or the working relationship becomes impractical, abusive, unlawful, or outside the agreed scope.
Upon termination, you remain responsible for any unpaid fees, completed work, third-party costs, or committed expenses.
16. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on our website with a revised effective date. Continued use of our website or services means you accept the updated Terms.
17. Governing Law
These Terms are governed by the laws of the State of [Insert State], without regard to conflict of law principles.
18. Contact
For questions about these Terms, contact:
Hey Moss Media
heymoss@rsdmllc.com