JNM Creative Terms and Conditions of Service

Last Updated: November 16, 2025

These Terms of Service ("Terms") govern your access to and use of the services ("Services") provided by JNM Creative ("JNM Creative," "we," or "us"), including consulting, strategy development, content creation, and managed partner services (Tier 1, Tier 2, and Tier 3 packages).

1. Scope of Services and Revisions

1.1 Project Scope: Services are defined exclusively by the written Service Agreement (or Proposal) signed by both parties. Any verbal discussion outside of the signed agreement does not constitute a commitment.

1.2 Revision Limits: Unless explicitly stated otherwise in the Service Agreement, all services (including content, design, or strategy deliverables) are limited to two (2) rounds of revisions. Any request for revisions beyond this limit will be considered a Change Request and will be billed at JNM Creative's standard hourly rate.

2. Payment Terms, Cancellation, and Project Suspension

2.1 Retainer Requirement: All projects require a fifty percent (50%) non-refundable retainer of the total project fee before work commences.

2.2 Invoicing: Final invoices for remaining fees are due Net 15 (15 days) from the invoice date.

2.3 Suspension of Service: JNM Creative reserves the right to immediately suspend all Services, including work by subcontractors (professional network), if any invoice remains unpaid after the due date. Suspension will not extend the agreed-upon project deadline.

2.4 Cancellation of Ongoing Services (Tier Packages): For Tier 1, Tier 2, and Tier 3 packages, the Client must provide JNM Creative with at least thirty (30) days written notice of intent to cancel the recurring service. Services will conclude 30 days following the receipt of written notice, and the Client will be responsible for fees covering that final 30-day period.

3. Client Responsibilities and Delays

3.1 Asset Delivery: The Client is responsible for providing all necessary assets (e.g., brand guidelines, logins, content outlines, images) within five (5) business days of the project commencement date.

3.2 Review and Feedback: The Client must provide feedback/approval for all drafts within three (3) business days of receipt. Delays in providing assets or feedback will result in an adjusted project timeline, and JNM Creative will not be penalized for delays caused by the Client's inaction.

3.3 Project Stalling: If the Client fails to provide the required assets, feedback, or approvals (as per 3.1 and 3.2) for a continuous period exceeding fifteen (15) calendar days, JNM Creative reserves the right to immediately invoice the Client for all work completed to date and place the project on indefinite hold. Work will only resume upon full payment of the outstanding invoice and a mutually agreed-upon new timeline.

4. Intellectual Property (IP) and Usage Rights

4.1 IP Transfer: The Client is granted full, non-exclusive, perpetual, worldwide rights to the final, completed deliverables ONLY upon receipt of full and final payment for all associated Services.

4.2 Promotional Use: JNM Creative retains the right to display the final project and details of the work performed for the Client in its portfolio and marketing materials.

5. Limitation of Liability and Force Majeure

5.1 Limitation: In no event shall JNM Creative, its network partners, or employees be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or loss of data, arising from the use of the Services.

5.2 Maximum Liability: JNM Creative's maximum liability under these Terms shall not exceed the total fees paid by the Client to JNM Creative for the specific Service giving rise to the claim.

5.3 Force Majeure: Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to circumstances beyond reasonable control, including, but not limited to, acts of God, natural disasters, war, riot, acts of government, or unavoidable epidemics/pandemics affecting core team members or subcontractors. The affected party shall notify the other party promptly upon the commencement of such cause.

6. Performance Disclaimer (NO GUARANTEE OF RESULTS)

6.1 No Guarantee of Outcome: Client acknowledges and agrees that due to the volatile and third-party dependent nature of the digital marketing industry (including search engine algorithm changes, competitor actions, and market conditions), JNM Creative makes absolutely no guarantee or warranty regarding specific financial, ranking, traffic, lead volume, or conversion rate results.

6.2 Consulting Only: JNM Creative is engaged solely for the purpose of providing strategic consulting, content delivery, and technical guidance. Client understands that ultimate success depends on factors outside JNM Creative's control, including but not limited to, Client's internal sales process, website stability, budget allocations, and market acceptance of the Client’s products or services.

7. Governing Law and Dispute Resolution

7.1 Governing Law and Jurisdiction: These Terms and any claim or dispute arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of [Insert JNM Creative's Home State], without regard to its conflict of law principles.

7.2 Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration in the County of [Insert JNM Creative's Home County/City], State of [Insert JNM Creative's Home State], in accordance with the rules of the American Arbitration Association (AAA). The decision of the arbitrator shall be final and binding upon both parties.