Terms and Conditions
Terms & Conditions
Effective Date: 09-25-2025
Company: Marketing Over The Moon (“we,” “our,” “us”)
These Terms & Conditions (“Terms”) govern the use of our services, deliverables, and platforms. By engaging Marketing Over The Moon, you (“Client”) agree to the following:
1. Services
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We provide marketing, advertising, SEO, CRM setup, content, consulting, and related services as described in proposals, agreements, or invoices.
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Services may include the use of third-party platforms such as GoHighLevel, ActiveCampaign, Cloud Campaign, SEMrush, Google Marketing Platform, and others.
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The scope of services will be detailed in a separate Statement of Work, proposal, or contract.
2. Client Responsibilities
Clients agree to:
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Provide accurate, timely, and complete information necessary for services.
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Grant necessary access to third-party accounts (social media, CRM, website, Google accounts, etc.).
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Respond promptly to requests for feedback, approvals, or assets.
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Comply with all applicable laws, including advertising regulations, email compliance (CAN-SPAM, GDPR if applicable), and data protection.
Failure to provide required access, approvals, or feedback may delay deliverables and does not exempt Client from payment obligations.
3. Payments
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Fees and payment terms will be outlined in service agreements or invoices.
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All payments are due on the agreed schedule (monthly retainers, project-based, or milestone-based).
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Late payments may result in suspension of services, withholding of deliverables, and/or late fees.
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All fees are non-refundable unless otherwise stated in writing.
4. Intellectual Property
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Client Materials: Logos, brand assets, and content provided by the Client remain Client’s property.
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Agency Materials: Proprietary tools, processes, templates, strategies, and pre-existing content remain the property of Marketing Over The Moon.
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Deliverables: Final deliverables (ads, graphics, content, reports) transfer to Client ownership only after full payment is received.
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We reserve the right to showcase work for portfolio or marketing purposes unless otherwise agreed in writing.
5. Confidentiality
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Both parties agree to maintain the confidentiality of sensitive information, including client lists, strategies, and financial information.
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This obligation survives termination of services.
6. Third-Party Platforms & Vendors
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We may use third-party platforms (GoHighLevel, ActiveCampaign, Cloud Campaign, SEMrush, Google, etc.) to deliver services.
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Clients acknowledge that these platforms have their own terms of service and privacy policies, which are outside our control.
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We are not liable for outages, errors, or issues caused by third-party platforms.
7. Limitation of Liability
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Marketing Over The Moon is not responsible for indirect, incidental, or consequential damages.
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While we strive for positive results, we do not guarantee specific outcomes (e.g., leads, revenue, rankings).
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Our maximum liability is limited to the amount paid by the Client for services in the three (3) months preceding the claim.
8. Term & Termination
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Either party may terminate services with written notice as per the service agreement.
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Termination does not release the Client from payment obligations for services rendered or contracted.
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Upon termination, we may revoke access to platforms, deliverables, or campaigns not paid in full.
9. Non-Solicitation
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During the term of engagement and for twelve (12) months thereafter, the Client agrees not to directly solicit or hire Marketing Over The Moon employees, contractors, or partners without prior written consent.
10. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of [Insert State], without regard to conflict of law principles.
11. Amendments
We may update these Terms from time to time. Updates will be effective upon posting or written notification. Continued use of services constitutes acceptance of updated Terms.
12. Contact Us
For questions about these Terms, please contact:
Marketing Over The Moon
Email: Marketing@OverTheMoon.agency
Phone: (720) 806-1066
Address: 6373 S Irvington way, Aurora, CO 80016