Terms of Service

Effective Date: 1/1/2019
Last Updated: 7/8/2019

1. Acceptance of Terms

By engaging NOM Media's services, accessing our website, or entering into any agreement with us, you ("Client") agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services Provided

NOM Media provides marketing services including but not limited to:

  • Social media management

  • Marketing consultations and strategy

  • Email marketing services

  • Paid advertising management

  • Marketing campaigns

  • Video production

  • Content creation

  • Branding services

3. No Guarantees or Warranties

IMPORTANT: NOM Media makes no guarantees regarding:

  • Specific results or outcomes from our services

  • Follower growth, engagement rates, or conversion metrics

  • Sales increases or revenue generation

  • Timeline for achieving marketing objectives

We cannot promise suitable outcomes. Marketing results depend on numerous factors including but not limited to market conditions, client industry, target audience, budget allocation, and external economic factors beyond our control.

4. Payment Terms

Payment Schedule

  • Payment Terms: Net 10 days from invoice date

  • Deposits: Required for most services as outlined in individual service agreements

  • Retainers: May be required for ongoing services

Late Payments

  • Late Fee: 15% of the outstanding balance will be charged monthly for overdue payments

  • Service Suspension: Services may be suspended for accounts more than 15 days past due

  • Collection: Unpaid accounts may be referred to collection agencies

Payment Methods

We accept payments via credit card, ACH transfer, and other approved payment methods processed through Stripe.

5. Intellectual Property Rights

Client Ownership

  • Created Assets: All creative work, content, and materials created specifically for the Client belong to the Client upon full payment

  • Pre-existing Materials: Client retains ownership of all materials provided to NOM Media

NOM Media Rights

  • Methodologies: Our processes, strategies, and methodologies remain proprietary to NOM Media

  • Portfolio Use: We reserve the right to showcase completed work in our portfolio and marketing materials

  • General Knowledge: General knowledge and experience gained remain with NOM Media

Restrictions

  • Clients may not share our proprietary strategies or methodologies with other agencies or competitors

  • Work product cannot be resold or redistributed without written consent

6. Client Responsibilities

Required Cooperation

Clients must:

  • Attend regular monthly and weekly meetings as scheduled

  • Provide requested information and materials in a timely manner

  • Grant necessary access to accounts, platforms, and systems

  • Provide feedback and approvals within agreed timeframes

  • Maintain open and honest communication

Failure to Cooperate

If Client fails to meet these responsibilities:

  • We cannot guarantee suitable results

  • Project timelines may be extended

  • Additional fees may apply for delays caused by Client

  • Services may be suspended or terminated

7. Text Message/SMS Services

Opt-In and Consent

By providing your mobile phone number and checking the SMS consent box on our forms, you explicitly agree to receive text messages from NOM Media. You may also opt-in by texting START to (516) 585-3432.

Message Types and Frequency

We may send you:

  • Appointment confirmations and reminders

  • Project updates and status notifications

  • Important account information

  • Promotional offers and marketing messages (only if you opt-in)

Message Frequency: Up to 4 messages per month. Frequency may vary based on your service level and project needs.

Message and Data Rates

Standard message and data rates may apply based on your mobile carrier plan. NOM Media is not responsible for any charges incurred from your wireless carrier.

Opt-Out Instructions

You can stop receiving SMS messages at any time by:

  • Replying STOP to any message

  • Emailing us at support@nommedia.co

  • Calling us at (516) 585-3432

Upon opting out, you will receive a confirmation message, after which no further messages will be sent unless you re-opt-in.

Carrier and Device Requirements

  • SMS services are available on most major U.S. wireless carriers

  • Compatible device with SMS capability required

  • We are not responsible for delayed or undelivered messages due to carrier or device limitations

No Liability for SMS Issues

NOM Media is not liable for:

  • Messages not received due to carrier or device issues

  • Charges from your wireless carrier

  • Any delays in message delivery

  • Technical issues with SMS delivery services

Privacy and SMS Data

SMS communications are subject to our Privacy Policy. We do not share your mobile number with third parties for their marketing purposes.

8. Service Delivery and Performance

Timeline Expectations

  • Standard delivery timeframes are outlined in individual service agreements

  • Timelines may vary based on project complexity and client responsiveness

Force Majeure

NOM Media is not liable for delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, technical failures, or changes in platform policies.

8. Limitation of Liability

Maximum Liability

NOM Media's total liability for any claim shall not exceed the total amount paid by Client for the specific service giving rise to the claim.

Excluded Damages

We are not liable for:

  • Indirect, incidental, or consequential damages

  • Lost profits or business opportunities

  • Data loss or corruption

  • Third-party platform changes or restrictions

9. Termination

By Client

  • 30 days written notice required for ongoing services

  • Client remains responsible for work completed and expenses incurred

By NOM Media

We may terminate services immediately for:

  • Non-payment of fees

  • Breach of these terms

  • Unethical or illegal client activities

  • Failure to cooperate as outlined above

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the business relationship. This obligation survives termination of services.

11. Platform Dependencies

Our services often rely on third-party platforms (social media, advertising platforms, email services). Changes to these platforms' policies, algorithms, or availability may affect service delivery and results.

12. Indemnification

Client agrees to indemnify and hold harmless NOM Media from any claims, damages, or expenses arising from:

  • Client's use of our services

  • Content or materials provided by Client

  • Client's business activities

  • Violation of third-party rights

13. Governing Law

These Terms are governed by the laws of New York State. Any disputes shall be resolved in the courts of Nassau County, New York.

14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, along with any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations and agreements.

16. Updates to Terms

NOM Media reserves the right to update these Terms at any time. Continued use of services after changes constitutes acceptance of updated Terms.

Contact Information

For questions about these Terms of Service:

NOM Media
425 Oak Street, Unit C
Garden City, NY 11530
Phone: (516) 585-3432
Email: support@nommedia.co
Website: nommedia.co

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.