Terms of Service
Effective Date: 1/1/2019
Last Updated: 7/3/2025
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. 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: info@nommedia.co
Website: nommedia.co
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.