Terms of Service
Terms of Service
Effective date: 11 September 2026
1. Acceptance of These Terms
By accessing or using the website located at https://mktmediasolutions.com (the "Site"), or by engaging Marketing and Media Solutions (the "Company," "we," "us," or "our") for professional services, you ("Client," "you," or "your") agree to be bound by these Terms of Service (these "Terms"). If you do not agree to these Terms, you may not use the Site or engage our services.
These Terms govern both your use of the Site and the framework under which we provide professional services. Each specific engagement for professional services is governed by a separate written service agreement or statement of work, as described in Section 5 below.
2. Who We Are
Marketing and Media Solutions is a limited liability company established under the laws of the State of New Mexico, United States of America. Our registered address is 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA.
We are an international marketing and creative consultancy serving companies, brands, agencies and organizations in the United States and international markets on a business-to-business basis. Our service families include digital marketing consulting, social media strategy and marketing, audiovisual content production, branded content and digital campaigns, marketing and communication services, and content creation and influencer marketing.
You may contact us by email at info@mktmediasolutions.com. This is the only contact channel we operate.
3. Use of the Website
The Site is a static informational website served over HTTPS. You may use the Site to learn about our services and to submit enquiries through the contact form.
You may not:
(a) use any automated means (including robots, scrapers, crawlers or similar data gathering or extraction tools) to access, monitor or copy any part of the Site;
(b) interfere with or disrupt the integrity or performance of the Site or the data contained on it;
(c) attempt to gain unauthorized access to the Site or to any server, system or network connected to the Site;
(d) submit through the contact form any content that is unlawful, defamatory, obscene, threatening, harassing, abusive, fraudulent, or that infringes any intellectual property right or violates any person's privacy;
(e) use the Site for any purpose that is prohibited by applicable law or regulation; or
(f) remove, obscure or alter any legal notice displayed on or through the Site.
We reserve the right to suspend or terminate your access to the Site if you violate these Terms.
4. Enquiries Are Not an Offer
Submitting the contact form on the Site does not create a contract, agreement or obligation of any kind. Nothing on the Site constitutes an offer capable of acceptance. Information about our services is provided for general informational purposes only. Each engagement for professional services requires a separate written service agreement or statement of work signed by both parties, as described in Section 5 below.
5. Professional Services and the Service Agreement
Every engagement for professional services is governed by a separate written service agreement or statement of work executed by the Company and the Client (each, a "Service Agreement"). The Service Agreement sets out the specific terms of the engagement, including:
(a) the scope of services to be performed;
(b) the deliverables to be provided;
(c) milestones and timelines;
(d) fees and the basis on which they are calculated;
(e) invoicing schedule and payment terms;
(f) reimbursement of expenses, if any;
(g) third-party costs and pass-through expenses;
(h) ownership and licensing of deliverables;
(i) cancellation, postponement and refund terms, if applicable;
(j) approval and review cycles;
(k) confidentiality obligations specific to the engagement; and
(l) any other commercial or operational terms agreed by the parties.
These Terms do not set the commercial terms of any engagement. The Service Agreement controls. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement prevails with respect to that engagement.
No work will commence until a Service Agreement has been signed by both parties. We are under no obligation to begin work, reserve resources or hold availability unless and until a Service Agreement is executed.
6. Fees, Invoicing and Payment
Fees for professional services are as agreed in the applicable Service Agreement. We do not publish rates, retainer amounts, deposit requirements or payment terms on the Site. All such terms are negotiated and documented in the Service Agreement for each engagement.
Third-party costs incurred in the performance of services (including but not limited to paid media spend, talent fees, licensed music, stock footage and imagery, location fees, platform advertising fees, and other vendor or supplier charges) are the responsibility of the Client. Such costs are identified and agreed in advance in the Service Agreement or in a separate written authorization. The Company may invoice third-party costs as pass-through expenses or may require the Client to contract directly with the third-party provider, as agreed in the Service Agreement.
The Company does not mark up third-party costs unless expressly agreed in writing in the Service Agreement.
Invoices are issued in accordance with the schedule set out in the Service Agreement. Payment is due in accordance with the payment terms specified in the Service Agreement. Late payment may result in suspension of work and may incur interest or administrative charges as permitted by law and as set out in the Service Agreement.
7. Cancellation, Postponement and Refunds
Cancellation, postponement and refund terms are set out in the applicable Service Agreement. Because our work often involves scheduling crew, equipment, talent, locations and other resources that cannot be rescheduled without cost, cancellation and postponement may result in charges.
As a general principle:
(a) work already performed by the Company up to the date of cancellation or postponement is payable in full;
(b) third-party costs already committed or incurred (including non-refundable deposits paid to vendors, talent, locations or platforms) are payable by the Client in full; and
(c) any refund of fees already paid is subject to the terms of the applicable Service Agreement.
The specific cancellation, postponement and refund terms for an engagement are set out in the Service Agreement for that engagement. No general refund window or cancellation period applies across all engagements.
8. Client Responsibilities
The Client is responsible for:
(a) providing timely approvals, feedback and decisions in accordance with the review and approval cycles set out in the Service Agreement;
(b) providing accurate, complete and timely information, materials, access and instructions necessary for the Company to perform the services;
(c) ensuring that all materials, content, trademarks, logos, images, copy, data and other assets supplied by the Client to the Company (collectively, "Client Materials") do not infringe any third-party intellectual property right, violate any person's privacy or publicity rights, or breach any applicable law or regulation;
(d) obtaining all necessary rights, licenses, clearances and consents for the Company to use Client Materials in the performance of the services;
(e) providing timely access to social media accounts, advertising accounts, content management systems, analytics platforms and other systems or platforms necessary for the Company to perform the services, and maintaining such access throughout the engagement;
(f) reviewing and approving deliverables within the timeframes specified in the Service Agreement; and
(g) complying with all applicable laws, regulations and platform policies in connection with the use and publication of deliverables.
Delay or failure by the Client to fulfill these responsibilities may result in delay to the project timeline, additional fees, or suspension of work, as set out in the Service Agreement.
9. Intellectual Property
(a) Website Content
The Site, including its design, layout, text, graphics, logos, images, software and other content, is owned by the Company or its licensors and is protected by copyright, trademark and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Site, except as necessary for your own personal, non-commercial use or as expressly permitted in writing by the Company.
(b) Ownership of Deliverables
Ownership and licensing of deliverables created by the Company in the course of an engagement are set out in the applicable Service Agreement. Unless the Service Agreement provides otherwise, the default position is that ownership of deliverables (excluding third-party assets and Client Materials) transfers to the Client upon receipt of full payment of all fees and costs due for the engagement.
The Company retains ownership of all working files, drafts, concepts, research, methodologies, tools, templates and other materials created or used in the performance of services but not identified as deliverables in the Service Agreement.
(c) Third-Party Assets
Deliverables may incorporate third-party assets such as licensed music, stock footage, stock photography, fonts, software, or talent performances. Such third-party assets are licensed under the terms of the applicable third-party license agreement. The Client's right to use third-party assets is subject to and limited by those third-party terms. The Company will identify third-party assets and provide available license documentation, but the Client is responsible for ensuring that its use of deliverables complies with all applicable third-party license terms. The Company makes no representation or warranty regarding the scope or duration of any third-party license.
(d) Client Materials
Client Materials remain the property of the Client. By providing Client Materials to the Company, the Client grants the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt and display the Client Materials solely to the extent necessary to perform the services under the applicable Service Agreement.
The Client represents and warrants that it owns or has obtained all necessary rights, licenses, clearances and consents to provide the Client Materials to the Company and to grant the license set forth in this Section, and that the use of Client Materials by the Company in accordance with the Service Agreement will not infringe or violate any third-party right or any applicable law or regulation.
(e) Portfolio and Showcase Rights
The Company's right to use deliverables or Client Materials for portfolio, case study, promotional or showcase purposes is set out in the applicable Service Agreement. The Company will not publicly display or reference an engagement or its deliverables without the Client's prior written consent unless such consent is granted in the Service Agreement.
10. Advertising, Sponsored Content and Influencer Collaborations
Where the services involve the creation, publication or distribution of advertising, sponsored content, branded content, influencer collaborations, endorsements or other promotional material, the parties will comply with all applicable laws, regulations and platform policies, including the Federal Trade Commission Endorsement Guides (16 CFR Part 255), the FTC Act, the Lanham Act, and the advertising and branded content policies of the relevant platforms (including but not limited to Meta, Instagram, TikTok, YouTube, LinkedIn and Twitter).
Material connections between a brand and a content creator, influencer or endorser must be clearly and conspicuously disclosed. Disclosure is not optional. The Company will recommend appropriate disclosure language, but the Client is responsible for reviewing and approving all disclosure language for content published on the Client's own channels or by third parties on the Client's behalf.
The Client is responsible for ensuring that all claims made in advertising or promotional content are truthful, substantiated and not misleading, and that all necessary rights and consents (including talent releases, location releases and music licenses) have been obtained.
11. No Guarantee of Results
The Company does not guarantee, represent or warrant any specific result, outcome or performance from the services, including but not limited to:
(a) revenue, sales, return on investment or return on ad spend;
(b) leads, conversions, purchases or customer acquisition;
(c) followers, subscribers, likes, shares, comments, engagement or reach;
(d) impressions, views, clicks or click-through rates;
(e) search engine rankings, website traffic or domain authority;
(f) virality, media coverage or public attention; or
(g) campaign performance, platform algorithm favorability or audience behavior.
Marketing and advertising outcomes are influenced by numerous factors outside the Company's control, including platform algorithms, auction dynamics, competitive activity, market conditions, audience preferences and behavior, economic conditions, seasonality, current events, and changes to platform policies, features, pricing or terms of service. No marketing or creative service provider can control these factors or guarantee a specific outcome.
The Company will perform services with reasonable skill and care in accordance with the Service Agreement, but the Client acknowledges that marketing, advertising and content creation are inherently uncertain and that past performance (whether by the Company or any other party) is not indicative of future results.
This Section 11 is subject to and should be read together with the Disclaimer of Warranties in Section 14 below.
12. Third-Party Platforms
The services may involve the use of third-party platforms, including but not limited to Meta (Facebook and Instagram), Google (including Google Ads, YouTube and Google Analytics), TikTok, LinkedIn, Twitter, Snapchat, Pinterest, Amazon, Shopify, and other social media, advertising, content management, e-commerce or analytics platforms (collectively, "Third-Party Platforms").
The Company does not own, operate or control any Third-Party Platform. The Client's use of Third-Party Platforms is subject to the terms of service, privacy policies, advertising policies, community guidelines and other terms and policies of the applicable Third-Party Platform.
The Company is not responsible for:
(a) outages, downtime, technical failures or performance issues affecting any Third-Party Platform;
(b) changes to the features, functionality, algorithms, pricing, terms of service or policies of any Third-Party Platform;
(c) suspension, restriction, demotion or termination of the Client's account, page, ad account or content by any Third-Party Platform;
(d) rejection, disapproval or removal of advertising, content or campaigns by any Third-Party Platform;
(e) changes to auction dynamics, cost-per-click, cost-per-impression or other advertising costs on any Third-Party Platform; or
(f) any other action, inaction, decision or policy of any Third-Party Platform.
The Client acknowledges that Third-Party Platforms may change their terms, policies, algorithms or pricing at any time without notice, and that such changes may affect the performance, cost or feasibility of the services. The Company will use reasonable efforts to adapt to such changes, but is not liable for any impact on the engagement resulting from Third-Party Platform actions or changes.
13. Confidentiality
Each party agrees to hold in confidence and not disclose to any third party any confidential or proprietary information disclosed by the other party in connection with the engagement, except:
(a) to the extent necessary to perform the services or exercise rights under the Service Agreement;
(b) to employees, contractors, agents, professional advisors or service providers who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those set forth in these Terms;
(c) to the extent required by law, regulation, court order or governmental authority, provided that the disclosing party gives the other party prompt written notice (if legally permitted) and reasonable opportunity to seek a protective order; or
(d) to the extent the information is or becomes publicly available through no breach of these Terms by the receiving party.
Confidential information does not include information that the receiving party can demonstrate:
(i) was already known to the receiving party without restriction prior to disclosure;
(ii) was independently developed by the receiving party without use of or reference to the disclosing party's confidential information; or
(iii) was rightfully received by the receiving party from a third party without breach of any confidentiality obligation.
The obligations in this Section 13 survive termination of these Terms and any Service Agreement.
Additional or more specific confidentiality terms may be set out in the applicable Service Agreement.
14. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance or usage of trade.
The Company does not warrant that the Site will be uninterrupted, secure, error-free or free of viruses or other harmful components, or that defects will be corrected.
Professional services are provided with reasonable skill and care in accordance with the applicable Service Agreement. Except as expressly set forth in a Service Agreement, the Company makes no warranty, representation or guarantee regarding the services or any deliverable, including but not limited to any warranty of fitness for a particular purpose, accuracy, completeness, quality, or results.
The Company does not warrant or guarantee any marketing, advertising or campaign outcome, as set forth in Section 11 above.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the Company's liability is limited to the maximum extent permitted by law.
15. Limitation of Liability
To the maximum extent permitted by applicable law, the total aggregate liability of the Company arising out of or in connection with any engagement for professional services, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory, is limited to the total amount of fees actually paid by the Client to the Company for that specific engagement in the twelve months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, data, goodwill, business opportunity, or business interruption, however caused and under any theory of liability, whether or not the Company has been advised of the possibility of such damages.
The limitations in this Section 15 apply to all claims in the aggregate, regardless of the number of events, claims or causes of action.
Nothing in these Terms excludes or limits the Company's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under applicable law.
16. Indemnity
The Client agrees to indemnify, defend and hold harmless the Company, its members, managers, employees, contractors and agents from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with:
(a) any breach by the Client of these Terms or any Service Agreement;
(b) any Client Materials provided to the Company, including any claim that Client Materials infringe or violate any third-party intellectual property right, privacy right, publicity right or other proprietary right, or violate any applicable law or regulation;
(c) any content, advertising, campaign or deliverable approved by the Client for publication or distribution, including any claim that such content is defamatory, misleading, deceptive, unlawful or violates any third-party right; or
(d) the Client's use of any deliverable in a manner not authorized by the Service Agreement or in violation of any third-party license term.
This indemnity survives termination of these Terms and any Service Agreement.
17. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms or any Service Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government actions, failure of third-party hosting or telecommunications providers, or failure of Third-Party Platforms.
The party affected by a force majeure event will promptly notify the other party and will use reasonable efforts to mitigate the impact and resume performance as soon as practicable. If a force majeure event continues for more than thirty days, either party may terminate the affected Service Agreement upon written notice without liability, except that the Client remains obligated to pay for work performed and costs incurred prior to termination.
18. Term, Suspension and Termination
These Terms remain in effect for as long as you access or use the Site or engage the Company for professional services.
Each Service Agreement sets out the term of that engagement and the conditions under which either party may suspend or terminate the engagement. Termination terms, including notice periods, wind-down obligations, payment for work performed, and treatment of work in progress, are set out in the applicable Service Agreement.
The Company may suspend or terminate your access to the Site immediately and without notice if you violate these Terms.
Sections 9 (Intellectual Property), 13 (Confidentiality), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnity), 19 (Governing Law and Venue), and any other provisions that by their nature should survive, will survive termination of these Terms or any Service Agreement.
19. Governing Law and Venue
These Terms and any Service Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles.
Any legal action, suit or proceeding arising out of or relating to these Terms or any Service Agreement must be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts.
20. Changes to These Terms, Severability, Entire Agreement, How to Contact Us, Effective Date
(a) Changes to These Terms
The Company reserves the right to modify these Terms at any time. If we make material changes, we will post the updated Terms on the Site with a new effective date. Your continued use of the Site or engagement of our services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site and may not engage our services under the updated Terms.
Changes to these Terms do not affect any Service Agreement already in effect unless the Service Agreement expressly provides otherwise.
(b) Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid, illegal or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable while preserving its intent, or if such modification is not possible, the provision will be severed from these Terms.
(c) Entire Agreement
These Terms, together with the applicable Service Agreement, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
No waiver of any provision of these Terms will be deemed or will constitute a waiver of any other provision, nor will any waiver constitute a continuing waiver unless expressly provided in writing.
(d) How to Contact Us
If you have any questions about these Terms, please contact us by email at info@mktmediasolutions.com.
Our registered address is:
Marketing and Media Solutions
1209 Mountain Road Pl NE, Ste R
Albuquerque, NM 87110
United States of America
(e) Effective Date
These Terms are effective as of 11 September 2026.