Terms of Service

These Terms of Service ("Terms") govern your use of the eMotion Media Productions website, client portal, and all related services provided by eMotion Media Productions ("eMotion Media," "we," "us," or "our"). By accessing our website, submitting a project inquiry, placing a service order, or logging into the client portal, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not access our website or engage our services. We reserve the right to update these Terms at any time; continued use of our services after changes are posted constitutes acceptance of the revised Terms.

eMotion Media Productions is a full-service media production and digital marketing agency based in Joplin, Missouri. We provide the following services:

• Video production, commercial production, and live event coverage
• Professional, industrial, and aerial (FAA Part 107 certified) photography
• Drone services for real estate, construction, and events
• Brand development, graphic design, and visual identity
• Website design, development, eCommerce, and ongoing maintenance
• Search engine optimization (SEO) and content creation
• Google Ads and Meta (Facebook & Instagram) advertising management
• Social media management and podcast production
• Audio production, including live sound and mastering
• Comprehensive digital marketing strategy and campaign management

All services are delivered through our client portal or via direct engagement, and the specific scope, deliverables, and pricing for each engagement are defined in the applicable proposal, service order, or statement of work.

To ensure successful project delivery, clients agree to:

• Provide accurate, timely information and materials required for the project
• Deliver brand assets, login credentials, and content within agreed-upon timeframes
• Review deliverables and provide feedback within reasonable review windows
• Obtain necessary permissions, licenses, or releases for any third-party materials provided
• Maintain the confidentiality of any portal credentials shared with you
• Ensure that content provided to us does not infringe on the rights of any third party

Delays caused by the client, including failure to provide materials or approvals, may impact project timelines and are not the responsibility of eMotion Media.

All project timelines and delivery dates provided by eMotion Media are estimates based on project scope, current production schedules, and the timely receipt of client materials. While we strive to meet every deadline, we do not guarantee specific completion dates.

Timelines may be adjusted due to factors including, but not limited to, weather conditions (for drone and outdoor shoots), client revision requests, scope changes, third-party delays, or technical limitations. We will communicate any material timeline changes as soon as practicable.

Upon receipt of full payment for a project, the client receives ownership of the final, delivered deliverables (such as finished videos, photographs, designs, and developed websites) for their intended use, unless otherwise specified in the project agreement.

eMotion Media retains ownership of all working files, project source files, raw footage, unedited assets, design drafts, and proprietary methodologies. We reserve the right to display completed work in our portfolio, marketing materials, and social media unless a separate non-disclosure agreement is in place.

The eMotion Media Productions name, logo, website, and all original content are protected by copyright and trademark law and may not be used without our written permission.

Each project includes a defined number of revision rounds as specified in the project proposal or service order. Additional revisions beyond the included allowance may incur additional fees at our standard hourly rate.

Clients are responsible for reviewing deliverables carefully and providing consolidated feedback. Once a deliverable is approved in writing, subsequent changes may be treated as a new scope of work and billed accordingly.

Project pricing is defined in the applicable proposal or service order. Unless otherwise agreed, a deposit of fifty percent (50%) of the total project cost is required to begin work, with the remaining balance due upon project completion and prior to final file delivery.

Recurring services, such as social media management, SEO, and ongoing website maintenance, are billed on a monthly basis. Invoices are due within fifteen (15) days of the invoice date. Late payments may result in the suspension of services until the account is brought current.

Clients may cancel a project at any time by providing written notice. In the event of cancellation, the client is responsible for payment of all work completed up to the date of cancellation, including any non-refundable third-party costs already incurred (such as ad spend, stock media, or hosting fees).

Initial deposits are non-refundable, as they reserve production time and resources. For monthly recurring services, cancellation requires fifteen (15) days written notice before the next billing cycle.

Due to the custom, time-intensive nature of media production and creative services, all work is non-refundable once production has begun. Refunds are not available for completed deliverables, hours already worked, or third-party costs incurred on the client's behalf.

If eMotion Media fails to deliver the agreed-upon services, we will work in good faith to remedy the situation through rework or, at our discretion, a partial credit toward future services.

We design and develop websites to industry standards, but we do not guarantee that any website will be error-free, uninterrupted, or free from harmful components. Website performance may be affected by factors outside our control, including hosting providers, domain registrars, internet connectivity, and browser compatibility.

For websites we do not actively maintain, the client is responsible for software updates, security patches, and hosting renewals after the handover period. We strongly recommend our ongoing maintenance plans to keep your website secure and up to date.

eMotion Media Productions employs industry best practices and certified specialists to manage SEO, Google Ads, Meta Ads, and social media campaigns. However, marketing results are influenced by many variables beyond our control, including market conditions, competitor activity, search engine algorithm changes, and the quality of the client's product or service.

We do not guarantee specific rankings, traffic levels, lead volumes, or sales figures. Performance metrics shown in our reports are based on data from third-party platforms and are provided for informational purposes only.

Our services may involve integration with or management of third-party platforms including Google, Facebook, Instagram, YouTube, LinkedIn, TikTok, and various hosting and analytics providers. We are not responsible for downtime, data loss, policy changes, or account suspensions caused by these platforms.

Clients must provide authorized access to their accounts and remain the owners of all third-party accounts. We are not liable for actions taken by platform providers, including ad account restrictions or content removal.

If our website or client portal allows for the submission, upload, or posting of content, you are solely responsible for the content you provide. You agree not to submit content that is unlawful, defamatory, infringing, or otherwise objectionable.

We reserve the right to remove any user-generated content at our discretion and to suspend access for users who violate these Terms.

We respect your privacy. Our collection, use, and protection of personal information is described in detail in our Privacy Policy, which is incorporated into these Terms by reference.

To the maximum extent permitted by law, eMotion Media Productions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, arising from your use of our services or website.

Our total liability for any claim arising from our services shall not exceed the amount actually paid by the client for the specific service giving rise to the claim.

The client agrees to indemnify and hold harmless eMotion Media Productions, its owners, employees, and contractors from any claims, damages, or expenses (including reasonable legal fees) arising from: the content or materials the client provides; the client's breach of these Terms; or the client's misuse of the delivered work or services.

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles. Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Jasper County, Missouri.

If you have any questions about these Terms of Service, please contact us:

• eMotion Media Productions
• Joplin, Missouri
• zach@emotionmediaproductions.com

You can also reach us through our contact page.