Terms of Service for Scott Checola Media Agency
Last Updated: December 14, 2025
Scott Checola Media Agency ("Agency," "we," "us," "our") provides digital marketing, SEO, web design, advertising, and related services ("Services") to clients ("you," "Client") through https://checolamedia.com (the "Site") and other channels. These Terms of Service ("Terms") govern your use of our Site and Services. By accessing the Site, submitting inquiries, or engaging our Services, you agree to these Terms.
1. Services and Scope
We provide services including SEO optimization, website design/development, PPC advertising, social media management, content creation, and email marketing.
Specific deliverables, timelines, pricing, and scope will be outlined in a separate Statement of Work (SOW), proposal, or invoice agreed upon by both parties.
Services are provided on a project, retainer, or campaign basis as specified. Any changes to scope require written approval and may incur additional fees.
2. Client Responsibilities
Provide timely access to necessary accounts, assets, content, feedback, and approvals.
Supply accurate business information, branding guidelines, and performance data.
Ensure all provided content complies with laws and does not infringe third-party rights.
Handle your own ad account payments to platforms (Google Ads, Facebook, etc.) unless otherwise agreed.
3. Payment Terms
Payments are due [Net 15 / upon invoice / monthly retainer] via [Stripe, bank transfer, etc.].
Late payments incur 1.5% monthly interest. Services may be suspended until paid.
Retainers require minimum 3-6 month commitments; early termination incurs a fee equal to remaining months.
All fees are non-refundable except as required by law. No guarantees of specific ROI or rankings.
4. Intellectual Property
Pre-existing Materials: You retain ownership of your pre-existing content, logos, and data provided to us.
Work Product: Upon full payment, we grant you a non-exclusive, perpetual license to use deliverables for your business. We retain rights to portfolio use (anonymized).
Agency Materials: Our templates, tools, processes, and proprietary methods remain our property.
5. Confidentiality
Both parties agree to keep confidential business information, strategies, client data, and trade secrets disclosed during engagement. This survives termination.
6. Termination
By Either Party: 30 days written notice after initial term, subject to payment of outstanding fees.
For Cause: Immediate termination for material breach (non-payment, IP violation) with 10 days to cure.
Upon termination: Final invoice due; we provide final reports/assets upon payment.
7. Disclaimers and Limitation of Liability
Services provided "AS IS." No warranties of results, rankings, traffic, or sales.
We are not responsible for third-party platforms (Google, Facebook) algorithm changes or account suspensions.
Liability limited to fees paid in last 3 months. No consequential damages.
8. Indemnification
You agree to indemnify us against claims arising from your content, data, or instructions violating laws or third-party rights.
9. Governing Law
These Terms governed by New York law. Disputes resolved in courts of Oneida County, NY.
10. Changes to Terms
We may update Terms. Continued use constitutes acceptance.
11. Contact
Questions? Email: [email protected]
Scott Checola Media Agency, New Hartford, NY