Terms & Conditions

The Livewell Media provides a range of services including but not limited to: branding and design, video production, photography, social media management, SEO optimization, paid advertising, email marketing, and other marketing services. For branding and design services, The Livewell Media will deliver a branding strategy, design a new logo only if agreed upon in advance with the Client, and provide a branding guidelines document upon completion. The Client will have two weeks to review the work and provide feedback. If the Client is dissatisfied with the direction of the work at any point, they must pay in full for all work produced up to that point before cancelling this contract with 30 days written notice as stated in Section 8.1. Once services are provided, payments are non-refundable under any circumstances, including but not limited to dissatisfaction with the services or termination of the agreement. ERRORS: The Livewell Media cannot guarantee error-free services. We are not liable to the Client or any third-party for damages including but not limited to lost profits, lost savings, or other incidental, consequential or special damages, regardless of whether we have been advised of the possibility of such damages.

The Client agrees to provide prompt information and cooperation to The Livewell Media to facilitate agreed upon services. The Client acknowledges success and satisfaction relies upon their full and timely cooperation. The Livewell Media cannot guarantee specific outcomes without Client's cooperation.

The total project budget is as agreed upon in advance. Requests above and beyond the budget may be considered out-of-scope and subject to additional fees as an amendment to the budget. Image licensing outside of The Livewell Media's hosting services will be charged at $99 per image per year. Any additional third party costs such as editing fees, production costs, or other external services will be charged upfront as a single payment.

4.1 BILLING SCHEDULE — Our terms for all projects include a fifty percent (50%) deposit, with the remaining balance due upon project completion. For projects with multiple phases, payment is required in advance for each phase. Balances must be cleared within 7 business days. 4.2 CLIENT AGREEMENT TO PAY — Subsequent invoices are subject to a 7-day payment term. Overdue balances incur a late payment fee of 3% per overdue month, increasing to 3% per day after six months. Non-payment may result in suspension of work and access to cloud services. 4.3 COLLECTION COSTS — Should The Livewell Media incur legal fees or other costs in efforts to collect overdue invoices, The Client agrees to reimburse these expenses, including any interest on the unpaid balance. 4.4 RECURRING BUSINESS — Any services requested beyond the original agreement will attract additional charges, payable upon service completion. 4.5 NO REFUNDS — The Livewell Media operates on a fixed-fee basis. After services are rendered, all payments become non-refundable, irrespective of service satisfaction or contract termination. 4.6 VIDEO RESCHEDULING AND CANCELLATION — The Client may request one complimentary reschedule per project, provided at least seven (7) calendar days' written notice is given. A second reschedule will be billed at thirty percent (30%) of the total project fee. A third reschedule, or any request made with less than seven (7) calendar days' notice, will be treated as a cancellation and one hundred percent (100%) of the total project fee will be due.

The Client reserves the right to modify, reject, cancel, or stop any plans with 30 days written notice. However, The Client agrees to reimburse The Livewell Media for all costs and expenses incurred prior to the written notice of change in instructions.

6.1 THE LIVEWELL MEDIA RESPONSIBILITY FOR RELEASES — The Livewell Media is responsible for obtaining necessary releases for third-party materials used in providing services (if applicable). 6.2 CLIENT RESPONSIBILITY FOR RELEASES — The Client guarantees that all elements of text, images, or other artwork provided are either owned by The Client or that The Client has permission to use them. The Client will own the visual elements created for this project once final payment has cleared. 6.3 CLIENT RESPONSIBILITY FOR ACCURACY — The Client shall be responsible for the accuracy, completeness, and propriety of information concerning their products and services furnished to The Livewell Media.

The Livewell Media acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by The Livewell Media on behalf of the Client or disclosed by the Client to The Livewell Media.

8.1 PERIOD OF AGREEMENT — These Terms and Conditions become effective when an invoice is paid and continue until terminated by either party with 30 days written notice. 8.2 TERMINATION FOR CAUSE — Either party may terminate the Agreement if the other party defaults on any material duties and obligations and the default is not cured within thirty (30) days of written notice. 8.3 PAYMENT FOR NON-CANCELABLE MATERIALS — Any non-cancelable materials or services that The Livewell Media has committed to on The Client's account shall be paid for by The Client. In the instance of termination prior to completion of the Term, The Livewell Media reserves the right to charge 50% of the payment due for the remaining duration. 8.4 CLOUD STORAGE — Upon termination, The Client's access to cloud storage services will be revoked after a 90-day grace period, except in cases of non-payment.

The Client agrees to indemnify and hold harmless The Livewell Media and its employees from and against all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to The Client's content or use of services.

These Terms and Conditions shall be governed by the laws of the State of California. Any disputes shall be resolved in the courts of Orange County, California.