Digital Marketing Agency in Lexington, KY The Overcome Media Logo

Terms & Conditions

Last Updated: April 2, 2026

Welcome to TheOvercomeMedia.com (“we,” “our,” “us”). These Terms & Conditions govern your access to and use of our website and services, including Digital Marketing Services, Website Design and Development, Video Ads Creative, Social Media Marketing, Search Engine Optimization (SEO), Paid Advertising, Branding, and Creative Services. By using our website or engaging in any service, you agree to these Terms & Conditions.

If you do not agree with any part of these terms, please discontinue use of our website and services.

1. Use of Our Website

You agree to use our website lawfully and not to:

  • Engage in any activity that disrupts website performance
  • Attempt to gain unauthorized access to our systems
  • Use our content without permission
  • Upload malicious code, spam, or harmful material

We reserve the right to limit or deny access for violations of these terms.

2. Services Provided

The Overcome Media provides a range of digital services, including:

  • Digital marketing
  • Web design & development
  • Video advertising and creatives
  • Social media marketing
  • SEO and paid advertising
  • Branding and graphic design

Each service may require a separate agreement or contract outlining scope, deliverables, timelines, and pricing.

3. Payments & Billing

  • All payments must be made according to the agreed proposal or invoice.
  • Project work begins only after upfront payment, deposit, or written approval.
  • Payments for digital marketing campaigns (including ads) may require additional budgets paid directly to advertising platforms (Google, Meta, etc.).
  • All fees are non-refundable unless stated otherwise in a signed agreement.

Failure to make timely payments may result in paused services or termination.

4. Client Responsibilities

Clients must:

  • Provide accurate information and materials required for projects
  • Approve or request revisions within reasonable timelines
  • Ensure they own or have rights to use any content provided

We are not responsible for delays caused by a lack of required information from the client.

5. Intellectual Property

  • All custom work created by The Overcome Media remains our intellectual property until full payment is received.
  • Upon full payment, ownership of final deliverables transfers to the client unless otherwise stated.
  • We may showcase completed work in our portfolio unless the client requests confidentiality in writing.

All website content, text, graphics, and media on TheOvercomeMedia.com are protected by copyright laws.

6. Advertising & Marketing Campaigns

For paid advertising, social media management, and SEO services:

  • Results may vary depending on industry, competition, and algorithm changes.
  • We do not guarantee specific rankings, lead counts, sales numbers, or ROI.
  • The client is responsible for ad spend budgets paid directly to advertising platforms.

We optimize campaigns based on best practices and available data.

7. Third-Party Tools & Integrations

We may use third-party tools, plugins, hosting providers, or platforms to deliver services. We are not responsible for:

  • Third-party downtime
  • Changes to third-party features
  • Errors or disruptions caused by external providers

Clients agree to follow the terms and conditions of any connected third-party service.

8. Limitation of Liability

To the fullest extent permitted by law, The Overcome Media is not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of revenue, profits, data, or business opportunities
  • Website downtime or errors
  • Delays caused by third-party providers or client action

Our total liability shall not exceed the amount paid by the client for the services rendered.

9. Termination of Services

We may suspend or terminate services if:

  • The client fails to make payment
  • The client violates these Terms
  • The client engages in fraudulent or unethical activity

Upon termination, any outstanding balances remain due.

10. Privacy Policy

Your use of our website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your data, including your phone number and any SMS communications. Please review it at: theovercomemedia.com/privacy-policy

11. SMS & Text Messaging

By providing your phone number through our website contact forms or chat widget, you consent to receive SMS text messages from Overcome Media LLC. These messages may include responses to inquiries, follow-up communications, appointment coordination, and service-related updates.

SMS Messaging Terms
Message frequency varies based on your support interactions.
Message and data rates may apply.
Reply STOP to cancel at any time.
Reply HELP for assistance.
SMS opt-in data will NOT be shared with or sold to any third party for marketing purposes.
Consent to receive SMS is not required as a condition of purchasing any service from Overcome Media LLC.

To opt out at any time, reply STOP to any message or contact us directly at austin@theovercomemedia.com.

12. Governing Law

These Terms & Conditions shall be governed by the laws of the State of Kentucky, United States. Any disputes will be resolved in the courts of Fayette County, Kentucky.

13. Updates to These Terms

We may update these Terms & Conditions without prior notice. Updated versions will be posted on this page with a revised “Last Updated” date. Continued use of our website implies acceptance of the updated terms.

14. Contact Us

If you have questions about these Terms & Conditions, please contact us:

The Overcome Media LLC

Website: theovercomemedia.com

Email: austin@theovercomemedia.com

Phone: 1 (606) 309-0871

Address: 921 Beasley St, Lexington, KY 40509