Terms and conditions.

These terms are between Overcome Media LLC, trading as Overcome Media, and the business named on the proposal or invoice you have accepted. Below, we means Overcome Media and you means that business.

They apply from the moment you accept a proposal, sign a statement of work, pay a deposit or ask us to start, whichever happens first. If you have signed a separate written agreement with us, that agreement wins wherever the two disagree.

We provide marketing services to trades and home service businesses. Depending on what you have engaged us for, that can include video production, paid advertising management, search engine optimisation, website design and build, social media, and brand identity work.

What is included in your engagement is whatever the proposal says, and nothing else. A service described on this website is not part of your engagement unless your proposal lists it.

Every engagement starts with a written proposal setting out the scope, the fee and the term. Accepting it in writing, including by email, creates the agreement.

Work outside that scope is quoted separately before it starts. We will not do additional work and bill you for it afterwards, and we will not stay silent about a request being out of scope.

Either of us can propose a change to the scope. A change only takes effect when both of us have agreed it in writing.

Fees are set out in your proposal. Recurring services are invoiced monthly in advance. Project work is invoiced according to the schedule in the proposal, which normally means a deposit before work starts and the balance on delivery.

Invoices are due within the period stated on the invoice. If an invoice goes unpaid past that period we may pause work after giving you written notice, and we will tell you before we pause rather than after.

Fees do not include third party costs unless the proposal says they do. Advertising spend, hosting, domain registration, stock licences, printing, vehicle wrapping and paid software are yours, and section five covers advertising spend specifically.

Fees are exclusive of any applicable taxes.

You pay the advertising platforms directly, using your own payment method on your own account. Money you spend on ads never passes through us.

We do not charge a percentage of your advertising spend. Our fee is flat and stated in the proposal, and it does not change because your budget does. This is a commitment we make publicly on our paid advertising page and it is repeated here so it is contractual rather than marketing.

You set the budget. We will recommend a figure and tell you honestly when we think a budget is too small to work, but the decision and the liability for the spend are yours.

Most of what goes wrong in this work goes wrong here, so it is worth being plain. You agree to give us the access, material, information and decisions we need, within a reasonable time of us asking.

That normally means logins to your own accounts, approval of drafts, availability for a shoot day where one is in scope, and answers to questions about your business that nobody else can answer.

You confirm that anything you give us to use, including photographs, logos, testimonials and copy, is yours to give, and that using it will not infringe anybody else's rights.

Work that goes out under your name is shown to you before it goes out. Nothing is published to your website, your advertising accounts or your social profiles without your approval, except routine maintenance and anything urgent that we will tell you about immediately afterwards.

Creative work includes one round of consolidated revisions at each approval point, unless the proposal says otherwise. Consolidated means notes gathered and sent together rather than arriving over several weeks.

Where a second round is needed because the brief was wrong rather than the execution, we will revisit the brief with you at no charge. Rounds beyond that are quoted before they start.

Timelines in a proposal assume that material and approvals arrive when they are asked for. They are estimates, and we will tell you as soon as one is at risk rather than at the end.

Where a delay is caused by waiting on you, the timeline moves by at least the length of the wait, and fees for recurring services continue during it.

Yours. On full payment, you own the final deliverables we make for you: the website we build on your domain, the brand marks and the editable vector files behind them, the video and photography we shoot for you, and the written content we produce. Brand files are handed over without condition and without us keeping an editable master.

Also yours, and always was. Your domain, your hosting, your advertising accounts, your Google Business Profile and your social accounts. We work inside them with your permission and we hold no ownership in any of them.

Ours. Our own methods, templates, internal documents, proposals, and any tool or process we built before your engagement or independently of it. Work we showed you that you did not select, including unused creative directions, stays ours.

Theirs. Fonts, stock assets, plugins and software are licensed rather than owned. Where a licence is in your name, it is yours; where a licence is in ours, we will tell you which and what it costs you to hold it yourself. Unless you ask us not to, we may show finished work in our own portfolio.

Wherever possible we work in accounts you own, with our own named access rather than shared logins. That is deliberate: it means your access survives us and ours can be removed in a minute.

You are responsible for keeping your own credentials secure. We are responsible for keeping ours secure and for removing our access when the engagement ends.

We do not guarantee rankings, positions, traffic, leads, calls, conversions, revenue or any other outcome. Nobody can, and any agency that does is either guessing or describing a search nobody makes.

What we commit to is the work itself: the scope in your proposal, done to a professional standard, reported honestly whether the month went well or badly.

Figures shown on this website or in a proposal describe what happened on specific accounts in specific markets. They are not a forecast for yours and are not offered as one.

Much of this work runs on platforms we do not control, including Google, Meta and whatever else your engagement touches. Those companies change their rules, their algorithms, their pricing and their products whenever they choose.

We are not responsible for a platform suspending an account, rejecting an ad, changing a ranking or discontinuing a feature. Where that happens we will tell you, explain what it means, and do what can reasonably be done about it.

Recurring engagements have a minimum term stated in the proposal, after which either of us can end the engagement by giving written notice of the period stated there. Notice takes effect at the end of the current billing month.

Either of us may end the engagement immediately if the other materially breaches these terms and does not fix it within a reasonable time of being told.

On ending, you pay for work done and costs committed up to that point. Work already delivered stays delivered: pages stay on your site, marks stay yours, fixes stay applied, and nothing is rolled back or held back.

We will remove our access from your accounts and hand over anything of yours we hold. We are not obliged to keep your files indefinitely after an engagement ends, so ask for anything you want before you go.

Each of us will keep the other's confidential information confidential, and use it only for the engagement. That covers pricing, customer data, financials, strategy and anything else obviously not public.

It does not cover information that is already public, that we knew before you told us, or that we are required to disclose by law.

Neither of us is liable to the other for indirect or consequential loss, including lost profits, lost revenue, lost business opportunity or loss of data, however it arises.

Our total liability under this agreement is limited to the fees you paid us in the three months before the claim arose. This limit does not apply to anything that cannot lawfully be limited, including fraud, wilful misconduct or death and personal injury caused by negligence.

We are not liable for advertising spend, which is money you paid to a platform rather than to us.

You will indemnify us against claims arising from material you gave us to use, from claims you asked us to make about your business, and from your own breach of law in connection with the engagement. We will indemnify you against claims that work we originated infringes somebody else's intellectual property.

These terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of law rules. The courts of Kentucky have exclusive jurisdiction.

Before either of us starts proceedings, we will each spend a reasonable effort trying to resolve the dispute by talking. If part of these terms turns out to be unenforceable, the rest stays in force.

We may update these terms. The version that applies to your engagement is the one in force when you accepted your proposal, unless we have told you about a change and you have accepted it. The effective date at the top of this page is the date of the current version.

Questions about any of this go to a person rather than a form.