Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the website operated by 24Karat Media ("24Karat Media," "we," "us," or "our") and any services, proposals, or engagements we provide. By accessing our website, submitting a contact form, or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1.Who we are

24Karat Media is a brand and growth studio based in San Diego, California, United States. We provide creative and marketing services including, but not limited to, branding, marketing, lead generation, and analytics.

2.Services

We offer professional services that may include brand strategy and identity, marketing strategy and campaign execution, lead generation systems, funnel and website development, and analytics and reporting. The specific services, deliverables, timeline, and fees for any engagement will be described in a separate written proposal, statement of work, or service agreement (each, an "Engagement Agreement").

In the event of a conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement controls for that engagement.

3.Proposals, fees & billing

• Scope and pricing. Fees are quoted per engagement and agreed in writing before work begins. Engagements may be structured as fixed-scope projects, monthly retainers, or a combination.
• Invoices and payment. Unless otherwise stated in your Engagement Agreement, invoices are due upon receipt. We may require a deposit or first payment before commencing work.
• Recurring billing. Retainer and subscription engagements bill on a recurring basis (for example, monthly) until cancelled in accordance with your Engagement Agreement.
• Late or failed payments. We may pause or suspend work, withhold deliverables, and/or charge reasonable late fees for overdue or failed payments. Continued non-payment may result in termination of the engagement.
• Taxes. Fees are exclusive of applicable taxes, which are your responsibility unless otherwise required by law.

4.Refunds

5.Client responsibilities

To deliver our services effectively, we rely on your timely cooperation. You agree to:

• Provide accurate, complete information and the materials, access, and approvals we need to perform the work;
• Respond to requests for feedback and decisions in a reasonable timeframe;
• Ensure you own or have the right to use any content, brand assets, logos, or materials you provide to us; and
• Comply with all applicable laws in connection with the services and any campaigns, outreach, or marketing we perform on your behalf.

Delays caused by missing information, approvals, or access may affect timelines and are not grounds for a refund.

6.Website use

You agree not to misuse our website, including by attempting to gain unauthorized access, interfering with its operation, scraping or harvesting data, transmitting malicious code, or using it for any unlawful purpose. We may modify, suspend, or discontinue any part of the website at any time without notice.

7.Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using our website or services, you consent to the practices described there.

8.Third-party services

Our services may rely on or integrate third-party platforms and tools (for example, hosting, payment processing, email, advertising, and analytics providers). We are not responsible for the availability, performance, or policies of third-party services, and your use of them may be subject to their own terms.

9.Disclaimers

Our services are provided with professional care, but we do not guarantee any specific business result, including any particular number of leads, conversions, sales, rankings, or revenue. Marketing and lead generation outcomes depend on many factors outside our control. Except as expressly stated in an Engagement Agreement, our website and services are provided "as is" and "as available," without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

10.Limitation of liability

To the fullest extent permitted by law, 24Karat Media and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business, arising out of or related to these Terms, the website, or the services. Our total aggregate liability for any claim will not exceed the total fees you paid to us for the specific engagement giving rise to the claim during the three (3) months preceding the event that gave rise to the claim.

11.Indemnification

You agree to indemnify and hold harmless 24Karat Media from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the website or services, or any content or materials you provide to us.

12.Termination

We may suspend or terminate your access to the website or an engagement if you breach these Terms or any Engagement Agreement, including for non-payment. Termination does not relieve you of payment obligations for services performed or fees incurred prior to termination, and, consistent with our Refund Policy, amounts already paid are non-refundable.

13.Governing law & disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or our services will be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and you consent to that jurisdiction and venue.

14.Changes to these Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Changes are effective when posted. Your continued use of the website or services after changes are posted constitutes acceptance of the updated Terms.

15.Contact

Questions about these Terms? Contact us at [email protected].