Terms of Service

1. Services

Rockstarr & Moon will provide marketing services professionally and in line with industry standards. Work begins once all initial payments are received.

2. Term & Termination

• This agreement starts on the purchase date and remains in effect for the duration of the service engagement, whether as an ongoing retainer or a fixed deliverable project, as outlined in the proposal.
• For ongoing retainers, this agreement will automatically renew on a month-to-month basis unless either party provides written notice of termination at least 30 days in advance.
• For fixed deliverable projects, the agreement remains in effect until all deliverables have been completed, unless terminated earlier under these terms.
• Either party may terminate this agreement with 30 days' written notice.
• If payment is overdue by more than 10 days, Rockstarr & Moon may terminate the agreement with written notice, and all outstanding amounts will become immediately due.
• Termination does not relieve the Customer of payment obligations for services already provided.

3. Payments & Refunds

• Payments are due upon receipt unless otherwise specified.
• Payments must be in U.S. Dollars.
• Credit card payments are accepted for invoices up to $10,000; ACH is accepted for all invoices.
• Payments via other methods may delay service delivery.
• Payments are non-refundable unless explicitly stated otherwise.

4. Warranty, Liability & Service Interruptions

• Services are provided as is, without guarantees of specific results.
• Except for intentional misconduct, gross negligence or breach of confidentiality, each of Rockstarr & Moon's and Customer's total liability for direct damages is limited to the amount paid by the Customer for the services in question.
• Neither party is liable for any indirect, incidental, special, or consequential damages, including lost profits or data, delays, or service failures.
• Rockstarr & Moon is not responsible for delays or failures caused by factors beyond its control, including but not limited to internet outages, third-party service failures, cybersecurity incidents, acts of nature, or government actions.
• Some limitations may not apply based on local laws.
• Rockstarr & Moon will take reasonable precautions to avoid any infringement of the rights of others in connection with its services and deliveries.

5. Independent Contractor Status

Rockstarr & Moon operates as an independent contractor. This agreement does not create a partnership, joint venture, or employment relationship. Rockstarr & Moon may subcontract services as needed.

6. Customer Responsibilities

• Customer agrees to provide timely feedback, approvals, and access to necessary platforms, brand assets, and information.
• Customer is responsible for ensuring that any provided materials (e.g., logos, images, text) do not infringe on third-party rights.
• Rockstarr & Moon is not responsible for delays caused by Customer's failure to provide required assets or approvals.
• If Customer's delays cause project timelines to be extended, Rockstarr & Moon may adjust the delivery schedule accordingly.

7. Intellectual Property

• Customer Ownership: All final deliverables created by Rockstarr & Moon for the Customer are the Customer's property upon full payment.
• Rockstarr & Moon Ownership: Rockstarr & Moon retains all rights to its proprietary processes, methodologies, systems, templates, and frameworks used to create deliverables. These elements are not transferred to the Customer and may be reused in future projects.

8. Publicity Rights

Customer grants Rockstarr & Moon permission to feature their business in case studies, marketing materials, and promotions, including website and event showcases.

Opt-Out Option: If Customer prefers not to be included in such materials, they may opt out by providing written notice to Rockstarr & Moon at any time. Upon receiving such notice, Rockstarr & Moon will refrain from using Customer's name, likeness, or work in future marketing materials but is not required to remove existing published content.

9. Confidentiality

Both parties agree to keep confidential business information private indefinitely, even after this agreement ends. This does not apply to publicly available information or disclosures required by law.

10. Data Security & Liability

• Rockstarr & Moon will take reasonable steps to protect Customer's confidential information and data.
• Rockstarr & Moon is not responsible for data breaches, cyberattacks, or security incidents caused by third-party platforms, hosting providers, or Customer's own security failures.
• If a breach occurs within Rockstarr & Moon's systems that compromises Customer data, Rockstarr & Moon will notify Customer promptly and take reasonable corrective action.

11. Indemnification

Each party agrees to cover costs and damages if their breach of contract or misconduct results in legal claims against the other party.

12. Dispute Resolution & Governing Law

• This agreement is governed by Florida law.
• Any disputes shall first be attempted to be resolved through good-faith mediation.
• If mediation fails, disputes shall be resolved through binding arbitration in Putnam County, Florida, in accordance with the rules of the American Arbitration Association.
• Both parties waive the right to a jury trial and agree that arbitration is the exclusive method for dispute resolution.
• If legal fees are incurred to enforce this agreement, the winning party can recover costs.

13. Notices

All communications related to this agreement must be made via email.

Contact: Rockstarr & Moon, Inc. · Jon Minion · jon@rockstarrandmoon.com

14. Miscellaneous

• If any part of this agreement is found unenforceable, the rest remains valid.
• Failure to enforce any part of this agreement does not waive the right to enforce it later.
• This agreement is the entire agreement between the parties, superseding all prior discussions.