By making payment, in whole or in part, on this invoice, the Client acknowledges and agrees to these Terms & Conditions and authorizes Pahrump Advertising Company (“PAC”) to perform the services described in this invoice, estimate, proposal, or related project communications.
1. ACCEPTANCE OF SERVICES
Payment of any deposit, partial payment, or full payment constitutes the Client’s acceptance of the services, pricing, project scope, and these Terms & Conditions. Work may begin upon receipt of payment unless otherwise agreed in writing.
2. PAYMENTS & REFUND POLICY
Payments for professional services are non-refundable once paid, subject to applicable law. PAC reserves time, personnel, resources, software, scheduling capacity, and other business resources upon acceptance of a project.
This policy applies to website design and development, graphic design, advertising, marketing, search engine optimization (SEO), consulting, photography, content creation, digital services, technical services, and other professional services provided by PAC.
Once work has begun, resources have been committed, time has been reserved, or expenses have been incurred, payments are not refundable merely because the Client changes direction, cancels the project, delays the project, elects not to use completed work, or is dissatisfied with results that were not specifically guaranteed in writing.
Third-party expenses, including but not limited to domain registrations, website hosting, software, advertising spend, printing, stock assets, subscriptions, licenses, platform fees, themes, plugins, and other outside costs, are non-refundable once purchased, committed, or incurred, subject to applicable law and the refund policies of the applicable third-party provider.
Nothing in these Terms is intended to waive any right or remedy that cannot legally be waived under applicable law.
3. PROJECT SCOPE & ADDITIONAL WORK
Services are limited to the work described in the applicable invoice, estimate, proposal, or written project agreement. Requests outside the original scope may require additional fees and approval before work is performed.
Changes, revisions, additions, or services requested after approval of completed work may be considered additional work and billed accordingly.
4. CLIENT RESPONSIBILITIES
The Client is responsible for providing accurate information, content, photographs, logos, account credentials, approvals, and other materials reasonably required to complete the project.
PAC is not responsible for delays caused by the Client’s failure to provide required information, materials, access, feedback, or approvals.
The Client represents that it has the legal right to use all materials supplied to PAC and agrees to be responsible for claims arising from materials, instructions, representations, or content supplied or approved by the Client.
5. DESIGN, WEBSITE & MARKETING RESULTS
PAC will perform services using reasonable professional care. However, PAC does not guarantee specific business results, sales, leads, search-engine rankings, website traffic, advertising performance, social-media engagement, revenue, conversions, or other outcomes unless a specific guarantee is expressly stated in a separate written agreement signed by PAC.
Search engines, advertising platforms, social-media platforms, hosting companies, domain registrars, email providers, software companies, and other third-party services operate independently of PAC and may change their systems, policies, pricing, availability, algorithms, or services without notice.
Lack of a particular marketing, advertising, search-engine, sales, traffic, or business result does not by itself entitle the Client to a refund.
6. THIRD-PARTY SERVICES
PAC is not responsible for failures, outages, data loss, account suspensions, security incidents, policy changes, price increases, service interruptions, algorithm changes, or other acts or omissions of third-party providers.
The Client remains responsible for complying with the terms, policies, laws, and regulations applicable to the Client’s business, website, advertising, communications, and use of third-party platforms.
Fees or expenses paid or committed to third-party providers are subject to those providers’ terms and refund policies and may be non-refundable.
7. CLIENT APPROVAL
The Client is responsible for reviewing and approving designs, proofs, websites, advertisements, written content, contact information, pricing, spelling, images, links, phone numbers, email addresses, and other project materials before publication, printing, distribution, or launch.
Once approved by the Client, PAC is not responsible for errors or omissions that were present in the approved material. Costs associated with correcting, reprinting, reproducing, republishing, or redistributing approved materials may be charged to the Client.
Client approval may be provided in writing, electronically, by email, by text message, through a project-management system, or through other documented communication.
8. INTELLECTUAL PROPERTY
Unless otherwise agreed in writing, final custom work created specifically for the Client may be released for the Client’s use after all amounts due for the applicable project have been paid in full.
PAC retains ownership of its pre-existing materials, processes, templates, methods, software, tools, concepts, know-how, working files, and other intellectual property not created exclusively for the Client.
Third-party fonts, photographs, software, themes, plugins, templates, stock assets, and other licensed materials remain subject to their respective license terms.
Drafts, concepts, unused designs, preliminary work, and working files remain the property of PAC unless otherwise agreed in writing.
9. PROJECT DELAYS & ABANDONMENT
Projects requiring Client participation may be placed on hold if requested information, materials, feedback, approvals, payment, or access are not provided within a reasonable period.
PAC may reschedule delayed projects based on current workload and availability.
A Client’s failure to proceed with or complete a project does not create a right to a refund for work performed, resources committed, expenses incurred, or time reserved, subject to applicable law.
If a project is substantially delayed or abandoned by the Client, additional fees may apply if PAC is later asked to restart or complete the project.
10. CANCELLATION & TERMINATION
Either party may discontinue future services unless otherwise provided in a separate written agreement.
If the Client cancels a project after payment has been made, the Client remains responsible for all work performed, time reserved, resources committed, expenses incurred, and non-cancelable obligations entered into before cancellation.
Amounts already paid for professional services remain subject to the refund provisions stated in Section 2 and are not automatically refundable because a project is canceled or discontinued.
PAC may suspend or terminate services for non-payment, abusive conduct, illegal activity, material breach of these Terms, failure to cooperate, or other circumstances that reasonably prevent PAC from providing the agreed services.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law, PAC shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill, business interruption, or similar losses arising from or relating to the services provided.
To the fullest extent permitted by law, PAC’s aggregate liability arising from a particular project or service shall not exceed the amount actually paid to PAC by the Client for the specific project or service giving rise to the claim.
Nothing in this provision limits liability that cannot legally be limited under applicable law.
12. INDEMNIFICATION
To the fullest extent permitted by law, the Client agrees to defend, indemnify, and hold harmless PAC and its owner, employees, contractors, and agents from third-party claims, damages, liabilities, costs, and reasonable expenses arising from Client-supplied content or materials, the Client’s products or services, the Client’s instructions, intellectual-property claims involving materials supplied by the Client, or the Client’s unlawful or unauthorized use of completed work, except to the extent caused by PAC’s own unlawful conduct.
13. WEBSITE SECURITY, HOSTING & DATA
Unless specifically included in the project scope, PAC does not guarantee continuous website availability, cybersecurity, data preservation, backups, malware prevention, compatibility with every browser or device, or uninterrupted operation of third-party hosting and technology services.
The Client is responsible for maintaining appropriate backups, security practices, account credentials, and ongoing maintenance unless PAC has specifically agreed in writing to provide those services.
PAC is not responsible for unauthorized access resulting from passwords, credentials, accounts, systems, or services controlled by the Client or a third party.
14. ADVERTISING SERVICES & ADVERTISING SPEND
Advertising fees paid to platforms such as Google, Meta, social-media companies, search engines, publishers, or other advertising providers are separate from PAC’s professional service fees unless expressly stated otherwise.
Advertising performance may vary due to competition, market conditions, consumer behavior, platform algorithms, bidding environments, targeting limitations, Client products or services, website performance, and other factors outside PAC’s control.
PAC does not guarantee advertising placement, leads, sales, conversions, profitability, or return on advertising spend unless specifically stated in a separate written agreement.
15. NO LEGAL, TAX, OR REGULATORY ADVICE
PAC provides advertising, design, marketing, website, technology, photography, and related professional services. PAC does not provide legal, tax, accounting, or regulatory advice.
The Client is responsible for obtaining appropriate professional advice and ensuring its business operations, website content, advertising, privacy practices, accessibility practices, intellectual-property use, communications, products, services, and other activities comply with applicable laws and regulations.
16. FORCE MAJEURE
PAC shall not be responsible for delays or inability to perform caused by circumstances reasonably beyond its control, including natural disasters, fire, severe weather, utility failures, internet outages, equipment failure, government action, labor disruptions, illness, third-party platform outages, cyberattacks, or other events beyond PAC’s reasonable control.
17. GOVERNING LAW & VENUE
These Terms & Conditions shall be governed by the laws of the State of Nevada, without regard to conflict-of-law principles.
To the extent permitted by applicable law, any legal action arising from the services provided by PAC or these Terms shall be brought in a court of competent jurisdiction located in Nye County, Nevada.
18. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
19. ENTIRE AGREEMENT
These Terms, together with the applicable invoice, estimate, proposal, statement of work, and any other written project agreement between PAC and the Client, constitute the agreement concerning the applicable services.
Any modification to these Terms or the applicable project scope must be agreed to in writing.
20. ELECTRONIC COMMUNICATION & ACCEPTANCE
The Client agrees that electronic communications, approvals, invoices, estimates, proposals, and agreements may be used in connection with services provided by PAC.
Payment of an invoice, deposit, or other requested amount constitutes acknowledgment that the Client has had the opportunity to review these Terms and accepts the applicable services, pricing, project scope, refund policy, and Terms & Conditions.
PAYMENT ACKNOWLEDGMENT
BY SUBMITTING PAYMENT, IN WHOLE OR IN PART, THE CLIENT ACCEPTS THE SERVICES, PRICING, PROJECT SCOPE, REFUND POLICY, AND TERMS & CONDITIONS ASSOCIATED WITH THIS INVOICE. PAYMENTS FOR PROFESSIONAL SERVICES ARE NON-REFUNDABLE ONCE PAID, WORK HAS BEGUN, TIME OR RESOURCES HAVE BEEN RESERVED, OR COSTS HAVE BEEN INCURRED, SUBJECT TO APPLICABLE LAW. NOTHING IN THESE TERMS WAIVES ANY RIGHT OR REMEDY THAT CANNOT LEGALLY BE WAIVED.