These Terms of Service (the “Terms”) govern your access to and use of the website, services, deliverables, products, and communications offered by Mullins Media (collectively, “Mullins Media,” “we,” “us,” or “our”). By accessing our website, submitting an inquiry, approving a proposal, signing an agreement, or purchasing services, you agree to these Terms.
Important: Please read these Terms carefully. They include payment, cancellation, and refund terms. These Terms do not limit any rights that cannot lawfully be limited under applicable law.
1. Services and Scope of Work
Mullins Media provides digital marketing, video production, photography, search engine optimization, advertising, content creation, customer relationship management automation, and related consulting services. The specific services, deliverables, pricing, timeline, payment schedule, and any project-specific terms will be described in a written proposal, statement of work, service agreement, invoice, or order confirmation (each, a “Project Agreement”).
A Project Agreement is incorporated into these Terms. If a Project Agreement conflicts with these Terms, the Project Agreement controls only with respect to that project.
2. Client Responsibilities
You agree to provide accurate, complete, and timely information, materials, approvals, account access, feedback, and decisions reasonably necessary for us to perform the services. You represent that you have the right to provide all materials, including text, images, trademarks, data, and account credentials, that you ask us to use.
Project timelines depend on timely client participation. We are not responsible for delays, missed deadlines, reduced performance, or additional costs caused by late, incomplete, inaccurate, or changed client materials, instructions, approvals, access, or feedback.
3. Fees, Invoices, and Payment
You agree to pay all fees stated in the applicable Project Agreement or invoice. Unless otherwise stated in writing, invoices are due upon receipt. We may pause work, withhold deliverables, or reschedule project work if an invoice is overdue.
You are responsible for all applicable taxes, government charges, processing fees, third-party platform charges, advertising spend, and other out-of-pocket costs unless a Project Agreement expressly states otherwise. Payments for third-party services or platforms may be subject to their own terms and refund policies.
4. No-Refund Policy After Work Begins
Once work has started on a paid invoice, the amount paid under that invoice is non-refundable. Work is considered to have started when we begin performing any project-related service, including discovery, research, strategy, planning, consultation, communication, account setup, onboarding, design, writing, editing, production, campaign setup, implementation, coordination, or any other work connected to your project.
This policy applies even if you change your mind, pause or cancel the project, do not provide requested materials or approvals, decide not to use the services or deliverables, or request changes outside the agreed scope. Any exception must be approved by Mullins Media in a written agreement signed by an authorized representative.
Nothing in this section limits a refund or remedy that cannot legally be waived under applicable law.
5. Cancellations, Pauses, and Changes
You may request to cancel or pause a project by providing written notice to jmullins@mullins-media.com. Cancellation or pause requests do not create a right to a refund for work that has started or services already reserved, performed, or incurred.
If you request a material change to the scope, timeline, deliverables, or instructions, we may revise the price, delivery schedule, and other project terms before proceeding. Work outside the agreed scope requires our written approval and may be billed separately.
6. Estimates, Timelines, and Results
Any timeline, forecast, estimate, recommendation, or projection is an estimate only and is not a guarantee. Results may be affected by factors outside our control, including market conditions, platform policies and algorithm changes, audience behavior, client participation, competitors, third-party vendors, and technical issues.
Unless expressly stated in a signed Project Agreement, we do not guarantee any particular revenue, leads, sales, return on investment, advertising performance, search ranking, social-media reach, approval by a platform, or other business outcome.
7. Intellectual Property and Deliverables
Each party retains ownership of the intellectual property it owned before the project began. Upon full payment of all amounts due, Mullins Media grants you a non-exclusive, perpetual license to use the final deliverables specifically identified in the applicable Project Agreement for your internal business and marketing purposes.
Unless a Project Agreement states otherwise, Mullins Media retains ownership of all pre-existing materials, methods, templates, tools, processes, concepts, drafts, source files, working files, and unused concepts. We may reuse our general skills, knowledge, methods, and non-confidential ideas in future work.
You may not use, reproduce, distribute, modify, or transfer drafts, rejected concepts, source files, or materials not identified as final deliverables without our prior written consent. Third-party assets, including stock media, fonts, software, music, and platform tools, are subject to their applicable license terms.
8. Portfolio and Promotional Use
Unless you instruct us otherwise in writing before publication, you grant Mullins Media permission to display non-confidential final work, your name, logo, and a general description of the project in our portfolio, website, social-media channels, proposals, case studies, and other promotional materials. We will not disclose confidential information without your permission.
9. Confidentiality
Each party may receive non-public information from the other party. Each party will use the other party’s confidential information only as reasonably necessary to perform or receive the services and will protect it using reasonable care. Confidential information does not include information that is publicly available through no breach of these Terms, already known without a duty of confidentiality, independently developed, or rightfully received from another source.
We may disclose confidential information if required by law, subpoena, or court order, provided that we give notice when legally permitted to do so.
10. Third-Party Platforms and Services
Services may involve third-party platforms, software, advertising networks, hosting providers, payment processors, social-media platforms, or other vendors. We do not control and are not responsible for the availability, security, policies, outages, account suspensions, data loss, performance, charges, or decisions of third parties.
You are responsible for complying with the terms, policies, and legal requirements applicable to your accounts, offers, content, products, services, and industry. You remain responsible for your business decisions and for reviewing and approving work before it is published, launched, submitted, or used.
11. Acceptable Use
You may not use our website or services for any unlawful, fraudulent, abusive, infringing, defamatory, harmful, or misleading purpose. You may not interfere with the security or operation of our website or services, attempt unauthorized access to systems or accounts, or use our services in a way that violates another party’s rights or applicable laws.
We may refuse, suspend, or terminate services where we reasonably believe the requested work could violate these Terms, a third-party policy, or applicable law.
12. Disclaimers
To the fullest extent permitted by law, our website, services, and deliverables are provided on an “as is” and “as available” basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free service.
You are responsible for obtaining independent legal, tax, financial, regulatory, and business advice when appropriate. Our services are not legal, tax, financial, or regulatory advice.
13. Limitation of Liability
To the fullest extent permitted by law, Mullins Media and its owners, employees, contractors, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, loss of data, loss of goodwill, or business interruption, arising out of or related to the website, services, deliverables, or these Terms.
To the fullest extent permitted by law, our total liability arising out of or related to a claim will not exceed the amount you paid to Mullins Media for the specific services giving rise to that claim during the three (3) months immediately before the event giving rise to the claim.
Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In those jurisdictions, the limitations in these Terms apply only to the extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Mullins Media and its owners, employees, contractors, and representatives from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from or related to: (a) your materials, products, services, instructions, or content; (b) your breach of these Terms or a Project Agreement; (c) your violation of law or third-party rights; or (d) your use of our services or deliverables outside the agreed scope or applicable law.
15. Termination
Either party may terminate an ongoing project as provided in the applicable Project Agreement or, if none applies, by written notice. Termination does not affect payment obligations for services performed, commitments made, costs incurred, reserved capacity, or invoices paid or due before termination. Sections that by their nature should survive termination, including payment, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and governing-law provisions, will survive.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Mississippi, without regard to conflict-of-law principles. Any legal action arising out of or related to these Terms must be brought exclusively in the state or federal courts located in Harrison County, Mississippi, and each party consents to the jurisdiction and venue of those courts.
Before filing a legal claim, the parties agree to make a good-faith effort to resolve the dispute informally by written notice. This section does not prevent either party from seeking emergency injunctive or equitable relief when necessary to protect intellectual property, confidential information, or legal rights.
17. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the website or services after the updated Terms take effect constitutes acceptance of the updated Terms, to the extent permitted by law.
18. General Terms
These Terms and any applicable Project Agreement constitute the entire agreement between you and Mullins Media regarding the relevant services, unless a separate written agreement expressly states otherwise. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of that provision. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or business reorganization.
19. Contact Us
For questions about these Terms, contact:
Mullins Media
10216 3rd Ave
D’Iberville, MS 39540
jmullins@mullins-media.com
(228) 861-2964