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Terms of Service

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Terms of Service Sail Away Media LLC Effective Date: January 1, 2026
 

By engaging Sail Away Media LLC ("Agency," "we," "our," or "us") for any services, the client ("Client") agrees to these Terms of Service. These terms supersede any prior agreements unless otherwise agreed to in writing.

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1. Acceptance of Terms

By engaging Sail Away Media for any services, including signing a proposal, statement of work, or service agreement, or by making any payment to the Agency, the Client agrees to be bound by these Terms of Service.

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2. Services

The Agency will provide services as outlined in the accepted proposal, quote, statement of work, or service agreement. Services may include, but are not limited to:

  • Digital marketing

  • Paid advertising (TikTok, Meta, Google, and other platforms)

  • Social media management

  • Website development and CRO

  • Content creation and UGC production

  • TikTok Shop management and affiliate program management

  • Consulting and strategy

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3. No Guarantee of Results

Sail Away Media does not guarantee specific business, marketing, advertising, social media, lead generation, or financial results from any information, content, or services provided. Digital marketing and advertising outcomes depend on many factors outside the Agency's control, including but not limited to platform algorithm changes, market conditions, product-market fit, client-side factors, and consumer behavior. All projections, forecasts, or estimates provided by the Agency are for illustrative purposes only and do not constitute guarantees or promises of specific outcomes.

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The Agency will apply reasonable professional skill and effort to deliver the agreed services. The Client acknowledges that no agency, individual, or platform can guarantee specific advertising, marketing, or revenue results, and that past performance of any campaign, client, or case study does not guarantee future results.

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4. Client Responsibilities

The Client agrees to:

  • Provide timely access to required accounts, assets, and information

  • Review and approve deliverables in a timely manner

  • Maintain all third-party services required for project execution, including hosting, domains, software subscriptions, advertising accounts, and advertising spend

  • Ensure all materials provided to the Agency are accurate and legally compliant

  • Upload sensitive documentation (such as identity verification or financial records required by third-party platforms) directly to those platforms wherever possible, rather than sharing such documents with the Agency
     

5. Fees and Payment

All fees are outlined in the accepted proposal or agreement.

  • Payments are due according to the agreed payment schedule

  • Recurring services are billed automatically unless otherwise specified

  • All payments are non-refundable

  • Monthly service fees may be adjusted with thirty (30) days written notice

  • Late payments may incur interest at a rate of 5% per month
     

If a project is abandoned due to lack of client communication for fifteen (15) consecutive days, or failure to provide required information for thirty (30) days, all completed work and outstanding balances become immediately due.
 

6. Term and Cancellation

Unless otherwise specified, recurring services operate on a month-to-month basis following any minimum commitment period.

  • Either party may terminate services with thirty (30) days written notice

  • Any minimum contract term remains enforceable regardless of early cancellation

  • Early termination does not entitle the Client to a refund of fees already paid
     

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary, business, financial, technical, or operational information shared during the engagement. Neither party may disclose confidential information without prior written consent unless required by law.
 

8. Intellectual Property

Upon full payment, ownership of final approved deliverables transfers to the Client unless otherwise specified in writing. The Agency retains ownership of proprietary processes, methodologies, templates, internal systems, and pre-existing intellectual property.

The Client grants the Agency permission to display completed work for portfolio, case study, and marketing purposes unless otherwise requested in writing.
 

9. Testimonials and Case Studies

The Agency may reference project results, testimonials, and performance metrics for marketing purposes. All case studies and testimonials represent specific client results and are not a guarantee of similar outcomes for other clients. Upon request, identifying information may be removed or anonymized.


10. Independent Contractor Relationship

The Agency operates as an independent contractor. Nothing in this relationship shall be interpreted as creating an employment relationship, partnership, joint venture, or agency relationship between the parties.
 

11. Limitation of Liability

The Agency makes no guarantees regarding specific marketing results, revenue, sales, leads, rankings, or return on investment. The Agency shall not be liable for platform outages, account suspensions, advertising policy changes, third-party software issues, or indirect, consequential, incidental, or special damages.

In no event shall the Agency's total liability to the Client exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.


12. Indemnification

The Client agrees to defend, indemnify, and hold harmless the Agency, its owners, employees, contractors, and affiliates from any claims arising from products or services sold by the Client, client content, client negligence or misconduct, or the Client's failure to comply with applicable laws or platform policies.


13. Governing Law

These Terms shall be governed by the laws of the State of Florida. Any disputes shall be resolved in the state or federal courts located in Palm Beach County, Florida.


14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.


15. Entire Agreement

These Terms, together with any accepted proposal, quote, statement of work, or service agreement, constitute the entire agreement between the parties and supersede all prior understandings.


16. Updates to Terms

The Agency reserves the right to update these Terms of Service at any time. Continued use of services following any update constitutes acceptance of the revised Terms. Material changes will be communicated to active clients with thirty (30) days notice where practicable.
 

Contact

Questions regarding these Terms of Service can be directed to: contact@sailawaymedia.com 

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