Terms of Service

Last Updated: 10/03/2025

Agreement to Terms

By accessing or using Columbus Media Group's website and services, including multimedia marketing services, web design and development services, and related digital services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

Use of Services

Eligibility

You must be at least 18 years old or have the legal capacity to enter into contracts to use our Services. By using our Services, you represent that you meet this requirement and have the authority to enter into these Terms on behalf of yourself or your organization.

Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations

  • Infringe upon the rights of others

  • Transmit harmful code, viruses, or malware

  • Attempt to gain unauthorized access to our systems

  • Use automated systems to access the Services without permission

  • Harass, abuse, or harm other users

  • Use the Services for any illegal or unauthorized purpose

  • Impersonate any person or entity

  • Interfere with or disrupt the Services

Intellectual Property

Our Content

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, software, designs, and marketing materials created by Columbus Media Group, are owned by Columbus Media Group or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Projects and Deliverables

For paid projects, upon full payment of all fees:

  • Website and Design Work: You receive ownership of the final approved deliverables as specified in your project agreement or statement of work

  • Source Files: Source files, templates, and development code ownership will be specified in your project agreement

  • Third-Party Elements: Any third-party components (stock photos, fonts, plugins, etc.) remain subject to their original licenses

  • Portfolio Rights: We retain the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing

Your Content

You retain ownership of all content, materials, images, text, and media you provide to us for use in projects ("Client Materials"). By providing Client Materials, you grant us a license to use, reproduce, modify, and display them solely for the purpose of providing Services to you.

You represent and warrant that:

  • You own or have the necessary rights to all Client Materials

  • Your Client Materials do not violate any third-party rights

  • Your Client Materials comply with these Terms and applicable laws

Payment Terms

Contract-Based Services

All services provided by Columbus Media Group are governed by individual contracts, proposals, or statements of work ("Service Agreement") that outline:

  • Specific scope of services to be provided

  • Project deliverables and timelines

  • Total project fees and payment schedule

  • Number of included revisions

  • Any recurring services (hosting, maintenance, ongoing marketing)

Payment Structure

Payment terms will be detailed in your Service Agreement and may include:

  • Upfront Deposits: A percentage or fixed amount due before work commences

  • Milestone Payments: Payments due at specified project phases or deliverables

  • Final Payment: Balance due upon project completion or before final delivery

  • Recurring Payments: Monthly or annual fees for ongoing services such as hosting, maintenance, or retainer-based marketing

Invoice Terms

  • Invoices are due within the timeframe specified in your Service Agreement (typically 15-30 days from invoice date)

  • Payment must be made via the methods specified in your invoice

  • Late payments may be subject to interest charges of [1.5%] per month or the maximum rate permitted by law, whichever is less

  • We reserve the right to suspend or terminate services for accounts with overdue balances exceeding 30 days

  • Client is responsible for all collection costs, including reasonable attorney fees, incurred due to non-payment

Work Commencement and Delivery

  • Work will not commence until the initial deposit or payment specified in the Service Agreement has been received

  • Final deliverables may be withheld until all outstanding invoices are paid in full

  • We retain ownership of all work product until full payment is received

Refunds and Cancellations

  • Deposits are non-refundable once work has commenced

  • If you cancel a project after work has begun, you will be invoiced for all work completed to date based on the percentage of project completion or hourly rates as outlined in your Service Agreement

  • Completed work is non-refundable

  • Specific refund terms, if any, will be outlined in your Service Agreement

Scope Changes

  • The scope of work is defined in your Service Agreement

  • Any requests that fall outside the agreed scope will require a change order with additional fees

  • Additional revisions beyond those included in your Service Agreement will incur additional charges

  • Significant changes to project scope require a new estimate, written approval, and payment before work proceeds

Recurring Services

  • Recurring services (hosting, maintenance, marketing retainers) require ongoing payments as specified in your Service Agreement

  • Services are billed in advance on a monthly, quarterly, or annual basis as specified

  • Failure to pay for recurring services may result in service suspension or termination

  • Cancellation of recurring services must be provided in writing according to the notice period specified in your Service Agreement (typically 30 days)

  • You are responsible for maintaining backups of your website content and materials

Taxes

  • All fees are exclusive of applicable taxes

  • Client is responsible for all sales, use, value-added, and other taxes associated with services provided

Termination

By Columbus Media Group

We may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or other breach of your Service Agreement.

By Client

You may terminate services by providing written notice as specified in your Service Agreement. Termination notice requirements and any associated fees or obligations will be outlined in your individual contract.

Effects of Termination

Upon termination:

  • Your right to use the Services immediately ceases

  • You remain responsible for all fees accrued up to the termination date

  • We may delete project files and data according to our data retention policies

  • Any payments made for completed work are non-refundable

  • Provisions that by their nature should survive termination will remain in effect (including payment obligations, intellectual property rights, and liability limitations)

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free

  • Websites we create will be compatible with all browsers and devices

  • Marketing campaigns will achieve specific results or return on investment

  • Third-party services or platforms we integrate will remain available or functional

  • Any errors will be corrected

While we strive to create high-quality work, results from marketing campaigns and website performance depend on many factors outside our control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLUMBUS MEDIA GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Services

  • Website downtime or technical issues with websites we create

  • Marketing campaign performance or results

  • Any unauthorized access to or use of our servers and/or any personal information stored therein

  • Any interruption or cessation of transmission to or from the Services

  • Any bugs, viruses, or the like that may be transmitted through websites or services

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

  • Third-party services, plugins, or platforms that cease to function

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE PAST 12 MONTHS OR FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM, WHICHEVER IS LESS.

Indemnification

You agree to indemnify, defend, and hold harmless Columbus Media Group and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Services

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Client Materials you provide to us

  • The content you request us to include in websites or marketing materials

  • Your use of deliverables or websites we create for you

Dispute Resolution

Governing Law

These Terms shall be governed by the laws of Arkansas, without regard to its conflict of law provisions.

General Provisions

Entire Agreement

These Terms, together with any Service Agreement between you and Columbus Media Group, constitute the entire agreement between you and Columbus Media Group regarding the Services. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Contact Information

For questions about these Terms, please contact us at:

Columbus Media Group
601 W Walnut St, Rogers, AR 72756
christopher@columbusmediagrp.com