Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Overtop Media Digital Marketing ("OVERTOP," "we," "us," or "our"), concerning your access to and use of our website (https://overtopmedia.com) and our search acquisition and digital marketing services. By accessing our site or contracting our services, you agree that you have read, understood, and agree to be bound by all of these Terms of Service.

2. Scope of Services

OVERTOP provides professional search engine marketing, search engine optimization (SEO), Google Business Profile management, paid social media campaign setups, custom web design, and conversion tracking integrations. The specific scope, deliverables, and performance metrics of your engagement are governed by your individual Service Agreement.

3. Client Responsibilities & Account Access

To execute paid campaigns and search optimization, you must grant us delegated administrative access to relevant advertising accounts (e.g. Google Ads, Meta Business Manager, Microsoft Advertising) and web platforms. You maintain 100% legal ownership of these accounts. You agree to provide accurate, non-fabricated business details, licensing records, and certifications where required for ad verification (such as Google Guaranteed background check clearances).

4. Fees, Billing, and Payments

Fees for our recurring management and custom setup services are billed as flat project fees or flat monthly retainers, as detailed in your Service Agreement. All billing terms, payment cycles, and invoice schedules are governed by [NEEDS VICTOR: billing and payment terms]. We do not charge hidden percentages of ad spend. Ad spend is billed directly to your registered payment method by the respective advertising platform (Google, Microsoft, Meta).

5. Intellectual Property Rights

Unless otherwise indicated, all custom ad copy, campaign structures, design layouts, and custom web content developed specifically for your business belong to you upon full payment of invoices. OVERTOP retains ownership of our proprietary software, tracking scripts, and pre-existing layout templates used to construct the assets.

6. Limitation of Liability

In no event will OVERTOP, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data arising from your use of our site or services. Our liability is strictly limited as set forth in your signed Service Agreement.

7. Governing Law

These Terms of Service and your use of our website and services are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Charlotte, North Carolina.

8. Contact Us

If you have any questions or require clarification regarding these Terms of Service, please contact us at:

Overtop Media Digital Marketing
Email: contact@overtopmedia.com
Phone: (704) 237-0707
HQ Address: 933 Louise Ave Suite 101-18, Charlotte, NC 28204