Lionel Lowery
Lionel.Marketing
LIONEL.MKTG
Terms and Conditions of Service
Effective as of the date of signing.
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OVERVIEW: WHAT YOU ARE AGREEING TO
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Before you read the full terms below, here is a plain-language summary of the most important points. This overview is not a substitute for the full terms; it is just here to help you understand what you are signing.
If anything here raises a question, ask before you sign.
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FULL TERMS AND CONDITIONS
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1. PARTIES AND AGREEMENT
This agreement is between Lionel Lowery, operating as Lionel.Marketing / LIONEL.MKTG (referred to throughout this document as "LIONEL.MKTG"), and the individual or business signing this agreement (referred to as "you" or "your").
By signing or electronically acknowledging this agreement, you confirm that you have read, understood, and agreed to these
terms in full. An electronic signature, checkbox confirmation, or digital acknowledgment carries the same legal weight as a handwritten signature and constitutes a binding agreement under applicable law.
The specific deliverables for your project are outlined in the proposal or pitch deck provided to you. Upon signing, you will receive a written confirmation of those agreed-upon deliverables. That confirmation, combined with these terms, forms the complete agreement between us.
At the time of signing, you confirm that you are a resident of, or operating a business in, the United States, unless otherwise disclosed in writing prior to signing. International clients are subject to the additional terms outlined in Section 17.
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2. SCOPE OF SERVICES
These terms apply to all services provided by LIONEL.MKTG. This includes but is not limited to marketing strategy, creative direction, graphic design, logo design, photography, videography, video editing, social media content, paid advertising, website design and development, copywriting, and any consulting or advisory work.
Any service provided by LIONEL.MKTG that is not explicitly named in these terms or in your project agreement is still governed by all terms outlined here. No service is exempt from this agreement simply because it is not listed by name. If a service is not addressed specifically, these terms apply in full by default.
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3. SCOPE OF WORK AND DELIVERABLES
The scope of your project is defined by the deliverables outlined in your proposal. If you request additions, removals, or changes to those deliverables at any point, the original agreement becomes null and void and a new contract must be signed before work continues. Changes to scope will affect both the price and the timeline.
Any addition to deliverables, regardless of how minor it may appear, is subject to review and may result in additional
charges and timeline adjustments. No addition is too small to affect the agreement. If you ask for something outside the original scope, it will be assessed, quoted, and agreed to in writing before work on that addition begins.
Your timeline begins when LIONEL.MKTG has received everything needed from you, including content, feedback, approvals, and
any other materials required to move forward. Delays on your end shift the timeline accordingly and do not constitute a breach on LIONEL.MKTG's part.
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4. PAYMENT TERMS
Deposit. A non-refundable deposit of 50% of the total project fee is due at the time of signing. Work does not begin until the deposit is received. Under no circumstances will the deposit be refunded, regardless of how far the project has progressed or why the engagement ends.
Final Payment. Once your project is complete, you will receive a preview of the final deliverable for your review. The remaining 50% balance is due before final files are released. Files will not be delivered until payment is confirmed.
Late Payment. After a 5-day grace period from the date the final invoice is issued, a late fee of 1.5% of the remaining
balance will be applied for each week the balance remains unpaid. If payment is not received after a reasonable period, LIONEL.MKTG reserves the right to terminate the agreement, retain all work produced, and pursue any outstanding balance through appropriate legal or collection channels.
Ad Spend and Third-Party Fees. If your project involves paid advertising or any third-party platform costs, those expenses
are entirely separate from the service fee. Ad spend, platform fees, subscription costs, or any other external charges are your responsibility and are billed directly to you by the respective platforms. LIONEL.MKTG is not responsible for how those platforms charge, adjust, or suspend accounts.
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5. RETAINER SERVICES
If your engagement is structured as a monthly or ongoing retainer, all terms in this agreement apply in full. The following additional terms govern retainer arrangements.
Scope. The scope of work covered under a retainer is defined at the start of each billing period in writing. Any work
requested outside that defined scope is not included in the retainer fee and will be quoted and billed separately. Written approval is required before any out-of-scope work begins.
Payment. Retainer fees are due at the start of each billing period and are non-refundable. Work for that period does not begin until payment is confirmed.
Unused Work. Unused capacity within a retainer period does not roll over to the following period and is not refundable.
Termination of Retainer. Either party may terminate a retainer arrangement with 30 days written notice. Any work completed or in progress during that 30-day period remains billable at the agreed retainer rate. The deposit and any fees paid for the current billing period are non-refundable upon termination.
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6. REVISIONS AND CORRECTIONS
One round of revisions is included in every project. A revision is any change to the creative direction, layout, copy, imagery, color palette, or structure of a deliverable after the initial concept has been presented. A correction is a fix to an error that originated on LIONEL.MKTG's end, such as a misspelling, a wrong color code provided in your brief, or a misaligned element. Corrections are addressed at no additional charge.
Any requests beyond one revision round will be scoped and billed separately and may affect your delivery timeline. All revision requests must be submitted in writing.
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7. APPROVALS
All approvals must be given in writing. This includes approval of concepts, drafts, proofs, and final deliverables. A written
approval can be an email, a message, or a signed document. Verbal approvals are not accepted and will not be treated as confirmation to proceed. Once you approve a stage of work in writing, that stage is considered complete and any changes from that point forward are treated as revisions.
If you are posting social media content created by LIONEL.MKTG on your behalf, you are responsible for reviewing and approving all content before it goes live. Any issues arising from content you approved and published are your responsibility.
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8. CLIENT INACTIVITY AND RESTART FEE
If a project goes dormant for more than 21 consecutive days due to lack of response, missing content, or failure to
provide feedback or approvals on your end, the project will be placed on hold. To restart the project after that point, a restart fee equal to 25% of the original project total is due before work resumes. This fee is in addition to any remaining balance still owed on the project.
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9. THIRD-PARTY ASSETS, LICENSING, AND INTELLECTUAL PROPERTY
LIONEL.MKTG uses a range of professional tools, templates, plugins, stock imagery, stock footage, and licensed assets. These include but are not limited to subscription-based platforms, licensed software, and licensed music. These assets are covered by their own licensing agreements, which means ownership or full rights to the underlying files or assets cannot be transferred to you.
What you receive is the right to use the final deliverable as described in your project agreement. You do not receive the source files, raw assets, original templates, or licenses unless that has been explicitly agreed upon in writing and included in your deliverables.
Stock Content. Any stock imagery, footage, or other licensed assets used in your deliverable are licensed for the specific use outlined in your project. You may not repurpose those assets outside of that context. If you do, you assume full legal and financial responsibility for any resulting claims or violations.
Music Licensing. Where licensed music is used in a video or other deliverable, the applicable license will be provided along with the final file. However, content ID claims, platform-specific licensing conflicts, or any issues that arise from uploading that content to streaming or social platforms are your responsibility. LIONEL.MKTG is not liable for claims made against your content by any platform or rights holder after delivery.
Logos and Original Creative Work. For original work created from scratch, such as logos, you receive full usage rights to the final deliverable upon receipt of final payment. For all other deliverables that incorporate third-party licensed assets, you receive usage rights to the final piece as delivered, not to the individual components within it.
Intellectual Property Similarity. LIONEL.MKTG makes a reasonable, good-faith effort to avoid creating work that conflicts with existing intellectual property. However, given the volume of creative material in existence, it cannot be guaranteed that any deliverable is entirely free of similarity to existing work. It is your responsibility to have any work reviewed by a qualified legal professional before public use, particularly for logos, brand identity, and advertising copy. LIONEL.MKTG is not liable for intellectual property claims that arise after delivery and approval.
Client-Supplied Content. If you provide photos, videos, copy, logos, or any other materials to use in your project, you confirm that you have the legal right to use those materials. If any client-supplied content is found to be unlicensed, stolen, or in violation of a third party's rights, full legal and financial liability rests with you. LIONEL.MKTG holds no responsibility for claims arising from content you supplied.
Written Copy and Advertising Content. LIONEL.MKTG is not liable for copyright or intellectual property claims related to advertising copy, social media captions, or other written content produced in good faith. Reasonable care is taken in creating original content, but it cannot be guaranteed that every phrase or expression is entirely unique across all existing published material.
Design and Print. Files are delivered to standard industry specifications. LIONEL.MKTG is not responsible for color variation, print quality, or any issues that arise from third-party production or printing processes. If you take a design file to another vendor or designer for further modification, LIONEL.MKTG holds no liability for anything that occurs after that point.
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10. ARTIFICIAL INTELLIGENCE
LIONEL.MKTG uses artificial intelligence tools as part of the standard creative and production process. AI helps deliver better results within a competitive timeframe and price, and is a standard part of every engagement.
If your project has restrictions on the use of AI, for example due to legal, contractual, or platform-specific requirements, you must disclose those restrictions before signing this agreement. AI restrictions affect both the price and the timeline of your project. If AI restrictions are raised after signing, the original pricing and timeline are no longer valid and a new agreement will be required before work continues.
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11. VIDEOGRAPHY AND VIDEO PRODUCTION
Raw Footage. Raw, unedited footage is not a standard deliverable and will not be provided unless explicitly listed in your project agreement. You receive the final edited deliverable as outlined in your proposal.
Project Files. Video project files, including editing timelines, project archives, and source materials, are retained for 30 days after delivery. After that period, files may be archived or deleted depending on available storage, at LIONEL.MKTG's discretion. If you need files retrieved after the 30-day window, a retrieval fee may apply and fulfillment is not guaranteed.
Platform Claims. Music licenses will be provided where applicable, but LIONEL.MKTG is not responsible for content ID claims, demonetization, or any platform-specific issues that arise after you upload or publish the delivered content.
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12. MARKETING SERVICES
LIONEL.MKTG does not guarantee specific marketing outcomes, engagement numbers, conversion rates, or return on investment. The agreed-upon work will be delivered to the best of LIONEL.MKTG's ability. How audiences or markets respond to that work is outside of LIONEL.MKTG's control and is not a basis for dispute, refund, or revision.
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13. PAID ADVERTISING
LIONEL.MKTG does not guarantee that ads will be approved by any platform, that they will run without interruption, or that they will achieve any specific performance result. Platform approval decisions are entirely outside LIONEL.MKTG's control. Ad spend is separate from LIONEL.MKTG's service fee at all times. Any budget allocated to ad platforms is your money, managed by you or on your behalf at your direction, and billed directly by those platforms.
If LIONEL.MKTG requires access to your ad accounts to perform agreed services, you confirm that you are granting that
access and that LIONEL.MKTG is not responsible for any account activity, charges, or history that predates the start of the engagement.
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14. SOCIAL MEDIA
LIONEL.MKTG is not responsible for changes to platform algorithms, format requirements, or policies that occur after
delivery. If a delivered asset becomes incompatible with a platform update after you have received and approved it, that does not constitute a revision or a breach. Responsibility for reviewing, approving, and publishing content rests with you unless posting has been explicitly included as a deliverable in your project agreement.
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15. WEBSITES AND DIGITAL PLATFORMS
Third-Party Platforms. Websites built by LIONEL.MKTG may rely
on third-party platforms, plugins, content management systems,
or e-commerce tools. LIONEL.MKTG is not responsible for the
performance, security, data handling, or availability of any
third-party service. This includes but is not limited to
e-commerce functionality, payment processing, and data
storage managed by external plugins or platforms.
Uptime. Website uptime depends on hosting providers and
third-party infrastructure that is entirely outside
LIONEL.MKTG's control. LIONEL.MKTG does not guarantee
uninterrupted availability and holds no liability for
downtime, data loss, or revenue impact resulting from hosting
or platform issues.
Post-Delivery Changes. Once a website has been delivered and
approved, any changes, updates, or modifications requested
after that point are outside the scope of the original
agreement and will be scoped and billed separately.
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16. TERMINATION
Either party may terminate this agreement with written notice.
If you choose to terminate after signing and paying your
deposit, the deposit is non-refundable. If termination occurs
before final delivery, you do not receive the final files or
any work product that has not yet been formally delivered,
regardless of how much of the project has been completed. Any
balance owed up to the point of termination remains due.
If LIONEL.MKTG terminates the agreement due to your failure
to pay, persistent failure to provide required content or
approvals, or conduct that makes it unreasonable to continue,
all work produced is retained by LIONEL.MKTG, the deposit is
non-refundable, and any outstanding balance remains
collectible.
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17. INTERNATIONAL CLIENTS
LIONEL.MKTG primarily serves clients based in the United
States. If you are located outside the United States,
additional terms may apply depending on the nature of the
engagement, applicable laws in your jurisdiction, and
currency and payment considerations. International
engagements are subject to supplemental terms provided
separately at the time of engagement. Regardless of your
location, this agreement is governed by the laws of the State
of North Carolina unless otherwise agreed to in writing
before signing.
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18. CONFIDENTIALITY AND NON-DISCLOSURE
LIONEL.MKTG will treat any non-public information you share
during the course of the engagement as confidential and will
not disclose it to third parties without your consent, except
where required by law. This does not apply to information
that is publicly available or that was already known prior to
the engagement.
LIONEL.MKTG retains the right to display, publish, and
promote any completed work in the portfolio, on the
LIONEL.MKTG website, and across social media channels, unless
you require a higher level of confidentiality as described
below.
If your project requires that work not be shared, referenced,
or discussed publicly, you must indicate this before signing.
By checking the confidentiality box at signing or noting it
in writing prior to signing, you and LIONEL.MKTG agree that
the work produced under this engagement will be kept
confidential, will not be displayed in the portfolio or on
social media, and will not be referenced publicly by either
party without mutual written consent. This confidentiality
obligation becomes part of this agreement and does not
require a separate document.
Confidentiality requests submitted after signing take effect
from the date received and cannot retroactively cover work
already shared or published.
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19. PORTFOLIO AND PUBLICITY RIGHTS
Where no confidentiality has been indicated at signing,
LIONEL.MKTG retains the right to display, publish, and
promote any work created under this agreement. This includes
work in progress and final deliverables, and applies across
all channels including but not limited to the LIONEL.MKTG
website, social media, and presentation materials.
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20. FORCE MAJEURE
LIONEL.MKTG is not liable for delays or failure to deliver
caused by circumstances outside reasonable control. This
includes but is not limited to illness, natural disasters,
platform outages, internet or infrastructure failures, or
any other event that could not have been reasonably
anticipated or prevented. In such cases, LIONEL.MKTG will
communicate as promptly as possible and work to resume the
project when circumstances allow.
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21. DISPUTE RESOLUTION
If a dispute arises from this agreement, both parties agree
to first attempt resolution through written notice and direct
communication. If the dispute cannot be resolved within 30
days of written notice, both parties agree to pursue
mediation before initiating any legal action. This agreement
is governed by the laws of the State of North Carolina. Any
legal proceedings will take place in North Carolina.
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22. MODIFICATIONS TO THIS AGREEMENT
These terms apply to all engagements with LIONEL.MKTG. Any
modifications to these terms must be agreed to in writing by
both parties before work begins. If you present a separate
contract for signature, these terms remain in effect unless
LIONEL.MKTG has explicitly agreed in writing to supersede
them. In the event of a conflict between this agreement and
any client-supplied contract, this agreement takes precedence
unless otherwise stated in a separate written arrangement
signed by both parties.
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23. ELECTRONIC SIGNATURE AND ACKNOWLEDGMENT
By signing or electronically acknowledging this agreement,
you confirm that you have read and understood these terms in
full, that you are authorized to enter into this agreement on
behalf of yourself or your organization, and that you agree
to be bound by all terms outlined here. An electronic
signature, digital checkbox, or other form of electronic
acknowledgment is legally binding and carries the same weight
as a handwritten signature.
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Lionel Lowery
Lionel.Marketing
LIONEL.MKTG
Effective as of the date of signing.
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