Terms of Service

1. Agreement and scope

These Terms of Service (the “Terms”) apply to every inquiry, quotation, booking, order, project, deliverable, and service provided by Engage Media Agency (“Engage,” “we,” “us,” or “our”), including photography, videography, editing, creative direction, social media services, websites, software and development services, and related digital or creative work. By requesting, booking, paying for, accessing, using, approving, publishing, or accepting any service or deliverable, the client (“you”) agrees to these Terms. A written proposal, quotation, invoice, scope of work, or separate agreement may add project-specific terms. If a separate written agreement signed by Engage expressly conflicts with these Terms, that signed agreement controls only to the extent of the conflict.

2. Quotes, scope, changes, and timing

Quotes are estimates unless expressly stated otherwise and may expire after 14 days. Work outside the agreed scope, including additional revisions, meetings, editing, pages, features, integrations, reshoots, travel, stock assets, third-party fees, or changes requested after approval, may be charged separately and may change the delivery schedule. Dates and timelines are estimates unless Engage expressly guarantees them in writing. Engage may rely on client-provided information, materials, instructions, access, approvals, and decisions; delays or failures by the client may extend deadlines and result in additional charges.

3. Fees, deposits, and payment

Deposits, milestone payments, and balances are due as stated in the applicable proposal or invoice. Unless Engage agrees otherwise in writing, all payments are non-refundable once work, scheduling, reserving production time, procurement, or third-party commitments have begun. Final deliverables, source files, credentials, launch, publication, or transfer of any license or rights may be withheld until all amounts due have cleared. The client is responsible for applicable taxes, bank charges, third-party costs, collection costs, and reasonable legal fees incurred by Engage in collecting overdue amounts, to the extent permitted by law.

4. Client responsibilities and materials

The client is responsible for obtaining all permissions, releases, licenses, consents, and approvals necessary for people, locations, trademarks, music, copy, images, data, products, claims, and other materials the client provides, requests, publishes, or instructs Engage to use. The client represents that its materials and instructions are accurate, lawful, non-infringing, and do not violate any rights or applicable rules. The client must review all deliverables before use. Engage may decline work or remove materials it reasonably believes are unlawful, infringing, unsafe, misleading, or contrary to these Terms.

5. Approval and automatic acceptance

The client must inspect each delivered draft or final deliverable promptly. A deliverable is conclusively accepted upon the earliest of: (a) the client’s written or verbal approval; (b) the client’s payment of the final invoice; (c) the client’s publication, use, distribution, launch, download, or delivery to a third party; or (d) seven calendar days after delivery if Engage has not received a specific written notice identifying a material nonconformity with the agreed scope. General dissatisfaction, changed preferences, or requests outside the agreed scope do not prevent acceptance. Once accepted, the client is solely responsible for all use, publication, distribution, operation, claims, compliance, and consequences related to the deliverable.

6. Ownership, intellectual property, and licenses

All copyright, intellectual-property rights, source files, working files, drafts, concepts, treatments, designs, code, templates, methods, processes, presets, project files, raw footage, raw photographs, unused material, and other work product created or owned by Engage remain the exclusive property of Engage. No ownership, assignment, transfer, or exclusive license is granted by payment, delivery, or use alone. The client receives only the limited right, if any, expressly stated in a separate written agreement signed by Engage after full payment is received. Any rights not expressly granted in that signed agreement are reserved by Engage.

Unless a signed agreement expressly says otherwise, Engage retains the unrestricted right to display, reproduce, publish, adapt, and use the work and the client’s name, logo, and project description for its portfolio, social media, advertising, awards, education, and self-promotion. The client may not sell, sublicense, alter, extract, reuse, reverse engineer, transfer, or claim ownership of Engage materials except as expressly permitted in writing.

7. Photography, video, and creative services

Creative output is subjective. The client acknowledges that Engage’s artistic judgment, style, editing, composition, color, music selection, pacing, and technical choices are part of the service. Raw files, unedited images, unused footage, project files, and alternate takes are not included unless expressly agreed in writing. Engage is not responsible for conditions beyond its reasonable control, including weather, venue restrictions, lighting, participant availability, equipment failure, acts of third parties, or missed moments caused by client, guest, venue, or event circumstances.

8. Websites, software, and digital services

Unless a separate written maintenance agreement states otherwise, websites, applications, code, domains, hosting, email, plugins, integrations, analytics, payment services, search rankings, advertising platforms, social-media platforms, security, backups, updates, and third-party services are provided without any ongoing support, maintenance, monitoring, warranty, or backup obligation after final delivery or launch. The client is responsible for securing and maintaining its domain, hosting, accounts, credentials, content, legal notices, privacy obligations, backups, updates, business operations, and compliance.

Third-party platforms, plugins, APIs, themes, hosting providers, browsers, search engines, and service providers may change, fail, discontinue, or impose their own fees and terms. Engage does not control and is not liable for them. Features are tested only on the environments, devices, and browsers expressly agreed in writing. No promise is made regarding uninterrupted operation, rankings, conversions, revenue, security, compatibility, or future availability.

9. Delivery, retention, and backups

Final deliverables may be delivered by download link, email, cloud storage, transfer service, repository, hosting account, or another reasonable method selected by Engage. The client must download, verify, and securely retain all final deliverables immediately. Engage may delete final deliverables, source files, working files, backups, and associated project materials 30 calendar days after final delivery and has no obligation to store, re-send, restore, maintain, or back up any item after that period. Website maintenance, hosting, monitoring, and backup services apply only where a separate written agreement expressly provides them.

10. Disclaimers and limitation of liability

To the maximum extent permitted by applicable law, services and deliverables are provided “as is” and “as available.” Engage disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, security, results, and uninterrupted or error-free operation. The client assumes all risk after acceptance or use of a deliverable.

To the maximum extent permitted by law, Engage will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage; loss of data, revenue, profit, goodwill, business opportunity, reputation, or use; business interruption; third-party claims; or damages arising from client content, instructions, publication, use, operation, hosting, maintenance, alteration, or failure to back up a deliverable. Engage’s total aggregate liability arising from a project will not exceed the amounts actually paid to Engage for the specific service giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded.

11. Indemnification

To the maximum extent permitted by law, the client will defend, indemnify, and hold harmless Engage and its owners, employees, contractors, and affiliates from any claim, demand, loss, liability, cost, damage, or expense (including reasonable legal fees) arising from the client’s materials, instructions, products, services, content, data, conduct, publication, use, distribution, legal compliance, or breach of these Terms.

12. Cancellation, suspension, and force majeure

Engage may suspend or terminate work if payment is overdue, the client is unresponsive, access or approvals are unavailable, or the client breaches these Terms. Deposits and amounts for work performed, reserved time, committed expenses, and non-cancellable third-party costs remain due. Neither party is liable for delays or non-performance caused by events outside reasonable control, including natural disasters, weather, illness, accidents, outages, platform failures, labor disputes, government action, civil disturbance, or internet/utility failure.

13. Governing law and disputes

These Terms are governed by the laws of Curaçao, without regard to conflict-of-law rules. To the maximum extent permitted by law, the courts of Curaçao have exclusive jurisdiction over any dispute arising from these Terms or any service or deliverable. Before bringing a claim, the client must provide written notice describing the dispute and allow Engage at least 30 days to attempt an informal resolution.

14. General

These Terms, together with any applicable signed agreement, proposal, or invoice, form the entire agreement regarding the applicable service. No waiver is effective unless in writing by Engage. If a provision is unenforceable, it will be enforced to the fullest extent permitted and the remaining provisions remain in effect. Engage may update these Terms from time to time; the version in effect when the client books, pays for, or accepts the service applies unless a later version is accepted by the client.