Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of errantagencymedia.com and the services provided by Errant Agency (“Errant Agency,” “we,” “us,” “our”), a video and marketing agency based in Newnan, Georgia. By using this website, submitting an inquiry, booking a call, or engaging us for work, you agree to these Terms. If you do not agree, please do not use the site or our services.

1. Written agreements take priority

If you engage us for services, we will provide a proposal, statement of work, or service agreement describing the scope, deliverables, timeline, and fees. Where anything in that signed document conflicts with these Terms, the signed document controls. These Terms fill in the gaps.

2. Using this website

You may browse this site, watch our work, and submit an inquiry. You agree not to:

• Submit false, misleading, or automated inquiries
• Attempt to gain unauthorized access to the site or its systems
• Scrape, harvest, or bulk-download content, or use bots against the site
• Introduce malware, or interfere with the site’s normal operation
• Use the site for anything unlawful, or in breach of these Terms

We may suspend or refuse access to anyone who does any of these things.

3. Our content and intellectual property

The text, video, photography, graphics, layout, design, and code on this site belong to Errant Agency, or are used with permission from our clients. Client names, logos, and video work are shown to illustrate services we have performed. You may not copy, republish, redistribute, or reuse any of it without our written permission. Nothing on this site transfers any intellectual property right to you.

4. Quotes and proposals

Any quote, estimate, or proposal we give you is valid for 30 days unless it says otherwise. It is based on the scope we discussed. If the scope changes, the price and the timeline may change with it — always discussed with you and confirmed in writing first. A quote is not a contract until we both agree in writing.

5. Fees and payment

Fees, billing frequency, and payment terms are set out in your proposal or agreement. Unless your agreement says otherwise, the following applies:

• A deposit is due before work begins, with the balance invoiced on the schedule in your agreement
• Invoices are due within 14 days of the invoice date
• Ongoing services such as advertising management are billed in advance for each period, and continue until either party gives 30 days’ written notice
• Ad spend is separate from our fees and is paid directly to the advertising platform by you, unless your agreement says we handle it
• Past-due amounts may pause active work and campaign management, and may accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower
• You are responsible for any taxes that apply to the services, other than our income tax

6. Your responsibilities

Marketing and video work depend on you as much as on us. You agree to:

• Provide accurate information about your business, services, and pricing
• Respond to approval requests and give feedback within a reasonable time
• Supply any materials, access, footage, or credentials we need
• Ensure you have the rights to any content, logos, music, or footage you provide to us
• Comply with the advertising policies of the platforms we run your campaigns on
• Ensure your own website, offers, and claims comply with applicable law

Delays in approvals or materials will move the timeline accordingly.

7. Deliverables, ownership and licence

Unless your agreement says otherwise: once you have paid in full for a deliverable, you own the finished deliverable and may use it for your business. We retain ownership of the underlying project files, raw footage, working files, templates, and any tools or systems we used to create it. We also retain the right to use what we made for you in our portfolio and marketing, as described in section 8.

Any third-party assets included in your deliverable — stock footage, licensed music, fonts, or platform-provided materials — remain subject to that third party’s licence terms, and your use of them must comply with those terms.

8. Portfolio and marketing rights

We are proud of our work and we show it. Unless you tell us otherwise in writing, we may display the work we create for you — including finished videos, your business name, and your logo — on our website, in our portfolio, on our social media, and in proposals and pitch materials. If you would prefer we do not, tell us in writing before or during the engagement and we will honor that, subject to any confidentiality terms in your agreement.

9. Testimonials and results

Case studies, testimonials, and figures shown on this site are real examples from real clients. They describe what happened for those businesses. They are not a promise, projection, or guarantee of what your business will achieve. Marketing outcomes depend on your market, your offer, your pricing, your capacity, your follow-through, and factors outside anyone’s control. We do not guarantee any specific number of leads, booked jobs, revenue, ranking, or return on ad spend.

10. Advertising platforms and third parties

We build and manage campaigns on platforms we do not own or control, including Meta (Facebook and Instagram) and Google. You acknowledge and agree that:

• We do not control those platforms, their policies, their review processes, or their algorithms, and those things change frequently and without notice
• A platform may reject, limit, restrict, or suspend an ad, an ad account, a page, or a business manager for reasons outside our control. We are not responsible for that outcome, and it is not a breach of these Terms
• You are responsible for complying with each platform’s terms and advertising policies, and for the accuracy of any claim made in your ads
• We are not responsible for the performance, availability, or data practices of any third-party platform, tool, or service
• Ad accounts, pages, pixels, and business assets should be owned by you. Where we set them up on your behalf, we will transfer ownership to you on request

11. Confidentiality

Each of us may learn information about the other that is not public. We will keep your non-public business information confidential and use it only to deliver the services, except where disclosure is required by law or where the information is already public through no fault of ours. This obligation survives the end of our engagement.

12. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

13. Termination

Either party may end an ongoing engagement with 30 days’ written notice. You remain responsible for fees for work performed and costs committed up to the end of that notice period, and for any non-cancellable third-party costs we have already committed on your behalf. We may end an engagement immediately if you breach these Terms or your agreement, or fail to pay.

14. Disclaimer of warranties

This website is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will be uninterrupted, error-free, or free of harmful components.

15. Limitation of liability

To the fullest extent permitted by law, Errant Agency is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost leads, lost data, or business interruption, arising out of or relating to this website or our services — even if we were advised such damages were possible. Our total aggregate liability arising out of or relating to an engagement is limited to the total fees you paid us for the services giving rise to the claim in the three months preceding the event. Nothing in these Terms limits liability that cannot lawfully be limited.

16. Indemnification

You agree to indemnify and hold harmless Errant Agency and its owners, employees, and contractors from any claim, loss, liability, or expense (including reasonable legal fees) arising from content or materials you provided to us, from claims you make in your advertising, or from your breach of these Terms or of a third-party platform’s policies.

17. Governing law and venue

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules. Subject to section 18, you and Errant Agency agree that the state and federal courts located in Georgia have exclusive jurisdiction over any dispute arising out of or relating to these Terms or our services.

18. Resolving disputes

Before filing anything formal, you agree to contact us at davis@errantagencyads.com and give us 30 days to try to resolve the issue informally and in good faith. Most problems are misunderstandings, and we would rather fix them than argue about them. If we cannot resolve it, either party may pursue the remedies available under section 17.

19. General

• Entire agreement. These Terms, together with your signed agreement and our Privacy Policy, are the whole agreement between us on this subject.
• Changes. We may update these Terms from time to time. The version posted on this page, with its effective date, is the current one. Continued use of the site or services after a change means you accept it. Signed agreements are not changed by an update to these Terms.
• Severability. If any part of these Terms is found unenforceable, the rest stays in force.
• No waiver. If we do not enforce a provision on one occasion, we have not given up the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a sale or merger of our business.
• Independent contractor. We are an independent contractor. Nothing here creates a partnership, joint venture, or employment relationship.

20. Contact

Questions about these Terms? Email davis@errantagencyads.com. Our mailing base is Newnan, Georgia, United States.