Terms of Service

These Terms of Service (“Terms”) govern your access to and use of NetWebMedia’s services. NetWebMedia (“we”, “us”, “our”) is incorporated in Chile and operates netwebmedia.com. By engaging our services or using this website, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing this website, submitting an inquiry, signing a service agreement, or making a payment, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use our services. These Terms apply to all visitors, leads, and paying clients.

2. Services

NetWebMedia provides AI-assisted digital marketing services including:

• Fractional CMO retainers — Starter ($249/mo), Growth ($999/mo), and Scale ($2,499/mo) monthly plans providing strategic marketing leadership, campaign execution, and ongoing optimization.
• Answer Engine Optimization (AEO) — content and schema strategy designed to earn citations in AI-generated answers (ChatGPT, Perplexity, Google AI Overviews).
• AI Automations & AI Agents — workflow automations, chatbots, and AI-powered processes integrated into client operations.
• Website design and development — flat-HTML or CMS-based websites built for speed, conversion, and AEO readiness.

Specific deliverables, timelines, and scope are defined in each client’s service agreement or proposal. All work is AI-assisted and human-reviewed before delivery.

3. Payment Terms

• Retainer fees are billed monthly in advance via Mercado Pago. Payment is due on the first day of each billing cycle.
• A one-time setup fee applies to each plan. Setup fees are non-refundable and cover onboarding, account configuration, and initial strategy development.
• All retainer plans carry a minimum 90-day commitment. After the minimum term, the engagement continues month-to-month until either party terminates per Section 4.
• Late or failed payments may result in a pause of services until the account is current. NetWebMedia reserves the right to charge a 1.5% monthly fee on overdue balances.
• Prices are in USD. NetWebMedia is not responsible for currency conversion fees or banking charges applied by the client’s financial institution.

4. Cancellation Policy

Either party may terminate the engagement by providing 30 days’ written notice to hello@netwebmedia.com after the minimum 90-day commitment has been fulfilled. Cancellation requests submitted before the end of the minimum term will take effect at the close of the 90-day period. No refunds are issued for unused days within a paid billing cycle. Upon termination, NetWebMedia will deliver all completed work product and provide a reasonable transition period of up to 14 days.

5. Intellectual Property Ownership

Upon receipt of full payment for a given deliverable or billing cycle, the client owns all custom deliverables created specifically for them under that engagement — including copy, creative assets, website files, and campaign materials.

NetWebMedia retains all rights to its proprietary tools, templates, frameworks, AI prompt libraries, workflow systems, internal processes, and pre-existing intellectual property — including those used or adapted in delivering client services. Client ownership of deliverables does not extend to the underlying tools or methodologies used to produce them.

Any third-party assets (stock images, licensed fonts, software libraries) included in deliverables remain subject to their original license terms. NetWebMedia will disclose any such licenses upon request.

6. No Guarantee of Results

Marketing outcomes depend on a wide range of factors outside NetWebMedia’s control, including but not limited to: algorithm changes by search engines and AI platforms, competitive market conditions, client budget, client responsiveness, and the quality of client-provided assets or information.

NetWebMedia makes no guarantee of specific ROI, revenue growth, search rankings, lead volume, or any other performance metric. Any projections or estimates shared during the sales process are illustrative only and do not constitute a warranty or contractual commitment.

7. AI Disclosure

NetWebMedia uses AI tools — including Anthropic’s Claude API — to assist in content creation, strategy development, data analysis, and workflow automation. All AI-generated work is reviewed and approved by a NetWebMedia team member before delivery to the client.

• Client data is not used to train third-party AI models. Data shared by clients is used solely to deliver contracted services.
• AI-generated content may contain errors or inaccuracies. Clients are responsible for reviewing all deliverables before publishing or distributing them.
• Clients may request all-human-authored deliverables in writing. Additional fees may apply for fully manual production.

8. Limitation of Liability

To the maximum extent permitted by applicable law, NetWebMedia’s total liability to you for any claim arising out of or related to these Terms or our services — whether in contract, tort, negligence, or otherwise — shall not exceed the total fees paid by you to NetWebMedia in the three (3) calendar months immediately preceding the claim.

In no event shall NetWebMedia be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, loss of data, or loss of goodwill — even if advised of the possibility of such damages.

9. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Chile, without regard to its conflict of law provisions. NetWebMedia is incorporated in Chile and subject to Chilean commercial law.

Any dispute, controversy, or claim arising out of or relating to these Terms — including its breach, termination, or invalidity — shall be finally settled by binding arbitration administered by the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association, in accordance with its International Arbitration Rules. The arbitration shall be conducted in English. The arbitral award shall be final and binding upon both parties.

Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

10. Client Responsibilities

• Provide accurate, complete, and timely information, assets, and approvals required for service delivery.
• Ensure that any content, trademarks, images, or materials provided to NetWebMedia do not infringe third-party intellectual property rights.
• Review and approve all deliverables before publication. NetWebMedia is not liable for errors in published content that was client-approved.
• Maintain payment obligations on schedule. Service pauses due to non-payment do not extend the minimum commitment period.

11. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement — including business strategies, pricing, client data, and internal processes. This obligation survives termination of the agreement for two (2) years. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

12. Changes to These Terms

NetWebMedia may update these Terms from time to time. We will update the “Last updated” date above and — for material changes — notify active clients by email at least 14 days before the new Terms take effect. Continued use of our services after the effective date constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Email hello@netwebmedia.com or use the contact form.