Welcome to Rising Momentum (“the Agency,” “we,” “us,” or “our”). These Terms and Conditions (“Agreement”) govern the professional relationship between Rising Momentum and any individual, business, or entity (“Client,” “you,” or “your”) that engages our services.
By signing a Service Agreement, making a payment, or communicating approval via email or any written medium, you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions in their entirety. We strongly encourage all Clients to read this document carefully before engagement begins, as it is designed to ensure a transparent and productive partnership.
Welcome to Rising Momentum (“the Agency,” “we,” “us,” or “our”). These Terms and Conditions (“Agreement”) govern the professional relationship between Rising Momentum and any individual, business, or entity (“Client,” “you,” or “your”) that engages our services in Paid Advertising, Website Creation, and Server-Side Tracking.
By signing a Service Agreement, making a payment, or communicating approval via email or any written medium, you confirm that you have read, understood, and agree to be legally bound by this Agreement in its entirety. This document is structured to ensure complete clarity for both parties and to set realistic expectations from day one.
Rising Momentum specialises exclusively in three core service areas: paid advertising across digital platforms, website creation and development, and server-side tracking implementation. The specific scope of work for each client will be defined in the individual proposal or service agreement provided during onboarding. Any work that falls outside these three service categories is not covered under this agreement and would require a separate written proposal and additional fees. The Agency reserves the right to determine the most appropriate tools, platforms, methodologies, and technical approaches used to deliver these services. While we always aim to align our methods with the client’s goals, the internal execution decisions remain at the sole discretion of Rising Momentum, as our team is best positioned to determine what will produce the most effective results.
For clients engaging our paid advertising services, Rising Momentum will manage campaigns across the platforms specified in the service agreement, which may include but is not limited to Google Ads, Meta Ads, TikTok Ads, or similar networks. The client acknowledges that all advertising budgets paid to third-party platforms are separate from and in addition to the Agency’s management fees. Rising Momentum does not guarantee specific results, returns on ad spend, lead volumes, or revenue outcomes from paid advertising campaigns, as performance is subject to market conditions, platform algorithm changes, audience behaviour, and the quality of the client’s own product or service offering. The Agency will make all reasonable professional efforts to optimise campaigns, however the client agrees that underperformance relative to expectations does not constitute a breach of contract on the part of Rising Momentum. Any changes the client wishes to make to campaign direction, messaging, targeting, or budget must be communicated in writing and are subject to implementation timelines determined by the Agency. Rising Momentum reserves the right to pause or adjust campaigns at its professional discretion if it determines that current settings may harm campaign performance or violate platform policies.
Rising Momentum will design and develop websites in accordance with the brief agreed upon during the onboarding or project scoping process. The client is responsible for providing all necessary content, including text, images, brand assets, and any other materials required for the project, within a reasonable timeframe as communicated by the Agency. Delays caused by the client’s failure to provide required materials will result in corresponding delays to the project timeline, and Rising Momentum shall bear no responsibility for such delays. The Agency will present the client with design concepts and development progress at agreed milestone stages. The client is entitled to a reasonable number of revision requests as defined in the project agreement, and any revisions requested beyond that scope will be subject to additional charges billed at the Agency’s standard hourly rate. Upon full and final payment, ownership of the completed website design and front-end assets will transfer to the client. However, any proprietary frameworks, backend systems, plugins, or third-party tools used in the development remain the intellectual property of their respective owners, and Rising Momentum retains ownership of any internal development processes, templates, or methodologies used. Rising Momentum does not guarantee uninterrupted website performance post-handover, as ongoing performance is dependent on hosting providers, third-party integrations, and client-side management.
Rising Momentum offers server-side tracking setup and implementation to help clients gain more accurate and reliable data from their digital activity. The client acknowledges that server-side tracking involves integration with third-party platforms, hosting environments, and data pipelines, and that the effectiveness of the implementation is partly dependent on factors outside the Agency’s control, including the client’s existing technical infrastructure, platform policy changes, and browser or operating system updates. Rising Momentum will implement tracking solutions based on the specifications agreed upon during onboarding and will not be held liable for data discrepancies, data loss, or tracking inaccuracies that arise after implementation due to changes made by the client, third-party platforms, or external technical environments. Any modifications to the tracking setup requested after the initial implementation has been completed and signed off will be treated as new work and billed accordingly. The client is solely responsible for ensuring that their use of tracking technologies complies with all applicable privacy laws and regulations in their jurisdiction, including but not limited to GDPR, CCPA, or any other relevant data protection legislation. Rising Momentum provides the technical implementation only and does not provide legal advice regarding data compliance.
All fees for Rising Momentum’s services will be outlined in the service agreement or proposal provided to the client prior to engagement. Payment terms are as specified in that agreement, and the client agrees to adhere to those terms without exception. The Agency requires payment of any agreed upfront deposit before work commences, and failure to provide this payment will result in no obligation on the part of Rising Momentum to begin or continue work. Monthly retainer fees, where applicable, are due at the start of each billing cycle, and late payments may result in the pausing of all active services until the outstanding balance is cleared. Rising Momentum operates a strict no-refund policy on all services rendered. In the event that a project is cancelled by the client after work has commenced, the client remains liable for payment of all work completed up to the point of cancellation, calculated at the Agency’s standard rates. If Rising Momentum determines it is unable to continue a project for reasons within its own control, the Agency will provide a fair and proportionate refund for any prepaid work not yet delivered. Any disputes regarding invoices must be raised in writing within seven days of the invoice date, after which the invoice will be deemed accepted.
Rising Momentum understands that projects evolve and clients may wish to make adjustments throughout the engagement. However, in order to protect the quality of our work and the integrity of project timelines, all revision and change requests must be submitted in writing through the agreed communication channel. Verbal requests will not be actioned until confirmed in writing. The number of revisions included in any given service is defined in the project agreement, and the Agency reserves the right to charge for additional revisions at its standard rate. Change requests that materially alter the original scope of a project will be treated as new work and will require a revised proposal and additional fees. Rising Momentum cannot be held responsible for delays resulting from late or frequently changing client instructions.
The client agrees to provide Rising Momentum with timely access to all platforms, accounts, assets, and information necessary for the delivery of the agreed services. This includes but is not limited to ad account access, website backend credentials, brand guidelines, and any relevant business information. The client warrants that all materials, content, and information provided to the Agency are accurate, lawful, and do not infringe upon the intellectual property rights of any third party. Rising Momentum will not be held liable for any consequences arising from inaccurate, misleading, or unlawful content provided by the client. The client also agrees to maintain a professional and respectful communication standard with all members of the Rising Momentum team throughout the engagement.
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of the engagement. Rising Momentum will not disclose client business information to third parties without prior written consent, except where required by law or where disclosure is necessary to engage authorised third-party tools and platforms in the delivery of the agreed services. The client equally agrees not to share, replicate, or distribute any proprietary strategies, frameworks, or processes developed or communicated by Rising Momentum during the engagement.
All creative work, ad copy, website designs, and tracking configurations produced by Rising Momentum during an engagement are the intellectual property of the Agency until full payment has been received. Upon receipt of full payment, the agreed deliverables transfer to the client. Rising Momentum retains the right to display completed work in its portfolio and marketing materials unless the client formally requests otherwise in writing at the time of project completion.
Rising Momentum’s total liability to the client under any circumstances shall not exceed the total fees paid by the client to the Agency in the three months preceding the event giving rise to the claim. The Agency shall not be liable for any indirect, consequential, or incidental losses, including but not limited to loss of revenue, loss of business opportunity, or reputational damage, regardless of whether such losses were foreseeable. This limitation applies to all service areas including paid advertising performance, website functionality post-handover, and tracking accuracy post-implementation.
Either party may terminate the service agreement by providing written notice in accordance with the notice period specified in the individual agreement, which is typically thirty days unless otherwise stated. Upon termination, the client remains liable for all fees incurred up to and including the end of the notice period. Rising Momentum reserves the right to terminate the agreement immediately and without notice if the client engages in abusive behaviour toward Agency staff, fails to meet payment obligations, or breaches any material term of this agreement. In such cases, no refund will be issued for any prepaid fees.
Amendments to These Terms
Rising Momentum reserves the right to update or amend these Terms and Conditions at any time. Clients will be notified of significant changes via email or through their primary communication channel. Continued engagement with the Agency following notification of changes constitutes acceptance of the updated Terms. It is the client’s responsibility to review the Terms periodically to remain informed of any updates.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Rising Momentum is registered and operates. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.