Last updated: January 2025
Company: Orivian Media ("Orivian," "we," "us")
Client: The purchasing party ("Client," "you")
Support Email: orivianmedia@gmail.com
Effective Date: The date of Client's first successful payment
Governing Law: Oregon, USA
Venue: State or federal courts located in Clackamas County, Oregon
Client agrees these Terms become a binding contract immediately upon the first successful payment (deposit, setup fee, retainer, or any invoice payment), whether paid by card, ACH, wire, Apple Pay, or any other method.
If available, Client's assent also includes: proposal acceptance, checkbox/clickwrap acceptance, email confirmation, or written instruction to commence work.
Client represents the payer has authority to bind the business/entity (or themselves personally).
Services are defined by the written proposal / statement of work ("SOW"), invoice description, or engagement summary Orivian provides in writing.
Anything not explicitly included is excluded, including but not limited to: custom app development, cybersecurity audits, legal compliance review, platform appeals, PR, brand identity systems, video production, and copywriting at scale.
Marketing outcomes depend on factors outside Orivian's control (offer, budget, competition, seasonality, platform policies, site conversion, sales follow-up). Orivian does not guarantee rankings, ROAS, leads, revenue, or business outcomes unless you sign a specific written performance addendum.
Client pays an initial deposit to reserve capacity and begin onboarding/work.
Client pays a recurring monthly retainer for ongoing management and iteration. The retainer covers allocated production and management time, not a guaranteed outcome.
If payment is late, Orivian may pause work, pause ad management, and/or delay deliverables until paid.
Client agrees not to initiate a chargeback without first following the dispute process in Section 17. Unauthorized chargebacks are material breach and may trigger immediate suspension of services, termination, and collections.
Client receives up to five (5) revision rounds per primary deliverable (e.g., landing page design, homepage design, ad creative set, funnel layout) unless the SOW states otherwise.
A revision round means one consolidated set of feedback delivered at once. Drip feedback counts as separate rounds.
Requests that change the deliverable type, expand page count, alter platform/stack, add integrations, or reset direction constitute a Change Order (Section 5).
Client must provide feedback/approval within 5 business days or deliverables may be treated as accepted for scheduling purposes.
A Change Order is required for any work not explicitly included in the SOW, including: additional pages, additional ad channels, new funnels, new brands/products, major copy rewrite, new tracking architecture, CRM rebuilds, or rush deadlines.
Orivian may quote additional fees, extend timeline, or decline the change.
Refund requests must be submitted within fourteen (14) calendar days of the first cleared payment.
A refund request must include all of the following:
Orivian has the right to remedy the documented issue during the 14-day window. If Orivian cures the issue consistent with the SOW, refund is denied.
If approved, refund equals: Amount paid minus (a) nonrefundable pass-through costs and (b) the value of work performed. Pass-through costs include: ad spend, domains, hosting, software subscriptions, third-party tools, stock assets, fonts, email/SMS fees.
Refunds are not granted for:
Must be emailed to orivianmedia@gmail.com with subject: "Refund Request – [Client Name]" and include the required evidence.
After the 14-day refund window, all payments are non-refundable. No exceptions.
Orivian will continue working within scope and retainer terms, but refunds remain unavailable after day 14.
Orivian may operate campaigns using Orivian-managed advertising accounts and grant the Client appropriate business-level access where supported by the platform.
Client retains ownership of their brand assets, domain, website, pixel IDs, product catalogs, and business pages/accounts, unless otherwise agreed in writing.
Ad platforms may restrict accounts, reject ads, disable tracking, or change features. Orivian is not liable for third-party platform actions.
Orivian does not guarantee ongoing availability of any ad account, business manager, or platform feature.
If Client terminates, Orivian will provide a reasonable transition package only if all invoices are paid, including exportable campaign structure summaries and creative files owned by Client. If the platform does not permit full transfer/duplication of certain items (learning data, account history), Client acknowledges those limitations.
Client may not use Orivian systems to run prohibited industries, deceptive claims, restricted products, or policy-violating offers. If Client's business causes enforcement actions, Orivian may suspend work immediately without refund.
Client is responsible for all ad spend and third-party costs unless explicitly included.
Orivian is not a cybersecurity firm and does not provide penetration testing, vulnerability scanning, incident response, or security guarantees.
Orivian is not responsible for hacks, bypasses, malware, credential stuffing, phishing, DDoS, plugin vulnerabilities, hosting breaches, account takeovers, or data exfiltration, except where directly caused by Orivian's proven intentional misconduct.
If Client wants security services, they must purchase them separately or engage a qualified security provider.
Client must provide:
Failure to comply may delay work and void refund eligibility.
Client owns their pre-existing branding, logos, images, and content they supply.
Upon full payment, Client receives ownership of final deliverables created specifically for Client, except: Orivian's pre-existing templates, internal frameworks, reusable code libraries, and tooling remain Orivian property. Client receives a perpetual license to use those components as embedded in deliverables.
If Client fails to pay, Client may not publish or use deliverables beyond evaluation.
Services are provided "as is." Orivian disclaims implied warranties to the maximum extent permitted by law.
No liability for lost profits, lost revenue, loss of goodwill, business interruption.
Orivian's total liability is capped at the fees paid by Client to Orivian in the sixty (60) days preceding the event giving rise to the claim.
This section does not limit liability where prohibited by law.
Client will defend and indemnify Orivian against claims arising from:
Each party agrees to protect confidential information with reasonable care. Orivian may use anonymized learnings and non-identifying work examples unless Client opts out in writing.
Client may terminate upon written notice, but remains responsible for fees accrued, nonrefundable pass-through costs, and any minimum commitment stated in the SOW.
Orivian may terminate for nonpayment, policy-violating conduct, harassment/abuse, or material breach.
Termination does not create refund rights beyond Section 6.
Client must provide written notice of any dispute and allow Orivian 15 business days to cure.
Parties agree to attempt written resolution before filing any claim.
Oregon.
State or federal courts located in Clackamas County, Oregon.
Notices must be delivered by email to: orivianmedia@gmail.com
These Terms + the SOW represent the entire agreement. If any clause is unenforceable, the rest remains in force. Failure to enforce a right once does not waive it later.
By submitting payment, Client acknowledges they have read, understood, and agreed to these Terms and the applicable SOW.