1. Introduction
1.1. Ferrante Media LLC (“We,” “Us,” “Our,” or “Company”) is engaged by the Client (“You” or “Your”) to provide services in accordance with these Terms and Conditions (“Agreement”). Ferrante Media LLC is a Limited Liability Company (LLC) registered in the United States of America under its governing law.
2. Definitions
2.1. “Agreement” means these Terms and Conditions, including any incorporated Proposal.
2.2. “Confidential Information” means all non-public information disclosed between the parties, including but not limited to business strategies, client data, and proprietary methods.
2.3. “Proposal” means the email or document issued by Ferrante Media LLC to the Client detailing the services, Fees, and specific terms.
2.4. “Service Date” means the date Ferrante Media LLC begins providing services, confirmed after receipt of the Deposit.
2.5. “Service” means the Service outlined in the Proposal.
3. Supply of Services
3.1 Ferrante Media LLC provides lead generation services and AI systems for cannabis dispensaries, growers, brands and processors, including the collection of potential customer information and setting appointments for the client.
4. Client Obligations
4.1. The Client shall provide all necessary cooperation, access, and accurate, complete, and lawful information required by Ferrante Media LLC to perform the Service effectively unless otherwise agreed.
4.2. The Client shall indemnify, defend, and hold Ferrante Media LLC harmless against any losses, damages, claims, or liabilities (including legal fees) arising from inaccurate, misleading, incomplete, or unlawful information or content provided by the Client, or from the Client’s breach of this Agreement.
4.3 The client must ensure their staff systematically follows up on the leads provided.
5. Fees, Payments, and Refunds
5.1 The client agrees to pay a retainer fee or pay per appointment fee as outlined in the service agreement provided. All advertising spend is the full responsibility of the client. Payments are non-refundable, except in certain situations where Ferrante Media LLC has not provided the fulfillment that was outlined in the agreement.
6. Termination
6.1. This Agreement commences on the Service Date and continues until completion of the Service or termination per this Section.
6.2. Ferrante Media LLC may terminate immediately, with written notice, for:
Non-payment persists for 30 days after notice.
Client’s material breach (e.g., failure to comply with 4.1) uncured within 30 days of notice.
6.3. The Client may terminate after the minimum engagement period (5.6) with 30 days’ written notice, provided all Fees are paid. Early termination incurs full Fees for the minimum period.
6.4 Ferrante Media LLC reserves the right to terminate services if a client violates these terms or engages in unethical business practices.
7. Liability and Indemnity
7.1. Ferrante Media LLC total liability under this Agreement is limited to the Fees paid by the Client in the preceding 90 days. Ferrante Media LLC shall not be liable for:
Actions, inactions, or changes by third-party platforms;
Indirect, consequential, incidental, special, or punitive damages (including loss of business, profits, or data) arising from the Service, even if advised of such possibility; or
Any failure to achieve specific outcomes beyond Ferrante Media LLC reasonable control.
7.2. The Client shall indemnify, defend, and hold Ferrante Media LLC, its affiliates, officers, and agents harmless against any claims, damages, losses, or liabilities (including legal fees) arising from the Client’s content, use of the Service, or breach of this Agreement.
7.3 Ferrante Media LLC is hereby not liable for any damages, lost revenue, or issues related to the leads generated from the work provided.
8. Governing law
8.1. This Agreement is governed by and construed under the laws of the United States of America. All disputes are subject to the exclusive jurisdiction of United States courts.
8.3. If any provision is invalid or unenforceable, the remaining provisions remain in full force; invalid terms will be reformed to the minimum extent necessary to be enforceable.
8.4 This Agreement, including the Proposal, constitutes the entire understanding between the parties, superseding all prior agreements, whether written or oral.
9. Website Terms of Service
9.1 Website Usage: The website located at ferrantemedia.com, (the “Site”) is owned and operated by Ferrante Media LLC. By accessing or using the Site in any manner, whether automated or otherwise, you agree to be bound by this Agreement, including these Website Terms of Service, our Privacy Policy, and any additional terms applicable to specific sections of the Site or to products and services available through the Site or from Ferrante Media LLC. Such access or use constitutes your acceptance of this Agreement.
9.2 Changes to Terms: We reserve the right to modify this Agreement, including these Website Terms of Service, or impose new conditions on the use of the Site, at our discretion. Any revisions will be posted on the Site, and your continued use of the Site thereafter constitutes acceptance of the Agreement as modified.
9.3 Intellectual Property Rights:
Our Limited License to You: The Site and all materials available thereon are the property of Ferrante Media LLC, its affiliates, or licensors, protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. Unless explicitly authorized herein or by the material’s owner, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute any Site material in any manner or medium (including email or other electronic means).
Your License to Us: By submitting material (e.g., comments, photos, videos) to us via the Site, social media, email, or otherwise, you represent that you own the material or have the owner’s express consent.
9.4 Disclaimers: Links to third-party sites on the Site do not imply endorsement by Ferrante Media LLC. We do not control or guarantee the accuracy, completeness, or reliability of third-party content, products, or services. The Site, its services, and third-party sites are provided “as is” without warranties, express or implied.
10. SMS/Text Messaging Terms
By opting in to receive SMS (text) messages from Ferrante Media LLC, you agree to the following terms:
Program Description:
Férrante Media LLC operates an SMS messaging program to communicate with customers and leads. Messages may include appointment reminders, customer follow-ups, lead notifications, and booking confirmations.
How to Enroll:
You may enroll in our SMS program by checking the SMS consent checkbox on the Discovery Call form at https://ferrantemedia.com/. By checking this box and submitting the form, you provide explicit written consent to receive recurring SMS messages from Ferrante Media LLC.
Message Frequency:
Message frequency varies. You may receive recurring automated text messages from Ferrante Media LLC depending on your interactions with us.
Message and Data Rates:
Message and data rates may apply. Please check with your wireless carrier for details. Ferrante Media LLC is not responsible for any charges incurred from your carrier.
How to Opt Out:
You may opt out of SMS messages at any time by replying STOP to any message you receive from us. You will receive a one-time confirmation of your opt-out. No further messages will be sent after opting out unless you choose to re-subscribe by replying START.
Help:
For assistance, reply HELP to any SMS message, or contact us at https://ferrantemedia.com.
Carrier Disclaimer:
Carriers are not liable for delayed or undelivered messages. Ferrante Media LLC is not liable for delays or failures in message delivery.
Privacy:
Your mobile number and SMS opt-in data will not be shared with or sold to third parties for marketing purposes. For full details on how we handle your personal information, please review our Privacy Policy at https://ferrantemedia.com/privacy-policy/.
