Legal Terms & Conditions

Clever Fox Advertising Inc.

This page outlines the terms and conditions governing all creative, production, consulting, and advertising services provided by Clever Fox Advertising Inc. (“Clever Fox,” “we,” “us,” or “our”). By engaging Clever Fox for services, submitting payment, or accepting delivery of any materials, the client (“Client,” “you”) agrees to the terms below.

1. Scope of Services

Clever Fox Advertising Inc. provides professional services including, but not limited to:

  • Video and commercial production

  • Editing and post-production

  • Scriptwriting and creative development

  • Advertising strategy and consulting

  • Media planning and ad placement (digital, broadcast, connected TV, and related platforms)

  • Campaign setup, management, and optimization

Specific services, deliverables, usage rights, budgets, and timelines must be defined in writing via invoice, proposal, email confirmation, or signed agreement.

2. Ownership of Work & Intellectual Property

2.1 Ownership

All footage, creative concepts, scripts, edits, graphics, project files, and derivative works remain the exclusive property of Clever Fox Advertising Inc., unless otherwise stated in writing.

2.2 Licensing of Deliverables

Final deliverables are licensed, not sold.

  • Licenses apply only to the specific usage defined in writing

  • No license is implied beyond the agreed scope

  • Expanded or additional usage requires written approval and may incur additional fees

Raw footage, project files, layered graphics, editable timelines, source files, and working assets are not included unless explicitly licensed in writing.

3. Raw Footage & Project Files

Unless otherwise stated in writing:

  • Raw footage is not delivered

  • Project files (Premiere Pro, After Effects, audio sessions, graphics, etc.) are not delivered

  • Clever Fox has no obligation to release editable files

Requests for raw footage or project files are subject to approval, licensing fees, and delivery limitations.

4. Archiving & Retention

Clever Fox Advertising Inc. does not guarantee archival or long-term storage of:

  • Raw footage

  • Project files

  • Final deliverables

  • Client-supplied assets

While materials may be retained temporarily for convenience or future work, Clever Fox assumes no responsibility for long-term retention, data loss, or recovery. Clients are responsible for maintaining backups of all delivered materials.

5. Revisions & Client Approvals

  • Revisions are limited to those outlined in writing

  • Additional revisions, scope changes, or creative direction changes may incur additional fees

  • Client approvals are final once provided

Delays caused by late feedback, missing assets, or client inaction are not the responsibility of Clever Fox and may impact timelines.

6. Advertising & Media Buying Services

6.1 Role of Clever Fox

When providing advertising or media buying services, Clever Fox acts as an independent advertising consultant and buying agent on behalf of the Client.

Clever Fox may:

  • Plan campaigns

  • Set up ad accounts

  • Place media buys

  • Optimize campaigns

  • Provide reporting and recommendations

6.2 Ad Spend & Platform Control

  • Advertising platforms (Google, YouTube, Meta, programmatic platforms, broadcasters, etc.) are third-party services

  • Clever Fox does not control platform policies, pricing, delivery, approval, or availability

  • Ad spend is non-refundable once placed with a platform or broadcaster

Clever Fox is not responsible for platform outages, disapprovals, algorithm changes, policy enforcement, or inventory availability.

6.3 No Performance Guarantees

Clever Fox makes no guarantees regarding:

  • Impressions, views, clicks, or conversions

  • Audience reach or frequency

  • Sales performance or ROI

  • Lead quality or cost per result

All advertising and marketing services are provided on a best-effort basis. Results vary based on market conditions, creative, competition, budget, and platform behavior.

6.4 Client Funds & Billing

  • Media budgets, management fees, and commissions must be clearly defined in writing

  • Clever Fox may collect funds in advance to place media on the Client’s behalf

  • Unspent funds, if any, are subject to reconciliation per written agreement

Clever Fox is not liable for delays or interruptions caused by insufficient funds, declined payments, or billing issues.

7. Payment Terms

  • Payment terms are defined on the invoice or agreement

  • Late or non-payment may result in paused services or withheld deliverables

  • All fees are non-refundable once work or campaign setup has begun

8. “As Is” & No Warranty Disclaimer

All services, deliverables, consulting, and advertising efforts are provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to:

  • Fitness for a particular purpose

  • Merchantability

  • Accuracy or completeness

  • Advertising or business performance

9. Client Responsibilities

Clients are responsible for:

  • Providing lawful, accurate content and information

  • Securing rights, permissions, and releases for all supplied assets

  • Ensuring compliance with laws, regulations, and platform rules

Clever Fox is not responsible for claims arising from client-provided materials or unauthorized usage.

10. Limitation of Liability

To the fullest extent permitted by law:

  • Clever Fox Advertising Inc. shall not be liable for indirect, incidental, consequential, or special damages

  • Total liability shall not exceed the amount paid by the Client for the specific service giving rise to the claim

11. Indemnification

Client agrees to indemnify and hold harmless Clever Fox Advertising Inc. from any claims, damages, losses, or legal expenses arising from:

  • Client-provided content

  • Unauthorized usage

  • Advertising claims or regulatory violations

  • Breach of these terms

12. Termination of Services

Clever Fox may suspend or terminate services due to:

  • Non-payment

  • Breach of terms

  • Abusive, unethical, or unprofessional conduct

  • Legal or compliance concerns

Termination does not waive payment obligations for work already performed.

13. Governing Law

These terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

14. Updates to These Terms

Clever Fox Advertising Inc. reserves the right to update these terms at any time. Continued use of services constitutes acceptance of the most current version.

15. Contact Information

Questions regarding these terms may be directed to:

Clever Fox Advertising Inc.
📧 info@cleverfoxadvertising.com
🌐 https://cleverfoxadvertising.com