Terms of Use

1. Who We Are

2. Acceptance of Terms

By accessing or using pomm.ph, submitting an inquiry, or entering into a service agreement with POMM, you confirm that you are at least 18 years old (or have parental/guardian consent), have read and understood these Terms, and agree to be legally bound by them.

These Terms apply to all visitors, clients, artists, and others who access or use our website or services, whether from the Philippines or internationally.

3. Our Services

POMM offers the following professional creative services:

• Music Production: beat production, mixing, mastering, stem mastering, sync licensing
• Video & Photo Production: music videos, cinematic content, brand photography
• Digital Marketing: social media management, streaming promotion, advertising, SEO, content strategy
• Web Design & Development: website creation, UI/UX, maintenance
• Record Label & Talent Management: artist development, distribution, promotion

The specific scope, deliverables, timeline, and price of each engagement are defined in a separate written service agreement or project proposal. In case of conflict, the signed service agreement prevails over these Terms.

4. Use of the Website

You agree to use pomm.ph only for lawful purposes. You must not:

• Copy, reproduce, or redistribute website content without prior written permission
• Use automated tools (bots, scrapers) to access or extract content from the site
• Attempt to gain unauthorised access to any part of the site or its underlying systems
• Transmit malware, spam, or any harmful or disruptive content
• Impersonate POMM or any of its personnel
• Use the site in any way that violates applicable Philippine law or international regulations

We reserve the right to restrict or terminate access at any time for violation of these Terms.

5. Intellectual Property

POMM's IP

All content on pomm.ph — including text, graphics, logos, audio samples, video clips, and code — is owned by or licensed to POMM Production Services and is protected by Philippine copyright law (Republic Act No. 8293, Intellectual Property Code of the Philippines) and applicable international copyright treaties. No content may be used, reproduced, or distributed without express written consent.

Deliverables & Work Product

Ownership of final deliverables (e.g., mixed/mastered tracks, produced beats, video content) transfers to the client only upon full payment of all applicable fees, as specified in the service agreement. Until full payment is received, POMM retains all rights to the work product.

POMM retains the right to use anonymised or publicly released deliverables as portfolio samples and in promotional materials, unless the client has specifically requested confidentiality in writing.

Pre-existing IP

Each party retains ownership of intellectual property it owned prior to the project. Clients warrant that materials they submit to POMM (samples, lyrics, recordings, images) do not infringe any third-party rights, and indemnify POMM against any claims arising from such submissions.

6. Client-Submitted Content

By submitting audio, video, images, or other files to POMM for production purposes, you:

• Confirm you own or have the necessary rights to submit the content
• Grant POMM a limited licence to use the content solely for delivering the contracted services
• Acknowledge that POMM may retain working copies for a reasonable period after project completion for technical backup purposes
• Accept responsibility for maintaining your own backups of all submitted materials

POMM will not distribute, licence, or use your submitted content for any purpose beyond service delivery without your written consent.

7. Service Agreements & Payments

Pricing

Prices displayed on this website are in Philippine Peso (₱) and are indicative. Final pricing is confirmed in writing via a project proposal or service agreement. POMM reserves the right to update published pricing at any time.

Payment Terms

Full payment (100%) is required in advance before any work commences, unless otherwise agreed in writing via a signed service agreement.

Payment Methods

• PayPal — international payments and credit cards accepted via PayPal
• Wise — bank transfer via Wise (formerly TransferWise)
• Bank Transfer — direct local or international wire transfer
• GCash / Maya / QR Ph — available on request for domestic transactions

Taxes

Prices are exclusive of applicable Philippine taxes (VAT or percentage tax) and any withholding taxes, unless explicitly stated. International clients are responsible for any taxes or duties applicable in their own jurisdiction.

8. Cancellations & Refunds

Cancellation and refund policies are detailed in each service agreement. General principles:

• Payments are non-refundable once production work has commenced, as they cover time and resources already allocated
• If POMM is unable to deliver the agreed service, a full or partial refund (proportional to work not yet completed) will be issued
• Revision rounds are as specified in the service agreement; additional revisions may incur extra fees
• Cancellation by the client after work has commenced, with no fault on POMM's part, will result in forfeiture of payment for work completed

Refund disputes will be handled first through good-faith negotiation. Unresolved disputes are subject to the governing law provisions in Section 14.

9. Disclaimer of Warranties

This website and its content are provided on an "as is" and "as available" basis. POMM makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. While we take care to ensure accuracy, we do not guarantee that all information on the site is current or complete.

10. Limitation of Liability

To the fullest extent permitted by applicable law, POMM Production Services, its officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business opportunity — arising out of or in connection with your use of this website or our services.

POMM's total liability for any claim arising under these Terms or a service agreement shall not exceed the total fees paid by the client for the specific project giving rise to the claim.

Nothing in these Terms limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded under Philippine law.

11. Indemnification

You agree to indemnify and hold harmless POMM Production Services and its personnel from any claims, damages, losses, costs (including legal fees), or liabilities arising from: your use of the website in violation of these Terms; your submitted content infringing third-party rights; or your breach of any applicable law.

12. Third-Party Links & Services

Our website may contain links to third-party websites (e.g., Spotify, social media platforms). These are provided for convenience only. POMM does not endorse, control, or accept responsibility for the content or practices of any third-party site. Your use of linked sites is governed by their own terms and privacy policies.

Embedded third-party content (such as Spotify playlists) is subject to the respective platform's terms of service.

13. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law principles.

Any dispute arising from these Terms or our services shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be submitted to mediation. Failing mediation, disputes shall be submitted to the exclusive jurisdiction of the courts of Iloilo City, Philippines.

For EU consumers: nothing in these Terms affects your rights under applicable EU consumer protection legislation, including the right to bring proceedings in the courts of your country of residence.

15. Changes to These Terms

We may revise these Terms at any time. Material changes will be posted on this page with an updated effective date. Continued use of the website or engagement of services after the effective date constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

16. Contact

Questions about these Terms? Reach us at: