Additional Terms and Conditions (For Clients with Monthly Payment Terms with Monthly Fixed Price Packages and those with Flat-Rate Monthly Agreement):
- By purchasing any of our services: promoted through our social media accounts and/or Internet advertisements; through a written quote on paper or delivered to the client by B S & Co. by digital means (our official web accounts, email, WhatsApp, SMS or others that have or will be in the future) the client agrees and certifies that he has read, understood, and fully accepted these terms and conditions.
- The following terms and conditions are subject to change and can be modified without prior notice, therefore we advise all customers to always visit our website and keep up to date with all types of changes. At the bottom of these terms and conditions you can find the date of any update.
- The customer will pay the full price of the service prior to starting it. In the social network management service, once the client issues the payment in full, then a representative of the B S & Co. agency will contact them to request that they provide access to their social network accounts.
- The client, in these terms, conditions and policies, agrees and certifies that have read, understood and accepted that any quotation and/or invoice accepted in writing, digitally or through any existing or future means, it will immediately become a formal and binding contract with B S & Co. In the case of an Invoice (when the client has never received a quotation before receiving an Invoice), when the client receives his first Invoice from B S & Co., he has 24 calendar hours for any objection. After 24 calendar hours (and/or once the client makes a payment to that invoice) if the client has not objected (within the period specified in this clause), it will mean that the client has accepted it in its entirety, with all our terms, conditions and policies. The client also understands, accepts, commits in full and certifies that guarantees personally and commercially (full personal and commercial guarantee) all debt, invoice, payment, balance and/or payment term with B S & Co. and legally and financially commits both his person as his company, and agrees to pay everything in full. In the case of a recurring Invoice (which is the same every month, billing cicle and/or is an equal amount), once the client has already made the payment of their first invoice, it will mean that the client has fully accepted the next Invoices of their next billing cycles for a consecutive year. The client also understands, accepts, commits in full and certifies that guarantees personally and commercially (full personal and commercial guarantee) all debt, invoice, payment, balance and/or payment term with B S & Co. and legally and financially commits both his person as his company, and agrees to pay everything in full. The client understands and accepts that all our social media management service packages are affordable because the payment plan is recurring for one year and the client guarantees that he has understood and accepts these terms, conditions and policies, thus committing himself to this clause to punctually make their payments every 28 days, for a consecutive year.
- In the event of any breach described in our terms of service, the B S & Co. agency may immediately cancel the services. The agency will not make a refund or credit for canceled services under any circumstances (In the event that there is a written contract between B S & Co and the client and/or when the quotation that the client accepted from B S & Co. indicates that the arrangement is with a commitment for a stipulated amount of time, the client will be obliged to pay the remainder of the time for which the agreement was originally signed in order to comply with the total payment of the duration period for which he committed himself in the contract and/or quotation). In the event that the quotation does not indicate a commitment for a specific amount of time, then clause 4 of this document will apply.
- The client must provide with the greatest clarity the data and requirements demanded by B S & Co. in order to provide the agency with the necessary tools for the adequate execution of the contracted services. If The Client did not contract the graphic design services of BS & Co., the client must present and provide BS & Co. with the designated graphic designer in advance and he must provide BS & Co. with all the material (photos, videos, arts) to be used in the promotion 5 working days before the publication date. If the Client contracted the graphic design services of BS & Co., the Client must provide the graphic designer appointed by the agency with all the material (photos or videos) that he wishes to promote with 5 working days before the date of publication.
- Clients who have requested services for the design, development and implementation of web pages or online stores must provide the data and requirements demanded by BS & Co. with the greatest clarity in order to provide the necessary tools for the adequate execution of the hired services. The work of design, development and implementation of a website and/or online store will take from thirty (30) to ninety (90) business days to be able to present the first draft of the work carried out to the client. In some cases it may take longer than mentioned if the agency believes it prudent or the client has not provided complete information. WE DO NOT REFUND MONEY OR MAKE CREDIT FOR SERVICES UNDER ANY CONCEPT.
- Customers who have paid for services of design and creation of Logos, Websites or online stores, have a period of 7 working days to provide all the information requested by the B S & Co. agency. If we do not receive all the information requested, the service may be canceled at the discretion of B S & Co. due to delay and lack of information material. Under no circumstances will the B S & Co. agency make refunds or credits for canceled services.
- Each payment that the client makes must be notified to our team, either through our email or WhatsApp, attaching its support (Screenshot / Transaction number, date, etc.). Once B S & Co. receives the payment, we will immediately send you an invoice with the detailed services. WE DO NOT REFUND MONEY OR MAKE CREDIT FOR SERVICES UNDER ANY CONCEPT.
- Failure to receive a notification from the client to create the content for their social networks within 5 working days from when it was requested may lead to the partial or definitive suspension of the publications and services established in the plan selected by the client until for contact to be restored. If we do not receive any communication within the following 5 days, the client will not obtain the service and this will not be the responsibility of B S & Co.
- In the event that the client decides for any reason to suspend the agreed services (for clients without a written contract and clients whose quote does not indicate other terms and conditions), the client must send us the notification by email ten working days before the billing for your next cycle. If B S & Co. receives the notification within the period notified in this clause, the plan is canceled and the customer is not billed for the next period, however WE DO NOT REFUND MONEY OR MAKE CREDIT FOR SERVICES UNDER ANY CONCEPT.
- In the event that the client reports the suspension of the service outside the period mentioned in the previous clause, the client must pay the balance of the service and all the expenses generated by our team up to that date, if they have any balance with us (for clients without a written/binding contract and clients whose quotation does not indicate other terms and conditions).
- In the social media management services, the publications on each social network will begin after seven (7) to fifteen (15) business days, once B S & Co. has received all the information required to provide the Social Media Management services, to that in this way the B S & Co. team has at least three weeks for the design and programming. The start may be subject to change if the agency does not have all the information on time or if B S & Co. deems it necessary. Please also review clauses 28 and 29 of this document, and other clauses that are applicable to this one. We do not refund money, nor do we provide service credits under any circumstances and the client guarantees that he have understood and fully agree.
- In the first month of work with new accounts for the social media management services, it is possible that monthly publications are made outside the stipulated dates, due to the fact that part of the days of the month are used by our team for the study of your case, the design of image and identity, graphic profile, etc.
- B S & Co. guarantees the execution of the established services chosen by the client, as long as the client follows these terms, conditions, policies, and maintains direct and continuous communication with B S & Co. If B S & Co. communicates with the client and the client does not answers our messages (whether via WhatsApp, email, text, other), the client will lose their service time and this will not be the responsibility of B S & Co. Also, if the client pays for any of our services but never communicates with B S & Co to give instructions and provide the tools so that B S & Co. can carry out its services, the client will lose their service time and this will not be the responsibility of B S & Co. (decision subject to B S & Co. discretion), however WE DO NOT REFUND MONEY OR MAKE CREDIT FOR SERVICES UNDER ANY CONCEPT.
- B S & Co. guarantees the security and privacy of the passwords and data sent by the client related to their brand and their accounts on social networks and will not be published or disclosed for any reason.
- B S & Co. guarantees a prompt and timely response to all our clients through different communication channels such as WhatsApp and/or email (within no more than 24 business hours, excluding Saturdays, Sundays, holidays, national/local emergency days, major inclement weather or sick days of the B S & Co. executive who is in charge of providing the client’s services). The client guarantees that he will always contact B S & Co. simultaneously through two communication channels (WhatsApp and Email). If the client does not contact B S & Co. through two different communication channels (WhatsApp and Email), he will not be able to claim B S & Co. for lack of communication or late communication
- In the event of non-execution on time, by B S & Co., in relation to any of the established services chosen by the client, the client must notify it immediately via email to [email protected] (within seven business days following the day of the specific date for which the client alleges that there was no timely execution of the service. The client must clearly specify which service he refers to) and B S & Co. undertakes to execute the service within seven working days following receipt of the notification. If the client does not send notification within the term established in this clause or if he sends the notification after the term established herein, it will be understood that the client had no objection with the manner and time in which the service was executed. However, if the delay is due to a lack of material and information on the part of the client, the service may be temporarily suspended. WE DO NOT REFUND MONEY OR MAKE CREDIT FOR SERVICES UNDER ANY CONCEPT.
- B S & Co. reserves the right to provide the service as it deems, even during an active account, if there is a lack of communication, information, payment balance or under any concept that the agency deems necessary if it may affect the course and results of our work.
- The costs established in each plan or service may vary according to the seasons or flash offers and B S & Co. will notify all customers and prospects in general through social networks of all changes in offers.
- If a quotation specifies that the package and/or agreement is with a commitment of a specified period and a subsequent period, the client, by accepting the quote and paying his first invoice, is accepting that he understood the commitment, that he accepted it totally and that he will comply with it, with the full payment of the sum of all billing cycles until the total period specified in their quote is completed, including any subsequent period. Sometimes the quotes specify a commitment of a period of time and a subsequent period, because the client has requested a substantial discount of our service fee and B S & Co. grants said discount subject to the client committing to pay for the service for a period of time specified in the quote and sometimes includes a subsequent period that the sum of both constitutes the total period of the payment agreement with which the client commits to B S & Co. If the client decides to cancel the service agreement before the agreed period, the client must pay the total balance of the next billing cycles that remain pending to comply with the total commitment of the time period and rate agreed in the quote that he accepted before the service was offered.
- It is totally prohibited to copy, share and/or supply information as well as strategic methods disclosed by B S & Co. to the client. All information provided will remain under strict confidentiality between agency B S & Co. and the client. Failure to comply with the aforementioned will entail the cancellation of any active service together with a fine from two thousand five hundred ($2,500.00) dollars to five million ($5,000,000.00) dollars for plagiarism and damages that could be caused to B S & Co.
- Digital graphic design services include only three revisions. After three revisions, the customer shall pay seventy-five ($75.00) dollars for each additional revision.
- Also, all types of graphic design services approved by the client will have a charge of seventy-five ($75.00) dollars for each new edition of the design that the client requests (if the client requests those revisions after they have given their approval).
- If the Client does not contract the Public Relations services of the B S & Co. agency, the agency will collaborate as much as possible with the client so that he can provide the material to the Public Relations Officer, to guarantee that the intellectual property he holds over the design is respected.
- B S & Co. will provide the information and documentation requested by the Client at all times, as long as the client has all the payments of his account with B S & Co. up to date and there is no breach of contract.
- B S & Co. will not change, alter, correct or adapt the trademark design that the client has delivered to the agency, nor will it use it for a purpose other than that agreed between the parties, without the consent of the Client.
- If the agreement of B S & Co. with the client includes an initial evaluation of the client’s marketing and social media strategy, B S & Co. will perform it prior to commencing any social media management services. This can take a working period from seven (7) business days up to twenty (20) business days. We do not refund money, nor do we provide service credits under any circumstances and the client guarantees that he have understood and fully agree.
- In the case of social media management services, the service will begin in the period of time indicated in clause 28 of this document. However, if the client has also hired B S & Co. to provide the logo design service (or any other service) to be used in the social media management campaign of their account and after twenty (20) business days the client has not yet decided on any version of the logo and/or the social media management service campaign is stopped because of the client, then the client will lose the contracted time, the service period will continue to run and the term of payment of the next social media management service invoice will arrive (which in general the billing cycle is every 28 days). The client guarantees here that he is obliged to pay each invoice of each cycle if for any reason the client takes time to decide which version of the logo to choose or if for any other reason the client continues to delay the start of the social media management service. We do not refund money, nor do we provide service credits under any circumstances and the client guarantees that he have understood and fully agree.
- Face-to-Face Meetings and Consultations: Our rates (mainly in the case of social media management services, website design and graphic design) have been modified in such a way that all our service packages are economical because they have been designed in such a way so that they are fully digital (virtual) and “non-face-to-face” services, and we serve customers only through email or WhatsApp text message. However, if the client wants us to provide services with face-to-face physical consultations; through telephone calls or virtual meetings remotely (phone calls, Skype, Facetime or other communication channel), then we will apply the following fees (which the client must pay before said meeting): Fee of our CEO / Director of Department / Marketing Department / Director of Strategy: $150.00 per hour (or fraction of an hour); Artist/Graphic Designer: $75.00 per hour (or fraction of an hour).
- For Clients with Month to Month arrangement with Monthly Fixed Price Packages and those with Flat-Rate Monthly Agreement (either through a written contract or through a formal and binding contract created by the acceptance of a quotation/invoice) – In case of holidays, days of national/local emergencies or major inclement weather, if our offices remain closed for these reasons that are not under our control, that time will not be replaced or prorated for the next month, because in the case of such contracts, the rate is not per hour, but fixed/flat-rate.
- For customers who receive monthly invoices, each invoice clearly includes a due date. Payment for each invoice must be made on or before the due date shown on the invoice. If the client makes his payment the day after the due date that appears on said invoice, he must pay a late fee of 5% of the grand total of his invoice without any exception. Excuses for holidays or weekends will not be accepted, since our invoices are digital, they are paid digitally and the payment system is available 24 hours a day, 7 days a week. In the event that a customer is late in paying their invoice for more than 1 billing cycle, the 5% late fee is cumulative, for each month, plus interest will be applied on the total balance due, including the charges.
- If the client has a debt, invoice, payment, balance and/or payment term due with B S & Co., the client assigns to B S & Co. all present and future rights and the client waives all rights, declaring hereby, certifying and agreeing that B S & Co. will have the full right to report said debt, invoice, payment, balance and/or payment term due to all existing and future credit bureaus (reporting the information to credit bureaus in their personal credit report, as well as on their business credit report), plus B S & Co. may also hire a collection agency, take the case to court to file a collection lawsuit, and request/execute all remedial acts that the laws allow B S & Co. The client, by reading our terms, conditions, policies, and accepting them (as indicated in this document), understands that accepts, fully commits and certifies that will indemnify B S & Co. in its entirety, that will pay all legal expenses and fees that a collection lawsuit entails (including all expenses, costs and attorney fees, of the lawyers and/or law firm that B S & Co. chooses at its sole discretion) and will pay all legal expenses, costs and overhead that also entails hiring a collection agency, in addition to the total payment of the balances owed, interest for late payments and late fees, without the enumeration made here constitute a limitation of additional rights for B S & Co.
- B S & Co. will not be responsible for any content that appears on your website, social media accounts or any other for which you as a client have contracted our services. You as a client must not post or mislead us in postings by providing us with material that could be construed as libelous, obscene or criminal, or that infringes, otherwise violates or promotes the infringement or other violation of the rights of third parties. You as a client agree to protect and defend us against all claims arising from your website, social media accounts and/or any other, including paying the full cost of attorneys and any service charges required by B S & Co. in the case of our defense, including but not limited to the payment of our income for commercial losses due to this cause and its derivatives.
- For notifications or any other matter, the client must send an email (according to the terms specified in each applicable clause in this document) to the email address of the B S & Co. executive who is in charge of his account with a copy to [email protected]
* In specific cases of payment delays for any reason, the client must notify BS & Co. to take the necessary measures in said case so that the service is not suspended.
Updated at: July 2, 2022 2:14 AM
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