Terms and Conditions
Welcome to B, S & Co.!
These terms and conditions outline the rules and regulations for the use of B, S & Co.’s Websites, and subdomain websites located at https://bsand-co.com, digitalmarketing.bsand-co.com and interactivetechnologies.bsand-co.com which are service departments of our agency B, S & Co.
By accessing this website we assume you accept these terms and conditions. Do not continue to use B, S & Co. if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Miami, Florida State and Commonwealth of Puerto Rico. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, B, S & Co. and/or its licensors own the intellectual property rights for all material on B, S & Co.. All intellectual property rights are reserved. You may access this from B, S & Co. for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from B, S & Co.
- Sell, rent or sub-license material from B, S & Co.
- Reproduce, duplicate or copy material from B, S & Co.
- Redistribute content from B, S & Co.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. B, S & Co. does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of B, S & Co.,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, B, S & Co. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
B, S & Co. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant B, S & Co. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of B, S & Co.; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to B, S & Co.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of B, S & Co.’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Conversations and communications through email, text messages or mobile applications such as WhatsApp
If you are our customer and/or prospect and you receive any type of conversation from us by email, mobile applications or other device, you understand, accept and certify that any type of conversation by email, text message or through conversation applications such as WhatsApp, is totally confidential. between client and/or prospect with B S & Co. and may not be copied, republished, sold, rented, sublicensed, reproduced, duplicated or redistributed by any means known or to be known, nor may it be disclosed by client/prospect to a third party, neither to any legal entity nor to any natural person.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Protection Policy against abusive practices towards employees
Protection Clause Against Imprudent Contact to our Clients and Tortious Interventions
When you receive an estimate from us, a proposal, have a contract with us and/or use our services, you as a client and/or prospect accept that you have read this clause, all our terms, conditions, policies, and therefore declare that you are fully satisfied, and you guarantee that you will never:
Call, contact or bother our clients by any means, for any reason or circumstance. If you as a client or prospect want any type of reference, you must request it in writing and deliver said document directly to an officer of our firm. It will be at B S & Co.’s discretion, in good faith, to honor your request or not. Some of our clients demand discretion, confidentiality, among other clauses in their contracts with our firm and do not like to be bothered or harassed by strangers using a business relationship with our firm as an excuse. If you violate this clause of our terms and conditions and due to your imprudence one of our clients breaks a contract with us or sues us for damages, losses or for any other cause, our firm will take legal action against you, requesting in court of competition all the remedies that are allowed by law, without what is stated here constituting a limitation.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Payments for services
For the benefit of our Clients, our Company offers (with the option to withdraw the benefit at any time) various payment plans. The payment plans offered are as follows:
1- Payment in full before starting to provide the service.
2- 50% payment plan before starting to provide the service and payment of the other 50% upon delivery of the completed service (it being understood at all times that the Client will have to pay the Company the total amount of the Contract according to this Clause).
3- Flat-rate monthly payment plan (it being understood at all times that the Client will have to pay the Company in advance the total amount of the Contract according to this Clause).
4- Monthly billed payment plan for hours worked (it being understood at all times that the Client will have to pay the Company the total amount of the Contract according to this Clause).
Once the client accepts our terms and conditions and issues a payment to our COMPANY through any payment method offered by us on our website, the client guarantees that he has understood that no payment will be refundable, for any cause, reason , or circumstance. This clause of our terms and conditions will not have to be written in any service contract with the Client, because when the Client uses our web service, our Apps, our url, he is automatically guaranteeing that he has accepted this clause and that he has understood that It is an agreement that will apply to all types of transactions between the Client and the Company. If the Client does not agree with this Clause, he must not use our web service, our Apps and our url before making any type of transaction with the Company. If the Client uses our web service, our Apps, our Url and makes a transaction with the Company, this clause will apply immediately and the Client agrees that he will comply with this Clause in its entirety.
In the case of a transaction between the Client and the Company, the Client will be obliged to pay all the services provided by the Company to the Client and for the expenses incurred by the Company for the provision of services to the Client, the schedules, and out of pocket expenses.
By using our website, our Apps and our Url, the Client accepts and guarantees that he understand that even if a transaction ends in “default”, any payment made by the Client to the Company will not be refunded under any circumstance, reason or cause.
By using the services of our website, our Apps and our url, the Client is accepting and guaranteeing that he understands that although a contract between the Client and the Company specifies in some clause that said Agreement replaces all previous agreements and understandings between the parties for the performance of the Services, and that said contract constitutes the complete agreement and understanding between the parties, this Clause of our Terms and Conditions will prevail perpetually.
If the Client were to owe part or all of an amount of money to the Company, the Client in this clause understands, accepts and guarantees that the Company will have every right to retain in its custody all and any type of work and service. made for the Client, until the Client pays in full the amount owed to the Company, including lates fees and interests. If the Client never pays the amount owed to the Company, the Company will have every right to retain forever the work and services performed for the Client, in addition to all the actions that by law correspond to the Company. In this article of this clause, if the Client fails to pay any amount owed to the Company, the Client understands, accepts and guarantees that he renounces all his rights and thus transfers all his rights to the Company as set forth in this Clause.
Email, WhatsApp and SMS text Subscriptions Policy
B S & Co. is compliant with Canadian Anti-Spam Legislation (CASL).
When you provide us with your email, mobile phone and/or WhatsApp number, you are agreeing to receive Commercial Electronic Messages (CEMs) outlining current promotional activity.
You can opt out of receiving this material at any time by using the “Unsubscribe” feature provided in all B S & Co. electronic communications.
B S & Co. will keep your personal email, mobile phone and WhatsApp number information confidential and will not sell or distribute it to any third party or affiliate.
If any provision of this Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
This Terms and Conditions became effective on February 1, 2021.