Terms and Condition

These Terms and Conditions (“Terms”) govern the relationship between BDMADS, a marketing services provider, and its clients (“Client”). By engaging with BDMADS or using our services, you agree to these Terms.

1. General

Definitions:

  • Client: Any person or entity engaging BMDADS for marketing services, including but not limited to branding, website design, SEO, paid media, and marketing technology solutions.
  • Proposal: The service offer provided to the Client, including a detailed scope of work, timelines, and associated fees.
  • Contract: The agreement between BDMADS and the Client, formed upon the Client’s acceptance of the Proposal and payment of any required fees.
  • Fee: The amount payable by the Client for services rendered, as detailed in the Proposal or subsequent agreements.
  • Delivery Period: The estimated timeframe for completing services, beginning from the Contract date.

These Terms represent the entire agreement between BDMADS and the Client. Any changes must be mutually agreed upon in writing.

2. Contract

  • A Contract is formed when the Client accepts a Proposal and pays the required fees.
  • Month-to-month Contracts renew automatically unless terminated by either party with 30 days’ written notice.
  • BDMADS may terminate the Contract immediately if the Client breaches these Terms.
  • Any requested amendments to the Contract may result in additional fees or extended delivery timelines.

3. Client Obligations

  • The Client must provide accurate, complete information and promptly respond to requests for approvals or additional materials.
  • Delays caused by the Client’s failure to fulfill obligations may extend the Delivery Period.
  • The Client is responsible for obtaining necessary permissions, licenses, or rights for any content supplied to BDMADS.
  • The Client agrees not to hire or engage BDMADS employees or contractors during the Contract period or within 12 months of its conclusion.

4. Services

  • The scope of services will be as outlined in the Proposal. Changes to the scope may result in additional fees.
  • While BDMADS strives for accuracy, slight variations in design or deliverables may occur.
  • Subcontractors may be used to deliver services.
  • Materials provided by the Client that do not meet quality standards may be rejected.

5. Payment Terms

  • Fees are due as specified in the Proposal. Initial fees must be paid before services commence.
  • Late payments may result in delays, suspension of services, or additional charges, including interest at 8% above the Bank of England base rate after 30 days.
  • The Client is responsible for any applicable taxes or duties.
  • Ownership of any deliverables remains with BDMADS until full payment is received.

6. Delivery

  • Delivery timelines are estimates and not guaranteed.
  • Delays caused by unforeseen circumstances or incomplete Client inputs are not the responsibility of BDMADS.
  • If the Client requires a fixed delivery date, it must be agreed upon in writing before the Contract is formed.

7. Liability

  • BDMADS is not liable for indirect, consequential, or special damages, including loss of profits, business interruptions, or reputational harm.
  • Liability for any claim is limited to the fees paid by the Client for the specific services in question.
  • BDMADS accepts no responsibility for delays or failures caused by factors beyond its control, such as natural disasters, pandemics, or government actions.

8. Intellectual Property

  • All intellectual property rights in materials or services created by BDMADS remain its property until full payment is received.
  • Upon full payment, the Client is granted a non-exclusive license to use the deliverables for the purposes outlined in the Contract.
  • Unauthorized use of the deliverables beyond the agreed scope may result in legal action and damages.

9. Confidentiality

  • Both parties agree to keep all confidential information shared during the Contract private and secure for at least two years after the Contract ends.
  • BDMADS may reference the Client as a customer in marketing materials unless expressly requested otherwise.

10. Data Protection

  • BDMADS complies with data protection laws, including GDPR, to safeguard Client data.
  • The Client is responsible for ensuring compliance with applicable data protection laws when sharing information with BDMADS.

11. Entire Agreement

These Terms, together with the Proposal, constitute the entire agreement between BDMADS and the Client, superseding all prior agreements, understandings, and communications.

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