We created our Terms and Conditions on September 28, 2020.
1. Digital marketing and online advertising
Be Visible Media offers a broad range of digital marketing services to promote local and international businesses while improving online visibility. By using our services, as a client, you agree with our Terms and Conditions clearly defined on this page. Do not hesitate to send us a message if we may be of any help or if you have questions about our services.
Be Visible Media provides social media marketing, website optimization, infrastructure maintenance and search engine marketing to local, national and international organizations. We submit information on your behalf to various search engine providers and social media platforms for whom you must also agree with their individual Terms and Conditions. These online platforms include, but not limited to the following:
- Online newspapers
- YouTube and other sites
Be Visible Media will not share your personal information with any organization other than its purpose of securing online advertising and marketing services on your behalf.
2. Advertising Material.
As our client, you authorize us to develop contents according to the details you have provided, including sales copies, videos, infographics, logo designs, trademarks and other business details. We hold the right to place information pertaining to your business on any of the search engine providers and social networking sites listed earlier. Furthermore, you assure that the information and materials you provide to Be Visible Media is not misleading the public and that you have the full authority to represent your product lines and service information with the agency.
Once you sign a contract with us, you authorize us to communicate with your customers for the purpose of verifying your service information and acquiring relevant reviews of your products or services for marketing promotion. Rest assured that all articles, web contents, blog posts and other materials will be sent to your office for approval before we publish them online. Since any content we create is critical for overall campaign performance, all monthly deliverables will be considered approved by your office one week after we submitted the contents for approval, unless we receive any prior notice of work revisions from you. Lastly, you authorize us to record calls and email inquiries as part of our customer care services on your behalf.
3. Client responsibilities
You are expected to provide technical information and assistance to Be Visible Media required to facilitate the full implementation of various marketing strategies in accordance with your estimated date of delivery. As our client, you agree to work with us by providing valuable information and customer reviews, so our digital marketing team can always create fresh contents or make necessary adjustments to current marketing efforts. You should also supply the necessary information, including login details and passwords to access social media, analytics, hosting, and other third-party accounts, to help our entire team execute your marketing strategies more efficiently.
For every milestones, whether by project phase or one-time delivery, Be Visible Media will issue an invoice to clients based on the agreed terms. Payment will be made automatically via credit card or direct bank transfer in advance on the first week of each month that the contract is already in effect. Failure to seek approval from client on any of the digital marketing services already rendered will not be considered a valid reason to delay payment beyond the due date. Interest for any late payment shall be applied in addition to the amount owed for any unpaid services, contract adjustments, and penalties incurred during project implementation.
5. Service rates
Service rates for advertising and digital marketing purchases will be charged to clients in accordance with the corresponding fees set forth by Be Visible Media. We may increase service rates, modify current list of products and services and alter any portion of the service terms in our full discretion from time to time. However, we will inform the client of any price increase, service modifications and alterations of terms in the form of writing, 30 days prior to the date of effectivity.
Client may cancel the remainder of the term of this agreement before any price adjustments, service modifications or changes of service terms become effective. But the client must notify us in writing not less than 10 days if the client decides to cancel the remainder of the term or before new rates, services and term changes become fully implemented. If the client fails to send us any written notice, he automatically agrees to be covered by the new rates, services and guidelines.
6. Federal taxes
Federal taxes, both local and national taxes, will be assumed or paid by the client, in the event that taxes are imposed over the publication and distribution of advertising materials produced by Be Visible Media.
7. Project cancellation
If client decides to cancel all outstanding services prior to the expiration of the contract, the client may cancel upon sending a formal 30-day written notice, provided that the client immediately settles all outstanding invoices, including the hourly rate for any hours rendered beyond those included in the Agreement. A cancellation fee will also be charged to the client which is equivalent to a one month service.
8. Termination of this agreement
Be Visible Media may reject any existing advertising project or terminate this written agreement for any of the following reasons:
- If the client fails to make payment within allowable payment duration after receiving a project invoice
- If a petition in bankruptcy or for reorganization under the bankruptcy laws is filed by the Client
- If the Client ceases doing business with Be Visible Media
- If the client has committed serious or illegal business practices which may cause damage to the reputation of the company
If this agreement is terminated or cancelled due to these reasons, client will remain liable for balances due on any products and services that were rendered, whether completed or not. Be Visible Media may still issue an invoice to client, which the client should pay.
8. Work errors
The client may not cancel or terminate this agreement if there are incorrect placement of online ads, minor typographical errors and unintentional omission of copies on advertising, web contents or social media posts produced by Be Visible Media. We agree to take corrective measures within 48 hours upon receipt of notification from the client on any portion of the advertising, social media and website contents which may have been rendered useless for the marketing campaign, unless such errors were made by the client or after the contents had been set with prior client approval. Be Visible Media will not be held liable to the client for any damage resulted from typographical errors, under deliveries, omission of marketing copies and incorrect placement of ad campaigns.
9. Marketing retainer
You are entitled to a maximum number of marketing hours if you have a monthly marketing retainer option with us. However, we may not be able to maximize your allotted hours because we are awaiting content approval or further instructions from you for the proposed marketing strategy. If you do not consume all marketing retainer hours in a month, unused hours may roll over to the following month. But if you still fail to use these compounded marketing hours, they will be automatically forfeited, except as otherwise specified in this Agreement.
10. SEO/digital marketing services
Client agrees to the following conditions with respect to SEO marketing services of Be Visible Media:
- Be Visible Media has no direct control over the guidelines and ranking algorithms of search engine providers with respect to the type of content or website they usually accept.
- Be Visible Media does not guarantee consistent top positions for any specific keyword or search term since we do not have any control over the competitive nature of such keywords or search terms as well as regular updates imposed by search engine providers on their search engine algorithms.
- Be Visible Media claims no liability for indexing, ranking and traffic related to penalties. Client should understand that search performance for new websites is far more difficult to rank than established websites, so they should not expect unrealistic results over a short period of time.
- Search engines will randomly drop listings for no apparent reasons, but may reappear on the search results with no extensive SEO efforts at all.
- Be Visible Media will not be held responsible for the efforts of the client to reproduce or republish their own contents. Client will be charged with an additional fee for repositioning or re-optimizing website contents in accordance with the terms of this agreement.
Client accepts the following scenarios with respect to Pay-Per-Click (PPC) and Social Media marketing services:
- Be Visible Media assumes no liability for the existing guidelines of social media platforms, PPC advertising networks, third-party ad networks and search engine providers with respect to the type of website or page contents we submit to other websites. Client should be aware that their contents may be excluded or rejected from third-party resource at any given time and they should agree not to hold Be Visible Media accountable for any action taken by these third-party service providers.
- Client agrees that Be Visible Media makes no specific warranty about the search engine providers and social media platforms to which we submit advertising contents on your behalf, including placement of paid advertising. Be Visible Media does not guarantee any specific placement or consistent ranking for any particular search term, keyword or ad campaign.
- Be Visible Media does not guarantee the number of calls, page clicks, website visits and page subscriptions clients may receive in response to any particular search query.
- Client accepts that any previous performance of the digital marketing agency is not an indicative of any result which may arise for the client in the future.
- Be Visible Media does not offer service refunds for any SEO/digital marketing services rendered to the client.
- Be Visible Media does not guarantee error-free performance, but may immediately take the necessary steps to revise the campaign materials within 24 hours once errors have been clearly identified.
- Client recognizes that advertising networks, search engine providers and social media platforms may block, prevent or otherwise stop accepting submissions for no definite period of time due to maintenance or system upgrade.
- Concept development for text ads, multimedia ads and banner ads in support of digital marketing campaigns should be carefully outlined and discussed with us before proceeding to actual implementation.
- Be Visible Media will make every effort to keep client involved or informed of any changes needed to be done that may cause impact on any of the marketing strategies executed under this agreement.
- Client recognizes that advertising networks or search engines may drop listings from the search results for no apparent reasons, but we may resubmit the information to the search engine according to the current guidelines of the third-party ad networks.
- Cost for digital advertising are paid directly to third-party advertising networks. Payment for any advertising material that Be Visible Media is running on behalf of the client should be paid in advance. If there are insufficient funds or unsettled accounts in any third-party account, Be Visible Media holds the right to pause advertising until all unpaid accounts are cleared.
11. Intellectual property rights
All advertising materials and social media campaigns that represent the creative work of Be Visible Media, including utilization of talents, material production and other marketing means remains as exclusive property of Be Visible Media. Clients accept that no duplication or republication of any furnished advertising content for use in any other advertising platform in whole or in part shall be permitted without completing payment for all marketing services rendered by the agency. All websites, brand logos and social media contents will only be considered to be owned by the client once contract obligations and payment dues, including those from third-party resources have been cleared.
12. Disclaimer of Warranties
Be Visible Media and its partners disclaim all warranties not clearly set forth in this agreement, whether express or implied as permitted by applicable law.
Client agrees to indemnify the owners and all employees against all allegations, actions, claims, demands, obligations, damages, liabilities, losses, settlements, expenses which may arise out from Be Visible Media’s use of raw materials furnished by Client, including trademarks, logos, photos, slogans, written content, video, infographics and music. Such claims can be invasion of privacy, defamation, patent, and copyright. Client agrees to indemnify the owners and all employees against allegations, claims, actions, obligations, demands, damages, liabilities, losses, settlements, and recurring expenses which may arise out of technological advancement, business ideas, concepts and website design that Client has asked Be Visible Media to further develop and then implement. Be Visible Media will not take full responsibility for determining whether your business ideas, concepts, or strategies may interfere with another party’s intellectual property right.
14. Excusable delays
Be Visible Media will not be held accountable for any damages related to failure to perform due to causes beyond control, such as digital infrastructure damage, work stoppage, government interference, policy changes, non-compliance of suppliers and digital partners, power outages and acts of God. Failure to perform because of these conditions will not constitute a breach of this Agreement. All current operations will be suspended during this type of work delay, but the Client may have the option to terminate this Agreement if suspension lasts more than 30 days.
Be Visible Media may delegate or subcontract any rights or obligations to third-party service providers under this Agreement.
16. Personal account
You agree to provide accurate information when you register with Be Visible Media and when using our digital platform, you also agree to update your account information as often as possible. As our client, you agree that Be Visible Media may store and use the information you submit for use in billing fees to your Account.
17. Person with authority
The person signing this Agreement certifies that he is lawfully authorized to purchase professional services on behalf of their respective company, whether owned by a single person or a corporation.
All terms and conditions of this Agreement are binding both parties on the date this agreement has been signed or when initial payment is made. This agreement will continue for a period of 12 months, but upon completion of the 12 month window period, all digital marketing services will continue on a monthly basis, unless the Client sends a 30 day cancellation written notice to us.