Terms of Service
**NOTE: Although there is NO CONTRACT you will be billed once every 30 days unless we're notified 10 days prior to your next billing cycle, via email. Otherwise normal billing and work will continue as usual**
RECOMMENDED LENGTH OF SERVICE
BrandAid Fx recommends that clients subscribe for a minimum of 6-8 months. Although immediate results due occur, it often takes time to see the full effectiveness of our collective work and efforts. This time also enables both parties to fine-tune campaign specifics and goals.
BrandAid Fx is no way responsible for any financial losses. By agreeing to the Terms of Service you agree that as an entrepreneur/business owner that it is up to you (client/customer) to ensure that your business finances are in order and are of sound mind to prepare for any possible losses that arrive naturally from running a company/business.
BrandAid Fx is not a business cure or fix. We are a digital marketing, direct response advertising agency, and business/"aid". We aid/assist by accentuating your own work and efforts online. BrandAid Fx it's partners, employees and associates make no guarantee of any results. Brandaid Fx does not promise, guarantee, or warrant your business success, income, or sales.
You agree and understand that there will be no refunds issued under any circumstance (Partial refunds may be considered on a case by case basis).
BrandAid Fx does not accept checks or money orders for payments. We will only accept a valid and current Credit Cards. You agree that the information entered for the selected subscription is 100% official valid and belongs to the client/person/business subscribing.
Specifics regarding the "who and how" BrandAid Fx target, create marketing campaigns and marketing practices are classified and deemed confidential "in house" business information. This information is and will be strictly used, discussed, and known by BrandAid Fx and its official partners. Your private information will not be shared or sold to any third parties or their affiliates. "Campaign Results and Analytics" can be provided at the end of each 30+ day cycle.
Cancellation of your subscription(s) can be conducted by emailing us at email@example.com. Please include "Please Cancel My Subscription" in the Subject line: Also be sure to include Subscribers Name, Business Name, and the last 4 digits of the credit card used to Initiate Subscription.
SLEEP MODE (CAMPAIGN PAUSE)
If you do NOT want to cancel your subscription, but would like to "put a hold/pause" on your campaigns and pages, you may do so for $50/m. This will ensure that your accounts stay open and you'll be able to "restart" at your convenience. You may do so by sending an email to BrandAid Fx at firstname.lastname@example.org. Please include "SLEEP MODE" on the subject line. In the body of the email please include your name, your company/brand name, and the last 4 digits of the credit card used for the subscription service.
CONTACT & BILLING ISSUES
All marketing content created by BrandAid Fx can be disconnected or discontinued if we are not contacted directly at email@example.com 10 days after any "failed billing issues" or if you have not placed your subscription in "Sleep Mode", but not before a contact attempt is made by BrandAid Fx.
You understand BrandAid Fx has full discretion not to advertise, create campaigns or commit to any branding services for any adult services, products, or content. We also reserve full discretion not to market for companies/brands who use, nudity, vulgar language, hate speech, gambling, lotteries, multi-level marketing, or messaging BrandAid Fx deems unethical.
You understand BrandAid Fx reserves the right to refuse service or terminate campaigns of any company, business, or brand. So as long as it is not based on race, color, religion, sexual orientation, or national origin. See Title II of the Civil Rights Act of 1964 for more details.
Your User contract with Brandaid FX begins when You click “Let's Get Started” and will continue month-to-month until either:
A. You provide Brandaid Fx ten (10) days’ e-mail notice, as provided herein, of the cancellation of your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments.
B. Your credit card charge is denied for any reason and You do not provide Brandaid Fx a new credit card within ten (10) days.
You understand BrandAid Fx monthly subscriptions are monthly recurring subscriptions for individual users/businesses, for which billing recurs every 30 days until canceled by the user via email.
BrandAid Fx Analytics Reports are intended to provide insight, in an intuitive format. All reports are based On BrandAidFx's marketing methodology to allow targeted audiences to view and respond. Campaign results are based on market trends for specific demographics over time and may not directly reflect the efforts of BrandAid Fx.
All prices are negotiated and based on the desired services, results, and budget of each individual business/client during or after consultation. The typical pricing structure is a monthly management fee of $500-$1500 plus your Advertising Budget. At the time of account creation or purchase, you will need to provide accurate information regarding your account, including a valid credit card, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with BrandAid Fx. Your purchases of any BrandAid Fx service will be billed in the currency of the country listed in your credit card billing address.
ONE TIME PAYMENTS
One-time payments for services which do not renew can be arranged via email by contacting BrandAid Fx at firstname.lastname@example.org
TERMINATION OR CHANGE TO SITE OR SERVICES
BrandAid Fx shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. BrandAid Fx may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that BrandAid Fx may terminate your use of this Site and Services, cancel your user registration, remove your Communications (as defined below), and/or exercise any other remedy available to it, if BrandAid Fx reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of BrandAid Fx or any third party, or for any reason, with or without notice to you. You agree that BrandAid Fx will not be held liable to you or any third party as a result thereof.
The Content, Site, and Services are also protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). BrandAid Fx or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
NO LICENSE TO USE BRANDAID FX MARKS
Any content on any Brandaid Fx website may constitute the intellectual property of Brandaid Fx. Except where expressly authorized, no material on any Brandaid Fx website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The use of Brandaid Fx marks are strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Brandaid Fx or any of Brandaid Fx's affiliates.
You agree to indemnify, defend, and hold harmless BrandAid Fx, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including, without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. BrandAid Fx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of BrandAid Fx.
BrandAid Fx will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean any act of God, an act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of BrandAid Fx. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. BrandAid Fx shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
You agree that monetary damages may not provide a sufficient remedy to BrandAid Fx for your violation of these Terms, and, accordingly, you acknowledge and agree that BrandAid Fx is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to BrandAid Fx under these Terms, at law, or in equity. BrandAid Fx may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. BrandAid Fx is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflicts of law provisions. Any claim, controversy, or dispute between the parties, their agents, employees, officers, directors, or affiliated agents will be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then-current rules of the American Arbitration Association ("AAA"). The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The arbitration will occur in Anne Arundel Co., Maryland. Nothing in this Section is intended to be construed to preclude any party from seeking injunctive relief to protect its Intellectual Property Rights. A request by a party to a court for such injunctive relief will not be deemed a waiver of the obligation to mediate. These Terms constitute the entire agreement between you and Brand Aid Fx with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No section of these Terms shall be held to be waived, modified, or deleted except by a written instrument signed by the parties hereto. No waiver by either you or BrandAid Fx of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to BrandAid Fx must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
MODIFICATION OF PRICING AND BILLING TERMS
We reserve the right at any time to institute new prices and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such (using email provided at the time of purchase), unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.
As the business owner/affiliate you give permission and authorization to BrandAid Fx to use your logo, trademark, and/or business name in photograph, word, or symbol that is used to identify a brand, service, or product. You give this permission to BrandAid Fx for the purposes of marketing (in all of its forms; ie: digital, print, media, video, etc.) and advertisments.