Terms of Service
These Terms of Service ("Terms") govern the use of our digital marketing services and outline the legal framework governing our business relationship. By engaging with Branditz Solution(s) ("Company", "we", "us", "our"), you ("Client") agree to these Terms.
1. Services Provided
Branditz Solution(s) provides B2B digital marketing services ("Services") including, but not limited to, developing and executing marketing campaigns on behalf of clients. These campaigns may include online advertising, content marketing, email marketing, social media marketing, and other related activities.
2. Third-Party Contracts
Branditz Solution(s) may enter into agreements with third-party service providers ("Third-Party Providers") to fulfill certain aspects of the Services. The Client acknowledges and agrees that Branditz Solution(s) will act as an intermediary, facilitating services between the Client and Third-Party Providers. Any contractual agreements with Third-Party Providers are subject to their terms and conditions.
Additionally, Branditz Solution(s) may enter into agreements to act as an affiliate for third-party products or brands. While Branditz Solution(s) may promote these products or brands on its website or through its services, the Client acknowledges that Branditz Solution(s) cannot guarantee the quality, accuracy, or reliability of the goods or services provided by these third parties. Branditz Solution(s) shall not be held liable for any issues arising from the use of or reliance on these third-party goods or services.
3. Links to Other Websites
Our Site may contain links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to or on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
4. Compensation and Payment Terms
Branditz Solution(s) may receive compensation in various forms, including but not limited to commissions, fees, or other payments, as a result of services provided to Clients or through affiliate agreements with third-party companies ("Compensation").
• Affiliate Compensation: Branditz Solution(s) may act as an affiliate for third-party products or services. As an affiliate, Branditz Solution(s) may receive compensation for promoting or facilitating sales of these third-party products or services. The Client acknowledges and agrees that Branditz Solutions' compensation may be derived from a percentage of sales or other financial arrangements with these third parties.
• Client Payment Obligations: The specific terms of payment, including the percentage of sales, fees, and payment schedules, will be outlined in the contract between Branditz Solution(s) and the Client. All payments due to Branditz Solution(s) must be made within [30] days of receipt of invoice or as otherwise agreed in writing.
• No Warranty of Results: The Client acknowledges that while Branditz Solution(s) will use its best efforts to deliver successful outcomes, the Company does not guarantee specific results or performance metrics, and Compensation is due regardless of the outcome of the marketing efforts.
• Refunds and Chargebacks: In the event of a refund, chargeback, or other payment reversal related to a sale, Branditz Solution(s) reserves the right to offset such amounts against future Compensation owed to the Company, or to invoice the Client directly for the amount of the reversal.
• Taxes: The Client is responsible for any taxes, duties, or levies associated with the Compensation paid to Branditz Solution(s) under this agreement. Branditz Solution(s) will not be held liable for any tax obligations related to payments made under these Terms.
5. Client Responsibilities
• Accurate Information: The Client agrees to provide accurate and complete information necessary for the successful execution of the Services.
• Compliance: The Client must ensure that all materials and information provided to Branditz Solution(s) comply with all applicable laws, regulations, and industry standards.
• Approval: The Client is responsible for requesting, reviewing, and approving all marketing materials before they are published.
6. Intellectual Property
• Ownership: The Client retains ownership of all intellectual property ("IP") provided to Branditz Solution(s). Branditz Solution(s) retains ownership of any IP created during the provision of Services, including but not limited to marketing strategies, content, and campaigns, unless otherwise agreed in writing.
• License: The Client grants Branditz Solution(s) a non-exclusive, royalty-free license to use, reproduce, and modify the Client's IP for the purpose of providing the Services.
7. Confidentiality
Both parties agree to maintain the confidentiality of any non-public, proprietary information ("Confidential Information") disclosed during the course of their relationship. This obligation shall survive the termination of the contract for a period of [10] years.
8. Limitation of Liability
• No Warranties: Branditz Solution(s) makes no warranties, express or implied, regarding the effectiveness or success of the Services provided.
• Indemnification: The Client agrees to indemnify, defend, and hold harmless Branditz Solution(s) and its affiliates from any claims, liabilities, damages, losses, or expenses arising from the Client’s breach of these Terms or any actions taken based on the Services provided.
• Liability: Branditz Solution(s) and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees, from your use of the Site.
9. Termination
• Termination by Either Party: Either party may terminate the contract at any time, with or without cause, upon 10 days' written notice to the other party.
• Effect of Termination: Upon termination, all outstanding payments for Services rendered up to the date of termination shall become immediately due and payable. The confidentiality and IP clauses shall survive termination.
10. Force Majeure
Branditz Solution(s) shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, or governmental actions.
11. Governing Law and Dispute Resolution
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Ontario/Canada], without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in [Ontario, Canada]. The prevailing party shall be entitled to recover its attorneys' fees and costs.
12. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
13. Amendments
Branditz Solution(s) reserves the right to amend these Terms at any time. Any amendments will either be communicated to the Client in writing or posted as a notice on our Site and will become effective upon acceptance by the Client.
14. Entire Agreement
These Terms constitute the entire agreement between Branditz Solution(s) and the Client regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Branditz Solutions
[Email Address] branditzsolutions@outlook.com