This Terms and Conditions Agreement (the "Agreement") is entered into between BloomStarts LLC (referred to as "BloomStarts") and its clients (referred to as "Clients") for the provision of tailored marketing management and strategic solutions. By engaging BloomStarts for any of the specific services mentioned below, Clients agree to be bound by the terms and conditions outlined in this Agreement.
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Services Offered:
1.1 Marketing Management: BloomStarts will provide comprehensive marketing management services to Clients, including but not limited to market research, campaign planning, and execution.
1.2 Social Media Marketing Management (all popular platforms): BloomStarts will manage Clients' social media presence across various popular platforms, creating and executing effective social media marketing strategies to enhance brand visibility and engagement.
1.3 Marketing Strategy Consultation: BloomStarts will offer strategic consulting services to Clients, analyzing their business objectives and formulating tailored marketing strategies to achieve their goals.
1.4 Developing Marketing Materials: BloomStarts will create marketing materials, such as brochures, flyers, and advertisements, in alignment with Clients' branding guidelines and marketing objectives.
1.5 Content Writing: BloomStarts will provide high-quality written content for various marketing purposes, including website content, blog posts, press releases, and promotional materials.
1.6 Social Media Creative Content: BloomStarts will develop engaging and creative content for Clients' social media platforms, ensuring consistent messaging and brand voice.
1.7 Video Editing: BloomStarts will offer professional video editing services, refining and enhancing Clients' video content for marketing and promotional purposes.
1.8 Product Demonstration Strategy: BloomStarts will assist Clients in devising effective product demonstration strategies, showcasing their products or services in a compelling manner to target audiences.
1.9 Event Coordination: BloomStarts will provide event coordination services, managing logistics, promotion, and execution of marketing events to maximize their impact.
1.10 Web Design and Content: BloomStarts will design and develop visually appealing and user-friendly websites, along with creating compelling website content to convey Clients' brand message.
1.11 Tradeshow Representative: BloomStarts will represent Clients at trade shows, exhibiting their products or services, engaging with potential customers, and generating leads.
1.12 Partnership for Collaboration: BloomStarts may engage in partnership opportunities with Clients for collaborative marketing efforts, subject to separate mutually agreed terms.
2. Client Responsibilities:
2.1 Clients agree to provide accurate and up-to-date information necessary for the successful execution of the agreed-upon services.
2.2 Clients are responsible for promptly reviewing and providing feedback on all deliverables within agreed timelines.
2.3 Clients shall adhere to any applicable laws, regulations, and guidelines related to the marketing activities conducted on their behalf.
3. Payment and Billing:
3.1 Clients shall pay BloomStarts the agreed-upon fees for the services rendered. Payment terms, including frequency and method of payment, will be outlined in separate agreements or invoices.
3.2 BloomStarts reserves the right to suspend or terminate services in the event of non-payment or breach of payment terms.
4. Confidentiality:
4.1 Both parties agree to treat any confidential information shared during the course of this Agreement as strictly confidential. Such information shall not be disclosed to any third parties without prior written consent, except as required by law.
5. Intellectual Property:
5.1 Any intellectual property rights arising from the services provided by BloomStarts shall remain the property of BloomStarts unless otherwise agreed upon in writing.
5.2 Clients retain ownership of their pre-existing intellectual property and grant BloomStarts a limited license to use such intellectual property solely for the purpose of providing the agreed-upon services.
6. Termination:
6.1 Either party may terminate this Agreement with written notice in the event of a material breach by the other party. Termination shall not relieve either party of any outstanding payment obligations.
7. Limitation of Liability:
7.1 BloomStarts shall not be liable for any indirect, consequential, or incidental damages arising out of the provision of services, except in cases of willful misconduct or gross negligence.
8. Governing Law and Jurisdiction:
8.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where BloomStarts is located.
8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.
9. Liabilities for Third-Party Platforms:
9.1 As a Social Media Manager, BloomStarts may utilize various third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, TikTok, and LinkedIn on behalf of Clients.
9.2 Clients acknowledge and understand that these third-party platforms operate independently, and BloomStarts has no control over their technical functionalities, policies, or any issues that may arise.
9.3 While BloomStarts will make every effort to ensure smooth integration and management of Clients' social media accounts, it is the responsibility of Clients to regularly monitor their accounts for any changes, disconnections, or password modifications.
9.4 Clients must promptly inform BloomStarts of any modifications or updates made to their social media accounts that may impact the provision of services.
9.5 BloomStarts shall not be held liable for any missed posts, disruptions, or errors resulting from changes made by the third-party platforms or any other circumstances beyond BloomStarts' control.
9.6 Clients understand that the occurrence of issues such as temporary suspensions, platform updates, or technical glitches that may affect the delivery or performance of the services provided by BloomStarts does not warrant a refund or reimbursement.
9.7 It is strongly advised that Clients maintain direct access to and control over their social media accounts and exercise proper account security measures, including regular password updates and two-factor authentication.
By engaging BloomStarts as their Social Media Manager, Clients acknowledge and accept that BloomStarts is not liable for any issues arising from third-party platform operations or any resulting impacts on the services provided.
10. BloomStarts LLC's Obligations, Policies, and Procedures:
10.1 BloomStarts LLC is committed to providing quality services to its clients while adhering to its standard policies and procedures.
10.2 BloomStarts LLC reserves the right to reject potential clients or discontinue services for any reason at its sole discretion. Such decisions may be based on factors such as compatibility, availability, workload, or any other relevant considerations.
10.3 Clients acknowledge that BloomStarts LLC's rules, policies, and procedures may be subject to change without prior notice. This includes but is not limited to pricing, package inclusions, service offerings, and terms of engagement.
10.4 In the event of changes to BloomStarts LLC's rules, policies, and procedures, existing clients may be affected. However, BloomStarts LLC may, at its sole discretion, offer the option for clients to be grandfathered into an archived product or service package if it is still available and feasible for BloomStarts LLC to provide.
10.5 The decision to grant clients the option to be grandfathered into an archived product or service package is solely at the discretion of BloomStarts LLC and is subject to feasibility and resource availability.
10.6 If clients are not eligible for grandfathering into an archived product or service package, BloomStarts LLC will be responsible for providing the services agreed upon and outlined in the current terms of engagement.
By engaging BloomStarts LLC for their services, clients acknowledge and accept that BloomStarts LLC reserves the right to reject clients, modify its rules, policies, and procedures, and may offer the option for grandfathering into archived products or services at its sole discretion. Clients further understand that BloomStarts LLC will fulfill its obligations in providing the services agreed upon, as outlined in the current terms of engagement.
11. Cancellation Policy:
11.1 BloomStarts LLC understands that circumstances may arise where clients need to cancel or modify their requested services. The cancellation policy is designed to provide clarity regarding the cancellation process and any associated fees.
11.2 Upon presenting a proposal outlining the tailored services required, the pricing details will be provided at the end of the proposal. The cancellation policy will vary depending on the specific services requested.
11.3 For Marketing Management services, clients must provide a cancellation notice at least 30 days prior to the next scheduled payment. Failure to provide sufficient notice may result in the client being responsible for the full payment of the upcoming period.
11.4 Regarding digital designs, documents, contents, videos, and physical prints, clients must provide a cancellation notice before the development process begins. If the cancellation request is received after the development process has started, the client may be liable for full or partial payments based on the work completed.
11.5 Services related to events and tradeshows require a cancellation notice at least 30 days prior to the scheduled event date. Failure to provide the required notice may result in the client being responsible for any non-recoverable costs incurred by BloomStarts LLC for the event or tradeshow arrangements.
11.6 BloomStarts LLC understands that each cancellation scenario may have unique circumstances, and exceptions may be considered on a case-by-case basis at the sole discretion of BloomStarts LLC.
11.7 Clients are encouraged to communicate any cancellation requests promptly to BloomStarts LLC, in writing, via the designated communication channels provided by BloomStarts LLC.
11.8 It is important to note that any deposits or upfront payments made by the client, as specified in the proposal, may be non-refundable in the event of cancellation.
11.9 BloomStarts LLC will make reasonable efforts to accommodate cancellation requests and work towards a satisfactory resolution for both parties.
By engaging BloomStarts LLC and accepting the proposal for tailored services, clients acknowledge and agree to comply with the cancellation policy as outlined above. Clients are responsible for providing timely cancellation notices and understand that specific cancellation fees may apply based on the nature of the requested services.
By engaging BloomStarts for the specific terms and agreements mentioned above, Clients acknowledge and agree to be bound by the terms and conditions outlined in this Agreement.
