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Terms of Service

Please read these terms and conditions carefully before using our website and services.

Last Updated: December 2024
Effective Date: December 1, 2024

1. Acceptance of Terms

By accessing and using the BrandScale Marketing Agency website ("Website"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service. These Terms of Service ("Terms") govern your use of our website located at [Website URL] (the "Service") operated by BrandScale Marketing Agency.

These Terms constitute the entire agreement between you and BrandScale Marketing Agency regarding the use of the Service. If any part of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2. Use License

Permission is granted to temporarily download one copy of the materials on BrandScale Marketing Agency's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  • use the materials for any commercial purpose or for any public display (commercial or non-commercial)
  • attempt to decompile or reverse engineer any software contained on the website
  • remove any copyright or other proprietary notations from the materials
  • transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by BrandScale Marketing Agency at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Service Description

BrandScale Marketing Agency provides digital marketing services including but not limited to:

  • Search engine optimization (SEO) services
  • Pay-per-click (PPC) advertising management
  • Social media marketing and management
  • Content marketing and copywriting
  • Email marketing campaigns
  • Website design and development
  • Analytics and performance reporting
  • Marketing strategy consultation

All services are subject to specific project agreements and client requirements. The scope, deliverables, and timelines for each service will be defined in individual project contracts.

4. User Accounts and Registration

To access certain features of our website or services, you may be required to create an account. When you register for an account, you must provide accurate, complete, and current information. You are responsible for:

  • Safeguarding your account password and login credentials
  • All activities that occur under your account
  • Promptly notifying us of any unauthorized use of your account
  • Ensuring that your personal information remains accurate and up-to-date

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

5. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. Our Privacy Policy explains:

  • What information we collect and how we collect it
  • How we use and share your information
  • Your rights regarding your personal data
  • How we protect your information
  • Contact information for privacy-related inquiries

Privacy Policy: Our Privacy Policy is available at privacy-policy.php

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of BrandScale Marketing Agency and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All content created for clients as part of our services will be subject to the intellectual property agreements outlined in individual project contracts. Generally, unless otherwise specified in writing:

  • Delivered marketing materials become client property upon full payment
  • Proprietary tools, methodologies, and frameworks remain our intellectual property
  • Third-party integrations and tools remain subject to their original licenses
  • Pre-existing materials and templates retain original ownership

7. Prohibited Uses

You may use our service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates applicable federal, state, local, or international law or regulation
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service
  • To interfere with the proper working of the Service

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

8. Payment Terms

Payment terms for our services are outlined in individual project agreements. Generally:

  • Project-based services require 50% deposit upon agreement, 50% upon completion
  • Monthly retainer services are billed monthly in advance
  • All invoices are due within 30 days of receipt unless otherwise specified
  • Late payments may incur interest charges of 1.5% per month
  • Client is responsible for any applicable taxes

We reserve the right to suspend services for non-payment. Refund policies vary based on service type and are detailed in project-specific agreements.

Note: Specific payment terms, including refunds and cancellations, will be outlined in your individual service agreement or proposal.

9. Disclaimers and Limitation of Liability

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • Excludes all representations and warranties relating to this website and its contents
  • Does not warrant that the functions contained in the website will be uninterrupted or error-free
  • Does not warrant that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs
  • Does not represent the full functionality, accuracy, and reliability of the materials

In no event shall BrandScale Marketing Agency or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website, even if BrandScale Marketing Agency or an authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Service Availability

While we strive to provide reliable service, we cannot guarantee uninterrupted access to our website or services. We may experience:

  • Scheduled maintenance periods
  • Unplanned technical issues
  • Third-party service disruptions
  • Force majeure events

We will make reasonable efforts to minimize downtime and notify users of scheduled maintenance when possible. These Terms do not guarantee continuous service availability.

11. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by BrandScale Marketing Agency. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Indemnification

You agree to defend, indemnify, and hold harmless BrandScale Marketing Agency and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to:

  • Use of the Service
  • Violation of these Terms
  • Violation of any third-party rights, including without limitation any copyright, property, or privacy right
  • Any claim that your use of the Service caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Service.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to:

  • Breach of the Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Violation of applicable laws or regulations
  • Conduct harmful to other users, us, or third parties

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account closure.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in London, England, and you hereby consent to personal jurisdiction and venue therein.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Contact Information

If you have any questions about these Terms of Service, please contact us using the following information:

Contact Details

Company:
BrandScale Marketing Agency
Address:
25 King's Road
London SW3 4RP
United Kingdom

Communication

Business Hours:
Monday - Friday: 9:00 AM - 6:00 PM GMT

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

18. Entire Agreement

These Terms constitute the entire agreement between you and BrandScale Marketing Agency regarding the use of the Service and supersede all prior and contemporaneous understandings regarding such subject matter.

No failure or delay by us in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

Additional Resources

For your convenience, we provide links to related documents: