Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the services provided by BrightVision Media ("we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and Refund Policy.

If you do not agree to these terms, you must not use our services.

2. Services Provided

BrightVision Media offers a range of digital marketing services, including but not limited to:

• Digital Advertising: Campaign strategy, ad creation, management, and optimization across platforms such as Google Ads, Facebook, Instagram, LinkedIn, and others
• Analytics & Performance Tracking: Data analysis, reporting, conversion tracking, and performance optimization
• Content Creation & Social Media: Content strategy, copywriting, graphic design, video production, and social media management
• Consulting & Strategy: Marketing audits, competitive analysis, and strategic planning

Services are provided on a subscription basis, project basis, or custom contract as agreed upon at the time of purchase.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into a binding contract
• Provide accurate and complete information during registration
• Comply with all applicable laws and regulations

By using our services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

Account Creation

To access certain services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Payment Terms

Pricing and Billing

• All prices are listed in USD unless otherwise specified
• Monthly subscriptions are billed in advance on a recurring basis
• One-time projects require a deposit (typically 50%) before work begins
• Payment is due within the timeframe specified on your invoice (usually within 7 days)

Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, Mastercard, American Express)
• PayPal
• Bank transfer (for contracts over $5,000)

Late Payments

If payment is not received by the due date:

• A late fee of 5% may be applied to the outstanding balance
• Services may be suspended until payment is received
• We reserve the right to terminate the agreement after 30 days of non-payment

Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.). You are responsible for paying all taxes associated with your purchase.

6. Service Delivery and Timelines

Delivery Timelines

We will make reasonable efforts to deliver services within the agreed-upon timeframe. However, timelines are estimates and may be subject to change due to:

• Client delays in providing necessary materials or feedback
• Scope changes or additional requests
• Technical issues or third-party platform limitations
• Force majeure events (see Section 15)

Client Responsibilities

To ensure timely delivery, you agree to:

• Provide all necessary materials, access, and information promptly
• Respond to requests for feedback within 5 business days
• Grant access to relevant accounts, platforms, and tools
• Ensure all provided content is accurate and legally compliant

7. Intellectual Property Rights

Ownership of Deliverables

Upon full payment, you will own the final deliverables created specifically for you, including:

• Custom graphics and designs
• Written content and copy
• Campaign strategies and reports

Our Intellectual Property

We retain ownership of:

• Our proprietary tools, templates, and methodologies
• Pre-existing materials and resources
• Our brand, logo, and trademarks

Third-Party Content

You are responsible for ensuring that any content you provide (images, text, videos, etc.) does not infringe on third-party intellectual property rights. You agree to indemnify us against any claims arising from your use of such content.

Portfolio and Case Studies

Unless otherwise agreed in writing, we reserve the right to:

• Display your project in our portfolio
• Use your company name and logo as a client reference
• Create anonymized case studies based on our work together

If you prefer to remain confidential, please notify us in writing.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement, including:

• Business strategies and plans
• Financial information
• Customer data
• Trade secrets and proprietary processes

This obligation continues for 2 years after the termination of services.

9. Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary skills and expertise to deliver the services
• Our work will not infringe on third-party intellectual property rights

Disclaimer of Warranties

Except as expressly stated above, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of specific results or outcomes
• Uninterrupted or error-free service

10. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from our services shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, revenue, or data
• We are not responsible for losses caused by third-party platforms, tools, or services

11. Indemnification

You agree to indemnify, defend, and hold harmless BrightVision Media, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms of Service
• Your violation of any law or regulation
• Your infringement of third-party rights
• Content or materials you provide to us

12. Termination

Termination by Client

You may terminate services at any time by providing written notice. Termination terms are subject to our Refund Policy.

Termination by Us

We reserve the right to terminate services immediately if:

• You breach these Terms of Service
• Payment is more than 30 days overdue
• You engage in abusive, threatening, or illegal behavior
• You request services that violate our ethical standards or applicable laws

Effect of Termination

Upon termination:

• You must pay all outstanding fees for services rendered
• We will provide any completed work up to the termination date
• Access to our tools, platforms, and resources will be revoked
• Confidentiality obligations remain in effect

13. Prohibited Uses

You agree not to use our services for any unlawful or prohibited purpose, including but not limited to:

• Promoting illegal products, services, or activities
• Distributing malware, viruses, or harmful code
• Engaging in fraudulent or deceptive practices
• Violating intellectual property rights
• Harassing, threatening, or defaming others
• Spamming or sending unsolicited communications
• Manipulating or gaming platform algorithms in violation of their terms

We reserve the right to refuse service to anyone for any reason at any time.

14. Third-Party Services and Links

Our services may integrate with or link to third-party platforms (e.g., Google, Facebook, Instagram). We are not responsible for:

• The availability, performance, or policies of third-party services
• Changes to third-party platforms that affect our services
• Data breaches or security issues on third-party platforms

Your use of third-party services is subject to their respective terms and conditions.

15. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• Pandemics or public health emergencies
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Third-party platform outages

16. Dispute Resolution

Informal Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter informally by contacting us at help@bright-vision-media.com.

Arbitration

If informal resolution fails, any dispute arising from these Terms of Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

17. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the State of Kentucky, United States, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in Richmond, Kentucky.

18. Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. We will notify you of material changes via email or through a prominent notice on our website.

Your continued use of our services after changes are posted constitutes acceptance of the updated terms.

19. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BrightVision Media regarding the use of our services and supersede all prior agreements and understandings.

21. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: