Terms of Service

1. Agreement to Terms

By accessing or using the services provided by BWD Marketing LLC ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Description of Services

BWD Marketing LLC provides digital marketing and lead generation services, including but not limited to:

• Lead generation campaigns
• Search engine optimization (SEO)
• Social media marketing
• Email marketing
• Conversion optimization
• Analytics and reporting
• Content marketing

3. Client Obligations

As a client, you agree to:

• Provide accurate and complete information necessary for service delivery
• Grant necessary access to platforms, accounts, and assets required for campaign execution
• Respond to requests for information or approvals in a timely manner
• Comply with all applicable laws and regulations
• Ensure that all materials provided do not infringe on third-party rights

4. Payment Terms

4.1 Fees and Billing

Clients agree to pay all fees as outlined in their service agreement or proposal. Payment terms are typically:

• Monthly retainer fees due on the first of each month
• Project-based fees due according to the payment schedule in the proposal
• Additional ad spend or third-party costs billed separately

4.2 Late Payments

Late payments may result in suspension of services and may incur late fees of 1.5% per month or the maximum allowed by law.

4.3 Refunds

Services rendered are non-refundable. If you are unsatisfied with our services, please refer to our performance guarantee outlined in your service agreement.

5. Service Agreement Duration

Service agreements typically run on a monthly basis unless otherwise specified. Either party may terminate the agreement with 30 days written notice. Early termination may result in early termination fees as outlined in your service agreement.

6. Performance Guarantee

Our 90-day performance guarantee applies to qualifying service packages as outlined in your individual service agreement. The guarantee terms, conditions, and eligibility requirements are specified in your signed agreement.

7. Intellectual Property

7.1 Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us.

7.2 Work Product

Upon full payment, you receive ownership of custom creative materials developed specifically for your campaigns, including:

• Custom graphics and designs
• Written content and copy
• Campaign materials

7.3 Company Property

BWD Marketing retains ownership of:

• Proprietary methodologies and processes
• Templates and frameworks
• Analytics and reporting tools
• Strategic frameworks and documentation

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our business relationship. This includes business strategies, financial information, customer data, and trade secrets.

9. Results and Disclaimers

9.1 No Guarantee of Specific Results

While we employ proven strategies and industry best practices, we cannot guarantee specific results such as:

• Specific search engine rankings
• Exact number of leads or conversions
• Specific revenue increases
• Social media follower counts

9.2 Third-Party Platforms

Our services depend on third-party platforms (Google, Facebook, LinkedIn, etc.) whose policies, algorithms, and terms may change without notice. We are not responsible for changes to these platforms that affect campaign performance.

10. Limitation of Liability

To the maximum extent permitted by law, BWD Marketing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services. Our total liability shall not exceed the amount paid by you for services in the three months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless BWD Marketing LLC from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
• Materials or information you provide

12. Termination

Either party may terminate services with 30 days written notice. Upon termination:

• You remain responsible for payment of all services rendered
• We will provide final reporting and account access
• Campaign assets will be transferred as specified in your agreement
• Confidentiality obligations continue indefinitely

13. Modifications to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated to active clients via email. Continued use of services after notification constitutes acceptance of modified terms.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Miami-Dade County, Florida.

15. Dispute Resolution

In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration in Miami-Dade County, Florida.

16. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms of Service, together with your signed service agreement and proposal, constitute the entire agreement between you and BWD Marketing LLC regarding our services.

18. Contact Information

For questions about these Terms of Service, please contact us:

BWD Marketing LLC
407 Lincoln Road, Suite 8N-286
Miami Beach, FL 33139
Phone: 305-986-5905
Email: info@bwdmarketing.com