Terms of Service

1. Introduction

Welcome to Bright Marketing Agency. These Terms of Service ("Terms") govern your use of our website located at brightmarketingagency.com (the "Site") and the marketing services we provide ("Services"). By accessing our Site or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site or use our Services.

2. Use of Services

Our Services are designed to help businesses develop their brand and attract customers through strategic digital marketing solutions. You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Bright Marketing Agency, a Bright Marketing Agency employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Bright Marketing Agency or users of the Services or expose them to liability.

3. Client Responsibilities

When engaging our Services as a client, you agree to:

• Provide accurate and complete information necessary for us to perform the Services.
• Respond to our communications and requests for information in a timely manner.
• Review and provide feedback on deliverables within the agreed timeframe.
• Use our deliverables and recommendations in accordance with these Terms and all applicable laws and regulations.
• Pay all fees as described in your service agreement or proposal, according to the payment terms specified.

4. Intellectual Property

Unless otherwise specified in a separate service agreement, the following intellectual property terms apply:

Agency-Owned Materials: Bright Marketing Agency owns or licenses all right, title, and interest in and to our pre-existing materials, including our proprietary marketing methodologies, frameworks, software, tools, and templates. We grant you a non-exclusive, non-transferable license to use Agency-Owned Materials solely in connection with the Services and deliverables we provide to you.

Client-Owned Materials: You retain all right, title, and interest in and to materials that you owned prior to engaging our Services, as well as any materials that you independently create in connection with our Services.

Deliverables: Upon full payment of all fees due, we assign to you all right, title and interest in and to the deliverables specifically created for you as part of our Services, excluding any Agency-Owned Materials incorporated into the deliverables.

5. Confidentiality

Each party agrees to treat all confidential information received from the other party with the same degree of care as it accords to its own confidential information, but in no event less than reasonable care. Confidential information includes, but is not limited to, business plans, marketing strategies, customer lists, financial information, and proprietary methodologies.

Neither party will disclose the other party's confidential information to any third party without prior written consent, except as required by law. These confidentiality obligations survive the termination of our Services.

6. Privacy Policy

Our Privacy Policy, available at Privacy Policy, describes how we collect, use, and share information about you when you use our Site or Services. By using our Site or Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.

7. Payment Terms

Payment terms are outlined in the service agreement or proposal provided to each client. Unless otherwise specified:

• All fees are quoted in US dollars and are exclusive of applicable taxes.
• Invoices are due upon receipt unless otherwise specified.
• Late payments may be subject to a late fee of 1.5% per month or the maximum rate permitted by law.
• We reserve the right to suspend Services if payment is not received according to the agreed terms.

8. Limitation of Liability

In no event will Bright Marketing Agency, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, Services, or any content on the Site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Bright Marketing Agency, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 Services.

10. Term and Termination

The term of our Services is specified in the applicable service agreement or proposal. Either party may terminate the Services as provided in such agreement.

Upon termination:

• All rights and licenses granted to you will immediately terminate.
• You must return or destroy all copies of Agency-Owned Materials in your possession.
• Any fees owed for Services performed prior to termination remain due and payable.
• Provisions related to payment, intellectual property, confidentiality, limitation of liability, and indemnification survive termination.

11. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter.

Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Los Angeles County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Bright Marketing Agency
920 Wilshire Blvd, Suite 600
Los Angeles, CA 90017, USA
Email: [email protected]
Phone: +1 213 558 7942

14. Entire Agreement

These Terms, together with any service agreement, proposal, or other documents referenced herein, constitute the sole and entire agreement between you and Bright Marketing Agency regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.