Last updated on 1-15-21
These Terms and Conditions govern the relationship between Bemo Design LLC (“we,” “us,” “our,” or “Service Provider”) and you (“Client,” “you,” or “your”) for all services provided. By engaging our services, making a payment, or accepting an invoice, you agree to be bound by these terms, which are incorporated into all invoices, contracts, and online payment links.
1. Services
Bemo Design LLC provides services including, but not limited to, Web Design, Search Engine Optimization (SEO), Pay-Per-Click (PPC) Campaigns, Google Ads Management, Google Merchant Center (GMC) Management, Facebook Advertising, Analytics Reporting, Monthly Website Maintenance, WordPress, WooCommerce, E-commerce, Graphic Design (e.g., logos, brochures, banners, business cards, posters), Video Production, Photography, Social Media Management, Internet Marketing Training, and related strategy formulation. Specific services are detailed in the invoice or contract provided to the Client.
2. Termination and Cancellation
To terminate any services, Clients must provide written notice at least sixty (60) days prior to the desired cancellation date, sent via email to info@bemodesign.com or through our client portal. This 60-day notice period allows Bemo Design LLC to manage account transitions, including reassigning or terminating third-party apps, plugins, or subscriptions. Termination options will be discussed with the Client after the 60-day period. This requirement is stated on all invoices, contracts, and in the terms and conditions linked in every monthly online payment.
Contracts have a minimum one-year term with automatic renewal. Post-term, a 60-day written notice is required, and the remaining contract balance must be paid to terminate the agreement. For monthly subscriptions (e.g., SEO, Google Ads, Maintenance), cancellation requires 60 days’ written notice, with Bemo Design LLC retaining up to 50% of payments for expenses incurred. Additional fees may be billed within 10 days if costs exceed this amount.
Failure to provide 60 days’ notice may result in continued billing until the notice period is fulfilled.
3. Ownership and Control of Google Ads and Google Merchant Center Accounts
Bemo Design LLC retains exclusive administrative control and ownership of all Google Ads and Google Merchant Center (GMC) accounts created or managed by us for Clients. These accounts incorporate proprietary strategies, configurations, and intellectual property developed by Bemo Design LLC. While Clients pay for management services, full access or transfer of admin control will not be provided at any time, including upon termination. Bemo Design LLC may, at its discretion, provide limited access (e.g., read-only) or assist in setting up new accounts to ensure continuity. Clients waive any claim to ownership or control of these accounts, and no account information, campaign results, or payment amounts will be shared with Clients or their agencies.
4. Third-Party Apps and Plugins
Bemo Design LLC may set up or manage third-party apps, plugins, or subscriptions linked to our accounts, logins, or payment methods. Upon termination, we will work to reassign or terminate these during the 60-day notice period, provided Clients maintain our access to their website or platforms. Restricting access (e.g., changing passwords) may delay or prevent proper reassignment, for which Bemo Design LLC will not be liable.
5. Limitation of Liability
Bemo Design LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from our services, termination, or use of third-party platforms. Our liability is limited to the amount paid by the Client in the preceding six months. Clients agree to indemnify and hold Bemo Design LLC, its officers, employees, and subcontractors harmless from any claims, lawsuits, or disputes, except in cases of proven gross negligence or willful misconduct.
Clients acknowledge that digital marketing outcomes (e.g., SEO rankings, PPC performance) depend on factors beyond our control, and Bemo Design LLC does not guarantee specific results.
6. Dispute Resolution
Disputes arising from our services or these Terms and Conditions shall be resolved through good-faith negotiation. If unresolved, disputes will be subject to binding arbitration in Phoenix, Arizona, per the rules of the American Arbitration Association. Clients waive the right to pursue class action lawsuits or court claims. Each party shall bear its own legal fees.
7. Authorization
Clients engage Bemo Design LLC as an independent contractor and authorize us to access their accounts with “write permission” for service delivery. This includes third-party accounts for licensed images, copyrighted text, or technical configurations. Clients must provide necessary login information and ensure all provided content is owned or authorized, holding Bemo Design LLC harmless from claims arising from unapproved content.
8. Payment Terms
Unless otherwise stated, full payment is due upfront via PayPal, bank transfer, credit card, or other agreed methods. For projects exceeding $15,000, a 50% deposit is required, with the balance due upon completion. Late payments incur an 8% interest charge above the Federal Reserve base rate after the invoice credit term expires. Content may be removed if payment is not received within 30 days of completion notification.
Monthly subscriptions require payment in advance, with services suspended if payment is delayed beyond five days. Clients agree to reimburse Bemo Design LLC for critical expenses (e.g., specific fonts, stock photography) necessary for project completion.
9. Intellectual Property
Strategies, configurations, and materials created by Bemo Design LLC, including Google Ads campaigns, GMC setups, and proprietary processes, remain our intellectual property. Clients receive a non-exclusive, non-transferable license to use these during the agreement term but have no ownership rights upon termination. Finished work (e.g., website design, graphics) transfers to the Client upon final payment, provided all terms are met.
10. Client Responsibilities
Clients agree to:
- Provide accurate, timely information and content in readable formats (e.g., Microsoft Word, .jpg, .pdf).
- Maintain Bemo Design LLC’s access to websites and accounts during the service term and 60-day notice period.
- Ensure all provided content is owned or authorized, holding Bemo Design LLC harmless from claims.
- Behave professionally, avoiding harassment or inappropriate conduct, which may result in service termination without refund.
Unauthorized actions, such as restricting access to websites or accounts, may result in delays or additional costs, for which the Client is responsible.
11. Google Ads and Facebook Advertising
Clients pay Bemo Design LLC for PPC campaign management, with budgets set daily, weekly, or monthly. Bemo Design LLC pays Google or Facebook directly, retaining all rights to campaign information and results. Clients must use their own payment methods for Google or Facebook fees, and Bemo Design LLC is not liable for penalties or bidding issues. No refunds are offered for PPC services due to third-party policy violations or performance issues.
Campaign success is not guaranteed due to factors like competitor bidding or technical issues. Clients provide keywords, demographics, and content for ads, with additional design changes billed at $120/hour. Clients hold Bemo Design LLC harmless from claims arising from ad performance.
12. SEO Services
SEO services optimize Client websites for search engines, but no specific rankings are guaranteed due to third-party algorithms and external factors (e.g., domain age, competition). Contracts are for a minimum six-month term, with automatic renewal. No refunds are issued before six months, as organic SEO requires time to show results. Clients hold Bemo Design LLC harmless from claims arising from SEO performance.
13. Website Design and Maintenance
Bemo Design LLC may use open-source platforms (e.g., WordPress) and third-party plugins, and is not liable for issues arising from platform or hosting failures. Monthly maintenance includes updates to coding, plugins, and SEO, with additional requests billed at $120/hour. Clients must notify maintenance cancellations 60 days in advance.
Domain registration and hosting fees are the Client’s responsibility. Bemo Design LLC may assist with setup, but Clients are encouraged to manage these independently to control costs. Cross-browser compatibility is ensured for Microsoft Edge and Google Chrome, with redesigns for new browser versions billed separately.
14. Media and Content
Bemo Design LLC may create or receive from Clients graphics, audio, video, or other media for services. Clients are responsible for costs of third-party stock photography, audio, or video, and hold Bemo Design LLC harmless from claims arising from their provided content. For on-site photography or video shoots in the U.S., Clients cover travel, food, and lodging expenses, with costs negotiated in advance.
15. Design Credit and Portfolio
Bemo Design LLC may include a byline on Client websites (e.g., “Designed by Bemo Design LLC”) and feature Client projects in our portfolio. Clients agree to provide a review or testimonial upon request, unless otherwise agreed in writing.
16. Nondisclosure
Bemo Design LLC, its employees, and subcontractors will not disclose Client confidential information without permission, except as required by law. Clients agree not to disclose Bemo Design LLC’s proprietary strategies or confidential information to third parties.
17. Modifications to Terms
Bemo Design LLC may revise these Terms and Conditions at any time. Clients will be notified via email or website posting, and continued use of services constitutes acceptance of the updated terms.
18. Governing Law
These Terms and Conditions are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.
19. Contact Information
For questions or cancellation notices, contact us at info@bemodesign.com.
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
