Terms of Service
Effective Date: December 15, 2024
1. Acceptance of Terms
By accessing and using the BrandNestX Marketing Agency website located at brandnestx.cc (the "Service"), 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 access to and use of our website, services, and related applications (collectively, the "Service"). We reserve the right to update these Terms at any time without prior notice, and your continued use of the Service constitutes acceptance of any changes.
2. Use of Service
BrandNestX Marketing Agency provides digital marketing, web development, branding, and related business services. The Service is intended for business and professional use by individuals and organizations seeking marketing and business development services.
Permitted Uses:
- Browsing and learning about our services
- Contacting us for business inquiries
- Accessing educational content and resources
- Engaging our professional services
3. User Responsibilities
As a user of the BrandNestX Service, you agree to:
Prohibited Activities
- • Using the Service for any unlawful purpose
- • Attempting to gain unauthorized access
- • Interfering with the Service's operation
- • Distributing malicious software
- • Spamming or sending unsolicited communications
Required Standards
- • Providing accurate information when required
- • Respecting intellectual property rights
- • Complying with applicable laws and regulations
- • Maintaining the confidentiality of any access credentials
- • Reporting any security vulnerabilities immediately
4. Intellectual Property Rights
The BrandNestX Service and its original content, features, and functionality are and will remain the exclusive property of BrandNestX Marketing Agency and its licensors. The Service is protected by copyright, trademark, and other laws. All trademarks, logos, service marks, trade names, and other proprietary marks are the property of their respective owners.
Our Work Products
All deliverables, including but not limited to websites, designs, marketing materials, strategies, and documentation created by BrandNestX in the performance of services shall be governed by our project-specific agreements and intellectual property clauses.
Client Content: Clients retain ownership of their original content provided to us. By submitting content, you grant us the right to use it solely for the purpose of providing our services.
5. Disclaimers
Service Availability
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations, warranties, and conditions relating to our website and the use of this website.
No Warranties
- • Service availability is not guaranteed
- • Information may contain inaccuracies
- • Results of marketing efforts vary
- • Third-party integrations may change
External Links
Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of these external sites.
6. Limitation of Liability
In no event shall BrandNestX Marketing Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Maximum Liability
The total liability of BrandNestX Marketing Agency arising out of or relating to these Terms or the Service shall not exceed the amount paid by you for our services during the twelve (12) months preceding the claim.
Client Responsibilities
Clients are responsible for backing up their data, maintaining security measures, and ensuring compliance with applicable laws and regulations in their business operations.
7. Service Terms and Engagement
Project Agreements
Detailed terms for specific services provided by BrandNestX will be outlined in individual project agreements, statements of work, or service contracts. These documents will specify scope, deliverables, timelines, and payment terms.
Payment Terms
- • Net 30 days payment terms
- • 50% deposit for new projects
- • Late payments subject to 2% monthly interest
- • Project work paused for overdue accounts
Project Modifications
- • Scope changes require written approval
- • Additional work billed separately
- • Revisions subject to agreement limits
- • Rush delivery fees may apply
8. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.
Data Security
Industry-standard encryption and security measures
Data Storage
Secure cloud storage with regular backups
Access Control
Limited access on need-to-know basis
9. Termination
Termination by You
You may terminate your engagement with BrandNestX at any time by providing written notice. Termination will not affect any work completed up to the termination date, and any outstanding invoices will remain due.
Termination by BrandNestX
We reserve the right to terminate or suspend service immediately, without prior notice, for breach of these Terms, non-payment, or any other conduct that we consider harmful to our business or other clients.
Upon Termination
- Access to our services will be immediately revoked
- Outstanding payments become immediately due
- Confidential information must be returned or destroyed
- Work products may be withheld until payment is received
10. Governing Law and Disputes
Governing Law
These Terms shall be interpreted and governed in accordance with the laws of the Philippines. Any disputes arising from these Terms or the use of our Service shall be subject to the exclusive jurisdiction of the courts of Quezon City, Philippines.
Dispute Resolution
Before pursuing formal legal action, both parties agree to attempt to resolve disputes through good faith negotiations. If direct negotiation fails, disputes will be resolved through binding arbitration in accordance with the Philippine Dispute Resolution Center, Inc. (PDRCI) rules.
Professional Resolution
As professionals, we believe most disputes can be resolved through open communication and compromise. We are committed to maintaining positive client relationships and will always seek amicable solutions.
11. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this page and notify users of significant changes through our website or direct communication.
Notification Process
Website Notice
Updated terms prominently displayed on our homepage
Email Notification
Email notification to active clients for material changes
Grace Period
30-day notice period for significant changes affecting existing clients
12. Contact Information
If you have any questions about these Terms of Service, please contact us using the information below. We are committed to addressing your concerns promptly and professionally.
BrandNestX Marketing Agency
Office Address
Quezon Avenue, Quezon City
Metro Manila, Philippines
Phone Number
+63 2 8921 4455Email Address
[email protected]Business Hours
Emergency Contact
For urgent matters outside business hours, please send an email. We typically respond within 24 hours on business days.
13. Additional Information
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.
Entire Agreement
These Terms constitute the entire agreement between you and BrandNestX regarding the use of our Service and supersede all prior and contemporaneous agreements, proposals, and communications.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision is waived by BrandNestX, such waiver must be in writing and signed by an authorized representative of BrandNestX.
These Terms of Service were last updated on December 15, 2024.