Terms and Conditions
Effective Date: June 1, 2025
Last Updated: September 1, 2025
1. Agreement to Terms
By accessing and using the website bestbma.com (the “Website”) and engaging our services, you agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to all visitors, users, and clients of Branding | Marketing | Advertising, which may be referred to as “BMA” (“Company,” “we,” “us,” or “our”).
If you disagree with any part of these Terms, then you may not access the Website or use our services. Continued use of our services after any modifications to these Terms constitutes acceptance of the updated Terms.
2. Description of Services
Branding | Marketing | Advertising provides comprehensive digital marketing services including but not limited to:
Website development, design, and hosting
Search Engine Optimization (SEO)
Local search optimization
Content creation and marketing
Social media marketing and management
Online advertising (PPC, Google Ads, Facebook Ads)
Branding and logo design
Public relations and reputation management
Digital marketing consulting
Healthcare and medical practice marketing
Video and image creation
Press release distribution
Google Business Profile management
3. Client Responsibilities
3.1 Accurate Information
Clients must provide accurate, complete, and up-to-date information necessary for service delivery. This includes but is not limited to business information, target audience details, login credentials, and content materials.
3.2 Content and Materials
Clients are responsible for providing content, images, and materials needed for marketing campaigns. Clients warrant that all provided materials do not infringe on third-party rights and that they have proper authorization to use such materials.
3.3 Compliance
Clients must ensure their business practices comply with all applicable laws, regulations, and industry standards, particularly in healthcare marketing where HIPAA and other regulations apply.
3.4 Timely Communication
Clients must respond to requests for information, feedback, and approvals within 48 hours during the first month of the agreement and 72 hours thereafter to avoid project delays.
3.5 Access and Cooperation
Clients must provide timely access to:
Current website, domain settings, DNS servers
Existing Google Business Profile
Social media accounts
Branding guidelines including color schemes with hex codes, logos, and writing guidelines
Creative assets such as photography, videos, and other materials
4. Payment Terms
4.1 Fees and Billing
Service fees are outlined in individual service agreements. Payments are required within five (5) days of being billed, unless specifically stated otherwise in the individual service agreement. The default payment term is five (5) days from invoice date. Payment methods will be specified in your service contract. First payment is due prior to beginning services. Subsequent payments are due by the 22nd of each month, with invoices generated on or around the 15th of each month.
4.2 Late Payments and Consequences
Late payments may result in service suspension, additional fees, and collection efforts. Failure to make payments on time will result in collections, which may affect your credit. If invoices remain unpaid for more than 30 days, Branding | Marketing | Advertising reserves the right to redirect the client’s website to https://bestbma.com until payment is received. We encourage open communication to resolve payment issues promptly.
Client specifically agrees to no credit card chargebacks. Any attempt to initiate a chargeback will be considered a breach of contract and may result in immediate termination of services and collection actions. Furthermore, you agree to not initiate any chargebacks via credit card purchases as all sales and payments are final. Any attempt to initiate a chargeback and you agree to remove the attempt immediately and agree BMA should be paid.
4.3 Refund Policy
Branding | Marketing | Advertising does not issue refunds. All services are considered final upon payment. Work completed, time invested, and third-party expenses are non-refundable under any circumstances.
5. Service Delivery and Performance
5.1 Service Timeline
Project timelines are estimates based on client cooperation and prompt provision of required materials. Delays caused by client-side factors may extend delivery dates.
5.2 Performance Expectations and Legal Compliance
While we employ industry best practices and proven strategies, we cannot guarantee specific results, rankings, traffic volumes, or conversion rates. We will follow all applicable laws and do not “guarantee” a certain number of patients or clients for your business as this would violate applicable laws. Everything we do is “best efforts.” Digital marketing results depend on various factors including market conditions, competition, algorithm changes, and regulatory requirements. All services are provided on a best efforts basis without warranty of specific outcomes.
5.3 Ongoing Services
For ongoing services such as SEO and social media management, results typically develop over time. Clients should expect gradual improvement rather than immediate dramatic changes.
5.4 Approval Requirements
General website design must be approved by the client before going live
Press releases require client approval before distribution
Social media posts, blogs, and general website content updates do not require client approval
6. Intellectual Property Rights
6.1 Client Materials
Clients retain ownership of their original materials, content, and trademarks provided to us.
6.2 Work Product
Original creative work product developed specifically for the client (such as custom logos, website designs, and content) becomes the property of the client upon full payment, unless otherwise specified.
6.3 Company Property
We retain ownership of our methodologies, strategies, tools, templates, and general knowledge. Pre-existing intellectual property remains our property. Branding | Marketing | Advertising reserves the right to use completed works as samples or for promotional purposes.
6.4 Third-Party Materials
Some projects may incorporate third-party materials (stock photos, software, etc.). Clients are responsible for ongoing licensing fees for such materials.
7. Limited Liability and Damages
7.1 Limitation of Liability
OUR LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES IS STRICTLY LIMITED TO A MAXIMUM OF FIFTY PERCENT (50%) OF THE FIRST MONTH’S VALUE OF SERVICES PAID BY THE CLIENT. This limitation applies regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise.
7.2 Consequential Damages
We are not liable for indirect, consequential, special, incidental, or punitive damages including but not limited to lost profits, business interruption, loss of data, loss of goodwill, or cost of substitute services.
7.3 Third-Party Platforms
We are not responsible for changes, outages, policy modifications, or other actions by third-party platforms (Google, Facebook, etc.) that may affect campaign performance or results.
7.4 Website Hosting and Technical Issues
While we maintain professional hosting standards, we are not liable for server downtime, technical failures, or website unavailability beyond our reasonable control.
8. Attorney Fees and Legal Costs
BY ACCEPTING THESE TERMS, CLIENT EXPRESSLY AGREES AND ACKNOWLEDGES THAT:
Attorney fees and legal costs are NOT recoverable by either party in any dispute, litigation, or legal proceeding
Each party shall bear their own legal expenses regardless of the outcome
This waiver of attorney fee recovery applies to all claims, counterclaims, and cross-claims
9. Confidentiality
9.1 Mutual Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the business relationship.
9.2 Healthcare Compliance
For healthcare clients, we maintain strict compliance with HIPAA and other applicable privacy regulations. We do not access, store, or process protected health information (PHI) unless specifically contracted and compliant procedures are in place.
10. Contract Terms and Termination
10.1 Term and Renewal
Service agreements shall be for the period specified in the individual contract. Unless written notice of intent not to renew is provided at least thirty (30) days prior to the end of any term, agreements shall automatically renew on a month-to-month basis under the same terms and conditions.
10.2 Termination and Early Cancellation
Either party may terminate services with thirty (30) days written notice.
EARLY TERMINATION PENALTY: If the client terminates the agreement within the first six (6) months, Branding | Marketing | Advertising will:
Retain ownership of all work created, including but not limited to the website, content, designs, and marketing materials
Consider the client in breach of contract with no obligation to complete remaining services
On a case-by-case basis, may allow the client to “buy out” the remainder of their agreement (dependent on time remaining and total agreement value)
Any services rendered up to the point of termination remain payable by the client.
10.3 Effect of Termination
Upon termination:
The client receives completed work product only if termination occurs after the first six (6) months and upon full payment of all outstanding invoices
For early termination within six (6) months, Branding | Marketing | Advertising retains all work product ownership as specified in Section 10.2
We retain the right to showcase work for portfolio purposes unless specifically prohibited
Confidentiality obligations survive termination
Outstanding invoices remain due and payable
11. Website Usage and Prohibited Activities
11.1 Permitted Use
The Website is intended for business purposes related to our services. Users may not use the Website for unlawful purposes or in violation of these Terms.
11.2 Prohibited Activities
Users may not:
Attempt to gain unauthorized access to any portion of the Website
Use automated tools to extract data from the Website
Post or transmit harmful, offensive, or inappropriate content
Interfere with Website functionality or security
Engage in any activity that violates applicable laws or regulations
12. Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, technical failures, pandemics, or other acts of God.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of Nevada, without regard to conflict of law principles.
13.2 Dispute Process
Disputes should first be addressed through good faith negotiation. If unresolved, disputes may be subject to binding arbitration or court proceedings as specified in individual service agreements.
13.3 Venue
Any mediation, arbitration, or legal proceedings must be filed and conducted in Las Vegas, Nevada. You agree to submit to the personal jurisdiction of the courts located in Las Vegas, Nevada for any matters not subject to arbitration.
14. Indemnification
Client agrees to indemnify, defend, and hold harmless Branding | Marketing | Advertising, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (attorney fees are non-recoverable) arising from:
Client’s use of our services
Client’s breach of these Terms
Client’s violation of any law or regulation
Client’s infringement of third-party rights
15. Severability and Modification
15.1 Severability
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
15.2 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated to clients. Continued use of our services after modifications constitutes acceptance of updated Terms.
15.3 Entire Agreement
These Terms, together with individual service agreements, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or representations.
16. Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
17. Healthcare Marketing Compliance
17.1 Regulatory Compliance
For healthcare clients, all marketing activities comply with applicable regulations including but not limited to HIPAA, FDA guidelines, and state medical board requirements.
17.2 Claims and Testimonials
Healthcare marketing content adheres to professional standards and regulations regarding claims, testimonials, and patient privacy.
19. Binding Arbitration and Class Action Waiver
19.1 Mandatory Arbitration
By using our services, you agree that any disputes arising from or relating to these Terms, our services, or your use of our website shall be resolved through binding arbitration rather than in court. Arbitration will be conducted under the rules of the American Arbitration Association (AAA) in Las Vegas, Nevada.
19.2 Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not as a class action, collective action, or representative proceeding. You waive your right to participate in any class action lawsuit against Branding | Marketing | Advertising.
19.3 Exceptions to Arbitration
The following matters are excluded from mandatory arbitration:
Claims seeking injunctive or equitable relief
Claims in small claims court within jurisdictional limits
Intellectual property disputes
19.4 Limitation Period
Any claims must be brought within one (1) year of when the cause of action arose, or such claims will be permanently barred.
20. Contact Information
For questions about these Terms and Conditions, please contact us at:
Branding | Marketing | Advertising
Corporate Address:
10845 Griffith Peak Dr Ste 200A
Las Vegas, NV 89135
Correspondence Address:
5904 Warner Avenue, Suite A 2002
Huntington Beach, CA 92649
Website: https://bestbma.com
IMPORTANT: All mail sent to our physical addresses must be sent via registered mail through the United States Postal Service (USPS).
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.