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Terms and Conditions
Last Updated: January 27, 2026
1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “You”), and Beyrmedia (“Agency,” “We,” “Us,” or “Our”), concerning your access to and use of the Beyrmedia website as well as any other media form, media channel, mobile website, or related, linked, or otherwise connected thereto (collectively, the “Site”) and the marketing services provided (the “Services”).
2. Services Provided
Beyrmedia agrees to provide the specific services outlined in your Statement of Work (SOW) or digital subscription package (e.g., “Basic,” “Standard,” “Premium”). These services may include, but are not limited to:
- Paid Media: Google Ads, Meta Ads, TikTok Ads, Programmatic, and Amazon PPC.
- Earned Media: Public Relations, Influencer Marketing, and Affiliate management.
- Owned Media: Enterprise SEO, Content Marketing, Email & SMS Marketing, and Conversion Rate Optimization (CRO).
- Data Intelligence: Customer Data Platforms (CDP), Marketing Mix Modeling (MMM), and Attribution analysis.
- Creative: Branding, Video Production, and UI/UX Design.
3. Client Obligations
To ensure the successful execution of the Services, the Client agrees to:
- Timely Communication: Provide all necessary information, assets, logos, copy, and access credentials to third-party accounts (e.g., Google Analytics, Facebook Business Manager) in a timely manner.
- Approvals: Promptly review and approve creative assets, ad copy, and strategy documents. Delays in approval may result in delays in campaign launches.
- Compliance: Ensure that all materials provided to the Agency do not infringe on any third-party intellectual property rights and comply with all applicable laws and regulations.
4. Payment Terms
- Fees: Client agrees to pay the fees set forth in the applicable SOW or Pricing Page. Fees are exclusive of any applicable taxes.
- Billing: Services are billed in advance on a monthly basis. Invoices are due upon receipt unless otherwise specified.
- Late Payments: Invoices not paid within fourteen (14) days of the due date may incur a late fee of 1.5% per month or the maximum amount permitted by law.
- Third-Party Ad Spend: All media budgets (Ad Spend) payable to platforms like Google, Facebook, or TikTok are the sole responsibility of the Client. These payments are made directly to the platforms. Beyrmedia is not liable for funding ad accounts.
5. Intellectual Property Rights
- Agency IP: All methodologies, proprietary software, data models, and pre-existing intellectual property owned by Beyrmedia prior to this agreement remain the sole property of Beyrmedia.
- Client IP: The Client retains ownership of all pre-existing trademarks, logos, and materials provided to the Agency.
- Deliverables: Upon full payment of all fees, Beyrmedia grants the Client a non-exclusive, perpetual, worldwide license to use the final creative deliverables (e.g., images, video files, ad copy) for their intended purpose.
- Data Ownership: Client owns the raw customer data generated by the campaigns. Beyrmedia retains the right to use anonymized, aggregated data for benchmarking and internal optimization purposes.
6. Disclaimer of Warranties
The Services are provided “as is” and “as available.” Beyrmedia makes no representations or warranties of any kind, express or implied, regarding the operation of the Services or the information, content, materials, or products included. To the full extent permissible by applicable law, Beyrmedia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- No Guarantee of Results: While we employ “doordachte strategie” (thoughtful strategy) and “ijzersterke advertenties” (strong advertisements), Beyrmedia does not guarantee specific results, such as a specific number of leads, sales, or specific Return on Ad Spend (ROAS). Digital marketing is subject to platform algorithm changes (Google, Meta, Amazon) over which we have no control.
7. Limitation of Liability
In no event shall Beyrmedia, 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 (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
8. Indemnification
You agree to defend, indemnify, and hold harmless Beyrmedia, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or Services.
9. Governing Law
These Terms shall be governed by and defined following the laws of:
- For US Clients: The State of Texas and the State of California, as applicable.
For Australian Clients: The laws of New South Wales (NSW).
You irrevocably consent that the courts of Texas, California, or New South Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
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