Terms and Conditions
Updated: 1/3/2025
These terms and conditions (“Terms”) shall be applicable to all Order Forms entered into by and between BOSSEO LLC (“Provider”) and the Customer set forth on the Order Form (“Customer”). Provider and Customer are each referred to as a (“Party”) and collectively as the (“Parties”). The Order Form shall be subject to these Terms which are incorporated therein by reference. The Order Form and these Terms together shall be collectively referred to as the Agreement. In consideration of the mutual covenants set forth herein, the sufficiency of which is hereby acknowledged by each Party, Provider and Customer hereby agree as follows:
1. Services:
The Agency shall perform the Services in accordance with the Scope of Work. Subject to the disclaimers set forth in this agreement and incorporated herein by reference, the Agency agrees to devote sufficient time, attention, and energy necessary to fulfill the terms set forth in the Scope of Work. The Agency may provide such other Services as the Client may request and the Agency may agree upon from time to time; provided, however, that the Client and the Agency must make and enter into a separate Scope of Work for any such other Services.
2. Authorization:
Customer hereby authorizes Provider to act on behalf of Customer in connection with the provision of the Services to Customer under the Agreement. Such authority includes, but is not limited to, ordering the Services from third parties. For the avoidance of doubt, Customer grants Provider all rights necessary for Provider to facilitate the provision of the Services to Customer hereunder. Customer agrees to comply with all reasonable requests of Provider necessary for the performance of the Services.
3. Third-Party Service:
Customer acknowledges that Provider cannot accept any responsibility or liability for the performance, policies, or actions of third-party digital marketing networks, including, but not limited to, search engines, display networks, social networks, or directories. Customer agrees that Provider shall not be responsible or liable for any impact the actions of third-party networks may have on the Services.
4. Placements:
Customer acknowledges that Provider cannot guarantee specific delivery or positioning of any creative/advertising placements in connection with the Services.
5. Access:
Provider may require access to, and Customer agrees to provide such access or otherwise make available, any systems, hardware, services, hosting, FTP software, or similarly functioning software or content management systems, or other resources deemed necessary by Provider to fulfill its obligations under this Agreement.
6. Fees:
Provider will charge the account management fee(s) set forth on the Order Form(s) to perform the Services. Fees are on a monthly basis and invoiced in arrears. Additional charges, including a one-time technology fee and monthly advertising budget, may be invoiced as set forth in the Order Form.
7. Payment Terms:
Customer’s recurring payment dates will match the date of the first payment. Provider reserves the right to terminate the Agreement in the event of non-payment, in addition to other legal remedies. Late payments may be subject to a late fee. Suspension of Services may occur if payments are not made in a timely manner.
8. Term of Agreement:
The Agreement shall commence on the Effective Date and continue until the completion of the Services. It will automatically renew unless terminated by either Party with proper notice.
9. Termination:
Either Party may terminate the Agreement by providing the other with at least thirty (30) days’ notice prior to the end of the Term. The Agreement may also be terminated due to material breach, subject to a thirty (30) day cure period.
10. Usage and Ownership:
Provider exclusively retains all rights to the Services, including all intellectual property, and grants Customer a limited, non-transferable right to use the Services as outlined in this Agreement.
11. Confidentiality:
All Confidential Information disclosed by Provider to Customer shall be treated with strict confidentiality, and Customer shall not disclose such information without Provider’s written consent.
12. Customer Representations and Warranties:
Customer represents that it has all necessary rights, licenses, and permissions to use the Content provided to Provider, and that such Content does not infringe upon any third-party rights.
13. Indemnification:
Customer will defend and indemnify Provider against any and all claims, liabilities, and expenses arising from the Customer’s use of the Services or any breach of the Agreement.
14. Limitations of Liability:
Provider shall not be liable for any indirect or consequential damages, including lost profits or loss of data, arising from the Agreement.
15. Force Majeure:
Neither Party will be held liable for any failure or delay in performance due to acts beyond its control, including but not limited to natural disasters, terrorism, strikes, or interruptions in third-party services.
16. Client Satisfaction, Cancellation, and Refund Policy
At Bosseo LLC, we take pride in the quality of our services and are committed to ensuring Client satisfaction. Below are the guidelines for cancellations, refunds, and chargebacks:
Initial 30-Day Full Refund Guarantee:
The Client may cancel their subscription for any reason within the first 30 days. Written notice of dissatisfaction within this period entitles the Client to a full refund of the initial payment. Bosseo LLC will promptly process the refund upon receiving the cancellation notice.
Day 31 to Day 60 Refund Policy:
If the Client is not fully satisfied within this period, they must notify Bosseo LLC in writing before the end of the 60 days. A partial refund will be issued, limited to the initial payment. No refunds will apply to payments beyond the initial 60 days.
Assumption of Satisfaction Post-Day 60:
If no written dissatisfaction is received within 60 days, services will be considered satisfactory. No refunds will be available for payments made after this period.
Ongoing Subscription Cancellation Policy:
After 60 days, the Client may cancel at any time with written notice. Refunds will only apply to future services not yet rendered at the time of cancellation.
Chargeback Waiver:
After the 60-day period, the Client waives the right to initiate chargebacks or disputes for previous payments. All disputes must follow the refund guidelines outlined above.
17. Miscellaneous:
This Agreement is governed by the laws of the State of Florida. Any disputes will be resolved in the courts of Miami-Dade County, Florida. Amendments to this Agreement must be made in writing and signed by both Parties
