TERMS AND CONDITIONS OF SERVICE
Effective Date: 23 July 2026
These Terms and Conditions (the “Terms”) govern all marketing and related services (the “Services”) provided by Billion Dollar Baby Entertainment (the “Company,” “we,” “us,” or “our”) to any client (the “Client,” “you,” or “your”). By signing a proposal, invoice, or service agreement, submitting payment, or otherwise engaging the Company to perform Services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms.
1. Services
The Company provides marketing services, which may include, without limitation: marketing strategy and consulting, brand development, social media management and content creation, digital advertising and campaign management, email marketing, graphic design, video production, website and landing page development, search engine optimization, and related promotional services. The specific Services to be performed for the Client will be described in a written proposal, scope of work, or invoice (each, a “Project”). Only the Services expressly listed in the applicable Project documentation are included. Any work outside that scope will require a separate agreement and additional fees.
2. Payment in Full Required Before Services Begin
ALL FEES MUST BE PAID IN FULL BEFORE ANY WORK BEGINS. The Company will not commence, schedule, or reserve resources for any Project until the Client’s account is paid in full for that Project. No creative work, strategy, media placement, deliverable production, or other Services of any kind will be initiated, and no timeline or deadline will take effect, until the Company has received full payment in cleared funds.
Quoted prices are valid for thirty (30) days from the date of the proposal or invoice unless otherwise stated in writing. Payments made by check, ACH, or similar methods are not considered received until the funds have fully cleared. If a payment is disputed, reversed, or returned for insufficient funds, all work will immediately stop, project timelines will be suspended, and the Client will be responsible for any associated bank fees, chargeback fees, and collection costs, including reasonable attorneys’ fees.
Any project timeline, launch date, or delivery estimate communicated to the Client is calculated from the date payment is received in full — not from the date of the proposal, invoice, or any prior conversation.
3. No Refund Policy
ALL SALES ARE FINAL. ALL PAYMENTS MADE TO THE COMPANY ARE NON-REFUNDABLE. By engaging the Company and submitting payment, the Client expressly acknowledges and agrees that no refunds, credits, chargebacks, or returns will be issued for any reason, including but not limited to:
Change of mind, change in business direction, or decision to discontinue the Project;
Dissatisfaction with subjective creative elements, style, or aesthetic preferences;
Failure of the Client to provide required content, materials, approvals, or access;
Delays caused by the Client, third parties, or events outside the Company’s control;
Marketing results, performance metrics, or business outcomes that differ from the Client’s expectations;
Termination or cancellation of the Project by the Client for any reason.
The Client acknowledges that the Company allocates time, personnel, and resources upon receipt of payment, and that this No Refund Policy is a material condition of the Company’s pricing and willingness to provide the Services. The Client agrees not to initiate any chargeback or payment dispute in violation of these Terms; any such attempt shall constitute a material breach of these Terms.
4. Client Responsibilities
The Client agrees to provide, in a timely manner, all content, materials, information, credentials, account access, feedback, and approvals reasonably required for the Company to perform the Services. The Client warrants that all materials supplied to the Company are owned by the Client or properly licensed, and do not infringe the rights of any third party. If the Client fails to provide required materials or approvals within fourteen (14) days of a request, the Company may, at its discretion, pause the Project, adjust the timeline, or deem the affected deliverables complete. No refund or credit will be issued for delays or non-completion caused by the Client.
5. Revisions and Change Requests
Each Project includes only the number of revision rounds specified in the applicable proposal or scope of work. If no number is specified, the Project includes up to two (2) rounds of reasonable revisions per deliverable. Additional revisions, new requests, or changes to the approved scope will be billed separately at the Company’s then-current rates and must be paid in full before the additional work begins.
6. No Guarantee of Results
Marketing outcomes depend on numerous factors outside the Company’s control, including market conditions, competition, platform algorithms, advertising costs, and the Client’s own products, pricing, and operations. The Company does not guarantee any specific results, including but not limited to sales, revenue, leads, followers, engagement, rankings, impressions, or return on investment. All projections, estimates, and case studies are illustrative only and do not constitute a promise of performance. Payment is for the professional services performed, not for any particular outcome.
7. Third-Party Platforms and Advertising Spend
Fees paid to third parties — including advertising spend (e.g., Meta, Google, TikTok), software subscriptions, printing, media placement, stock assets, and domain or hosting fees — are separate from and in addition to the Company’s service fees, unless expressly stated otherwise in writing. The Company is not responsible for the acts, omissions, outages, policy changes, or account decisions of any third-party platform, including account suspensions or ad disapprovals.
8. Intellectual Property
Upon receipt of payment in full, the Client will own the final approved deliverables created specifically for the Client under the applicable Project. The Company retains ownership of all preliminary concepts, drafts, unused proposals, working files, templates, processes, and proprietary tools and methods. The Company reserves the right to display completed work in its portfolio and marketing materials unless the Client requests otherwise in writing. No rights are transferred to the Client until the Client’s account is paid in full.
9. Confidentiality
Each party agrees to keep confidential any non-public business information disclosed by the other party in connection with the Services and to use such information solely for purposes of performing or receiving the Services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Term, Termination, and Cancellation
Either party may terminate a Project by written notice if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of written notice. If the Client cancels or terminates a Project for any reason, or if the Company terminates due to the Client’s breach, all amounts paid remain non-refundable pursuant to Section 3, and any unpaid amounts for work performed or expenses incurred become immediately due. Upon termination, the Company will deliver to the Client any completed deliverables that have been paid for in full.
11. Limitation of Liability
To the maximum extent permitted by law, the Company’s total aggregate liability arising out of or related to the Services or these Terms shall not exceed the total fees actually paid by the Client to the Company for the specific Project giving rise to the claim. In no event shall the Company be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
12. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its owners, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) materials or information provided by the Client; (b) the Client’s products, services, or business operations; (c) the Client’s breach of these Terms; or (d) the Client’s violation of any law or the rights of any third party.
13. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, labor disputes, internet or utility outages, platform failures, or governmental actions. Timelines will be extended for the duration of any such event.
14. Independent Contractor
The Company is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. The Company may use subcontractors in the performance of the Services and remains responsible for the work delivered.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, it shall be brought exclusively in the state or federal courts located in North Carolina, and each party consents to the personal jurisdiction and venue of such courts. The prevailing party in any action shall be entitled to recover its reasonable attorneys’ fees and costs.
16. General Provisions
Entire Agreement. These Terms, together with the applicable proposal, scope of work, or invoice, constitute the entire agreement between the parties and supersede all prior discussions and understandings. In the event of a conflict, a signed written agreement will control over these Terms.
Amendments. The Company may update these Terms from time to time; the version in effect on the date of the Client’s payment governs that Project. No modification is binding unless in writing and signed by both parties.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect.
No Waiver. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment. The Client may not assign its rights or obligations under these Terms without the Company’s prior written consent.
Acknowledgment and Acceptance
By signing below, submitting payment, or engaging the Company to perform Services, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions, including the No Refund Policy (Section 3) and the requirement that payment be made in full before Services begin (Section 2).