Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Company," "We," "Us," or "Our" refers to The BCL Company
• "Client" or "You" refers to the individual or entity accessing our website or using our services
• "Services" refers to all marketing services, consulting, and related offerings provided by The BCL Company
• "Website" refers to our website accessible at thebclcompany.com and all associated pages
• "Agreement" refers to these Terms and Conditions and any service-specific agreements

2. Use of Website

2.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to our systems or networks
• Transmit any viruses, malware, or other harmful code
• Engage in any activity that disrupts or interferes with the website's functionality
• Collect or harvest any information from the website using automated means
• Impersonate any person or entity or misrepresent your affiliation

2.2 Account Security

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Services

3.1 Service Description

The BCL Company provides digital marketing services including but not limited to: social media advertising, pay-per-click campaign management, marketing automation, conversion funnel development, and strategic consulting. Specific services will be outlined in individual service agreements or statements of work.

3.2 Service Engagement

Before commencing any paid services, both parties will execute a service agreement that specifies:

• Scope of services to be provided
• Pricing and payment terms
• Timeline and deliverables
• Responsibilities of both parties
• Any specific terms applicable to the engagement

3.3 No Guarantees

While we strive to deliver excellent results, we do not guarantee specific outcomes, rankings, traffic levels, lead volumes, or revenue figures. Marketing results depend on numerous factors, many of which are beyond our control. Any projections or estimates provided are based on historical data and industry experience but should not be considered guarantees of future performance.

4. Payment Terms

4.1 Fees and Billing

Fees for our services will be specified in your service agreement. Unless otherwise stated:

• Service fees are billed monthly in advance
• Advertising spend is billed separately and paid directly to advertising platforms or reimbursed to us
• All fees are in US Dollars unless otherwise specified
• Invoices are due within 7 days of receipt unless other terms are agreed

4.2 Late Payment

Late payments may be subject to a late fee of 1.5% per month (or the maximum allowed by law) and may result in suspension of services until payment is received.

4.3 Refunds

Due to the nature of our services, all fees are non-refundable once work has commenced. If you cancel services mid-month, you will be charged for the full month. Advertising spend is non-refundable as it is paid directly to third-party platforms.

5. Intellectual Property

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of The BCL Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

5.2 Client Materials

You retain all rights to materials you provide to us (e.g., logos, product images, copy). By providing these materials, you grant us a license to use them for the purpose of delivering our services.

5.3 Work Product

Upon full payment, you will own the final deliverables created specifically for you (e.g., ad copy, landing pages). However, we retain ownership of our methodologies, processes, templates, and any pre-existing intellectual property used in delivering services.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our relationship. This includes but is not limited to:

• Business strategies and marketing plans
• Financial information and pricing
• Customer data and proprietary processes
• Any information marked as confidential

This obligation continues for 3 years after the termination of services, except where disclosure is required by law.

7. Termination

7.1 Termination by Client

Unless otherwise specified in your service agreement, you may terminate services with 30 days written notice. You will be responsible for payment through the end of the notice period and for any committed advertising spend.

7.2 Termination by Company

We reserve the right to terminate services immediately if you breach these terms, fail to make payment, or engage in conduct that we deem harmful to our business or reputation.

7.3 Effect of Termination

Upon termination, we will cease providing services and you will be responsible for any outstanding payments. We will provide you with access to any deliverables or data in our possession, subject to payment in full.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The BCL Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data
• Our total liability for any claim arising from our services shall not exceed the amount paid by you to us in the 12 months preceding the claim
• We are not responsible for results that depend on third-party platforms (e.g., Google, Facebook) or factors beyond our control
• We do not guarantee uninterrupted or error-free service

Some jurisdictions do not allow the limitation of certain warranties or damages, so some of these limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless The BCL Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of our services; (b) your violation of these terms; (c) your violation of any third-party rights; or (d) any content or materials you provide to us.

10. Dispute Resolution

10.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising from these terms or our services shall be resolved through binding arbitration in New York, NY, in accordance with the rules of the American Arbitration Association. You waive your right to participate in a class action lawsuit or class-wide arbitration.

10.3 Exceptions

Either party may seek injunctive relief in court for breaches related to intellectual property or confidentiality.

11. Warranties and Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or completeness of content
• Warranties that defects will be corrected

12. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. We encourage you to review these terms periodically.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and The BCL Company regarding use of our website and services.

13.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision in these terms shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer your rights under these terms without our prior written consent. We may assign our rights and obligations without restriction.