Terms of Service

1. Acceptance of Terms

By accessing and using BrandLux's services, website, or digital marketing platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and BrandLux, a marketing agency registered in the Philippines.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. In such cases, "you" and "your" refer to such entity.

If you do not agree with any part of these terms, you may not access our services. Continued use of our platform following any modifications constitutes acceptance of the updated terms.

2. Service Description

BrandLux provides comprehensive digital marketing services including strategic campaign development, content creation, social media management, search engine optimization, pay-per-click advertising management, and business growth consulting specifically tailored for the Philippine market.

Our services include but are not limited to: marketing strategy consultation, brand development, digital advertising campaigns, website optimization, social media marketing, email marketing, analytics and reporting, and ongoing campaign management.

All service deliverables are defined in specific service agreements, proposals, or contracts that supplement these general terms. Service availability, features, and specifications may change as we continuously improve our offerings.

3. User Obligations and Conduct

You agree to provide accurate, current, and complete information during registration and throughout your use of our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to use our services only for lawful purposes and in accordance with these Terms of Service. Prohibited activities include but are not limited to: transmitting harmful, offensive, or illegal content, infringing on intellectual property rights, attempting to gain unauthorized access to our systems, or using our services for spam or fraudulent activities.

You must cooperate with our team by providing necessary information, feedback, and approvals within agreed timelines to ensure successful service delivery. Failure to meet your obligations may impact service quality and project timelines.

4. Payment Terms and Billing

Payment terms, rates, and billing schedules are specified in individual service agreements or project proposals. Unless otherwise stated, invoices are due within thirty (30) days of the invoice date in Philippine Peso (PHP) or agreed currency.

BrandLux reserves the right to suspend services for overdue accounts after providing written notice. Late payments may incur service charges of 2% per month or the maximum rate permitted by Philippine law, whichever is lower.

Additional services not included in original agreements will be billed at standard rates with prior client approval. Refund policies for prepaid services are outlined in specific service contracts and may vary based on project scope and completion status.

5. Intellectual Property Rights

All content, materials, designs, methodologies, and intellectual property developed by BrandLux in the course of providing services remain our exclusive property unless otherwise specified in writing. This includes marketing strategies, creative concepts, campaign materials, and proprietary tools.

Upon full payment, clients receive a license to use deliverables specifically created for their campaigns within the agreed scope and territory. BrandLux retains the right to use general methodologies and anonymized case studies for portfolio and marketing purposes.

Clients retain ownership of their pre-existing intellectual property, trademarks, and brand assets. You grant BrandLux necessary licenses to use your brand materials for campaign development and implementation within the scope of our services.

6. Confidentiality and Data Protection

BrandLux maintains strict confidentiality regarding all client information, business strategies, and proprietary data accessed during service provision. We implement industry-standard security measures to protect your information from unauthorized access, disclosure, or misuse.

Our data handling practices comply with the Philippine Data Privacy Act of 2012 and other applicable privacy regulations. Detailed information about our data collection, processing, and protection practices is available in our Privacy Policy.

We retain client data only as long as necessary to provide services and fulfill legal obligations. Upon termination of services, we provide reasonable assistance in data transfer and securely destroy or anonymize data according to agreed retention schedules and legal requirements.

7. Service Level and Performance

While we strive to provide exceptional service, BrandLux makes no warranties or guarantees regarding specific business outcomes, revenue increases, or marketing performance results. Marketing success depends on various factors beyond our control, including market conditions, competition, and client implementation.

Service level commitments, response times, and performance metrics are defined in individual service agreements. We continuously monitor campaign performance and provide regular reporting as specified in project scopes.

In case of service disruptions beyond our reasonable control, including force majeure events, technology failures, or third-party service interruptions, we will work diligently to minimize impact and restore normal operations as soon as possible.

8. Limitation of Liability

To the maximum extent permitted by Philippine law, BrandLux's total liability for any claims arising from or related to these Terms of Service or our services shall not exceed the total amount paid by you for the specific services giving rise to the claim in the twelve (12) months preceding the claim.

BrandLux shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, business opportunities, data, or goodwill, even if we have been advised of the possibility of such damages.

These limitations apply regardless of the theory of liability and survive termination of these terms. Some jurisdictions may not allow certain liability limitations, in which case our liability will be limited to the fullest extent permitted by applicable law.

9. Termination

Either party may terminate service agreements with written notice as specified in individual contracts. Upon termination, you remain responsible for payment of all services rendered and expenses incurred up to the termination date.

BrandLux reserves the right to suspend or terminate services immediately for material breach of these terms, non-payment, or violation of applicable laws. We will provide reasonable notice when possible, except in cases of serious breach or legal requirements.

Upon termination, access to our platform and services will cease, and we will provide final deliverables and reports as specified in your service agreement. Confidentiality obligations and intellectual property rights survive termination of services.

10. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these terms or our services shall be resolved through binding arbitration in Metro Manila, Philippines, under the Philippine Dispute Resolution Center, Inc. (PDRCI) rules.

Before initiating formal proceedings, parties agree to attempt good faith negotiation for at least thirty (30) days. If disputes cannot be resolved through negotiation or mediation, they shall be submitted to arbitration with a single arbitrator mutually agreed upon by both parties.

This dispute resolution clause does not prevent either party from seeking interim injunctive relief to protect intellectual property rights, confidential information, or prevent irreparable harm. The prevailing party in any dispute resolution proceeding is entitled to recover reasonable attorney fees and costs.

11. Modifications to Terms

BrandLux reserves the right to modify these Terms of Service at any time to reflect changes in our services, legal requirements, or business practices. We will notify users of material changes through our website, email, or direct communication at least thirty (30) days before effective dates.

Continued use of our services after modification effective dates constitutes acceptance of the updated terms. If you do not agree with modifications, you may terminate affected services before the effective date with written notice.

Version history and effective dates of these terms are maintained and available upon request. Material changes that significantly affect user rights or obligations will be highlighted in notifications.

12. Contact Information

13. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, such provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

The remaining provisions of these terms shall continue in full force and effect without impairment. The failure of BrandLux to enforce any right or provision of these terms shall not constitute a waiver of enforcement of that right or provision.