Terms and Conditions

Terms and Conditions

1. Services Provided

Brand Hive Africa provides digital marketing services including but not limited to:

• Campaign strategy and management
• Marketing automation implementation
• Funnel design and optimization
• Email marketing
• Paid advertising management
• Website development
• Analytics and reporting

Services are detailed in individual Service Agreements executed for each engagement.

2. Service Agreements

Each client engagement requires a signed Service Agreement specifying:

• Scope of work
• Timeline
• Investment amount
• Performance indicators
• Payment schedule

These Terms supplement but don’t replace individual Service Agreements.

3. Payment Terms

3.1 Fees All fees are quoted in Ghana Cedis (GHS) unless otherwise specified. Fees are exclusive of taxes, which you’re responsible for paying.

3.2 Payment Schedule

• Retainer clients: Monthly in advance by the 1st
• Project clients: 50% to commence, 50% on completion
• Late payments incur 5% penalty after 7 days

3.3 Ad Spend You pay advertising platforms directly. We never handle ad spend money. You must maintain sufficient budget for agreed campaigns.

4. Performance Guarantee

4.1 ROI Guarantee Terms We guarantee positive ROI within 90 days subject to:

• Minimum ₵5,000 monthly ad spend
• Implementation of our full recommendations
• Timely approval of campaigns
• Accurate tracking implementation

4.2 Remedy If positive ROI isn’t achieved within 90 days, we continue service without monthly fees until achieved, up to 6 additional months.

5. Client Obligations

You agree to:

• Provide timely access to all accounts and platforms
• Share accurate business and sales data
• Approve or request revisions within 3 business days
• Maintain adequate ad spend budget
• Attend scheduled calls and meetings

Failure to meet obligations may void guarantees and result in service suspension.

6. Intellectual Property

6.1 Client Materials You retain ownership of all materials you provide to us.

6.2 Deliverables Upon full payment, you own all custom materials we create for you, except our proprietary methods and frameworks.

6.3 Portfolio Rights We may showcase your campaigns in our portfolio unless you execute a non-disclosure agreement.

7. Confidentiality

Both parties agree to protect confidential information including:

• Business strategies
• Customer data
• Pricing information
• Proprietary methods
• Campaign performance data

This obligation survives termination for 3 years.

8. Data Protection

8.1 Compliance We comply with Ghana’s Data Protection Act, 2012 (Act 843) and applicable international regulations.

8.2 Data Use We process data solely for campaign performance. We never sell client or customer data.

8.3 Security We implement industry-standard security measures but cannot guarantee absolute security.

9. Limitation of Liability

9.1 Service Liability Our maximum liability for any claim is limited to the fees you paid in the 3 months preceding the claim.

9.2 Exclusions We’re not liable for:

• Lost profits or business opportunities
• Platform outages or changes
• Force majeure events
• Your failure to implement recommendations

10. Termination

10.1 Term Minimum engagement is 6 months for retainer clients, project length for project clients.

10.2 Termination for Convenience Either party may terminate with 30 days written notice after minimum term.

10.3 Termination for Cause Immediate termination allowed for:

• Material breach not cured within 7 days
• Bankruptcy or insolvency
• Illegal or unethical requests

10.4 Effect of Termination Upon termination:

• We transfer all accounts and data
• You pay outstanding invoices
• Confidentiality obligations continue
• You receive all paid-for deliverables

11. Dispute Resolution

11.1 Good Faith Resolution Parties attempt resolution through direct negotiation for 30 days.

11.2 Arbitration Unresolved disputes go to binding arbitration in Accra, Ghana, under Ghana Arbitration Centre rules.

11.3 Injunctive Relief Either party may seek injunctive relief for confidentiality breaches or intellectual property violations.

12. General Provisions

12.1 Entire Agreement These Terms and your Service Agreement constitute the complete agreement.

12.2 Amendments We may update Terms with 30 days notice. Continued service constitutes acceptance.

12.3 Governing Law These Terms are governed by the laws of Ghana.

12.4 Severability If any provision is invalid, the remainder continues in full effect.

12.5 No Waiver Failure to enforce any provision isn’t a waiver of that provision.

13. Specific Service Terms

13.1 Paid Advertising

• You maintain ownership of ad accounts
• We require admin access for management
• You’re responsible for ad spend and compliance
• Results depend on factors beyond our control

13.2 Website Development

• Hosting and domains are your responsibility
• We warrant sites are functional for 90 days post-launch
• Maintenance requires separate agreement
• Third-party plugin issues aren’t our responsibility

13.3 Email Marketing

• You warrant your list is legally obtained
• You’re responsible for unsubscribe compliance
• We’re not liable for deliverability beyond our control

14. Contact Information

Legal notices to Brand Hive Africa: Email: legal@brandhiveafrica.com Address: [Your Legal Address] Accra, Ghana

Response time: 48 hours for legal matters

Acceptance

By engaging our services, you acknowledge that you’ve read, understood, and agree to these Terms and Conditions.

Questions about these terms? Email: legal@brandhiveafrica.com Call: +233 XX XXX XXXX

These Terms are written in plain language because we believe you should understand what you’re agreeing to. If anything is unclear, ask us.