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Terms and Conditions

Be Dynamic Digital Marketing Limited will be referred to as Be Dynamic in the following T&C

Any contract/business entered into by Be Dynamic with any other party (will be referred to as the Customer/Client) is subject to the general terms and conditions laid out in this document.  All orders and commissions for services will be taken as an offer by the customer to purchase and will be subject to these terms and conditions.  Orders and commissions will be agreed in writing in the form of email, contract or letter.

Customer’s Obligations

The customer will be required to make available information to facilitate Be Dynamic carrying out the service required- this information will be provided in a timely manner and will not be disclosed to any third parties by Be Dynamic without prior permission from the customer.  Be Dynamic will not be responsible for any delays incurred due to the late provision of required information from the client.

Payment & Pricing Terms

  • SERVICES E.G. GOOGLE ADS SET UP, SEO, SOCIAL MEDIA ADS SET UP: A non-refundable payment of 50% of the total cost of the required service will be payable by the customer on confirmation of their acceptance of the service offered by the Company and prior to work commencement.  The remaining 50% will be due on completion of service (definition of completion of service: completion of service is when the physical work is completed and not when results are seen).
  • MEETINGS: a minimum of 72 hours (Monday – Friday) is required if you need to cancel a consultancy session/meeting or private training course. If you do not turn up to a meeting (are a no-show) that has been arranged and agreed with you via email or calendar meeting acceptance, you forfeit the time and will be billed for the full meeting time or the time will be deducted from the overall project timeline, this is only relevant in cases where all session have been invoiced and paid for in advance.
  • TRAINING WORKSHOPS, SEMINARS/WEBINARS:
    • Payment will be due within 14 days from receipt of the invoice.
    • Short half day/1 day courses: 5 working days notice is required for cancellations. If a training workshop or seminar/webinar is cancelled within 48 hours of the day of delivery 100% payment will be due and 75% due if cancelled within 72 hours of days of delivery and 33% if cancelled within 4-5 days (includes weekends and bank holidays). 5+ days no cancellation fee is charged.
    • Longer Programmes – 2+ modules: 10 working days notice is required for cancellations. If a training workshop or seminar/webinar is cancelled within 96 hours of the day of delivery 100% payment will be due and 75% due if cancelled within 72 hours of days of delivery and 25% if cancelled within 3-10 days. Includes weekends and bank holidays.
  • VAT is to be included which shall be due at the rate ruling on the date of the VAT invoice.
  • All quotes are valid until the date published in the quotation and upon placing your order you are deemed to have entered into a contract with Be Dynamic and to have accepted our terms and conditions and the rates and fees as set out on the relevant quote and/or invoice.  See the comments above with respect to acceptance.
  • The company reserves the right to charge extra for additional work/services required.  Additional work will be charged at a rate of €125 plus VAT per hour and will include any additional work not outlined in the initial quote.
  • No party shall be liable for any default due to any act of God, telecommunications delays, shortages or outages, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation direction or other circumstance beyond the reasonable control of either party (“Force Majeure Event”)
  • Optimisation services:  While we will do everything to ensure that your website receives a page one listing in search engines this cannot be guaranteed as it is an ever-changing area. Google changes their algorithm regularly and we make time to ensure that we fully understand how Google works and our success can be seen in our portfolio which can be requested at any time.
  • GDPR Compliance: If Be Dynamic is engaged to run advertising campaigns on your behalf across any social media platforms, it is your responsibility to ensure that your organisation is fully compliant with the General Data Protection Regulation (GDPR). This includes, but is not limited to, having a clear and accessible cookie notice and consent mechanism in place on your website, which informs users about the use of cookies and tracking technologies associated with online advertising. By working with Be Dynamic, you confirm that appropriate GDPR-compliant measures are in place to protect user data and that you understand your obligations as a data controller. Be Dynamic cannot be held liable for any non-compliance relating to your website or data handling practices.

Social Media Management

1. Scope of Service

When providing social media management services, Be Dynamic Digital marketing Ltd ta Be Dynamic may post, schedule, run ads, or otherwise manage content across platforms such as Facebook, Instagram, TikTok, LinkedIn, and other relevant channels on behalf of the client. All content will be created, posted, or approved in line with the strategy and objectives agreed with the client.

2. Client Responsibilities

The client is responsible for:

  • Supplying accurate, lawful, and appropriate content, materials, and information for use across their social media accounts.
  • Ensuring that all images, videos, graphics, music, text, or any other content provided or approved for use are owned by the client or properly licensed for use on social media.
  • Maintaining up-to-date access credentials (such as logins or permissions) required for Be Dynamic Digital marketing Ltd ta Be Dynamic to deliver the agreed services.

3. Copyright and Intellectual Property

Be Dynamic Digital marketing Ltd ta Be Dynamic acts on behalf of the client using materials and assets supplied and/or approved by the client. It is the client’s responsibility to ensure that all content used on their social media accounts complies with copyright, trademark, and other applicable intellectual property laws.

Be Dynamic Digital marketing Ltd ta Be Dynamic accepts no liability for any copyright infringement, intellectual property breach, or platform penalties resulting from the use of unauthorised or unlicensed content provided or approved by the client.

The client agrees to indemnify and hold harmless Be Dynamic Digital marketing Ltd ta Be Dynamic, its employees, and contractors from any claims, damages, or expenses arising from such breaches.

4. Account Ownership and Access

All social media accounts remain the property of the client. Be Dynamic Digital marketing Ltd ta Be Dynamic will not create or control accounts in its own name unless expressly agreed in writing. Upon termination of services, all access provided to Be Dynamic Digital marketing Ltd ta Be Dynamic will be revoked by the client.

5. Platform Compliance

The client acknowledges that all social media platforms operate under their own terms of service. Be Dynamic Digital marketing Ltd ta Be Dynamic will take reasonable care to adhere to best practice and platform policies, but is not responsible for any account suspensions, removals, or restrictions imposed by third-party platforms.

Law

The contract between the Company and the Customer of which these Conditions form part shall be governed by the laws of the Republic of Ireland and the parties submit to the non-exclusive jurisdiction of the Irish Courts

Disclaimer – Website Content

Be Dynamic will make every effort to present accurate and reliable information on our website and any social or business networking page/account or blog managed by Be Dynamic but cannot guarantee its accuracy or completeness.

Third-Party Products/Software/Partners

Be Dynamic cannot offer any guarantees or accept liability for any third-party products/services it uses/endorses/recommends.   Endorsements/recommendations will be made based on Be Dynamic’s own experience with the service/products/software and cannot accept liability for any issues or breakages that may arise directly or indirectly as a result of using these services/products/packages.

Be Dynamic reserves the right to edit/change these terms and conditions without prior notice.