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.
Dynamic Insider Membership
Membership and Monthly Payments
The Dynamic Insider is a recurring monthly membership service provided by Be Dynamic. By purchasing a membership, you authorise us and our payment provider to charge the applicable membership fee to your chosen payment method on a recurring monthly basis until you cancel your membership. The applicable membership price will be clearly displayed when you join. There is no minimum membership period unless otherwise stated at the time of purchase.
Automatic Renewal
Your membership will automatically renew each month and the applicable monthly membership fee will be charged using your chosen payment method unless you cancel before your next scheduled payment date. It is your responsibility to ensure that your payment and account information remains accurate and up to date.
Cancelling Your Membership
You may cancel your Dynamic Insider membership at any time. You can cancel through the cancellation option within your membership account. If you experience difficulty cancelling your membership, please contact us. When you cancel a recurring membership, future recurring payments will be stopped. Unless otherwise stated, you will continue to have access to the Dynamic Insider until the end of the membership period for which you have already paid. After this date, your membership will expire and you will no longer have access to member-only content, resources or benefits.
Refunds
Monthly membership fees already paid are generally non-refundable, including where you choose to cancel part-way through a monthly membership period. Cancelling your membership prevents future recurring payments but does not automatically entitle you to a refund for a membership period that has already commenced. Nothing in these Terms and Conditions affects your statutory rights. Where you have a legal right to cancel, withdraw from the contract, receive a refund, price reduction or other remedy under applicable Irish or EU consumer law, those rights will continue to apply.
Access to Membership Content
Access to the Dynamic Insider and its resources is provided for the personal/business use of the individual member and must not be shared with other individuals or businesses unless expressly permitted by Be Dynamic. Your login details should be kept secure and should not be shared with others. Membership resources, including videos, templates, checklists, prompts, documents, webinars and other materials, remain the intellectual property of Be Dynamic unless otherwise stated. Membership materials may be used by members within their own business but may not be copied, reproduced, resold, redistributed, published, uploaded to another platform or used for commercial training or consultancy purposes without prior written permission.
Membership Content and Availability
We aim to provide the membership services, resources and activities described as part of the Dynamic Insider. However, individual resources, webinar dates, AMA sessions, features and other membership benefits may be updated, replaced, rescheduled or changed from time to time. We reserve the right to make reasonable changes to the membership to improve or update the service.
Membership Communications
As part of your membership, we may send you communications necessary to operate and deliver the Dynamic Insider, including information about your account, payments, membership resources, service updates and membership activities. Where communications constitute direct marketing rather than communications necessary to provide your membership, you will have the appropriate option to unsubscribe.
Suspension or Termination
We reserve the right to suspend or terminate a membership where a member materially breaches these Terms and Conditions, misuses the membership service, shares restricted membership content or account access without permission, or engages in behaviour that significantly disrupts the membership community or services.
Where appropriate, we will endeavour to contact the member before taking such action.
Changes to Membership Fees
We may change the price of the Dynamic Insider membership from time to time.
Where a price change affects an existing recurring membership, we will provide appropriate advance notice before the new price applies. Members who do not wish to continue at the revised price may cancel their membership before the new price takes effect.
Statutory Consumer Rights
Nothing in these Terms and Conditions is intended to exclude or restrict any rights you may have under applicable Irish or EU consumer protection law.
Where you are entitled to a statutory cooling-off period, right of withdrawal or other consumer remedy, those rights will apply regardless of anything else contained in these Terms and Conditions.
Be Dynamic reserves the right to edit/change these terms and conditions without prior notice.