This website is owned and maintained by Branbee, LLC. By using this website and Branbee's services, you are entering into this Agreement with Branbee, LLC, and indicating that you agree to these terms of service. If you do not agree with these terms and conditions, please do not use this website. You can contact us if you have any questions.
1. Eligibility for Free Services
Branbee offers certain services at no cost, including a free marketing plan and a free website for qualifying businesses. However, not all applicants will be eligible. Branbee reserves the right, at its sole discretion, to determine who qualifies for these services. Submitting a request does not guarantee approval or delivery of a free service.
2. No Guarantee of a Specific Result
Regardless of any perceived representation to the contrary, Branbee in no way guarantees a specific result for the Client. The Client understands and agrees that they are paying Branbee for its services to generate results, but results are never guaranteed. It is understood and agreed that Branbee has no control over platforms like Google, Facebook, or other advertising platforms, and any changes made by them may affect results.
3. Non-Disparagement
The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors, or employees, whether during the term or after termination of this Agreement. This applies to all forms of social media and online forums. Nothing herein shall prevent any Party from making truthful statements in connection with legal proceedings or investigations by governmental authorities.
4. Limitation of Liability
Branbee shall perform the services described in the applicable proposal with commercially reasonable care and skill; however, except as expressly stated herein, Branbee makes no warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or any warranty arising from course of dealing or usage of trade. Under no circumstances shall Branbee be liable to the Client for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, data, revenue, business opportunity, or goodwill, arising out of or related to this Agreement, even if Branbee has been advised of the possibility of such damages. Branbee’s maximum aggregate liability for any claims arising under or related to this Agreement shall not exceed the total amount paid by the Client for services during the three (3) months preceding the event giving rise to such claim. The Client acknowledges that these limitations of liability are a material part of the consideration for this Agreement.
5. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, governmental actions, failure or interruption of utilities, internet service providers, or third-party platforms, epidemics or pandemics, or other similar events or circumstances. Such delay or failure shall not constitute a breach of this Agreement. Notwithstanding the foregoing, lack of funds shall not be considered a force majeure event.
6. Default
In the event the Client fails to pay fees or charges under this Agreement, Branbee may pause or terminate services until the default is resolved.
7. Governing Law
This Agreement shall be governed by the laws of the State of Texas without regard to choice-of-law provisions.
8. Attorney’s Fees
In any litigation, arbitration, or dispute arising under this Agreement, each Party shall recover reasonable attorney’s fees and litigation costs.
9. Entire Agreement
This Agreement constitutes the entire understanding between the Parties regarding its subject matter and supersedes all prior communications or agreements. Amendments must be in writing and signed by both Parties.
10. Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Assignment and Successors
The rights and obligations under this Agreement may not be transferred or assigned without prior written consent. Subject to this, the Agreement shall benefit the Parties and their respective successors.
The Client agrees to these terms as of the Effective Date, which begins at the kick-off meeting between the Client and Branbee.
