Welcome to POV Brand Management (“POV,” “we,” “us,” “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website at https://povbrandmgt.com/
(the “Site”), and any services provided by POV (collectively, the “Services”). By accessing or using the Site or Services, you agree to these Terms.
If you do not agree to these Terms, please do not use or access the Site or Services.
1. Eligibility & Acceptance
1.1 You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Site or engage our Services.
1.2 By using the Site or Services, you represent and warrant that you have legal capacity to enter into these Terms, that you will comply with all applicable laws, and that all information you provide is accurate and up to date.
1.3 We may refuse or terminate access or Services to anyone in our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
2. Services, Proposals & Contracts
2.1 Scope of Services. POV offers digital marketing, brand strategy, content creation, social media management, paid advertising, influencer marketing, email marketing, audits, packages, and related services (collectively “Services”). The exact deliverables, timeline, and fees will be set forth in a separate proposal or service agreement (“Service Agreement”).
2.2 Proposals & Acceptance. Proposals are valid for a specified period (e.g. 30 days) unless otherwise stated. Acceptance of a proposal is effective only when signed (or otherwise confirmed) by both parties and POV has received any required deposit.
2.3 Changes & Revisions. Any changes to the scope must be agreed in writing. Additional work outside scope may incur extra charges.
2.4 Deliverables & Ownership.
Upon full payment, you will own the final deliverables, unless otherwise agreed.
POV retains ownership of internal processes, templates, or proprietary tools used.
POV reserves the right to showcase work in its portfolio and marketing unless otherwise agreed in writing.
3. Fees, Payment & Refunds
3.1 Fees. Fees are specified in your Service Agreement. Payment is due within [15 or 30] days unless otherwise stated.
3.2 Deposits. Deposits may be required before work begins. Work will not start until payment is received.
3.3 Refunds & Cancellations.
If you cancel before work begins, partial refunds may be issued at POV’s discretion.
Once Services have started, refunds are not guaranteed.
One-off services (e.g. audits, consultations) are non-refundable.
3.4 Expenses. You agree to reimburse any pre-approved out-of-pocket expenses such as ad spend, stock assets, or travel.
4. Client Responsibilities
4.1 Provide accurate, timely information and feedback.
4.2 Ensure that any materials you provide do not infringe third-party rights.
4.3 Delays in providing feedback or content may delay timelines without liability to POV.
5. Intellectual Property
5.1 Client Materials. You grant POV a limited license to use your materials solely for delivering Services.
5.2 Third-Party Tools. If third-party assets are used (e.g. fonts, stock images), your use is subject to their licenses.
5.3 POV Rights. POV may retain copies of deliverables for portfolio or recordkeeping.
6. Confidentiality
6.1 Each party may receive confidential business information from the other.
6.2 Confidential information must not be disclosed without written consent, except where required by law.
7. Disclaimers & Limitations
7.1 POV does not guarantee specific outcomes (e.g. revenue increases, search rankings).
7.2 Services are provided “as is.” All warranties, express or implied, are disclaimed to the fullest extent allowed by law.
7.3 Limitation of Liability. POV’s total liability shall not exceed the amount you paid for Services. We are not liable for lost profits, indirect, incidental, or consequential damages.
8. Indemnification
You agree to indemnify and hold POV harmless from claims, damages, and expenses (including legal fees) resulting from your breach of these Terms or misuse of Services.
9. Termination
9.1 Either party may terminate with written notice.
9.2 If terminated, you must pay for work completed up to termination.
9.3 Sections on confidentiality, IP, indemnity, and limitations survive termination.
10. Governing Law & Dispute Resolution
10.1 Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
10.2 Venue & Jurisdiction. Any disputes shall be resolved exclusively in the state or federal courts located in New York County, New York. You consent to jurisdiction and venue in these courts.
10.3 Mediation/Arbitration (Optional). Parties agree to attempt mediation in New York before pursuing litigation or arbitration.
11. Updates to Terms
We may update these Terms at any time by posting the revised version on the Site. Your continued use of Services after changes constitutes acceptance.
12. Miscellaneous
Assignment: You may not transfer rights under these Terms without POV’s consent.
Force Majeure: Neither party is liable for delays beyond their control (e.g. natural disasters, strikes).
Severability: If one provision is invalid, the rest remain in effect.
Entire Agreement: These Terms plus any signed Service Agreement constitute the full agreement.