The terms that govern our website and the engagements we enter into with clients.
Template policy — review with legal counsel before publishing.
These Terms of Service ("Terms") govern your use of the BEM Solutions LLC ("BEM," "we," "us") website and, where applicable, the services we provide. Specific engagements are also governed by a separate written agreement or statement of work, which controls if it conflicts with these Terms.
BEM provides marketing, content, advertising, media, and custom technology and AI services. The specific deliverables, timelines, and responsibilities for any engagement are defined in a proposal, statement of work, or written agreement between BEM and the client.
Fees, billing schedules, and payment terms are set out in the applicable agreement or statement of work. Unless otherwise stated, invoices are due as specified in that document. Late or unpaid amounts may result in suspension of services. Third-party costs (such as ad spend or platform fees) are the client's responsibility unless agreed otherwise.
You own what we build for you. Upon full payment, final deliverables, custom assets, data, and intellectual property created specifically for a client as part of an engagement belong to that client. BEM retains ownership of its own pre-existing tools, frameworks, methodologies, software, and know-how, including any general improvements to them, and may grant the client a license to use these as needed to benefit from the deliverables.
Each party agrees to protect the other's confidential information and to use it only for purposes of the engagement. This obligation continues after the engagement ends and does not apply to information that is public, independently developed, or required to be disclosed by law.
BEM performs its services in a professional manner. However, except as expressly stated in a written agreement, our website and services are provided "as is" without warranties of any kind, whether express or implied. We do not guarantee specific business results, rankings, revenue, or performance outcomes, which depend on many factors outside our control.
To the maximum extent permitted by law, BEM is not liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services. Any limitation of BEM's total liability will be set out in the applicable written agreement.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any disputes will be subject to the courts located in Texas, unless a separate agreement provides otherwise.
Questions about these Terms? Email [email protected]. BEM Solutions LLC is based in Houston, TX, USA.