Welcome to Brito Marketing and BritoCRM, leaders in digital marketing solutions and customer relationship management (CRM). These Terms and Conditions (“Terms”) set forth the legal conditions governing the provision of our services, applicable to both formal contracts and services acquired through invoice payments.

Acceptance: By signing a contract or making a payment for any invoice issued by Brito Marketing or BritoCRM, you (the “Client”) fully accept these Terms and our [Privacy Policy](insert link to privacy policy). These Terms complement individual contracts without replacing them; in case of conflict, the terms of the signed contract will prevail.

1. Services Provided

Brito Marketing and BritoCRM offer specialized services, including but not limited to:

• Digital Marketing: Optimized advertising on platforms such as Facebook, Instagram, Google, and TikTok; campaign management, content creation, and personalized strategies.
• Design and Production: Graphic design, premium video production, and efficient website maintenance.
• CRM: Advanced software and customer relationship management services through BritoCRM (see additional terms at: BritoCRM Terms).

The specific services contracted will be detailed in the corresponding contract or invoice.

2. Acceptance and Legal Binding

• Acceptance: Signing a contract or paying an invoice constitutes a binding agreement with Brito Marketing and/or BritoCRM, accepting these Terms and the Privacy Policy.
• Application: These Terms govern all interactions with our services, whether or not a formal contract exists.
• Modifications: We reserve the right to update these Terms at any time. Changes will be posted on our website and take effect immediately, without affecting existing contracts until their renewal or the next invoice payment.

3. Compensation and Payments

• Prepayment: All services require payment in advance, either in full for one-time projects or monthly for recurring services, as stipulated in the invoice or contract.
• Monthly Billing: Recurring services are automatically charged on the first day of each month, unless the service start date sets a different day. The monthly charge date will match the day of the month of your first payment (e.g., if you paid on the 3rd, it will be charged every 3rd). By making a payment, you agree to continue under these Terms.
• Late Payment Fees:
  • A late fee of 1.5% per month will be applied to overdue balances.
  • If payment is not settled within 5 business days after notification, an additional fee of 15% of the monthly amount will be added for each month of delay.
• Non-Payment Consequences: We reserve the right to suspend services after 5 business days of non-payment and cancel them after 10 business days, retaining prior payments as compensation for services already provided.
• Payment Updates: The Client must notify us of any changes to payment information at least 5 days before the next charge.

4. Duration, Renewal, and Cancellation

• Duration: Services under a contract have a specified minimum term (e.g., 3 months). Without a contract, the minimum term is the paid billing cycle.
• Automatic Renewal: Recurring services renew automatically for periods of 3 or 6 months, unless written cancellation notice is provided at least 15 days prior, sent to:
  • Brito Marketing: info@britomarketing.com
  • BritoCRM: info@britocrm.com
    depending on the service and company division.
• Cancellation:
  • Requires written notice 30 days in advance (or as per contract).
  • Services already provided are non-refundable.
• Inactive Projects: We may cancel projects inactive for over 30 days without prior notice, retaining any payments made.

5. Refund Policy

• Right of Withdrawal:
  • For services purchased via invoice without a contract, the Client has 3 days (72 hours) from the initial payment to withdraw and receive a full refund, provided work has not started. After 72 hours, no refunds will be issued.
  • For signed contracts, a full refund applies if canceled within 3 days of signing, unless otherwise stated in the contract.
• Non-Refundable: No refunds will be provided for:
  • Services already delivered, started, or non-recoverable.
  • Digital marketing packages, web design, hosting, or third-party services (SEO, PPC, etc.).
  • Abandoned projects, with the Client remaining responsible for agreed payments.

6. Intellectual Property and Licenses

• Ownership: Brito Marketing and BritoCRM retain absolute ownership of all created materials, including but not limited to commercials, videos, graphic designs, advertising copy, strategies, CRM software, photographs, music, and any creative material prepared or produced by the Agency, even after service ends.
• Use During Service: The Client receives a non-exclusive license to use the materials while the service is active and payments are current.
• Post-Service Use: After contract termination or payment cessation, the Client may not use these materials without purchasing an Intellectual Property Usage License, available at: [link to license page].
  • License Options:
    • Basic: Limited use for 6 months or 1 year.
    • Perpetual: Indefinite use.
    • Exclusive: Exclusive use for the Client.
    • RAW: Access to raw materials.
  • Terms and costs will be defined at the time of purchase.
• Legal Protection: Unauthorized use constitutes copyright infringement and will result in legal action, including claims for damages.

7. Client Responsibilities

The Client agrees to:

• Provide all required information and materials (images, videos, data) within agreed deadlines (e.g., the first 5 days of the month for monthly services).
• Participate in meetings and reviews when requested.
• Approve or provide feedback on deliverables promptly.
• Make timely payments, including approved additional expenses.
• Respect the intellectual property and copyrights of Brito Marketing and BritoCRM, refraining from reproducing or distributing them without written authorization.
• Not attempt to directly contact Brito Marketing or BritoCRM employees through personal means or request services outside the official contract or billing framework. Violation of this clause incurs a penalty of USD $30,000, plus legal action for harm to the Agency’s integrity and reputation.
• Refrain from making defamatory statements about the Agency, its services, or staff.

8. Agency Obligations

Brito Marketing and BritoCRM commit to:

• Provide professional services meeting agreed standards and deadlines.
• Maintain transparent and timely communication with the Client.
• Protect the confidentiality of Client-provided information.
• Reasonably adapt to Client requests within the scope of the contracted service.

9. Confidentiality and Trade Secrets

• Confidentiality: All information exchanged between the parties is confidential and will not be disclosed without written consent, except as required by law.
• Trade Secrets: Information classified as a trade secret under the Florida Uniform Trade Secrets Act (Chapter 688) will be protected with the utmost care by both parties.

10. Delivery and Delays

• Schedule: Delivery timelines will be set in the contract or invoice.
• Delay Responsibility: The Agency is not liable for delays in project delivery or actions caused by the Client’s failure to provide required information or materials by agreed dates. In such cases, deadlines will be adjusted proportionally to the delay, without prejudice to the Agency.
• Flexibility: We will strive to adapt to unforeseen circumstances, always prioritizing the quality of the final result.

11. Additional Expenses

• The Client will cover additional costs (software, stock photos, music, domains, etc.) pre-approved or detailed in the contract or invoice.

12. Limitation of Liability

• Damage Exclusion: Brito Marketing and BritoCRM are not liable for indirect, incidental, consequential, or punitive damages arising from the use of our services, unless otherwise stated in the contract.
• Limit: Our maximum liability is capped at the total amount paid by the Client in the last 6 months.
• Third Parties: We are not responsible for the Client’s debts or obligations to third parties (digital platforms, suppliers, etc.).

13. Indemnification

• The Client will indemnify and hold harmless Brito Marketing and BritoCRM from any claims, losses, damages, or costs (including legal fees) arising from their breach of these Terms, the contract, or invoice, including intellectual property violations or misuse of our services.

14. Governing Law and Dispute Resolution

• Jurisdiction: These Terms and our services are governed exclusively by the laws of the State of Florida, USA.
• Courts: Any disputes will be resolved in the courts of Miami-Dade County, following an attempt at mediation between the parties.

15. Non-Defamation Clause

• The Client will refrain from making negative, defamatory, or harmful statements about Brito Marketing, BritoCRM, their services, employees, or executives in any medium. Violation of this clause will lead to legal action for damages.

16. Privacy Policy

• By accepting these Terms through a contract or invoice payment, the Client also accepts our [Privacy Policy](insert link), which details the collection, use, and protection of their information.

17. Contact

• For notifications, inquiries, or cancellations:
  • Brito Marketing: info@britomarketing.com | 800-899-0408 (text, WhatsApp, call)
  • BritoCRM: info@britocrm.com | 800-899-0408 (text, WhatsApp, call)