Last updated February 6th, 2024
This is a legal agreement between You ("You", "Your", "Client") and Bobbles Digital Marketing LLC (the “Provider”, “Developer”, "We", "Us", "Our", "Service Provider", "Creative Team"). By using the Bobbles Creative Subscription Service (the "Service", "Subscription"), You agree to be bound by the terms and conditions of this agreement. If You do not agree to these terms, You may not use the Service.
The Monthly Subscription Service, offered by Bobbles Digital Marketing LLC, delivers continuous video services to support your business. As part of your subscription, we present a catalog of videos on our portal. The list of services may be updated occasionally, with notifications sent to you for any changes affecting your subscription. You'll gain access to our portal, enabling you to review your existing video projects and request new ones. Your dashboard will display your monthly allowance based on your plan.
The subscription plans are as follows:
With your "Done for You" subscription, you receive a complete 8-hour content day each month, during which our Bobbles Video Team will capture high-quality video content for you. This package includes the option of a "Creative Meeting" before each shoot and access to our Post Production Team. The breakdown of our "Done for You" packages is as follows:
Maximum of two unique locations Youtube and Portrait Thumbnails included
You can have a maximum of one social media export per delivered minute. For instance, if your YouTube video is 10 minutes long, we can provide up to 10 exports, contingent on the content. Maximum of two unique locations Youtube Thumbnails included
One Location only Portrait Thumbnail included
You are NOT limited to the same package every month. You can mix and match according to Your Marketing Goals and Objectives.
With your "Done with You" subscription, you'll benefit from a Creative Kick Start Meeting, where we'll provide you with 30 unique video ideas for your independent content creation. This package also includes our "Weekly Group Meeting" conducted remotely. Additionally, you'll receive either 10 Social Media video edits (up to 90 seconds each) for the footage you shoot or 5 YouTube video edits (up to 5 minutes each) for the footage you capture. Please note that the subscription renews monthly, and unused edits do not roll over. You are required to upload footage following our guidelines on our dashboard. We are available to address any questions you may have in this regard.
Unless otherwise stated, all subscription fees are quoted in US Dollars. The subscription fees are to be paid monthly in advance.
We'd be disappointed to see you go, but you have the flexibility to cancel your "Done For You" subscription at any time after the initial 3 months. If you decide to cancel, you won't be charged for the following month, but the current month's charge is non-refundable. The same cancellation policy applies to the "Done With You" subscription. For the "Done With You" package, we offer a 7-day money-back guarantee. If you wish to cancel, please contact us before receiving your 30 video idea document. Upon receiving our document, please be aware that your ability to cancel the subscription and receive a full refund may not be possible. For the "Done For You" subscription, we'll continue providing the services you've paid for, and we allow "credit roll-overs." This means if you don't shoot in a given month, you can accumulate credits. On the other hand, for the "Done With You" subscription, we do not permit "credit roll-overs" for video edits, and the package renews monthly.
There is no fixed hard limit to the number of tasks You can request in a month, however there are factors that may limit the number of tasks You can request in a month, such as:
For example, in a given month You may choose to request several small tasks, fewer larger tasks, or a combination of smaller and larger tasks, if that is within the limits set by Your subscription plan as exemplified above.
Furthermore, We may not be able to work on a task if it is outside of the scope of the subscription plan You selected. If You need a task that is outside of the scope of Your subscription plan, You will need to upgrade Your subscription to a higher tier, or come up with an arrangement with the Creative Team.
You may create a queue of tasks to be worked on. The queue will be processed in the order of Your preference. If You do not specify a preference, We will process the queue in the order in which the tasks were requested.
For details on task lead times and which task types are included with Your subscription, please refer to the subscription tier You selected (or Our sales team) for details on the lead time that applies to You. We reserve the right to change the lead time for each task type at any time. We will notify You of any changes to task lead times with at least 10 business days in advance, if the change will affect Your use of the Service.
The new lead times will apply to all future tasks (including tasks that have been queued but not started by Us) from the moment the change is effective. The lead times for tasks that were started before the effective change will not be affected.
Although We try Our best to provide a standardized list of task types and their lead times, We understand that providing custom services can bring unique situations. Once We receive Your task request with Your description, We reserve the right to:
We will do a best effort to keep You notified of significant changes to tasks (such as the changes exemplified above), but We are under no obligation to notify You on every change. It is also Your responsibility to occasionally keep track of the task board in the portal, and communicate with Us if You have any questions or concerns.
We will notify You when a task is completed. We will keep the task in the "To Review" status, to give You a chance review the task and provide feedback. We generally wait until You provide feedback or approval in order to close it. However, We reserve the right to mark the task as completed under the following circumstances:
If You are not satisfied with the task, You may request revisions. We will estimate the size of the revisions requested, and provide You with an estimate of the lead time to complete the revisions. The lead time will be based on the usual lead time of a task of similar size. The revision may be tracked as a separate task, or as a revision to the original task (with the extra lead time added to it), at Our sole discretion.
Revisions count towards the number of tasks that can be worked on at once. For example, if You have a subscription that allows You to get work on 1 task at once, and You have 1 revision in progress, We will not be able to work on any other tasks during the revision is completed.
The specific rules of task cancellation will generally depend on two factors:
For tasks that do not involve a scheduled event with Us, and does not cost credits, the following rules apply:
If a task involves a scheduled event with Us (e.g. a Video shoot), and costs credits, the following rules apply:
If a task involves a scheduled event with Us (e.g. a Video shoot), You may reschedule the event, subject to the following rules:
Rescheduling is subject to Our availability.
If a task involves a scheduled event with Us (e.g. a Video shoot), and You do not show up for the event, We reserve the right to not refund any credits back to Your account, or to refund only a portion of the credits spent on the task back to Your account, at Our sole discretion (depending on the amount of work done, and the circumstances of the no-show).
We understand that sometimes You may have a shift in priorities, and You may need to pause a task in progress to prioritize another one. You may pause a task in progress at any time. If You do, We will stop working on the task, and free up that task slot so that We can start working on Your other tasks in the queue.
The lead time spent on the task will be saved, and will be paused until You resume the task. Once You resume, the lead time will resume from where it was paused. For example, if You pause a task that has a 2 week lead time after 1 week, and You resume it later, the remainder of the task will be completed in 1 week.
Please note that You cannot "pause" a task with a scheduled event with Us right before the event. Any pausing of such tasks within 72 hours of the scheduled event will be treated as a rescheduling of the event, and will be subject to the rescheduling rules above.
We may need to clarify some details of Your task request. We will contact You to clarify the details. This time will not be counted towards the lead time of the task, and You will not be charged for the time We spend clarifying the details.
Please be aware that We may not be able to start work on a task if We do not have enough information to complete the task, which could result in a delay.
If We do not receive a response from You within 5 business days, We may choose to proceed with the task based on the information We have, or to select the following task from the queue.
If We need clarification on a task that is in progress, We will pause the task until We receive Your response, and work on the following task in the queue, if any. If We do not receive a response from You within 5 business days, We may choose to proceed with the task based on the information We have, or to select the following task from the queue.
We provide some infrastructure as part of the Services We offer, at no extra cost. For example:
However, there are third-party costs that We cannot cover. For example:
Here are some examples for illustrative purposes:
(Note: the above list is not exhaustive, and is provided for illustrative purposes only. Please contact Us if You have any questions about third-party costs and infrastructure.)
The payment for third-party costs and infrastructure is Your responsibility. Depending on the circumstances, The Client and the Provider may agree to one of the following:
Note: We reserve the right to reject any third-party resources that You provide at Our sole discretion, for reasons such as (but not limited to):
If You request a video shoot, We will do Our best to accommodate Your request. However, We reserve the right to reject Your request for a video shoot at Our sole discretion, for reasons such as (but not limited to):
If We reject Your request for a video shoot, We will refund the credits spent on the task back to Your account.
Although We will make a good faith effort to provide the services on time and with the quality You expect, You acknowledge and understand that there are certain events that are beyond Our control, and that may affect Our ability to provide the services You have paid for. Those events include, but are not limited to:
We will attempt to notify You of any such events as soon as We become aware of them, or as soon as possible. We will also attempt to provide You with an estimate of the duration of the event, and the impact it will have on Our ability to provide the services You have paid for.
We will not be held responsible for any delays or failures to provide the services You have paid for if those delays or failures are caused by a force majeure event, nor any damages that may result from those delays or failures. We will make a good faith effort to provide the services as soon as possible after the force majeure event is over.
If the force majeure event disrupts the service for more than 10 days, We can provide You with a refund for the unused period of Your subscription, calculated on a pro-rated basis.
We may occasionally submit a task that We think You may need to Your queue. We will place it at the bottom of Your queue until You accept or reject it, to make sure We work on the tasks You requested first.
You may choose to accept the task and move it to a higher priority in the queue, or to reject the task. If You reject the task, We will remove it from the queue.
If Your queue has no tasks requested by You, We may start working on tasks that We submitted automatically. This is an optional feature, and You may disable it at any time. If You disable it, We will not work on any tasks submitted by Us until You have explicitly approved them.
The Service is a monthly subscription service that provides You with ongoing creative services to help Your business in areas related to website design and development, custom software development, video production, website analytics, and optimization, and other related services (specific services depends on the plan purchased). The Service is provided by Bobbles Digital Marketing LLC.
We place a list of tasks that We provide on Our portal as part of Your Subscription. We may add or remove services from time to time. We will notify You of any changes to the list of services We provide, if they impact You.
With a subscription to the Service, You will receive access to all of the Services We provide, or a subset of them, depending on the plan You choose. You will also receive access to Our portal, where You can view Your tasks, and request new tasks.
Depending on the plan, You might be limited to a single task at a time. If You need to work on multiple tasks at once, You will need to upgrade Your subscription to a higher tier. The lead time for each task will vary depending on the complexity of the task, and the subscription tier You are on. Higher subscription tiers will have generally a shorter lead time.
On certain plans, tasks might cost credits. In those plans, You will receive a certain number of credits per month. You may use those credits to request tasks. If You need more credits, You will need to upgrade Your subscription to a higher tier.
The subscription plans are outlined on Our website, or delivered to You by Our sales team. The subscription plans are subject to change at any time. We will notify You of any changes to the subscription plans if they impact Your use of the Service.
The subscription plans will show details such as:
Unless otherwise stated, all subscription fees are quoted in US Dollars. The subscription fees are to be paid monthly in advance.
We would hate to see You go. However, You may cancel Your subscription at any time. If You cancel Your subscription, You will not be charged on the following month. You will be charged for the current month, and that charge will be non-refundable.
We will continue to provide You with the services You have paid for until the end of that month. Tasks that are scheduled to be completed in the following month will be automatically cancelled. New tasks will only be accepted as long as the scheduled end date is within the paid period.
Exceptions apply if You sign up for a "First website creation deal", where You may be charged a cancellation fee if You cancel Your subscription within the minimum term of the subscription. More details on that below.
We may offer special deals for the creation of Your first website with Us. Those special deals allow You to:
This is done as a way to show appreciation for Your business and trust in Our services.
In exchange, those deals generally require a minimum contract term, and an upfront fee. The upfront fee is to be paid in full before We start working on Your website.
If You cancel Your subscription before the end the contract term, You will be charged an early cancellation fee stipulated in the subscription tier You selected. In those cases, that fee must be paid within 5 business days. If You cancel Your subscription after the end of the minimum contract term, You will not be charged any cancellation fees.
If You cancel Your subscription before the first website is completed, We will deliver the website to You as-is at the time of cancellation, as long as You have paid the cancellation fee. Furthermore, You will be responsible for any additional costs to complete the website, as well as any costs to transfer or readapt the website to another service provider.
Unless otherwise stated in written by Our sales team, the minimum contract term and early cancellation fees are as follows:
For the upfront fee, please contact Our sales team for details.
There is no fixed hard limit to the number of tasks You can request in a month, however there are factors that may limit the number of tasks You can request in a month, such as:
For example, in a given month You may choose to request several small tasks, fewer larger tasks, or a combination of smaller and larger tasks, if that is within the limits set by Your subscription plan as exemplified above.
Furthermore, We may not be able to work on a task if it is outside of the scope of the subscription plan You selected. If You need a task that is outside of the scope of Your subscription plan, You will need to upgrade Your subscription to a higher tier, or come up with an arrangement with the Creative Team.
You may create a queue of tasks to be worked on. The queue will be processed in the order of Your preference. If You do not specify a preference, We will process the queue in the order in which the tasks were requested.
For details on task lead times and which task types are included with Your subscription, please refer to the subscription tier You selected (or Our sales team) for details on the lead time that applies to You. We reserve the right to change the lead time for each task type at any time. We will notify You of any changes to task lead times with at least 10 business days in advance, if the change will affect Your use of the Service.
The new lead times will apply to all future tasks (including tasks that have been queued but not started by Us) from the moment the change is effective. The lead times for tasks that were started before the effective change will not be affected.
Although We try Our best to provide a standardized list of task types and their lead times, We understand that providing custom services can bring unique situations. Once We receive Your task request with Your description, We reserve the right to:
We will do a best effort to keep You notified of significant changes to tasks (such as the changes exemplified above), but We are under no obligation to notify You on every change. It is also Your responsibility to occasionally keep track of the task board in the portal, and communicate with Us if You have any questions or concerns.
We will notify You when a task is completed. We will keep the task in the "To Review" status, to give You a chance review the task and provide feedback. We generally wait until You provide feedback or approval in order to close it. However, We reserve the right to mark the task as completed under the following circumstances:
If You are not satisfied with the task, You may request revisions. We will estimate the size of the revisions requested, and provide You with an estimate of the lead time to complete the revisions. The lead time will be based on the usual lead time of a task of similar size. The revision may be tracked as a separate task, or as a revision to the original task (with the extra lead time added to it), at Our sole discretion.
Revisions count towards the number of tasks that can be worked on at once. For example, if You have a subscription that allows You to get work on 1 task at once, and You have 1 revision in progress, We will not be able to work on any other tasks during the revision is completed.
The specific rules of task cancellation will generally depend on two factors:
For tasks that do not involve a scheduled event with Us, and does not cost credits, the following rules apply:
We understand that sometimes You may have a shift in priorities, and You may need to pause a task in progress to prioritize another one. You may pause a task in progress at any time. If You do, We will stop working on the task, and free up that task slot so that We can start working on Your other tasks in the queue.
The lead time spent on the task will be saved, and will be paused until You resume the task. Once You resume, the lead time will resume from where it was paused. For example, if You pause a task that has a 2 week lead time after 1 week, and You resume it later, the remainder of the task will be completed in 1 week.
Please note that You cannot "pause" a task with a scheduled event with Us right before the event. Any pausing of such tasks within 72 hours of the scheduled event will be treated as a rescheduling of the event, and will be subject to the rescheduling rules above.
We may need to clarify some details of Your task request. We will contact You to clarify the details. This time will not be counted towards the lead time of the task, and You will not be charged for the time We spend clarifying the details.
Please be aware that We may not be able to start work on a task if We do not have enough information to complete the task, which could result in a delay.
If We do not receive a response from You within 5 business days, We may choose to proceed with the task based on the information We have, or to select the following task from the queue.
If We need clarification on a task that is in progress, We will pause the task until We receive Your response, and work on the following task in the queue, if any. If We do not receive a response from You within 5 business days, We may choose to proceed with the task based on the information We have, or to select the following task from the queue.
We provide some infrastructure as part of the Services We offer, at no extra cost. For example:
However, there are third-party costs that We cannot cover. For example:
Here are some examples for illustrative purposes:
(Note: the above list is not exhaustive, and is provided for illustrative purposes only. Please contact Us if You have any questions about third-party costs and infrastructure.)
The payment for third-party costs and infrastructure is Your responsibility. Depending on the circumstances, The Client and the Provider may agree to one of the following:
Note: We reserve the right to reject any third-party resources that You provide at Our sole discretion, for reasons such as (but not limited to):
Although We will make a good faith effort to provide the services on time and with the quality You expect, You acknowledge and understand that there are certain events that are beyond Our control, and that may affect Our ability to provide the services You have paid for. Those events include, but are not limited to:
We will attempt to notify You of any such events as soon as We become aware of them, or as soon as possible. We will also attempt to provide You with an estimate of the duration of the event, and the impact it will have on Our ability to provide the services You have paid for.
We will not be held responsible for any delays or failures to provide the services You have paid for if those delays or failures are caused by a force majeure event, nor any damages that may result from those delays or failures. We will make a good faith effort to provide the services as soon as possible after the force majeure event is over.
If the force majeure event disrupts the service for more than 10 days, We can provide You with a refund for the unused period of Your subscription, calculated on a pro-rated basis.
We may occasionally submit a task that We think You may need to Your queue. We will place it at the bottom of Your queue until You accept or reject it, to make sure We work on the tasks You requested first.
You may choose to accept the task and move it to a higher priority in the queue, or to reject the task. If You reject the task, We will remove it from the queue.
If Your queue has no tasks requested by You, We may start working on tasks that We submitted automatically. This is an optional feature, and You may disable it at any time. If You disable it, We will not work on any tasks submitted by Us until You have explicitly approved them.
We encourage Our clients to use Our services regularly to get the most value (e.g. using the queue, or allowing Us to proactively submit tasks).
Any inactive time (moments when the task queue is empty and We are not working on any tasks) will not be refunded, and You cannot use any past inactive time as credit in the future.
Furthermore, in credit-based subscriptions, we reserve the right to set a maximum number of credits that can be accumulated. If You reach that limit, You will not receive any more credits until You use some of the credits You have accumulated. We also reserve the right to set an expiration date for the credits You have accumulated. If You do not use the credits before the expiration date, You will lose the credits. Limits and expiration dates are subject to change at any time without notice. We try to place those limits at reasonable levels, so that they are not usually a problem for most of Our clients. We will try in good faith to notify You if You are reaching those limits or expiration dates, but We are under no obligation to do so.
If You need to be absent from Our Services for several months, we recommend contacting Us for details on the limits and expiration dates that apply to Your account.
The Client continues to own any and all proprietary information it shares with the Provider during the term of this Agreement for the purposes of the tasks. The Provider has no rights to this proprietary information and may not use it except to complete the tasks. Upon completion of each task and beyond termination of this Agreement, the Client will own the final Project deliverables.
While the Provider will customize the work to Client’s specifications, the Client recognizes that any software, any design, and any other creative work may share a common structure and basis. The Provider continues to own any and all templates it may have created prior to this Agreement. The Provider will further own any templates it may create as a result of this Agreement.
After approval of each Project, the Client gives the Provider the right to display generic information about some of the Projects performed to the Client as well as the Client’s company name to become part of the Provider’s portfolio, for the purpose of demonstrating the Provider’s work to other potential clients. If the Provider chooses to display such materials, the Provider will do so in a way that protects the Client’s dignity, proprietary and confidential information, and without alterations or misrepresentations.
Furthermore, We may display reviews and testimonials from Our clients on Our website, and in other marketing materials. If You do not want Us to display Your review or testimonial, please let Us know.
Both parties are committed to treating each other with respect, dignity, and good faith at all times. In the event of emotional abuse or harassment, the contract may be terminated by either Party as set out in the termination/cancellation clauses of this agreement.
Developer represents and warrants that he/she has the right to enter into and perform this Agreement. Provider further represents and warrants that he/she has the right to utilize and distribute any software created for Client and that such works are not owned by anyone else to Provider’s knowledge. In the event that the Provider does not have these rights, the Provider agrees to assist the Client and repay any associated damages Client may experience or will take responsibility so that Client does not experience any damages.
Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Provider to be included in any Project. In the event that Client does not have these rights, Client agrees to assist the Provider and repay any associated damages Provider may experience or will take responsibility so that Provider does not experience any damages.
The Client is entitled to a 6-month warranty on each software deliverable starting the day the Project is completed. Warranty is only valid given that the defects are not caused by modification by the Client or third parties. Content updates within the system are not deemed as “changes” and can be performed by anyone without voiding the warranty term. Structural changes to the software logic may void the warranty if it causes a defect.
Warranty includes: technical errors, software bugs and defects.
THE DEVELOPER DOES NOT REPRESENT OR WARRANT THAT ANY WORK FROM HIRED TASKS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE DEVELOPER HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOSS OF BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
IN NO EVENT SHALL THE DESIGNER, ITS AFFILIATES, ITS PARTNERS, OR ITS CONTRACTORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING FROM, OUT OF OR IN CONNECTION WITH ANY SOFTWARE DEFECTS, CONTENT ERRORS, OR ANY OTHER ISSUES IN THE WORK PROVIDED BY THE PROVIDER.
Although the Provider will, in good faith, try to develop deliverables that respect applicable laws, the Provider does not provide any warranties for any compliance issues with any work created. IN NO EVENT SHALL THE PROVIDER OR ITS AFFILIATES BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING FROM, OUT OF OR IN CONNECTION WITH ANY COMPLIANCE ISSUES WITH DELIVERABLES CREATED.
THE CLIENT FURTHER RECOGNIZES THAT THE DEVELOPER DOES NOT PROVIDE LEGAL SERVICES OF ANY KIND. IT IS THE CLIENT’S SOLE RESPONSIBILITY TO REVIEW DELIVERABLES FOR COMPLIANCE ISSUES, REQUEST TO FIX ANY ISSUES, AND ENSURE ALL DELIVERABLES CREATED REMAIN COMPLIANT WITH APPLICABLE LAWS AS THEY CHANGE.
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in the United States and other countries. The Parties each represent that they have the authority to enter into this Agreement.
In order to create websites or other software, the Provider might integrate certain third party services (Including but not limited to: Airtable, Shopify, among others), which have their own terms of service and privacy policies. The client understands that, in order to operate the website or applicable software, it may be necessary for the Client to create accounts with such services and accept their terms of service as a result.
If the Client is found to have breached any of the terms of this contract in a way that is deceitful, dishonest, or harmful to the Provider or Third Parties (e.g. by using the Provider’s work to harm others, using the Service to commit illegal acts, or by using the Service to violate the Provider’s intellectual property rights), the Provider may terminate the contract immediately, without completion of any tasks in progress, and without any refunds. The Provider will not be liable for any damages or losses that the Client may incur as a result of the termination of this contract.
If the Provider wishes to terminate this contract for any other reason (e.g. change of business direction, or if the Provider is no longer able to provide the Service), the Provider will:
In the case the Client has taken a website creation deal, The Client will not have to pay any cancellation fees.
The Provider will not be liable for any damages or losses that the Client may incur as a result of the termination of this contract.
All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
We may change these terms at any time. If We do, We will notify You by email with one month’s notice to give You time to review them, unless they are trivial or the changes do not affect existing services provided to You. If You do not agree with the changes, You may cancel the subscription following the cancellation terms described in this contract. If You do not cancel the subscription, You will be bound by the new terms once they take effect.
If any provision of this contract is held unenforceable, all other provisions will remain in full force and effect to the fullest extent of the law.
The Client is encouraged to contact the Provider about any concerns or questions related to this contract, or request changes.
Other terms noted. Client is responsible for third party fees (e.g. Airtable fees, or other services used). Those fees must be paid directly to the third party.
This contract is governed by the laws of the State of Florida, United States of America. The Client and the Provider agree to submit to the exclusive jurisdiction of the courts of the State of Florida, United States of America.
This contract constitutes the entire agreement between the Client and the Provider and supersedes all prior agreements, whether written or oral, between the Client and the Provider.
If You have any questions about this contract, please contact Us at contact@bobblesdigital.com.