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These Terms of Service (the "Agreement") are entered into by and between Brilliant Ideas Consulting Inc., a Florida corporation doing business as Digital Visibility Concepts ("DVC," "we," "us," or "our") and the individual or entity that accepts these terms ("Client," "you," or "your").
DVC provides comprehensive digital marketing services. The specific services provided to Client shall be set forth in the applicable Engagement Agreement.
Client agrees to provide complete, accurate, and timely information; pay all fees when due; cooperate fully with DVC; and grant necessary platform access.
Hold Harmless: Client indemnifies DVC from all claims arising from Client's information, conduct, content, or breach of this Agreement.
Both parties agree to maintain strict confidentiality of all Confidential Information; use it only for purposes of this Agreement; protect it with no less than reasonable care; not disclose to third parties without written consent; and return or destroy upon termination.
In the event of a data breach affecting Client information, DVC will notify affected Clients within the timeframe required by applicable state and federal law (typically 30–60 days), provide information about the nature of the breach and data affected, and implement additional security measures to prevent recurrence.
Client's personal information is handled per the DVC Privacy Policy, incorporated herein by reference. We collect only information necessary for services and never sell or rent your data to third parties.
Client websites may include Google Analytics, Facebook Pixel, LinkedIn Insight Tag, and other tracking tools for marketing purposes. Client is responsible for website privacy policy compliance.
Confidentiality obligations survive for 7 years after termination and indefinitely for trade secrets and proprietary information.
DVC Does Not Guarantee: Specific search engine rankings or traffic levels; guaranteed PPC ROI or conversion rates; lead generation volume consistency; protection from algorithm changes; immunity from platform suspensions; or specific revenue increases. Services provided "AS IS" without warranties of merchantability or fitness for a particular purpose.
DVC's maximum aggregate liability is limited to the lesser of: total fees paid by Client in the preceding 6 months for the specific service causing the claim, or $50,000.
No liability for indirect, consequential, or punitive damages; lost profits; lost opportunities; or business interruption.
Client indemnifies DVC from all claims arising from Client's breach, content, conduct, or use of services.
DVC may terminate immediately for: non-payment, material breach, false information, policy violations, illegal conduct, or abusive behavior.
By accepting these Terms, Client consents to receive service communications via telephone, text, email, video conferencing, and project management tools.
Monday–Friday: 9:00 AM – 6:00 PM EST. Closed weekends and major U.S. holidays. Emergency support available for Enterprise hosting clients only.
Mandatory Binding Arbitration: All disputes shall be resolved through binding arbitration rather than in court. Client waives right to participate in class actions, class arbitrations, and jury trials.
You may opt out within 30 days by sending written notice to legal@digitalvisibilityconcepts.com stating "I opt out of the arbitration provision."
Florida law governs. Exclusive jurisdiction in Alachua County, Florida courts.
DVC is an independent contractor. No employer-employee, partnership, joint venture, or agency relationship exists. Each party is responsible for their own taxes and insurance.
Client agrees not to solicit, recruit, or hire DVC employees or contractors during the term and for 2 years after termination. Liquidated damages: $25,000 per solicited individual plus recruitment costs.
Neither party shall make false, misleading, or negative public statements about the other during the term and for 3 years after termination. Exceptions apply for truthful responses and statements required by law.
DVC may assign this Agreement to affiliated entities or in connection with merger or acquisition. Client may not assign without DVC's prior written consent.
Neither party is liable for delays due to acts of God, war, government actions, internet failures, pandemics, or third-party platform failures. If force majeure exceeds 60 days, either party may terminate.
Nothing in this Agreement limits rights under state or federal consumer protection laws, mandatory cooling-off periods, or FTC enforcement authority.
May have additional rights under CCPA. DVC does not share personal information for third-party direct marketing ("Shine the Light" disclosure).
DVC provides reasonable accommodations for persons with disabilities and complies with the Americans with Disabilities Act. Contact accessibility@digitalvisibilityconcepts.com for accommodation requests.
By signing any Engagement Agreement, clicking "I Accept," making payment for DVC services, or allowing DVC to begin work, Client accepts these Terms and acknowledges having read and understood them, with the opportunity to consult with an attorney before accepting.