INTERPRETATION AND DEFINITIONS
Definitions: Words with capitalized initial letters have the meanings assigned to them in these Terms and Conditions, whether they appear in singular or plural form. For the purposes of this Agreement: "Affiliate" means any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interests, or other voting securities. "Company" refers to Brandholm LLC, a limited liability company registered in the State of Texas, United States of America (referred to as "the Company," "We," "Us," or "Our"), with contact details: support@brandholm.com, https://brandholm.com/, and its registered address at 12828 Willow Drive D, Houston, TX 77066, United States. "Country" refers to the United States of America, where Brandholm LLC is registered and primarily operates across the US and Canadian markets. "Device" means any electronic device capable of accessing the Services, including computers, mobile phones, tablets, and similar devices. "Service" refers to the Brandholm LLC website and all associated digital services, including but not limited to Web Design & Development, Search Engine Optimization (SEO), Local Maps Optimization, eCommerce Management, Social Media Marketing, PPC Management, Content Marketing, App Development, Answering Services, IT Services, and Virtual Assistant Services. "Third-Party Social Media Service" means any services, content, data, information, products, or services provided by third parties that may be displayed, included, or made available through the Service, including but not limited to Google, Meta, LinkedIn, and other digital platforms. "Website" refers to the official Brandholm LLC website, accessible at https://brandholm.com/. "You" refers to the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is accessing or using the Service, as applicable.
ACKNOWLEDGMENT
These Terms and Conditions govern your access to and use of the Services provided by Brandholm LLC and constitute the entire agreement between you and the Company. By accessing or using our website or Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use our Services. By using the Service, you also confirm that you are at least 18 years of age or otherwise legally capable of entering into a binding agreement. In addition, your use of the Service is subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal information, as well as your privacy rights under applicable laws. We encourage you to review our Privacy Policy carefully before using our website or engaging any of our Services.
SERVICES PROVIDED
Brandholm LLC provides a comprehensive range of digital marketing and technology services to businesses across the United States and Canada. Our Services include, but are not limited to:
• Web Design & Development — Custom website design, development, optimization, and ongoing maintenance.
• Search Engine Optimization (SEO) — Organic search ranking improvement, technical SEO, keyword strategy, and content optimization.
• Local Maps Optimization — Google Business Profile management, local SEO, and improving local search visibility.
• eCommerce Management — Online store optimization, product listing management, conversion improvement, and sales strategy.
• Social Media Marketing — Social media strategy, content creation, scheduling, engagement, and community management.
• PPC Management — Paid advertising campaign management across Google Ads, Meta Ads, and other digital advertising platforms.
• Content Marketing — Blog writing, website content, landing page copy, email sequences, and content strategy development.
• App Development — Custom mobile and web application design, development, and deployment.
• Answering Services — Professional call answering, customer support, appointment handling, and lead capture services.
• IT Services — Technology support, network management, cybersecurity assistance, and cloud-based solutions.
• Virtual Assistant Services — Administrative support, customer service assistance, data management, and operational support.
The specific scope of work, deliverables, timelines, and pricing for each service engagement will be defined in a separate service agreement, proposal, or statement of work mutually agreed upon by both parties in writing.
LINKS TO THIRD-PARTY WEBSITES
Our Service may include links to third-party websites, platforms, or services that are not owned, operated, or controlled by Brandholm LLC, including advertising platforms, analytics tools, social media platforms, and other third-party providers used in delivering our Services. Brandholm LLC does not control and is not responsible for the content, privacy policies, security practices, terms, or operations of any third-party websites or services. You acknowledge and agree that Brandholm LLC shall not be held liable, directly or indirectly, for any loss, damage, or issues arising from your use of or reliance on any third-party content, products, services, or websites. We recommend that you review the terms and privacy policies of any third-party platforms you access. Third-party platforms used for service delivery, including Google Ads, Meta Business Suite, and other digital platforms, operate under their own terms and policies. While Brandholm LLC manages and utilizes these platforms on behalf of clients, we are not responsible for changes in third-party platform rules, algorithms, policies, or updates that may impact service performance, advertising results, or campaign outcomes.
CLIENT OBLIGATIONS
Where You engage Brandholm LLC as a service client, You agree to the following obligations:
• Provide Accurate Information — Provide accurate, complete, and updated information required for the successful delivery of Services, including business details, account access, and content approvals.
• Timely Reviews & Approvals — Review and approve deliverables, proposals, and campaign materials within the agreed timelines. Any delays in approvals may impact project schedules, and Brandholm LLC shall not be held responsible for such delays.
• Ownership of Provided Materials — Ensure that You have the legal rights and permissions to use any content, materials, logos, trademarks, or intellectual property provided to Brandholm LLC for use in delivering Services.
• Maintain Account Security — Maintain secure access credentials and promptly notify Brandholm LLC of any security issues, unauthorized access, or concerns related to shared accounts and platforms.
• Timely Payments — Pay all invoices according to the agreed payment terms. Failure to make timely payments may result in suspension or termination of Services.
• Legal Compliance — Comply with all applicable laws, regulations, advertising standards, industry requirements, and data protection laws related to Your business and use of the Services.
INTELLECTUAL PROPERTY
Intellectual Property Rights
Unless otherwise agreed in writing, the following intellectual property terms apply to all service engagements with Brandholm LLC:
• Client-Owned Materials — Any pre-existing intellectual property provided by You to Brandholm LLC, including logos, brand assets, content, data, and other materials, remains Your exclusive property. You grant Brandholm LLC a limited, non-exclusive license to use such materials solely for the purpose of delivering the agreed Services.
• Work Product Ownership — Upon receipt of full payment for a specific deliverable, Brandholm LLC assigns to You all rights, title, and interest in the completed work product created specifically for that engagement, including website designs, written content, creative assets, and other deliverables. This transfer does not include Brandholm LLC’s pre-existing tools, frameworks, methodologies, templates, or proprietary processes used during the creation of the work product.
• Brandholm LLC Proprietary Rights — All intellectual property related to Brandholm LLC’s own brand, website, methodologies, systems, templates, tools, processes, and proprietary materials remains the exclusive property of Brandholm LLC. You may not reproduce, distribute, modify, or create derivative works from Brandholm LLC’s proprietary materials without prior written consent.
• Portfolio & Marketing Rights — Unless otherwise agreed in writing, Brandholm LLC reserves the right to reference the client relationship and showcase completed work created during the engagement in its portfolio, case studies, website, and marketing materials, while respecting any applicable confidentiality obligations.
PAYMENT TERMS
Payment terms for Services provided by Brandholm LLC are governed by the individual service agreement, proposal, or statement of work agreed upon by both parties. The following general payment terms apply:
• Currency & Fees — All service fees are quoted in United States Dollars (USD) unless otherwise agreed in writing.
• Invoice Payment Terms — Invoices must be paid within the timeframe specified in the applicable service agreement. If no payment timeframe is stated, payment will be due within 14 calendar days from the invoice date.
• Late Payments — Late payments may result in the suspension or limitation of Services. Brandholm LLC reserves the right to charge interest on overdue balances at the maximum rate permitted by applicable law.
• Non-Refundable Payments — All payments and fees are non-refundable unless otherwise agreed in writing or required under applicable consumer protection laws.
• Pricing Changes — Brandholm LLC reserves the right to update or revise service pricing with reasonable notice. Any pricing changes will not affect existing agreements during their active term.
• Invoice Disputes — Any invoice disputes must be submitted in writing within 7 days of receipt. Any undisputed portion of the invoice remains payable according to the agreed payment terms.
CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any non-public, proprietary, or sensitive information disclosed by the other party in connection with the Service engagement ("Confidential Information"). This includes but is not limited to:
• Business strategies, plans, and financial information
• Client lists and customer data
• Pricing, proposals, and service methodologies
• Login credentials and platform access details
• Any information identified as confidential at the time of disclosure
Brandholm LLC | Terms & Conditions | Effective July 12, 2026 | support@brandholm.com | brandholm.com
Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except where required by law or court order. This obligation survives termination of the service relationship for a period of two (2) years
TERMINATION
Brandholm LLC may terminate or suspend Your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
• Breach of Terms and Conditions — Failure to comply with these Terms and Conditions or any applicable service agreement.
• Non-Payment of Fees — Failure to make required payments within the agreed payment terms or applicable grace periods.
• Harmful Conduct — Any conduct that may negatively impact other clients, Brandholm LLC’s reputation, operations, or third parties.
• Unlawful Activities — Requests or activities that violate applicable laws, regulations, or third-party platform policies.
Upon termination or suspension, Your right to access and use the Services will immediately cease. Any outstanding fees for Services provided up to the effective termination date shall remain due and payable.
If You wish to terminate a service engagement, the applicable notice requirements and exit procedures will be governed by the relevant service agreement. Where no specific termination terms exist, You agree to provide a minimum of 30 days’ written notice by contacting support@brandholm.com.
Termination of any service engagement shall not affect any rights, responsibilities, or obligations that have accrued before the termination date, including outstanding payment obligations, confidentiality requirements, intellectual property rights, and other provisions that are intended to survive termination.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the total cumulative liability of Brandholm LLC, including its affiliates, directors, employees, agents, suppliers, and licensors, arising out of or related to these Terms and Conditions shall be limited to the amount actually paid by You to Brandholm LLC during the three (3) months immediately preceding the event giving rise to the claim, or USD 100 if no payment has been made.
To the maximum extent permitted by applicable law, Brandholm LLC and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages, including but not limited to:
• Loss of Revenue or Profits — Any loss of profits, revenue, anticipated savings, or financial opportunities.
• Loss of Business Opportunities — Any loss of business, contracts, customers, partnerships, or client relationships.
• Loss of Data or Information — Any loss, corruption, or unauthorized access to data, content, or information.
• Business Disruption — Any business interruption, service downtime, delays, or operational impact.
• Loss of Reputation — Any loss of goodwill, brand value, or business reputation.
• Privacy or Personal Damages — Any personal injury, privacy loss, or damages resulting from the use of or inability to use the Service.
• Third-Party Services — Any damages arising from third-party software, platforms, applications, tools, or hardware used in connection with the Services.
These limitations apply even if Brandholm LLC has been advised of the possibility of such damages and even if any remedy provided under these Terms fails of its essential purpose.
Certain states, jurisdictions, or applicable laws may not allow the exclusion of implied warranties or limitations on certain types of damages. In such cases, the liability of each party shall be limited to the maximum extent permitted by applicable law.
Brandholm LLC provides digital marketing services and manages campaigns through third-party platforms. Brandholm LLC shall not be held responsible for changes, interruptions, or performance impacts caused by third-party platform updates, including but not limited to search engine algorithm changes, advertising policy updates, or platform rule changes by services such as Google, Meta, or other external platforms.
PERFORMANCE AND RESULTS DISCLAIMER
Brandholm LLC is committed to providing professional, high-quality digital marketing services using current industry standards and best practices. However, digital marketing performance can be influenced by various factors beyond our direct control, including but not limited to:
• Search Engine Algorithm Changes — Updates and changes made by search engines, including Google and Bing, that may impact rankings, visibility, and website performance.
• Third-Party Platform Changes — Policy updates, algorithm changes, restrictions, or modifications by advertising and social media platforms, including Google Ads, Meta, LinkedIn, and other third-party services.
• Market & Industry Factors — Competition, market trends, seasonal changes, and consumer behaviour that may affect campaign performance and results.
• Client-Related Factors — Website performance, conversion rate optimization, product or service quality, pricing, customer experience, and other factors controlled by the client.
• External Conditions — Economic conditions, industry changes, and other external factors that may influence customer behaviour and business outcomes.
Brandholm LLC does not guarantee specific search rankings, website traffic levels, leads, sales, revenue, or other performance outcomes unless such commitments are expressly stated in a separate written performance agreement. Any forecasts, estimates, projections, or expected results provided in proposals or communications are based on industry benchmarks, historical data, and professional experience and should not be considered guarantees of specific results.
AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis, including all faults and defects, without warranties or guarantees of any kind. To the maximum extent permitted by applicable law, Brandholm LLC, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, relating to the Service, including but not limited to:
• Implied Warranties — Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Business Practices — Any warranties arising from prior dealings, course of performance, industry practices, or trade usage.
• Service Outcomes — Any warranty that the Service will meet Your specific requirements, expectations, or achieve any particular results or business outcomes.
• Service Availability & Compatibility — Any warranty that the Service will operate without interruption, errors, defects, delays, or compatibility issues with other software, systems, or platforms.
• Information Accuracy — Any warranty regarding the accuracy, reliability, completeness, or timeliness of information, data, or materials provided through the Service.
Some jurisdictions may not permit the exclusion of certain warranties or limitations of statutory consumer rights. In such cases, the exclusions and limitations contained in these Terms shall apply to the maximum extent permitted under applicable law.
GOVERNING LAW
These Terms and Conditions, along with any disputes, claims, or matters arising from or related to the Services provided by Brandholm LLC, shall be governed by and interpreted in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.
Your use of the Service may also be subject to additional applicable local, state, national, or international laws and regulations depending on Your location, business activities, and the nature of the Services engaged. Both parties agree to comply with all applicable legal requirements relevant to their obligations under these Terms and Conditions.
DISPUTE RESOLUTION
In the event of any dispute, concern, or claim arising out of or relating to these Terms and Conditions or the Services provided by Brandholm LLC, both parties agree to follow the dispute resolution process outlined below:
• Step 1 — Informal Resolution — The parties shall first attempt to resolve any dispute informally by providing written notice to Brandholm LLC at support@brandholm.com. Brandholm LLC will make reasonable efforts to review and resolve the matter within 14 calendar days of receiving the written notice.
• Step 2 — Mediation — If the dispute cannot be resolved through informal discussions within 14 days, either party may request formal mediation through a mutually agreed mediator. Unless otherwise agreed in writing, the costs associated with mediation shall be shared equally between both parties.
• Step 3 — Binding Arbitration — If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of a mutually agreed arbitration organization located in the State of Texas, United States of America. The arbitrator’s decision shall be final and binding upon both parties.
Nothing in this Dispute Resolution clause shall prevent either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction when necessary to prevent immediate and irreparable harm.
FOR EUROPEAN UNION (EU) USERS
If You are a consumer located in a European Union member state, You may benefit from the mandatory protections and rights provided under the applicable consumer protection laws of the country in which You reside. These legal rights cannot be excluded, waived, or limited by contractual terms, and nothing in these Terms and Conditions is intended to affect or restrict those mandatory rights.
EU users also retain all applicable rights and protections under the General Data Protection Regulation (GDPR) regarding the collection, use, processing, and protection of personal data, as further described in the Brandholm LLC Privacy Policy.
UNITED STATES LEGAL COMPLIANCE
By accessing and using the Service, You represent and warrant that:
• Restricted Locations — You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a terrorist-supporting country.
• Restricted Parties — You are not listed on any United States government list of prohibited, restricted, or sanctioned parties.
• Legal Compliance — You will use the Services only in compliance with all applicable US federal, state, and local laws and regulations, including but not limited to advertising regulations, consumer protection laws, data privacy laws, and industry-specific regulations applicable to Your business.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Brandholm LLC, including its partners, employees, agents, contractors, and licensors, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:
• Your access to or use of the Services.
• Your violation of these Terms and Conditions.
• Your violation of any applicable law, regulation, or third-party rights.
• Any content, materials, or information You provide to Brandholm LLC for the delivery of Services.
• Any claim that content or materials provided by You infringe upon the intellectual property rights of a third party.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be modified and interpreted to achieve the original intent to the maximum extent permitted by law. All remaining provisions of these Terms shall continue in full force and effect.
Waiver
The failure of Brandholm LLC to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver of a breach shall not constitute a waiver of any future breach of the same or any other provision.
TRANSLATION AND INTERPRETATION
These Terms and Conditions are originally drafted in English and may be translated into other languages for convenience. In the event of any conflict, inconsistency, or dispute regarding interpretation, the original English version shall prevail over any translated version.
CHANGES TO THESE TERMS AND CONDITIONS
Brandholm LLC reserves the right to modify, update, or replace these Terms and Conditions at any time at its sole discretion. Where a material change is made, Brandholm LLC will make reasonable efforts to provide at least 30 days’ notice before the updated Terms become effective.
Notice of changes may be provided through:
• Posting updated Terms on https://brandholm.com/ with a revised effective date.
• Sending notifications to Your registered email address where applicable.
• Displaying a prominent notice on the Service where appropriate.
By continuing to access or use the Service after updated Terms become effective, You agree to be bound by the revised Terms. If You do not agree with any changes, You must discontinue use of the Service.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Brandholm LLC Privacy Policy and any separate written service agreements, proposals, or statements of work entered into between You and Brandholm LLC, represent the complete agreement between You and the Company regarding the Services.
These Terms replace all previous or simultaneous agreements, representations, or understandings, whether written or verbal, related to the Services, unless such agreements are specifically preserved in writing and signed by both parties.
SMS TERMS OF SERVICE
By opting into SMS communications from Brandholm LLC, whether through a website form, contact submission, verbal authorization, or any other method, You agree to receive SMS messages from Brandholm LLC. These SMS Terms of Service apply in addition to the main Terms and Conditions.
Types of Messages You May Receive
By subscribing to SMS communications, You may receive:
• Marketing & Promotional Messages — Service announcements, offers, new service launches, and promotional campaigns.
• Appointment Reminders — Scheduled calls, consultations, onboarding meetings, and client check-ins.
• Account Notifications — Service updates, account changes, billing notifications, and renewal reminders.
• Campaign & Delivery Notifications — Campaign confirmations, performance updates, and report notifications.
• Customer Care Messages — Support responses, onboarding guidance, and follow-up communications.
• Order & Service Alerts — Service confirmations, project updates, and delivery notifications.
• Transactional Updates — Invoice notifications, payment confirmations, and agreement reminders.
Key SMS Terms
• Message Frequency — Message frequency may vary depending on Your service engagement, communication preferences, and campaign activity.
• Message & Data Rates — Message and data rates may apply according to Your mobile carrier plan.
• Opt-Out — To stop receiving SMS messages, reply STOP to any message received from Brandholm LLC. You will receive a final confirmation message, after which no further SMS messages will be sent.
• Support — For assistance, reply HELP or contact Brandholm LLC through https://brandholm.com/ or support@brandholm.com.
• Privacy Policy — Visit https://brandholm.com/ for our Privacy Policy.
• Terms of Service — Visit https://brandholm.com/teams-and-conditions for our Terms of Service.
SMS Opt-In Disclosure Language
The following disclosure language applies to all Brandholm LLC SMS opt-in forms:
"By opting into SMS from a web form or other medium, you agree to receive SMS messages from Brandholm LLC. These messages may include marketing, customer care, account notifications, appointment reminders, order alerts, campaign updates, and service notifications. Message frequency varies. Message and data rates may apply. View our Privacy Policy at https://brandholm.com/. Reply HELP for assistance. Reply STOP to unsubscribe."
No Third-Party Sharing of SMS Data
Your phone number and SMS consent information will never be sold, rented, or shared with third parties for their own marketing or promotional purposes. SMS data will only be used for communications directly related to Brandholm LLC Services as described in these Terms. All SMS data handling is governed by the Brandholm LLC Privacy Policy.
CONTACT US
If You have any questions, concerns, or requests regarding these Terms and Conditions, please contact Brandholm LLC through the following channels:
Company: Brandholm LLC
Email: support@brandholm.com
Website: https://brandholm.com/
Phone: +1(737) 423 9448
Mailing Address: 12828 Willow Drive D Houston, TX 77066
Business Hours: Monday – Friday, 9:00 AM – 6:00 PM CST
