These Terms of Service ("Terms") govern your access to and use of the website behuman.agency (the "Site") and the marketing, advertising, and creative services (the "Services") provided by beHuman Advertising Limited ("we," "us," "our," or "the Agency").
By accessing our Site, booking a call, or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Site or Services.
1. Services Provided
beHuman Advertising Limited provides paid social advertising, creative strategy, and related marketing services. The specific scope of work, deliverables, and fees will be outlined in a separate Master Services Agreement (MSA), Statement of Work (SOW), or proposal. In the event of a conflict between these Terms and a signed MSA/SOW, the MSA/SOW shall prevail.
2. SMS and Communications Policy
By opting in to receive SMS text messages from beHuman Advertising Limited, you agree to the following terms regarding our messaging program:
•Program Description: We use SMS messaging to send appointment confirmations, call reminders, follow-up communications, and relevant marketing updates regarding our services.
•Opt-Out Instructions: You can cancel the SMS service at any time. Just text "STOP" to the short code or number from which you received the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
•Help Instructions: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].
•Message and Data Rates: As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
•Carrier Liability: Carriers are not liable for delayed or undelivered messages.
•Age Restriction: By opting in to receive messages, you confirm that you are at least 18 years of age or older.
•Privacy Policy: For information on how we collect and use your data, please review our Privacy Policy.
3. Client Responsibilities & Obligations
To ensure the successful delivery of our Services, you agree to:
•Provide Timely Access: Supply all necessary assets, brand guidelines, account access, and approvals in a timely manner. Delays on your end will result in corresponding delays in our deliverables, for which we are not liable.
•Fund Ad Spend: You are solely responsible for funding all advertising spend directly to the respective platforms (e.g., Meta, X, LinkedIn). The Agency is not responsible for paused campaigns due to billing failures on your ad accounts.
•Ensure Legal Compliance: You warrant that all products, services, claims, and offers you ask us to promote comply with all applicable laws, regulations, and advertising platform policies. You are solely responsible for the legality of your business operations.
4. Marketing Specific Discipline & No Guarantees
While we employ industry-leading strategies and frameworks to optimize your campaigns, advertising inherently involves risk and variables beyond our control.
•No ROI Guarantee: We do not and cannot guarantee specific financial results, return on ad spend (ROAS), cost per acquisition (CPA), or sales volume. Past performance or case studies shared on our Site do not guarantee future results.
•Market Volatility: Advertising costs and performance fluctuate based on market conditions, seasonality, platform algorithm changes, and competitor behavior. You acknowledge and accept these risks.
5. Platform Policies & Account Suspensions
Third-party advertising platforms (Meta, X, LinkedIn, Google, etc.) have strict, frequently changing policies.
•Account Bans: The Agency is not liable for any ad account bans, restrictions, or disabled business managers.
•Policy Enforcement: If a platform rejects an ad or suspends an account due to your industry, landing page, or historical account quality, you remain responsible for our management fees. We will advise on best practices for compliance, but the final decision rests with the platform.
6. Fees, Payments, and Chargeback Protection
•Payment Terms: All fees for Services must be paid in full according to the schedule outlined in your agreement.
•No Refunds: Due to the time, labor, and strategic expertise required to deliver our Services, all payments are strictly non-refundable once work has commenced.
•Chargeback Shield: By providing your payment information, you authorize us to charge the agreed-upon fees. You agree not to issue a chargeback or dispute any valid charge with your bank or credit card company. In the event of an unjustified chargeback, we reserve the right to suspend all Services, withhold deliverables, and pursue legal action to recover the disputed funds, plus any associated collection fees, legal fees, and administrative costs.
7. Intellectual Property
Unless otherwise agreed in writing:
•Agency IP: We retain ownership of all proprietary systems, frameworks, scripts, and methodologies used to deliver the Services.
•Client IP: You retain ownership of your brand assets, logos, and pre-existing materials.
•Deliverables: Upon full payment of all undisputed fees, you are granted a license to use the final creative assets produced by the Agency for your advertising purposes.
8. Limitation of Liability
To the maximum extent permitted by law, beHuman Advertising Limited, its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of our Services or Site.
In no event shall our total aggregate liability to you for any claims arising under these Terms exceed the total amount paid by you to the Agency in the three (3) months immediately preceding the event giving rise to the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless beHuman Advertising Limited from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:
•Your use of and access to the Site and Services.
•Your violation of any term of these Terms.
•Your violation of any third-party right, including copyright, property, or privacy right.
•Any claim that your products, services, or provided advertising materials caused damage to a third party or violated platform policies.
10. Term and Termination
We reserve the right to terminate or suspend access to our Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Provisions relating to Intellectual Property, Limitation of Liability, Indemnification, and Payment obligations shall survive termination.
11. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Contact Us
If you have any questions about these Terms, please contact us at:
beHuman Advertising LimitedUnit 4 Strata House, 300 Hawthorne Avenue, HU3 5LL, Hull, UKEmail: [email protected]Phone: 07875538426